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05/02/2006 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 2, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS f.1 A. Friends of the Farm Volunteers ,SIV. CONSENT AGENDA 1.A. APPROVE MINUTES B. PERSONNEL ITEMS �P.( C. APPROVE CHECK REGISTERS th D. APPROVE use of the Community Center for the Miss Eagan Pageant at no charge during e 4d' of July festivities E'. APPROVE temporary on -sale liquor license for the Twin Cities Good Time Softball League. .� F. ACCEPT $4,000 grant from Dakota County Impact Panel for public safety equipment 'bG. RECEIVE BIDS I AWARD CONTRACT — Contract 05-08, (Lone Oak Drive and Lone Oak Parkway — Sidewalk Improvements) P H. RECEIVE Feasibility Report and Schedule Public Hearifor Project 938, Nicols Road —Sidewalk ng (June 6, 2006) Improvements )9 I. AUTHORIZE Preparation of Comprehensive Transportation Plan 20 J. AUTHORIZE Preparation of Comprehensive Water and Sanitary Sewer Plans .�� K. AUTHORIZE Installation of Pedestrian Countdown Timer (Silver Bell Road & TH 13) rAPPROVE Wetlands Exemption for Utility Pipeline Upgrade (Xcel Energy) M ACCEPT Wetland Delineation Report for Project 02-C (Nature's Edge) '�'a$N. AUTHORIZE Submission of Letter of Support for Implementation of the First Phase Development of the Cedar f Grove West Transit Station x .,_'IRO. APPROVE comments to the City of Rosemount regarding the comprehensive guide plan amendments for properties on Hwy 3 and Hwy 52 P13P. ACCEPT Resignation of Jenifer Matthees from the Advisory Planning Commission p.35 Q. ACCEPT Resignation of Duey Bendt from the Advisory Planning Commission V. PUBLIC HEARINGS A. CERTIFICATION of delinquent board up services 31 B. CERTIFICATION of delinquent utility bills .5� VARIANCE — Granite City Brewery — A Variance of 14' to the required 20' parking setback from Pilot Knob P Road located at 3330 Pilot Knob Road in the SW '/e of Section 10 VI. ORGANIZATIONAL BUSINESS P,Ulo A. ADVISORY COMMISSION APPOINTMENTS VIL OLD BUSINESS VIII. NEW BUSINESS P ? A. RECEIVE FEASIBILITY REPORT for Project 934 and authorize preparation of plans and specifications for Contract 06-05 (Cliff Road and Blackhawk Road / Galaxie Avenue — Intersection Reconfiguration) B. PLANNED DEVELOPMENT AMENDMENT — Thomas Lake Center — Har -Mar, Inc. — A Planned Development Amendment to allow outside storage of daycare vans; to amend the shopping center pylon sign; to make changes to rear elevation of the shopping center located at 1565 Cliff Road in the SW '/4 of Section 28 p1 C. PLANNED DEVELOPMENT AMENDMENT — Lexington Ridge 2nd Addition — Millerville Inc. — A Planned l Development Amendment to construct a garage addition which includes an additional access to the currently constructed private street located at 1149 Lexington Ridge Court in the NW '/4 of Section 27 (� D. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — Kenneally Addition — City of Eagan — A Comprehensive Guide Plan Amendment from Low Density (LD) to High Density (HD) and a Rezoning from Residential Single (R-1) to Residential Multiple (R4) located on Outlot A in the SW 1/4 of Section 18 IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for Acquisition of the Ken Meyers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway �. ICI 1 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Secure Options on Possible y Relocation Sites for Cedarvale Mall Tenants F. OTHER BUSINESS G. ADJOURNMENT . X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIM. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or . status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance noticeof at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Agenda Memo May 2, 2006 City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. FRIENDS OF THE FARM VOLUNTEERS ACTION TO BE CONSIDERED: Recognize Dorothy Peterson, Norm Peterson and Sharon Boeckman for their volunteer hours at Holz Farm. FACTS: • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers contributed a total of 758 hours of service to Holz Farm,in 2005. • Friends of the Farm volunteers are recognized both by the Advisory Parks Commission and the City Council after they've reached specific volunteer hour milestones. • Dorothy Peterson is being recognized for reaching 250 hours of service. • Norm Peterson and Sharon Boeckman are being recognized for reaching the 500 hour. milestone. • Spring is a busy time at the farm as the volunteers and City staff prepare the farm for the Holz Farm Spring Event on Sunday, May 21st and summer camps that will take place in July.. The Farm also hosts the Eagan Garden Club Spring sale on Saturday, May 13th. • The entire community is invited to join the volunteer efforts at the farm by becoming a member of the Friends of the Farm or by pitching in on Spring Clean-up Day held on Saturday, May 6th from 9 a.m. until noon. • Director Johnson will present certificates to these three volunteers in honor of their dedication to Holz Farm. ATTACHMENTS: • None. City of Eap mom To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: . APRIL 289 2006 Subject: AGENDA INFORMATION FOR MAY 2, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the May 2, 2006 City Council agenda, the following items are in order for consideration. CQ Agenda Information Memo May 2, 2006 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 and placed under Old or New Business unless the discussion required is brief. A. APPROVE NHNUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 18, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 18- 2006 regular City Council meeting are enclosed on pages through V . 2-1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL c Eagan, Minnesota !' April 18, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Residents of the Red Pine Crossing area were present to express their concerns regarding the proposed mixed commercial retail / office development to be located southeast of Red Pine Lane and Highway 3. Council directed staff to arrange a meeting with the residents to address their concerns. A regular meeting of the Eagan City Council was held on April 18, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS AND PRESENTATIONS Linda Bendt, Administrative Secretary for the Fire Department was recognized for her 23 years of service to the City. Eric Macbeth, Water Resources Coordinator discussed efforts of Eagan Hardware Hank, Home Depot, Jerry's Garden and Nursery Center, Pellicci Ace Hardware, Sam's Club, Target, and Wal-Mart to protect and improve lake water quality within the City of Eagan. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA City Administrator Hedges noted an item to be added under personnel. Councilmember moved, Mayor seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the .minutes of the April 4, 2006 regular City Council meeting and the March 28, 2006 City Council retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Heidi Savre and Robert Mattson as part-time fitness attendants at the Community Center. 2. It was recommended to approve a memo of understanding for the Police Sergeants Association health insurance. C. Check Registers. It was recommended to ratify the check registers dated April 6, 2006 and April 13, 2006 as presented. D. Premise Permit Renewal: It was recommended to adopt a Resolution approving a Premise Permit renewal for the Eagan Athletic Association to conduct a pull -tab operation at Al Bakers, 3434 Washington Drive. E. Contract Auction Services. It was recommended to approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 6, 2006. F. On -Sale Liquor License. This item was continued indefinitely. G. Extension for Recording Final Plat. It was recommended to approve an extension to May 29, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/a of Section 4. H. Schedule Public Hearing. It was recommended to receive a request from the Eagan Economic Development Authority and schedule a Public Hearing on June 6, 2006 to consider the potential establishment of the redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1 and the Establishment of 41 Eagan City Council Meeting Minutes April 18, 2006 Page 2 Southeast Eagan Tax Increment Financing (Renewal and Renovation) District No. 1 in the area of southeast Eagan bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. I. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the amendment to the Preliminary Planned Development for Diilley Marketplace to allow driveway access for the development to Daniel Drive. J. Project 778. It was recommended to schedule an environmental assessment public hearing for Project 778 (Trunk Highway 149 — Street Upgrade) to be held on June 6, 2006. K. REMOVED Project 934. L. Settlement Agreement. It was recommended to approve a settlement agreement with Nolan & Nolan vs. the City of Eagan and MNDOT, and authorize the Mayor and City Clerk to execute all related documents. M. Contract 06-02. It was recommended to approve Change Order No. 1 to Contract 06-02 (Citywide — Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Donation. It was recommended to accept a donation of $2,000 from City and County Credit Union for the Eagan Live Jive summer entertainment series. O. Advertisement for Bid. It was recommended to authorize the advertisement for bid for three improvement projects identified for the Civic Arena by the independent utility audit completed for the building. P. Advertisement for Bid. It was recommended to authorize the advertisement for bid for the construction of Captain's Course, a nine -hold miniature golf course within Cascade Bay. Q. BCBSM Active Community Grant. It was recommended to approve the City's participation in a Joint Application for a Blue Cross I Blue Shield of Minnesota Active Community Assessment and Engagement Grant opportunity. R. Resignation. It was recommended to accept the resignation of Valerie Dosland from the Eagan Airport Relations Commission. S. Amendment to T -Mobile Lease. It was recommended to authorize the Mayor and City Clerk to sign an amendment to T -Mobile Lease Q430 shiftjng the area of ht lease so as to avoid a gas line. T. MNDOT Right of Way Turnbacks. It was recommended to authorize the acceptance of various "turnbacks" of Minnesota Department of Transportation (MnDOT) right-of-way to the City of Eagan and the expenditure for the associated processing. U. Surplus Pronertv. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 6, 2006. V. Proclamation. It was recommended to proclaim May 20, 2006 and the month of May as Arbor Month in the City of Eagan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE — WOODGATE TOWNHOMES City Administrator Hedges introduced this item regarding a request for 20 -foot Variances from the required 30 -foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2, 3, and 7, Block 5 of Woodgate 3'a Addition for the repair or replacement of existing decks. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve 20 -foot Variances from the required 30 -foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2, 3, and 7, Block 5 of Woodgate 3`d Addition for the repair or replacement of existing decks subject to the following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be approved for each deck prior to construction. i^ Eagan City Council Meeting Minutes April 18, 2006 AFT Page 3 3. All decks must provide a site plan showing the location of the deck edge "and footings, and show that all footings are constructed outside the 10 foot drainage and utility easement along Walnut Lane, at least 25 -feet from the curb edge. 4. The encroachment into the setback will not increase. OLD BUSINESS INTERIM USE PERMIT — LESLEY TSCHERNE City Administrator Hedges provided background information regarding the request for a Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place. This item was previously discussed at the March 21, 2006 City Council meeting. City Planner Ridley provided a site location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6. The Interim Use Permit shall expire on April 18, 2011. NEW BUSINESS PRELIMINARY SUBDIVISION (OLDRE ADDITION) — HAFSTAD REALTY City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single-family lots upon one acre and a Variance.to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive. City Planner Ridley gave a staff report. Councilmember Carlson discussed the proposed driveway and additional curb cut onto Skyline Drive. She suggested that the driveway for the new lot be a shared driveway with the existing home. Wally Hafstad, representing the owners, of the property discussed the history of the property and the proposed subdivision. He stated he did not see a problem•with combining the driveways to prevent an additional curb cut onto Skyline Drive. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Oldre Addition) to create two single family lots upon one acre and a Variance to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive, in the SE 1/4 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993; A1, B1, B4, C1, D1, E1. 2. The property shall be platted. 3. Architectural designs and construction methods for construction of a new single-family home on Lot 1 shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The new house on Lot 1 shall be located so as not to create further erosion of the ravine banks. 5. The new house on Lot 1 shall be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan shall be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. 6. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lot 1. Eagan City Council Meeting Minutes April 18, 2006 Page 4 7. A cash dedication in lieu of on-site water quality ponding should be required for this development. The dedication is payable at the time of final subdivision at the rates then in effect. . 8. This development shall be responsible for a cash parks and trails dedication on Lot 1, payable at the time of final plat at the rates then in effect. 9. The new house on Lot I shall have a shared driveway with the existing house with cross easements being created in a form acceptable to the City Attorney. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Variance request for an existing detached accessory structure exceeding 576 square feet in area for the existing single-family home at 2900 Skyline Drive. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE — EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation of 4.4 acres from QP, Quasi -Public, to LD, Low Density residential; and companion items of a rezoning of 12.8 acres to R-2, a preliminary subdivision of 12.8 acres to create 30 lots; and a Conditional Use Permit & Variance for a free standing cell tower located west of I -35E and south of Deerwood Drive. City Planner Ridley gave a staff report. Perry Ryan, applicant, stated he prefers to install the public improvements privately with no assessments to the adjoining properties. He also discussed the conditions regarding erosion / sediment control plans and a cash dedication in lieu of treatment ponding. Several residents expressed their concern over the possible assessment for the public improvements, drainage issues, increased traffic in the area, and tree removal. City staff addressed the questions and concerns. It was the consensus of the Council that the developer be allowed to install the public improvements privately. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP, Quasi -Public, to LD, Low Density residential, upon approximately 4.34 acres located west of I -35E and south of Deerwood Drive be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges discussed this item regarding an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (COD) in regard to design review due to the dissolution of the City's Economic Development Commission. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (CDG) in regard to Design Review and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 AUTHORIZATION FOR RESOLUTION OF GREYHAWK EASEMENT ACQUISITION City Administrator Hedges discussed a dispute that has arisen between the owner of a single family lot and the Greyhawk Homeowners Association concerning the private street and maintenance obligations, and the owner of the single family residence parking vehicles on his property in a location that obstructs the association's use of the trail. He outlined possible options for the Council to consider. Gary Fuchs, representing the Greyhawk Homeowners Association discussed the situation and stated that the homeowners simply wanted use of the trail as was intended when the property was developed. Mark Gergen, developer of the Greyhawk Addition stated that he took responsibility for not securing the trail easement prior to the sale of the single family property to a third party. He stated he would continue to work with the property owners to get the problems resolved. P7 Eagan City Council Meeting Minutes April 18, 2006 Pages All Jacob Inglesen, owner of the single family residence, stated that he felt he has been harassed over the trail issue by the residents in the homeowners association. He stated that he would not have purchased his home had he known about the trail easement. The Council discussed the matter and agreed that, if necessary, the trail easement could be acquired via eminent domain. They encouraged the developer to continue his efforts in acquiring the trail easement as an obligation of the development agreement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to pursue the acquisition of a trail easement at the current trail location through eminent domain if after 30. days the developer has been unsuccessful in fulfilling the obligation of the development agreement. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was recessed at 8:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The EDA immediately recessed to have a closed session (at the end of the regular City Council meeting) to discuss negotiations for the potential acquisition of the Kent Myers / Eagle Valley Bank property at 3900 Sibley Memorial Highway. The regular City Council meeting was reconvened at 8:51 p.m. ADMINISTRATIVE AGENDA Assistant to the City Administrator Dianne Miller discussed the recommendation of the Airports Relations Commission to proceed with Phase II of the Eagan Noise Study being conducted by Wyle Laboratories in regard to the opening of Runway 17/35. Councilmember Tilley moved, Councilmember Fields seconded a motion to directed staff to proceed with Phase II of the Noise Study: Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to, race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. P Agenda Information Memo May 2, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Recreation Leaders— ACTION TO BE CONSIDERED: To approve the hiring of Erick Bertelsen, Steven Bringgold, Jenifer Culbertson, Katy Donndelinger, Nicole Farlee, Luke Garrison, Kristin Giles, Alyssa Kane, Kalin Laurent, Travis Laurent, Katherine Maruish. Dana Mueller, Jennifer Sparks, Amber Stevenson and Aleecia Svien as part-time seasonal recreation leaders. Item 2. Part-time Seasonal Recreation Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Kevin Blake, Stephanie Carll, Joe DeFrance, Angela Dooley, Laura FArlee, Meghan Galloway, Kaitlin Giles, Kassi Giles, Hillary'Haynes, Natalie Jones, Matt Mason, Kimberlee Maczko, Tiffany Maczko, Brenna O'Gorman, Rachel Spangler, Matt Steele, Kevin Stevenson, Iris Lynette Tej era and Megan Williams as part-time seasonal recreation assistants. Item 3. Part-time Seasonal Recreation Program Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Meghan Chappuis and Christie Mason as part-time seasonal recreation program assistants. Item 4. Part-time Guest Services Representative/Community Center -- ACTION TO BE CONSIDERED: To approve the hiring of Tina Tano as a part-time guest services representative at the Community Center. 0 Agenda Information Memo May 2, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 20, 2006 and April 27, 2006 as presented. ATTACHMENTS: • Check registers dated April 20, 2006 and April 27, 2006 are enclosed without page number. 40 Agenda Memo May 2, 2006 Regular City Council Meeting CONSENT AGENDA: D. Use of Community Center for Miss Eagan Pageant ACTION TO BE CONSIDERED: Approve the use of the Community Center at no charge for the Miss Eagan Pageant during the 4th of July festivities FACTS: • The 4th of July Committee is planning to continue the Miss Eagan Pageant as part of the July 4 Festivities again this year • The Committee is requesting use of the following rooms at no charge: ❖ Large meeting room for gown, speech and talent competition ❖ Three small rooms for girls dressing rooms ❖ One large conference room (upstairs) for Pageant Head Quarters for paperwork ❖ Lone Oak Room for Judge's interview room • The requested dates are: ❖ Wednesday, June 28th — 2:00 p.m. —11:00 p.m. ❖ Thursday, June 29th — 2:00 p.m. —11:00 p.m. • It has been past practice of the City to allow the 4th of July Committee to use the Community Center at no charge for this pageant r� Agenda Information Memo May 2, 2006, Eagan City Council Meeting E. _APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League. FACTS: ➢ The Twin Cities Good Time Softball League, a non-profit organization based in Minneapolis, has applied for a temporary on -sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 27 and 28, 2006 at the Northview Athletic Fields. ➢ The North Star Classic tournament has been held in the City of Eagan since 2004. For the past two years, the organization was granted a temporary liquor license by the City to allow alcohol sales at this event. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public.Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Information required of temporary liquor licensees enclosed on page IL. u 2006 Northstar Classic May 27- 28, 2oo6 Additional information regarding bar/concessions operations at Northview Athletic Complex. Security Precautions ■ Security Personnel from the Minneapolis Gay go's will be checking identification and attaching wristbands to those of legal drinking age. Wrist bands will be provided by College City Beverage, Inc. of Northfield, MN. Signs will be posted at the entrance to the concessions area and the serving booth regarding Minnesota Statute(s) on alcohol sales and consumption. Please see attached example. Insurance Information ■ General Liability Insurance will be provided by Bollinger Insurance of Short Hills, New Jersey ■ Liquor Liability Insurance will be provided by Minnesota Joint Underwriting Association of Saint Paul, MN. ■ At time of this mailing proof of insurance information was not available but will be available prior to commencement of game play. Sales Area ■ Bar/concessions will be contained within the main complex by existing fencing and temporary fencing. ■ Area will be located on the West side of the complex, see attached photographs. ■ A bar/concessions manager will be provided by one of our sponsor bars staff. to Consent Agenda Information Memo May 2, 2006, Eagan City Council Meeting F. Acceptance of Dakota County grant to purchase public safety equipment. ACTION TO BE CONSIDERED: Accept a $4,000.00 Grant from Dakota County Impact Panel that was awarded to the Eagan Police Department to purchase public safety equipment. FACTS: • The Dakota County Impact Panel is an organization that was established to combat drunken driving violations. • New offenders are sentenced by the court system, to listen to persons who have been affected'by drunk driving offenders. This type of treatment is facilitated by the Dakota County Impact Panel. • Offenders who attend this panel must pay a fee to the Dakota County Impact Panel. • Fees'collected by the panel, are awarded to Dakota County Law Enforcement Agencies in the county by rotation. • In April, 2006, the City of Eagan was asked to accept a $4000 grant. • This grant was unsolicited. • The Eagan Police Department would utilize these funds for enforcement efforts. ATTACHMENTS: Copy of the letter from Sue Kirk of the Dakota.County Impact Panel Attachments on pagesI5—�-tlnvt[glr----- . April 13, 2006 Dear Lieutenant Jeff Johnson, The Dakota County Impact Panel meets every other month and DUI offenders are sentenced to attend the panel and listen to speakers whose lives have been impacted by drinking and driving. Our speakers are both offenders who've killed or injured someone and family members who have lost a loved one to drinking and driving. The offenders who attend this panel must each pay a fee. Each year we donate all of our money to a Dakota County Police Dept.. The amount of the grant is $4000. We rotate our donations every year to include different police dept. in the county. None of the police dept. solicits for the grant. We chose who will get the grant by rotation. Any further question please contact Sue at 651-4514858. Sue Kirk Dakota County Impact Panel Agenda Information Memo May 2, 2006 Eagan City Council Meeting G. CONTRACT 05-08 LONE OAK DRIVE AND LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 05-08 (Lone Oak Drive and Lone Oak Parkway - Trail Improvements), to Max Steininger, Inc., for the. base bid in the amount of $128,541.00, and authorizethe Mayor and City Clerk to execute all related documents. FACTS: • Contract 05-08 provides for the installation of bituminous trail improvements along the west side of Lone Oak Drive (Lone Oak Road to Lone Oak Parkway) and the east side of Lone Oak Parkway (Lone Oak Drive to Northwest Parkway) as petitioned by CSM Corporation. • On July 19, 2005, the City Council held a public hearing for Project 922 and approved the project and authorized preparation of detailed plans and specifications. • On March 6, 2006, the City Council approved Project 937 and authorized to the preparation of detailed plans and specifications. • CSM Corporation has executed an agreement providing for a public/private partnership for the construction of a trail along the west side of Lone Oak Drive (Prof 922) and the east side of Lone Oak Parkway (Prof 937). The agreement states that CSM Corporation will pay the full construction costs of the trail via special assessments and waive their rights to a public hearing. The city will finance the costs of the engineering design, inspection and construction/contract management (performed by City personnel). • On March 21, 2006, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 05-08. At 10:30 a.m. on .April 20, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids ' have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Max Steininger, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 14P BID SUMMARY Lone Oak Drive and Lone Oak Parkway Trail Improvements City Project No's. 922/ 937 - City Contract No. 05-08 Bid Date: Thursday, April 20, 2006 Bid Time: 10:30 a.m. 1) Contractors Max Steininger, Inc Total Base Bid $128,541 2) Barber Construction Inc $138,276 3 Valley Paving Inc -$140,030 4) Bituminous Roadways Inc $141,269 5) McNamara Contracting, Inc $156,104 6) Northwest Anhalt Iric $161.601 7) FPI Paving Contractors Inc $170,299 8) Hardrives Inc $175,190 Contract 05-08 Lone Oak Drive and Lone Oak Parkway Trail Improvements Low Base Bid $128,541 Feasibility Report Estimate $ 153.490 Percent Under (-) Estimate -16.3% Engineer's Estimate $165,995 Percent Unde(-) Estimate -22.6% 17 Agenda Information Memo May 2, 2006 H. PROJECT 938 NICOLS ROAD PIN OAK DRIVE TO CLIFF ROAD SIDEWALK IIyIPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility. Report for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) and schedule a public hearing to be held on June 6, 2006. FACTS: • On September 6, 2005, City staff received a petition containing 17 signatures representing 11. properties along Nicols Road, requesting sidewalk improvements, along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. • After reviewing the petition, staff requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioner on September 28, 2005. • On October 18, 2005, the City Council received the petition and authorized the preparation of a feasibility report by the City Engineer for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road). • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, June 6, 2006. • Nicols Road, from Pin Oak Drive to Cliff Road, is designated a minor collector roadway in the City's Comprehensive Guide Plan. According to the City's Special Assessment Policy, the City's Major Street Fund pays all costs associated with the installation of sidewalk adjacent to minor collector roadways with no special assessments. • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. ISSUES: • The proposed sidewalk was initially anticipated to be constructed on the east side of Nicols Road. Letters were sent to adjacent property owners on the east side seeking their comments on this potential sidewalk location. After identifying the impacts of the proposed construction and discussions with impacted property owners, it was determined that an analysis of the impacts of constructing the sidewalk on the west side of Nicols Road should be performed. Letters were sent to adjacent property owners on the west side of Nicols Road as well as those individuals who signed the original petition seeking their comments on this revised location of the proposed sidewalk. Feedback was then received from impacted property owners on the west side of Nicols Road. The resultant recommendation is to construct a segment of the sidewalk on the east side of Nicols Road (from Pin Oak Drive to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide better crossing opportunities for pedestrians and bicyclists using the proposed sidewalk.. • On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segment, the trailpolicy evaluation indicated a medium to, high ranking. The requested segment of sidewalk is not included in the City's Transportation Trail System. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 1(? Agenda Memo May 2, 2006 Eagan City Council Meeting I. COMPREHENSIVE TRANSPORTATION PLAN ACTION TO BE CONSIDERED: Authorize -the preparation of an update of the Comprehensive Transportation Plan by SRF Consulting Group, Inc. in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Under the Metropolitan Land Planning Act, local communities must prepare and submit to the, Metropolitan Council local comprehensive plans that are consistent with the Council's regional system plans. The new or updated local comp plans will be due in 2008. • responsible for regional planning The Metropolitan Council is including aviation, highway, and transit systems as well as transit operations. The Council is the designated Metropolitan Planning Organization (MPO) for the Twin Cities metropolitan area, and is required by the federal government to provide a continuing, coordinated, comprehensive transportation planning process. • Federal law and regulation require that, every metropolitan area over 50,000 population must have a continuing, coordinated and comprehensive transportation planning process in order to receive any federal transportation funds. • The Metropolitan Land Planning Act requires that "within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan" and "shall have submitted the plan to the Metropolitan Council for review". • The City of Eagan has been developing since the late 1950s. To accommodate this growth, an extensive transportation system was constructed over the years based on various related transportation plans. The current Transportation Plan was updated in 1999 for the City of Eagan 2000 Comprehensive Guide Plan. • The total cost of the preparation of the Transportation Plan will be $54,348. The fee would be charged to the Major Street Fund. • The City received the metropolitan system statement September 12, 2005, and has until 'September 12, 2008 to update its plan, including the transportation plan element. Therefore, it would be appropriate for the Council to authorize preparation of the transportation plan element of the comprehensive plan at this time in order to meet this schedule. Agenda Memo May 2, 2006 Eagan City Council Meeting J. COMPREHENSIVE SANITARY SEWER & WATER PLANS ACTION TO BE CONSIDERED: Authorize the preparation of updates of the City's Comprehensive Sanitary Sewer Plan and Water Supply and Distribution Plan by Bonestroo, Rosene, Anderlik and Associates in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to. execute all related documents. FACTS: The Metropolitan Council is responsible for planning of the regional water supply for the seven -county metropolitan region. It is also responsible for the operation and maintenance of eight wastewater treatment plants in the Twin Cities, which treats most of the wastewater from the seven -county metro region. Under the Metropolitan Land Planning Act, local communities must prepare and submit to the Metropolitan Council local comprehensive plans that are consistent with the Council's regional system plans. The new or updated local comp plans will be due in 2008. The Metropolitan Land Planning Act requires that "within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan" and "shall have submitted the plan to the Metropolitan Council for review". • The City of Eagan has been developing since the late 1950s. To accommodate this growth, an extensive sanitary sewer and water infrastructure system was constructed over the years based on various related sanitary sewer and water system plans. The most recent Comprehensive Sanitary Sewer plan update occurred in 2000, while the current Water Supply and Distribution Plan was last updated in 1996. With 99% of our city's sanitary sewer system installed, the total cost of the preparation of this final amendment to our Sanitary Sewer Plan will be $15,000. The fee would be charged to the Trunk Sanitary Sewer Utility Fund. The update of the Water Supply and Distribution Plan will include much more detail and computer modeling analysis and accordingly will have a higher cost of $43,000. This fee would be charged to the Trunk Water Utility Fund. • We anticipate that these will be the last major updates per for these Comprehensive Plans based on the degree of development that currently exists. • The City received the metropolitan system statement September 12, 2005, and has until September 12, 2008 to update its plan, including sanitary sewer and water supply & distribution plan elements. Therefore, it would be appropriate for the Council to authorize preparation of these elements of the comprehensive plan at this time in order to meet this schedule; nD Agenda Information Memo April 18, 2006 K. PEDESTRIAN COUNTDOWN INDICATIONS ACTION TO BE CONSIDERED: Authorize the installation of Pedestrian Countdown Indicators on the traffic signal at the intersection of Trunk Highway 13 and Silver Bell Road. FACTS: • Some pedestrians do not understand the international pedestrian crossing symbols at traffic signals and therefore cannot make informed judgments about adequate time available to cross a signalized intersection. The countdown pedestrian indication (CPI) provides pedestrians with additiona1 information, specifically a descending numerical countdown of the flashing hand clearance interval, which indicates to the pedestrian the remaining time available for their safe crossing and is intended to be intuitively understood. With this additional information, the pedestrian can make better decisions about their crossing time and speed. • The Minnesota Department of Transportation (Mn/DOT) completed a study of CPI's to determine whether the new pedestrian indication was understood by pedestrians. The results of the study determined that the additional information provided by CPI's was intuitively understood and used successfully by pedestrians. • A more extensive study of CPI's was conducted in San Francisco, CA and found that CPI's were associated with a decrease in pedestrian injuries and fewer pedestrians finishing their crossing maneuver on red. • Both studies found minimal maintenance impacts from the installation of CPI's. • Mn/DOT Electrical Services Section (ESS) will furnish and install the CPI's, with a total estimated cost of $2,300. This cost will split evenly between Mn/DOT and the City of Eagan, with each agency contributing $1,150 for the CPI's. The City's portion of the cost would be paid from the Traffic Signal Maintenance fund.. �kl Agenda Information Memo May 2, 2006 Eagan City Council Meeting L. WETLANDS. EXEMPTION - UTILITY PIPELINE UPGRADE ACTION TO BE CONSIDERED: Approve the exemption of wetland activity within Public Right -of -Way for the purpose of utility pipe replacement and authorize the Water Resources Coordinator to execute all related documents. FACTS: • Xcel Energy has applied for a Certificate of No -Loss or Exemption in accordance with the Minnesota Wetland Conservation Act (WCA) to allow work on an existing 26" gas pipeline in the public right-of-way along Highway 13. • The pipeline currently supplies' natural gas to St. Paul at a pressure of 350 psi for domestic/household purposes. As part of the conversion of the currently coal fired High Bridge Generating Plant to gas fired fuel as part of the Metro Emissions Reduction Project, this existing pipeline will also supply the gas for this plant. In order to adequately provide for the power plant the pressure will be increased to 690 psi. • The purpose of the construction activity along Highway 13 is to remove and seal abandoned farm taps and replace segments of the existing pipe, as needed. The utility work within the area of the wetland delineation will actually involve directionally drilling under the wetland. • WCA rules provide that the local government unit (LGU) is responsible for wetland - related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining. approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • There will be no net loss of wetland as a result of the construction and only minimal impacts to wetlands along the pipeline route. • WCA provides an exemption for public works and utility related activities under MN Rules 8420.0122 S'ubp 6.B and E. The Xcel Energy application has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Request Letter, pages o(3 and. 04/27/2006 675+675+5360 13:22 EAGAN MAINTENANCE + CITY HALL DNSTR Xcel Energys° March 27, 2006 NO. 311 414 NicolleT Mail Minneapolis, Minnesota 55401-1993 Mr. Eric Macbeth Ms. Sue McDermot Gun Club Lake WMO Gun Club Lake WMO City of Eagan City of Mendota Heights 3501 Pilot Knob Road 1101 Victoria Curve Eagan, MN 55122 Mendota Heights, MN 55118 Subject: Application for Certificate of No Loss or Exemption Xcel Energy is proposing to upgrade 9.5 miles of an existing 26 inch gas pipeline by increasing the pressure In the line from 350 psig to 690 psig in order to supply gas to our High Bridge Generating Plant in St. Paul, Minnesota. This pipeline has been in its current location sin, ce 1952. The High Bridge Plant is being changed from coal fired to natural gas find as part of the Metropolitan Emissions Reduction Program (MERP). Consequently, Xcel Energy has a need to upgrade this gas line to provide additional fuel for this plant. The increase in pressure in the existing line necessitates removal of abandoned faun taps and replacement of some sections of the pipeline. Construction methods for the pipeline project include trench and fill and directional bore. Included are maps showing the project area and Plan and Profile sheets showing project elevations and wetland areas. (Figures 1 to 44) There are no DNR protected waters located within the project area (Figure 45). National Wetland inventory maps are included in Figures 46 to 50. Only one Wetland area is identified on the NWI maps (Figure 49). This area is a MN Department of Transportation (DOT) recharge pond which will be directional bored under. The DOT has been contacted regarding this pond and has no issues with Xcel Energy boring under it. This project should be exempt as per Exemption Standards in MN Rules 8420.0122 Subp 6 B and E. An Application for Certification. of No Loss or Exemption is included with this letter. All BMPs will be implemented and maintained during construction in and around the pipeline area. r)n K. 04/27/2006 13:22 EAGAN MAINTENANCE 4 CITY HALL DNSTR If you need a site visit to make your determination or if you have any questions, please call me at (612) 330-6743. A quick approval of this project would be greatly appreciated. Please send the Notice of Decision to me at the above address. Sincerely, Sharon Sarappo Senior Environmental Analyst Attachments 1 —Application for Certificate.of Exemption 2 — Cedar Gas Pipeline project area 3 — DNR Protected Water Inventory map 4 r- US FINNS NWI Maps 5 — Soil Survey Maps cc: Jim Bodensteiner. (w/o attach) Roger Clarke (w/o attach) Bary Simonson -- Rice St SC (w/o attach) ES Records Center — High Bddge/MERP/Cedar Gas Pipe -dWQaepOwOkR6-d- .-)L NO.311 D02 Agenda Information Memo May 2, 2006 Eagan City Council Meeting M. WETLAND DELINEATION - NATURE'S POINT ACTION TO BE CONSIDERED: Receive and Affirm the Wetland Delineation Report for Parcel Nos. 10-02000-070-75 and 066-75 and Taconite Trail Public Right -of -Way. FACTS: • Epic Development has applied for a Preliminary Planned Development (Nature's Point) for the properties addressed as 4026 Blackhawk Road, 1620 Deerwood Drive, and 1720 Taconite Trail. The developer is planning to construct 28 twinhomes upon the three parcels. • On April 18, 2006, the City Council approved the requested Comprehensive Guide Amendment required for the development of the properties for submittal to the Metropolitan Council for review and approval. • Wetland delineation reports were submitted as part of the developer's application for the Preliminary Planned Development. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • Ori November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated August 2004 was submitted by Peterson Environmental Consulting (Professional Wetland Scientist # 001118) for this site. The Water Resources Coordinator has field verified and confirmed the delineations. Neither wetland is proposed to be impacted by draining, filling.or excavation. On March 20, 2006 meeting, the Advisory Parks Commission recommended approval of the wetlands delineation report. The report has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Site Plan, pag�. • Pictometry View, page JC27—. nc�– low VI p ' -- 91 I6 7Sd9�%�� ' I It a / / LU PIAT DETAIL DEVELOPMENT DATA /FLF- \ / `> ' ! 1 (n / \ 5 ' / \ \ / /allow j LEGAL DESCRIPTION �•Mn9,pP aebYR 1bY• b b r� / \ y • `` % / /� / 1 ' A/,.' a \ I 751 6 7 cor ' O vEID r-:Adi o 1 zoo \ SW PLAT OETAI- AW4E LEFT �. Engineering wow—ems E. rest y.new•/p��r•• HATUWS FoKr WTii w/MI��� EMmMN for SEPIC .. R�YlArCYYO 9� Prefth ry P-2 Agenda Information Memo May 2, 2006, Eagan City Council Meeting N. ACTION TO BE CONSIDERED: To authorize the submission of a letter supporting the implementation of the First Phase development of the Cedar Grove West Transit Station. FACTS: The City of Eagan has established a vision for the Cedar Grove Redevelopment Area as a transit oriented and pedestrian oriented development, including plans for a full service transit station to be a part of the implementation of the development. A The City has also worked closely with MVTA, Dakota County and other cities to promote and pursue implementation of the Cedar Avenue BRT project. In particular, the City has cooperated with the MVTA in a consultant study to refine the concept for short and long term development of the transit station. The preliminary results of that project were reported to the MVTA Board at its meeting of April 26, 2006. ➢ The study conclusion is that the most feasible alternative is to develop a transit station at the west end of the Cedar Grove Redevelopment Area in excess right of way lying between Cedar Avenue and Nicola Road. In the first phase, the station would consist of 140 surface parking stalls and a. station/waiting area on Nicols Road. In the second phase, a BRT platform would be .constructed in the median between. the north and southbound lanes of Cedar Avenue, the parking would be expanded to over 200 stalls and a pedestrian bridge would be built between the parking area and the new BRT platform. Decisions regarding future funding of construction of the phases will be made by the MVTA and the Cedar Corridor Transit Group. If MnDOT approves the study conclusions and concludes that the proposed construction can be accomplished while leaving sufficient right of way for fiture Cedar Avenue needs, it is possible that the property necessary to implement the first phase transit station could be transferred from MnDOT to the appropriate recipient (MVTA, Dakota County or Met Council) in the near term and that construction of the first phase transit station could be programmed within the next year or two. While the formal process by which those decisions would be sequenced is not yet determined, staff is requesting Council consideration of authorization of the submission of comments to MVTA, Dakota County, Met Council and any other appropriate agency encouraging decision makers in those agencies to allocate funds and program improvements to have the first phase of the transit station in place at the earliest practical time, both to solidify transit opportunities for current and new Cedar Grove residents in the near term and to begin investment in improvements that will facilitate the full BRT station's construction, when it is practical and feasible. ATTACHMENTS: ➢ Transit station concept illustrations on pageso through 36 Letter of support on page_ 0.6 0 M 13 CEDAR GROVE TRANSIT STATION STUDY. PHASE 12010: 123 PARKING STALLS PHASE 2 2020: 150 PARKING STALLS PHASE 3 2030 204 PARKING STALLS SCALE: 1 1 = 50P-01 PRELIMINARY REVIEW PHASE 2 ALTERNATE B fiEETING APRIL 13, 2006 "TmEIDA SiGHM-AMMIS-PLAN NERS CEDAR AVENUE BRT TRANSIT STATION EAGAN,MN ,V May 3, 2006 Pat Geagan MAYOR Beverly Miller Peggy Carlson Minnesota Valley Transit Authority 100 E. Highway 13 Cyndee Fields, Burnsville, MN 55337 Mike Maguire Meg Tilley Dan Krom COUNCIL MEMBERS Dakota County Dept of Physical Development 1590 Highway 55 Hastings, MN 55033 Thomas Hedges Cmt AomuushwAmn Dear Beverly and Dan: In follow up to the Minnesota Valley Transit Authority Board action. of April, 26, 2006 approving the amended Scope of Work for TKDA relative to its planning study of the Cedar Grove West Transit Station, the Eagan City Council took action at its meeting of May 2, 2006 to support the implementation of the development of the first phase of the Cedar Grove Transit Station at the location identified in the TKDA study. The City understands .that substantial work remains to facilitate the transfer of the property from MNDOT to the appropriate agency, to complete detailed MUNICIPAL CENTER engineering and design and to incorporate the project into a construction schedule and the Council strongly encourages the appropriate bodies and agencies take the steps necessary to 3830 Pilot Knob Road accomplish those steps as expeditiously as possible. Eagan, MN 551 22-1 81 0 651.675.5000 phone With progress that has been made on the west location of the transit station, the City is stepping back from its earlier support for a transit station in the east part of Cedar Grove and would ask 651675 5012 fax that Dakota County and the Cedar Avenue BRT Group consider reallocating funds that are 651.454.8535 TDD earmarked in the budget for construction of an east station to the early implementation of the west station's first phase. The City very much appreciates the hard work and cooperation that its partners have applied in MAINTENANCE FAmLm this effort and look forward to our continued cooperation in bringing about the short and long-term 3501 Coachman Point transit improvements in the Cedar Grove area. Eagan, MN 55122 N If you have questions concerning the City Council action or this letter, please contact our City 65Eaga 53 phone Staff. 651.675.5360 fax 651.454.8535 TDD Sincerely, Pat Geagan www.efiyofeagen.com Mayor PG/ce cc: Peter Bell, Metropolitan Council, Mears Park Centre, 230 E 5th St, St Paul MN 55101 THE LONE OAK TREE { The symbol of strength and growth in our community. ,V Agenda Information'Memo May 2, 2006, Eagan City Council Meeting O. APPROVE COMMENTS REGARDING ROSEMOUNT COMPREHENSIVE GUIDE PLAN AMENDMENTS ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Hwy 3 and US 52. FACTS: ➢ The City of Rosemount has distributed notices of Comprehensive Guide Plan Amendments to reguide and/or extend the MUSA line for two properties located on Hwy 3 and three properties on US 52. One of the properties will is for a residential subdivision and the other two are for commercial industrial uses. Adjacent municipalities and affected agencies.may comment on such amendments. While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf The City of Eagan is recognizes that pressure for development will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development that will affect Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities,.Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the Countyaand region between County Road 42 and I494. ATTACHMENTS: Rosemount Comprehensive Plan Amendment available upon request. 30, Agenda Information Memo May 2, 2006 Eagan City Council Meeting P. ACCEPT RESIGNATION OF JENIFER MATTHEES FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Jenifer Matthees from the Advisory Planning Commission.. FACTS: ➢ 'Eagan Advisory Planning Commission member Jenifer Matthees informed staff that she will be resigning from the APC due to her upcoming move from Eagan to Winona, where she will be attending graduate school. ➢ Ms. Matthees noted the wonderful experience she has had on the APC over the past two years. ➢ A two-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. ATTACHMENTS: ➢ Enclosed on page is a letter of resignation from APC Commissioner Jenifer Matthees. 33 To: City of Eagan Council Members CC: City of Eagan Staff Advisory Planning Commission Members From: Jenifer Matthees Date: 4/27/2006 Re: Resignation from Advisory Planning Commission This memo is my formal resignation from the Eagan Advisory Planning Commission. I am in the process of selling my home and moving from the area to attend graduate school in Winona. While thii resignation saddens me and I will truly miss Eagan as my home, I am excited to see what awaits around;the comer. I hoped to continue my term until my residency status changed but in reflection it ismy hope this immediate resignation will aid in selection of a new member given the city is currently in appointment planning for commissions. Therefore, please accept this memo as my My time .on the Commission has been a wonderful experience and opportunity to be a part of a community I take pride in. I have valued the knowledge, expertise and professionalism the city staff have shown and feel honored to have been a part of the city process. I have also valued the commission member's strengths, insights and civic ethics as this diverse commission handled challenging agendas. This was truly a journey I enjoyed. I wish you all continued success in keeping and increasing Eagan's strong community involvement and exemplary community planning. Sincerely, Jenifer Matthees Agenda Information Memo May 2, 2006 Eagan City Council Meeting Q. ACCEPT RESIGNATION OF DUEY BENDT FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Duey Bendt from the Advisory Planning Commission. FACTS: ➢ Eagan Advisory Planning Commission member Duey Bendt has informed staff that he will be resigning from the APC to enjoy retirement, which includes increased time being spent with his family at their cabin in northern Minnesota. ➢ Mr. Bendt noted the wonderful experience he has had on the APC over the past five years, and thanked the City for the opportunity to serve. ➢ . A one-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. Agenda Information Memo May 2, 2006, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT BOARD UP SERVICE BILL ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up service bill and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection, through certification, of delinquent board up service bills which are not paid. ➢ At the April 4, 2006 City Council meeting, a public hearing was scheduled for the May 2, 2006 City Council meeting. ➢ A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ The City currently has one delinquent board up service bill. The assessable amount of this bill is $445.00. This item is in order for certification to the County. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ The only assessable property is 10-16901-020-01. ATTACHMENTS (0): Agenda Information Memo May 2, 2006 Eagan City Council Meeting PUBLIC HEARINGS B CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 4t' City Council meeting, a public hearing was scheduled for the May 2, 2006 City Council meeting. • The City currently has approximately 446 utility bill accounts with delinquent payments. The assessable amount of these accounts is $83,260.62. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages 1? through . �`37 27. -APR -2006 (09:03) page 1 of 17 REPORT SORTEL BY ACCOUNT NUMBER ACCOUNT -NUMB --------- --------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS --------------------------- ASSESS -AMT 1010510404 101670310008 214.18 AC 239.18 1010560902 101670305008 201.41 AC 226.41 1010690405 101670337008 163.36 AC 188.36 1010900703 101670316008 101.25 AC 126.25 1020540903 101670131007 80.84 AC 105.84 1020550801 101670130007 177.86 AC 202.86 1030330304 101670106005 181.30 AC 206.30 1030930005 101670107002 31.06 AC 56.06 1030950805 101670105002 103.85 AC 128.85 1031110803 101670116004 163.24 AC 188.24 1031250203 101670102004 194.11 AC 219.11 1040050501 101670102001 118.41 AC 143.41 ,1040250104 101670129001 170.78 AC 195.78 1040450702 101670109001 129.73 AC 154.73 1040940701 101670311003 - .80 AC 25.80 1041040503 101670301003 76.75 AC 101.75 1050070004 108460007005 217.00 AC 242.00 1050380303 108460001004 142.97 AC 167.97 1050850504 108460027002 126.61 AC 151.61 1650980002 108460018002 68.52 AC 93.52 1060110202 103230011000 117.23 AC 142.23 1060310803 102488005001 130.57 AC 155.57 1060630904 102488001005 83.16 AC 108.16 1060650.701 102488021005 216.54 AC 241.54 1070100103 108435101001 94.08 AC 119.08 1070120904 108435103001 108.28 AC 133.28 1070440103 108435126002 84.60 AC 109.60 La 27 -APR -2006 (09:03) page 2 of 17 SPORT SORTED BY ACCOUNT NUMBER :COUNT -NUMB ----------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT-------- - )70450001 108435127002 103.48 AC 128.48 370670305 108435302003 294.68 AC 319.68 D90070201 108435408001 164.92 AC 189_92 090510702 108435417003 175.02 AC 200.02 091050304 108425020001 332.59 AC 357.59 091090903 108425008004 95.49 AC 120.49 091290506 108425015003 232.83 AC 257.83 100130208 108460108007 222.32 AC 247.32 100310004 108460111002 152.88 AC 177'88' 100490008 108460113001 49.87 AC 74.87 100520408 108460111001 189.19 AC 214.19 .101060006 108460204004 60.09 AC 85.09 .110090602 108460233003 68.06 AC 93.06 .110630908 108460224002 86.10 AC 111.10 .110780205 108460212002 .73 AC 25.73 -111590401 104725129001 253.59 AC 278.59 L111740501 104725114001 199.58 AC 224.58 L111800702 104725108001 191.45 AC 216.45 L120560602 106440007004 244.31 AC 269.31 1130320308 101710001104 100.05 AC 125.05 1130840004 101710403002 67.24 AC 92.24 1140500803 108435518003 172.98 AC 197.98 1150010503 .108425116001 270.76 AC 295.76 1150620101 108425107004 218.61 AC 243.61 1150750604 108425205002 161.70 AC 186.70 1170080404 104805003501 43.35 AC 68.35 1170340205 104805001001 102.93 AC 127.93 La EPORT SORTE,. 8Y ACCOUNT NUMBER 27 -APR -2006 (09:03) page 3 of 17 .CCOUNT-NUMB ---------------=------------------------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 170590202 104805007002 67.29 AC 92.29 171390605 104805009601 108.81 AC 133.81 .171400302 104805009501 182.35 AC 207.35 .171430002 104805009201 83.03 AC 108.03 .171980402 107297506002 48.49 AC 73.49 .172000002 107297508002 178.39 AC 203.39 .172670002 107297615001 308.20 AC 333.20 173130401 107297602006 47.07 AC 72.07 .173170002 107297606006 194.68 AC 219.68 .173750902 107297902003 102.54 AC 127.54 .174360602 107297703101 106.41 AC 131.41 .174390304 107297704201 159.96 AC 184.96 .180600702 101350026003 70.25 AC 95.25 _181380502 101350006009 89.72 AC 114.72 L181690703 101350011006 81.63 AC 106.63 L190110504 101500307001 53.40 AC 78.40 L200730802 108195016001 271.01 AC 296.01 L200820707 108195007001 256.03 AC 281.03 1201370205 108195005205 144.84 AC 169.84 L201770303 108195005006 73.26 AC 98.26 1201820604 107700006001 109.11 AC 134.11 1202220804 107585202001 228.65 AC 253.65 1202608403 106272500602 829.43 AC 854.43 1210070704 101715030002 246.12 AC 271.12 1210110103 101715026002 74.71 AC 99.71 1210.120004 101715025002 62.27 AC 87.27 1210190307 101715016002 2.06 AC 27.06 27 -APR -2006 (09:03) page 4 of 17 ?ORT SORTED BY ACCOUNT NUMBER ZOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT - 10420405 101715011003 30.60 AC 55.60 11070605 101715315001 16.88 AC 41.88 11780002 101635017002 245.16 AC 270.16 11810505 108355003003 134.58 AC 159.58 12040805 108355015004 209.89 AC 234.89 12180201 108355001004 223.20 AC 248.20 13330203 105380111201 176.97 AC 201.97 13340105 105380111101 184.21 AC 209.21 13380703 105380113201 214.10 AC 239.10 :13450808 105380102102 369.53 AC 394.53 :13500006 105380104202 36.12 AC 61.12 320130703 106580006003" 185.28 AC 210.28 320350102 105621006002 153.59 AC 178.59 320500104 103059001001 115.27 AC 140.27 220520902 104430001002 268.05 AC 293.05 2221050605 105615006001 193.74 AC 218.74 221060503 105615007001 211..09 AC 236.09 221271804 105210035002 103.89 AC 128.89 221540604 105210021002 139.30 AC 164.30 221570305 105210018002 192.17 AC 217.17 222250103 105210010005 79.95 AC 104.95 222800302 105210003006 344.98 AC 369.98 223170001 107298810001 23.47 AC 48.47 223380503 107298802004 316.08 AC 341.08 223880401 102580015002 206.05 AC 231.05 224270702 102580001006 188.33 AC 213.33 224730004 107299605001 146.25 AC 171.25 EPORT SORTh- BY ACCOUNT NUMBER 27 -APR -2006 (.09:03) page 5 of 17 CCOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT - ------------------------------------------------------------------------------------------------------------.------------------- 228067303 105615105003 324.53 AC 349.53 230060405 103980102002 154.59 AC 179.59 230110706 103980103003 31.04 AC 56.04 230370701 103980101010 35.93 AC 60.93 230570203 103980013001 97.94 AC 122.94 .231020705 103980204004 156.64 AC 181.64 .231330002 103980202011 21.50 AC 46.50 .231740006 103980304009 195.67 AC 220.67 .240340803 104420002001 166.56 AC 191.56 .242950204 104507005002 298.23 AC 323.23 .243010402 104507101002 229.86 AC 254.86 .246200802 104509010002 324.58 AC 349.58 .250500406 107595003003 184.34 AC 209.34 _25150030.2 107595112001 8.48 AC 33.48 X253060602 107586541002 182.69 AC 207.69 L260120904 101660001201 157.59 AC 182.59 L260140705 101660101201 152.68 AC 177.68 L260550705 101660007002 91.48 AC 116.48 1260830306 101660204001 197.90 AC 222.90 1260880802 101660209001 143.66 AC 168.66 1260920205 101660212102 181.72 AC 206.72 1261040809 101660206202 153.86 AC 178.86 1261120806 101660202102 112.43 AC 137.43 1261200810 101740014800 90.80 AC 115.80 1261350106 101740016000 1.14 AC 26.14 1261370904 101740016400 82.30 AC 107.30 1261490503 101740018400 110.78 AC 135.78 ID 27 -APR -2006 (09:03) page 6 of 17 ?ORT SORTED BY ACCOUNT NUMBER :OUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT ------------------------------------- ---------------------------------------------------------------- 101740020000 135.04 AC 160.04 101740016800 155.17 AC 180.17 101740004002 119.76 AC 144.76. 101740008201 159.91 AC 184.91 101740008101 72.08 AC 97.08 101740227002 333.72 AC 358.72 101740204203 25.91 AC 50.91 101740206102 101.73 AC 126.73 101740204104 66.67 AC 91.67 101740202104 212.15 AC 237.15 101740303201 161.07 AC 186.07 101740404201 102.41 AC 127.41 105220003001 187.35 AC 212.35 105220002001 107.66 AC 132.66 108395208002 124.99 AC 149.99 108395204002 224.77 AC 249.77 106398011001 178.99 AC 203.99 106398004002 200.16 AC 225.16 106398004008 201.62 AC 226.62 106398001010 219.95 AC 244.95 106398104002 104.62 AC 129.62 106398103008 164.86 AC 189.86 106398301005 59.52 AC 84.52 106398301012 233.84 AC 258.84 106398404011 90.77 AC 115.77 106398401003 104.14 AC 129.14 105675001006 221.81 AC 246.81 :SPORT SORTED,.. BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 7 of 17 ,CCOUNT-NUMB ----------------------------- PID ----------------------------------------------------------------------------------------------------- AMT -OPEN ACCOUNT -STATUS ASSESS -AMT .282680601 105675001002 128.02 AC 153.02 .282700201 105675003004 68.60 AC 93.60 .282720002 105675001004 136.58 AC 161.58 .283110303 105675005002 179.74 AC 204.74 .28343.0502 101375022002 70.46 AC 95.46 .283610203 101375016003 218.80 AC 243.80 .283690403 101375021004 197.83 AC 222.83 .283830606 101375001002 220.04 AC 245.04 .283870202 101375005002 232.25 AC 257.25 _290400903 102275001002 139.17 AC 164.17 _290610302 102275020001 61.65 AC 86.65 L290950304 102275018003 151.58 AC 176.58 L291300002 102275030002 217.17 AC 242.17 L300210001 105670002003 202.99 AC 227.99 L300390002 107820002005 114.53 AC 139.53 L300440302 107820006003 251.77 AC 276.77 L300800804 107820109001 155.59 AC 180.59 1302260301 102560004004 88.49 AC 113.49 1303020002 102560103004 158.14 AC 183.14 1310060705 101480106001 92.35 AC 117.35 1310740401 106585117001 187.32 -AC 212.32 1313160202 104433010001 77.02 AC 102.02 1313910002 108375031001 112.47 AC 137.47 1314570101 104509211002 204.95 AC 229.95 1314760801 104509301001 162.31 AC 187.31 1315590801 103215138002 97.46 AC 122.46 1317990801 104509407002 336.41 AC 361.41 27 -APR -2006 (09:03) page 8 of 17 :PORT SORTED BY ACCOUNT NUMBER :COUNT -NUMB ---------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT ------------------------------- ;18320702 104503004001 173.66 AC 198.66 119200001 105769003005 340.15 AC 365.15 320840001 104725316001 110.17 AC 135.17 321150301 104725347001 220.13 AC 245.13 321990202 104509602001 109.51 AC 134.51 322000901 104509603001 406.17 AC 431.17 323770602 105380200402 147.20 AC 172.20 324320901 108396104001. 483.84 AC 508.84 326470001 108465003001 157.81 AC 182.81 326680401 104995015001 104.62 AC 129.62 550180201 100250002327 25.38 AC 50.38 550860901 102090004003 33.80 AC 58.80 551060502 103325001001 54.88 AC 79.88 551260902 100390001005 36.73 AC 61.73 310340104 101670005001 234.76 AC 259.76 310510902 101670020002 212.22 AC 237.22 .310680002 101670012003 48.30 AC 73.30 :310840003 101670001008 95.44 AC 120.44 :310930906 101670009005 105.31 AC 130.31 !311200602 101670008006 233.36 AC 258.36 ?311240204 101670030005 125.16 AC 150.16 2311390505 101670013006 204.50 AC 229.50 2320490204 101670008010 2.17 AC 27.17 2320810102 101670215004 138.14 AC 163.14 2330080902 101665004001 68.17 AC 93.17 2330090802 101665003001 116.30 AC 141.30 2330410805 101670224008 71.13 AC 96.13 2EPORT SORTS,, BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 9 of 17 kCCOUNT-NUMB --------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2330580803 101670243008 134.54 AC 159.54 2330760602 101670201007 161.22 AC 186.22 2340691102 107550001001 15.41 AC 40.41 2340840403 101330003201 87.77 AC 112.77 2341560701 106400005001 183.02 AC 208.02 2342090403 101430106001 25.76 AC 50.76 2350560502 101670411004 244.41 AC 269.41 2350740301 101670405005 96.10 AC 121.10 2350870803 101670409012 152.97 AC 177.97 2350880704 101670401012 2.56 AC 27.56 2350900303 101670403012 296.99 AC 321.99 2350990404 101670414011 70.10 AC 95.10 2351250201 101670406006 152.08 AC 177.08 2360730206 101670401008 65.43 AC 90.43 2360800304 101670507007 1.98 AC 26.98 2370140201 101670523006 40.11 AC 65.11 2380210102 101670604001 192.55 AC 217.55 2380360401 101670412010 76.37 AC 101.37 2380600303 101670623001 87.59 AC 112.59 2380880104 101670614002 110.29 AC 135.29 2381190404 101670619005 69.20 AC 94.20 2390050903 101190004001 62.97 AC 87.97 2390060802 101190005001 82.57 AC 107.57 2390680305 101670601009 339.16 AC 364.16 2390860101 101670619009 84.50 AC 109.50 2390930205 101670602008 194.30 AC 219.30 23.90960904 101670605008 177.75 AC 202.75 PORT SORTED BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 10 of 17 ::OUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT------.- -------------------------------------------------------------- 90980703 101670607008 200.56 AC. 225.56 91040905 101670613008 65.18 AC 90.18 91300705 101670614007 214.71 AC 239.71 91770103 103295102005 177.01 AC 202.01 91850108 103295103007 25.43 AC 50.43 91890702 103295102008 150.31 AC 175.31 91940003 103295104009 85.63 AC 110.63 92050704 103295206008 36.83 AC 61.83 00060604 107710005017 113.87 AC 138.87 00370909 107710003015 126.80 AC 151.80 :00480608 107710001011 23.46 AC 48.46 :00510003 107710003011 72.15 AC 97.15 :00520904 107710004011 158.29 AC 183..29 x00700704 107710003013 58.13 AC 83.13 600790808 107710002016 204.75 AC 229.75 101020904 107710002005 40.64 AC 65.64 101040704 107710003005 66.60 AC 91.60 101090203 107710002003 89.77 AC 114.77 101100908 107710001003 61.12 AC 86.12 401270003 107710004008 114.95 AC 139.95 401370805 107710006009 192.12 AC 217.12 410830004 101670703005 162.62 AC 187.62 411850701 101438705002 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BY ACCOUNT NUMBER kCCOUNT-NUMB --------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3691700312 108447202003 121.79 AC 146.79 3700370402 108361103501 441.57 AC 466.57 3700590703 108360203201 215.43 AC 240.43 3700670702 108361107501 1454.70 AC 1479.70 3700710107 108361111001 316.30 AC 341.30 3701120204 104506020002 225.05 AC 250.05 3701740701 104506008002 100.00 AC 125.00 3701890004 104506005009 184.91 AC 209.91 3710230805 107 2500 19004 62.55 AC 87.55 3710290204 107250025004 116.11 AC 141.11 3710510303 107250013001 78.19 AC 103.19 3710850303 107250021003 298.33 AC 323.33 3711540903 107250006004 127.78 AC 152.78 3711560704 107,250008004 176.25 AC 201.25 3711640702 107250011005 51.15 AC 76.15 3711690204 107250006005 328.29 AC 353.29- 3720651304 108442103001 388.06 AC 413.06 3750410703 101827517004 297.41 AC 322.41 3761100101 101499601010 172.30 AC 197.30 3770340207 104507504001 242.87 AC 267.87 3770800502 104507526001 235.59 AC 260.59 3770830203 104501523001 161.47 AC 186.47 3771980402 101970003002 173.58 AC 198.58 3780200601 104508026002 236.81 AC 261.81 3780890401 104508005001 116.13 AC 141.13 3781310204 104508101002 77.47 AC 102.47 3781610504 104507902002 138.86 AC 163.86 PORT SORTED BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 16 of 17 :!OUNT-NUMB ------------------------------------------------------------------------------------------.--------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 01070805 107587819001 601.54 AC 626.54 22520704 108373008002 77.23 AC 102.23 22610605 108373017002 58.33 AC 83.33 24740901 10184.0313003 197.90 AC 222.90 24900902 101840329003 126.74 AC 151.74 26180601 101460002001 599.89 AC 624.89 26181401 101460002001 288.95 AC 313.95 27290201 108360202101 146.31 AC 171.31 27300902 108360203101 166.83 AC 191.83 27310802 108360204001 217.56 AC 242.56 28910401 102880214001 252.79 AC 277.79 29300701 105340023001 115.70 AC 140.70 30520702 106480202001 243.05 AC 268.05 30560301 106480002001 285.24 AC 310.24 31150201 101705015001 178.56 AC 203.56 ;31510701 101847501001 82.20 AC 107.20 68042.56* <*> 140180008 101670136001 1565.79 CB 1590.79 .60210905 101775003002 46.32 CB 71.32 .71650306 107297501201 37.32 CB 62.32 _71650307 107297501201 19.59 CB 44.59 _73080104 107297901001 207.67 CB 232.67 ?31760803 103980302009 158.20 CB 183.20 .150060906 107595006001 73.05 CB .98.05 262360904. 101740010101 138.19 CB 163.19 262670106' 101740204203 74.22 CB 99.22 262700606 101740202203 76:98 CB 101.98 2EPORT SORTh_ BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 17-o . f 17 kCCOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------------------------------------------- L263030704 101740208204 62.69 CB 87.69 1302710702 10256000.8003 63.63 CB. 88.63 1313380602 104433005002 162.32 CB 187.32 2340590505 101690102001 88.26 CB 113.26 2392110906 103295204010 135.17 CB 160.17 2400480607 107710001011 104.49 CB 129.49 2411930706 101439532001 119.75 CB 144.75 2490080506 103275001002 66.07 CB 91.07 2490390801 101870005001 141.68 CB 166.68 2490480702 101870022001 189.21 CB 214.21 3690.440702 107079010002 183.81 CB 208.81 3700380305 108361102501 167.36 CB 192.36 3702000504 104506004008 92.83 CB 117.83 3702300903 104506103001 25.88 CB 50.88 3770840101 104507522001 67.58 CB 92.58 4068.06* <*> 72110.62* 83260.62* Agenda Information Memo May 2, 2006 Eagan City Council Meeting C. VARIANCE — GRANITE CITY FOOD AND BREWERY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition for a parking lot expansion. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ In 2005, the subject site underwent an extensive remodel and conversion from a Sidney's Restaurant to a Granite City Food and Brewery. ➢ The applicant has stated that the existing parking spaces do not provide enough parking due to the success of their restaurant, and is proposing to reconfigure the existing parking area in order to add 31 stalls to accommodate patrons and provide better access for emergency vehicles. ➢ The proposed parking lot expansion would require an encroachment of up to 14 feet into the required 20 -foot parking setback from the Pilot Knob right -of --way. ➢ The applicant is proposing to replace the disturbed landscaping and provide additional screening from Pilot Knob Road. 60 DAY AGENCY ACTION DEADLINE: June 10, 2006 ATTACHMENTS (1): Planning staff report on pages 5�2 through &S— ,C:7C;— PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2006 APPLICANT: Granite City Food and Brewery PROPERTY OWNER: GC Eagan LP REQUEST: Variance LOCATION: 3330 Pilot Knob Road Lot 1, Block 1, Marice Addition COMPREHENSIVE PLAN: SA, Special Area ZONING: LB, Limited Business SUMMARY OF REQUEST CASE: 10 -VA -07-04-06 HEARING DATE: May 2, 2006 APPLICATION DATE: April 11, 2006 PREPARED BY: Erik Slettedahl The applicant is requesting approval of a Variance of 14 feet from the required 20 -foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition in the SW '/a of Section 10 to expand the existing parking area. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances. do not result from actions of the applicant. Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 2 of 4 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CGDE REQUIREMENTS City Code Section 11.70, Subd. 8, requires a 20 -foot parking surface setback from all public rights-of-way. City Code Section 11.70, Subd. 5, requires at least one (1) parking space for each three (3) seats based on capacity design. BACKGROUNDMISTORY The subject site was originally constructed in 1998 as a Sidney's restaurant and was operated as such until 2005 when the property underwent an extensive remodel and conversion to a Granite City Food and Brewery. The remodel was limited mainly to interior improvements with some exterior material changes. The basic footprint and parking lot configuration did not change. EXISTING CONDITIONS The subject site currently contains a 7,700 square foot full service restaurant/bar with a capacity of 251 and a parking area of 84 spaces. The existing parking area is currently setback 20 feet from the Pilot Knob Road right-of-way. There is a distance of 60 feet from the traveled edge of Pilot Knob Road and the subject property line. A 6 -foot high berm is located between the curb edge of Pilot Knob Road and existing parking area. The property owner also has a cross parking agreement with adjacent property owners for additional parking. S1 April 2005 -site pre -conversion Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 3 of 4 EVALUATION OF REQUEST Granite City is proposing a parking lot reconfiguration and expansion that would add total of 31 new spaces to the site. The proposed plan would remove the large planting island in the parking area north of the building and realign the drive aisle in a north -south direction. In order to accommodate an appropriate drive aisle width, the parking area would need to expand 9 feet into the required 20 -foot parking setback at this location. Also, 20 additional stalls are proposed at the west side of the building parallel to Pilot Knob Road. In order to accommodate an appropriate drive aisle width and parking stall size, the construction of these stalls would require an encroachment of 14 feet inside the required 20 -foot parking setback. This area will also encroach into the 10 -foot drainage and utility easement. Although the city typically allows parking lots located within these easements, the applicant should show proof that no utilities are located in this area. The proposed parking lot plan will require removal of some existing landscape material in the north parking lot and along Pilot Knob Road. The applicant has submitted a revised landscape plan, that shows the addition of 7 new overstory trees and extensive use of various low growing shrubs and perennials within the new planting islands. Also, the plan provides adequate screening of the west 200 feet of parking area along Pilot Knob with the addition of extensive new plant material in this location, inside the property line. It appears that the relatively large distance between the subject property line and the traveled curb edge of Pilot Knob Road, and additional landscaping will minimize the visual impact of the requested encroachment. APPLICANT'S ESTIMATE OF HARDSHIP The applicant would like to. provide additional parking to meet the demand of their new business. The applicant has stated that the existing parking spaces do not provide enough parking due to the success of their restaurant, causing patrons to use the ,city street, drive aisles, and fire lanes. The applicant believes that the additional parking will help alleviate these problems and provide better access to the site and adjacent properties for emergency vehicles. The applicant has also stated that the business will remain open during the construction period and all site work will be coordinated with the City of Eagan and Dakota County, implementing proper erosion control measures. SUMMARY/CONCLUSION Granite City Food and Brewery is requesting a maximum 14 -foot encroachment into the required 20 -foot parking lot setback from Pilot Knob Road to expand their parking lot. The applicant has stated that the amount of existing parking spaces is inadequate to accommodate the demand at Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 4 of 4 the subject site for better access for their patrons and emergency vehicles. The size of the existing site is limited; however, the underutilized portion of right-of-way in this location is relatively large, minimizing the visual impact from Pilot Knob Road. ACTION TO BE CONSIDERED To approve (OR direct findings of fact for denial) a Variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2.',, Prior to commencing grading and construction activities, the applicant shall show that no utilities are being impacted within the easement encroachment area along Pilot Knob Road. If utilities are impacted, the applicant shall move utilities at their own expense, if required. 3. The applicant shall replace and improve landscaping on the subject site in accordance with the submitted landscape plan dated April 11, 2006. 4. The applicant shall be responsible for obtaining any permits necessary from Dakota County and coordinating all site work with the City and County. 57 April 11, 2006 Request for Variance Granite City Food and Brewery 3330 Pilot Knob Road St. Louis Park, MN To whom it may concern, Granite City Food and Brewery (GCFB) requests a variance for parking setback for the above listed property. There is no request to modify any zoning classification. The Comprehensive Guide Plan designation is included in the special area with mixed use. The Zoning classification is unlimited business. The existing land use is for a restaurant which is an approved use for the site. GCFB intends to complete site construction drawings in April 2006 and start minor grading and new parking lot construction as soon as possible and allowed in May 2006. GCFB will remain open during site work and will coordinate work with City of Eagan and Dakota County. All site preparation work will be completed with erosion control measures implemented. The request for variance is based on the need for additional parking to provide ample public parking for a successful restaurant business. The existing 84 parking spaces do not provide the necessary amount of parking needed for a successful restaurant like GCFB. There is a cross parking easement with other adjacent properties though this is still exceeded at this time. The revised parking plan will maximize the amount of parking spaces by adding 31 new parking spaces but requires adjustment of the parking setback along Pilot Knob Road to be 6 feet and 11 feet in lieu of 20 feet. This will provide 116 parking spaces on the GCFB property. The request for variance is required because there are site issues created by the limited parking. Patrons are parking on the side roads and along the driveway entrance, dumpster areas and fire lanes. This is a safety issue for emergency vehicle access and service for the site and adjacent properties. The revised parking lot and additional parking will help remove these issues. Existing site conditions drawing is attached per survey completed by MFRA. There is little grade modifications that needs to occur to accomplish the new parking areas as indicated in the plan drawing. The revised parking lot will require new landscaping as shown in the attached drawing. Thank you for your consideration of this variance request. Additional questions can be answered by Steve Kalkman at SJA Architects or Mark Anderson at MFRA. Sincerely, RECEIVED APR 1 12006 Steven B.P. Kalkman SJA Architects Architecture Interior Design Planning OfRces in Duluth and St. Cloud www.stanlusjDhnson.com Principals Partners Associatea 203515+ Street North St Cloud, MN 56303 Kenneth D. Johnson .'AIA Bnan D. Morse; AIA- - Carry M. Tuftf, AIA P 320.253.2100 - . . Rickard A, Stanius, AIA . Steven B.Pi Kalkman, AIA Jeffrey I. La Tour, AIA F 320.253.2269 Ronald E. Stanius, AIA Deanna Schmidt, CID Gregory Cooper, Al A Eagan Boundary Right-of-way Parcel Area Location Map 'i,,;',{: Park Area I/ Bullding Footprint l ie. ®®� t# a l ( ®®® �n Z'"'; P f V? Ch9F'EIN ��n bti.� Y �� 1000 0 1000 2000 Feet losses mommummmmmmmd Development/Developer. Granite City Food and Brewery Application: Variance Case No.: 10 -VA -07-0406 Map Prepared using ERSI AreVlew 8.7. Parcel base map data provided N I by Dakota County Office of GIS and Is current as of April 21101L City Of EaQ� (_ly W+ E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Cemmunay Development Department not responsible for errors or omissions. m x z c� O z 0 O z 0- RFrFivFn APP i i -)nna 12d) C'7 Rsrlaans I nv.epa•rtlh lnel tw tp wn...a oeim•a Mu £ng,neerblg • Plannhg • Swwg GRANITE CITY PARKING LOT EXPANSION i wn aiy uv.n..a n ro..�na mvm.ar �o-..n rra. Ileee xtn�� roMN N *dram. 7.a el th. llaa Iq Mlnnweta ,,,,,� FRAC EACAN, iii%�b•/�t G.b//'•"�— O�NW MG Mane 7!7/Ntl-f010 Nmna •MARX .wOEXSON ua a,.. seJ/•�e_eur SJA ARCHITECTS A e.�. •nl,av uawa evdv 517E PLAN RECEIVED APR 1 12006 A z 0l\ c/ �T V m T z PILOT KNOB ROAD a 1 F G1 i 1 I... F V m 1 _. v ;A: 9 ______ a F RGVUv�u wee •• `---- Eng .whg. P/auhq • Sur *9 GRANITE CITY LOT EXPANSION C a r„ ,,, , a,;; � Slanem� c..._ �•^ 14%4 ,A,.w.,.,va.,,� ��" �.,.,,.., Mw. xd/�x-sac � mi/la—mix PARKING EAGN, NN SJA ARCHITECTS Z O a/n/aINFRA a..w.a Nac aemo•.a Nac IIB Name N IMwn tiCam.n oa," aA,roe uaan.. amee� r,�y AaaeNn,� PRELIMINARY LANDSCAPE PLAN ,� F4Fearn RGVUv�u wee •• `---- IA A 3d7 n n a n pa'Q SIDEWALK Frx`Z�!\ .. yam. 4V yy���QG I £nglneenng• P/Wl &g •Su—*9 JIlo07lM A•awa AMf. IIO 'FRA p M. ANm.rofa JlI.7 wc�tn.►E��m error A>mxw,b«, PARKING LOT EXPANSION FAUN. MN SJA ARCHITECTS RE I DSCAPE DETAILS ow MAI/.e K0C j y 9 O N a xRe`AW . , , ;v�ma r�I;=Ty p ,;w,o ter; IA. M.N��IM Name xa+ � MI.`71R1i° N a.ntroe u......zceez owm« EV I £nglneenng• P/Wl &g •Su—*9 JIlo07lM A•awa AMf. IIO 'FRA p M. ANm.rofa JlI.7 wc�tn.►E��m error A>mxw,b«, PARKING LOT EXPANSION FAUN. MN SJA ARCHITECTS RE I DSCAPE DETAILS ow MAI/.e K0C An.m xec Agenda Memo May 2, 2006 Regular City Council Meeting VI. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments ACTION TO BE CONSIDERED: Appoint members to the City Council's Advisory Commission, with terms beginning in May 2006 Appoint members to the Gun Club Watershed Management Organization, with terms beginning in May 2006 FACTS: • Per the Council's direction, Advisory Commissions appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year-round, with an emphasis in recruitment from January — March. • There were 29 applicants this year. Of those 29 applicants, 25 were able to attend their scheduled interview with the City Council on April 24 and April 25. • The City Council will be asked to vote via ballots to fill the vacancies for the various lengths of Commission terms — 3 years, 2 years, 1 year and 1 year alternate terms. • Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. • The new Commissioners appointed tonight will be invited to participate in a new commission member orientation on Tuesday, May 9 at 6:00 p.m. Orientation packets will also be provided to new Commissioners. The orientation is an opportunity for the Commissioners to learn about the role of the advisory commissioners, and it is also a chance for the new members to meet with their commission's staff liaison for more detailed information about the workings of their specific commission. • Included on the consent agenda was the resignation of two APC members. Therefore, two additional vacancies are now available on the APC which will be noted on your ballots. • There are 4 openings for the Gun Club Lake Watershed Management Organization. It has been past practice that applicants for the WMO have not been interviewed but appointments are made at the same time as the advisory commissions. There are 5 applicants requesting appointment to the WMO. • The City Council has copies of all the applications, including the WMO, which were included in the binder that was distributed prior to the applicant's interviews. • Rather than duplicating all of the applications, the Council is asked to bring their binders to the May 2 City Council meeting ATTACHMENTS: • Enclosed on page is a summary of the number of openings that exist on each advisory commission. • Enclosed on page D __ is a REVISED summary of applicants' commission preferences based on the preferences voiced during the interviews. CO ADVISORY COMMISSION MEMBERS ADVISORY PLANNING COMMISSION Name Original Appointment Term Expires Years of Service Dana Keeley (alternate) Aril 2005 Aril 2006 1 Peter Duan 2 year term) Aril 2004 Aril 2006 2 Carla Heyl January 2003 Aril 2006 _ 3 Gary Hansen Duey Bendt January 2003 January 2001 A ri12006 Aril 2007 SIGNED) 3 5 Jenifer Matthees Aril 2004 Aril 2008 SIGNED) 2 Ted Gladhill Alternate, 2002- Jan. 2003) January 2002 April 2007 4 Steven Chavez Aril 2004 A ri12007 2 Current Vacancies = 6 ADVISORY PARKS AND RECREATION COMMISSION Zi f (alternate) Aril 2005 Aril 2006 1 -Ryan Davis January.1997 Aril 2006 9 -Terry Peterson January 2000 Aril 2006 5 -Dorothy Phil Belfiori alternate 2002-2003) January 2002 April 2006 4 Mark Fili i May 1997 Aril 2007 8 Danner January 2001 Aril 2007 5 -Margo Muhammad Lodhi Aril 2004 Aril 2007 2 Duane Hanson April 2004 Aril 2008 2 Bari January 1999 Aril 2008 6 -Joseph Richard Pletcher January 2001 Aril 2008 5 Current Vacancies = 4 a Name I Original Appointment Term Expires Years of Service AIRPORT RELATIONS COMMISSION Curtis Aljets (1 year term) April 2005 April. 2006 1 Jack Prentice (alternate) Aril 2005 April 2006 1 Nathan Krahn January 2003 Aril 2006 3 Stephen Nierengarten Valerie Dosland January 2003 Aril 2004 Aril 2006 Aril 2007 SIGNED) 3 2 Dean Haehnel Aril 2004 Aril 2007 2 Daniel Flanagan Aril 2004 April 2007 2 Charles Thorkildson January 1999 Aril 2008 6 Tammy Mencel August 2004 April 2008 2 Jason Bonnett Aril 2004 Aril 2008 2 Current Vacancies = 5 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Robert Peterson (alternate) Aril, 2005 Aril 2006 1 Joseph Conlon Bill Raker January 2003 January 2000 Aril 2006 Aril 2006 3 6 Jody Mikasen Aril 2005 Aril 2008 1 Michael Owens Aril 2004 Aril 2008 2 Current Vacancies = 3 2006 ADVISORY COMMISSION APPLICANTS' PREFERENCES *Incumbent on a City Advisory Commission (including former EDC members) "'70 APC APrC ARC BETC WMO Ross Bintner 1 2 Josh Williams 1 2 Jerome Segal 1 Nadim Zoberi* 1 Maggie Jensen* 1 2 3 Jim Taylor 1 2 Peter Dugan* 1 Gary Hansen* 1 Dana Keeley* 1 Dan Bailey 1 2 Neil Charpentier 1 2 Thomas Heaney 1 2 Bret Walsh 1 2 3 Terry Davis not eli ible or APrC * 1 Steve Beseke 2 1 3 Phil Belfiari* 2 1 Ran Zi f* 1 Dorothy Peterson* 1 John Ward 1 Kimberly Palm uist 1 Laurie Halverson 2 1 Curtis Aljets* 1 Jack Prentice* 1 Kimberly Feller* 2 1 Justin Coun an 3 2 4 1 Bill Raker* 1 Pramod Mathur 1 Joseph Conlon* 1 Wayne Sames* 1 Richard Starr 1 Gerald Engelke 1 Jason Akey 1 Jeff Sluiter 1 *Incumbent on a City Advisory Commission (including former EDC members) "'70 Agenda Information Memo May 2, 2006, Eagan City Council Meeting A. PROJECT 934, CLIFF ROADBLACKHAWK ROAD/GALAXIE AVENUE INTERSECTION IMPROVEMENTS . ACTION TO BE CONSIDERED: Receive feasibility report and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval and the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary. FACTS: • The reconfiguration of the intersection of Cliff Road (County State Aid Highway 32) and Blackhawk Road/Galaxie Avenue with associated- traffic signal improvements has been programmed for 2006 in the City's and Dakota County's 5 -Year Capital Improvement Programs. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the proposed improvements to this intersection. • The intersection currently includes a left -turn lane and a shared through/right-turn lane for Blackhawk Road and Galaxie Avenue. The traffic signal has permissive left turns (No arrows) for Blackhawk Road/Galaxie Avenue. The intersection operates at an overall acceptable level of service during peak hour conditions. However, Galaxie Avenue experiences heavy delays during the morning peak hour. In addition, both Blackhawk Road and Galaxie Avenue operate poorly during the evening peak. The poor operations are due to the high number of left -turns from Blackhawk Road/Galaxie Avenue onto Cliff Road. • A review of the crash data for 2005 indicates 12 reported crashes at the intersection. This intersection crash rate is 0.90 crashes per million vehicle miles and has a severity rate of 2.75 crashes per million vehicle miles. The MnDOT average crash and severity rate for similar high volume/high speed intersections in the Metro area is 0.80 and 1.60, respectively. • This proposed improvement will widen the intersection to provide an additional lane on Galaxie Ave and. Blackhawk Rd creating separate left turn, straight through and right turn lanes. Temporary construction easements will be necessary from some adjacent property owners. Since the proposed intersection reconfiguration benefits the traveling community as a whole as an operational and safety improvement, no assessments are proposed. Subsequently, no formal public hearings are required. In March 2006, advanced notices of this pending capital improvement were sent to all affected property owners. • An agreement between the City of Eagan. and the Dakota County Transportation Department is being prepared providing for the cost, maintenance, and operation of the proposed improvements. TheCity's financial share of these improvements is estimated to be about $289,300. ''he County will be sharing 50% of the construction, `�l engineering, and inspection costs for the signal modifications and median and pedestrian ramp improvements. The Estimated Total Construction Cost is $401,600. ATTACHMENTS: • Feasibility Report, without page numbers. %0� Agenda Information Memo May 2, 2006 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENTS — HAR MAR, INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the conditions listed in the draft' APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a change to tenant signage on the north side of the inline retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The subject 5.8 acre Lot 1, Block 1, Thomas Lake Center, is fully developed with a 43,000 SF in-line retail building. The retail center was constructed in 1987. ➢ The applicant is proposing to replace the out -dated pylon sign and is proposing improvements to the side north of the building will both add aesthetic value to the site and area. In addition, the applicant is requesting approval of outdoorstorage for up to ten passenger vehicles or light duty trucks in parking stalls located on the north side of the building. ➢ The APC discussed the value of the reinvestment the applicant is proposing for the property and the way in which it can update the center and integrate it better with Lifetime Fitness to the north. The Commission noted that certain aspects of the application lacked the level of detail to permit it to clearly define what would be permitted under the PD amendment being requested and, in the action, asked the developer to address those issues in advance of the City Council meeting. ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and the commission is recommending approval of the modification of the pylon sign and outdoor storage/parking, subject to conditions. The Commission recommended denial of the fagade and signing modifications for the reasons noted in the Issues section below and detailed in the Commission minutes. ISSUES: ➢ The APC added conditions to specify the outdoor storage and requested that the applicant provide additional "detail regarding site/building improvements on the north side of the site before the, City Council meeting. Revised plans were received on Thursday, April 27, 2006. ➢ While the APC recommended approving the PD amendment for the pylon sign, it was with the condition that the sign would not exceed its current height and area. The applicant indicated that the height would remain the same, but he has been asked to confirm the extent to which the proposed sign can conform to the area requirement or whether he is asking for the new sign to exceed the current sign area. ➢ In recommending denial of the fagade improvements on the north side of the building and the north side signage modifications, the APC indicated that the intent of the north side upgrades is positive, if sufficient detail can be provided showing a site plan and building elevation with material specifications, to permit the City to confirm the exact nature of the improvements being requested. ➢ The developer has indicated that the pylon sign, outdoor storage and north side fagade modifications are the priorities and that the north side signage issue can be addressed in the future. Because of the agency deadline, the applicant will either need to withdraw that part of the PD amendment application or consent to an extension of the 60 day deadline. Otherwise, the Council will need to take action to approve or deny that aspect of the application. ➢ Staff has discussed with the developer the need to show in the detailed site plan, how the outdoor storage/parking would be screened from the north by landscaping or other means. 60 DAY AGENCY ACTION DEADLINE: May 15, 2006 ATTACHMENTS: (4) Draft APC Minutes, pages � through Staff report, pages W, tii;`ugh Revised plans on pag through Aerial photo on page C. Thomas Lake Center Applicant Name:Har-Mar, Inc. Location:1565 Cliff Road; Lot 1, Block 1, Thomas Lake Center Application: Planned Development Amendment A Planned Development Amendment to allow outside storage of daycare vans; to amend the shopping center pylon sign; to make changes to rear elevation of the shopping center. File Number: 28 -PA -05-03-06 Community Development Director Jon Hohenstein introduced this item and highlighted the information presented in the City Staff report dated April 14, 2006. He noted the background and history. Applicant Bryan Slawik, Har -Mar, Inc. stated the. improvements4�Qu p.to tenant requests for updates to the center. He described the difficulties they haveffi%d wdffhilb bankruptcy of Snyder's. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl clos back to the Commission. and turned We discussion Mr. Slawik stated the two passengervanr-Aie daycare is thbWessing need of outdoor storage. He welcomed a condition speci pe of vehicl a stored outside. He stated the request is vague because they dr -g a0i�!minary st d of determining their needs. He discussed the needed aesthetic rqprov4NWM1athe',Vilding including paint and landscaping. He stated the nwd for a sign th9LchaWges W day is to assist the smaller tenants with advertisemer�" Member Gladhill sugg d a furth„- condition orirking. He suggested an additional signage condition that links it to N 4rad�provements. H stated concern with the changing message boards becomindVWyx FTe stated disagreement with the approval of . the message: Memb Matthees statei peemeWBUbAhe desired improvements; however more detail is neede :: a other reque , Member Be6dittated opposit a to signage on the north elevation. Chair Heyl stated OW pleRed to see the property being updated, but the proposal is lacking and not well enough M d. She asked the applicant to continue the item to gather more information. Mr. Slawik asked that the Advisory Planning Commission approve the north elevation improvements without the signage until the item is returned to the Advisory Planning Commission with the desired amendments. He stated the outdoor storage needs to. be addressed as soon as possible. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW'%4 of Section 28 subject.to the following conditions as amended: "7S 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall provide information specifying the exact number, type and tenant -owner of all vehicles to be stored outdoors overnight. 3. No more than 10 parking spaces shall be designated outdoor storage and storage is limited to cars, passenger vans, and light trucks. All voted in favor. Motion carried 7-0. Member Bendt moved, Member Heyl seconded a motion to recommend approval of a Planned Development Amendment to allow replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW % of Section 28 subject to the following conditions as amended: 1. The developer shall execute and record the Planned Devel2pMlAmendment Agreement at Dakota County within 60 days of the City Council apprayral. 2. The developer shall obtain a Sign Permit prior to remo_rafftplacem' the pylon sign. 3. The LED copy or message shall change no more tha_io times in ani hours period, this does not pertain to time/temperature."" 4. The new pylon sign shall be the same height , ize as ttLe existing pylon Viand the base shall be constructed of materials to ma hoppi _ . enter building. Member Dugan stated by approving this motion, the Ad� ""- Tanning Commission would be making a mistake, allowing too many reqger boards. A vote was taken. Aye: Chair Heyl, and Members Bendt, Hann, -a"Waffiiithees. Nay: Members Dugan, Gladhill, and Keeley. == Motion carried 4-3. - Chair Heyl and Member -B95.dt noffieLthat they voteW-i"n favor of the proposal because the City Council approved..a similar r= of-5��ifys Community Center, and had they not voted in fay.- .lposal at reasoT—";-Ws motion would have failed. Mem1 Fendt moved, leer He §-„gcided a motion to recommend approval of a Planned Dev logit Amendments low chirrges to the appearance and accessibility on the north side of the-559—me retail bui0�..locat6d at 1565 Cliff Road in the SW '/ of Section 28, subject to the following itions as arnded: 1. The developer -al exute and record the Planned Development Amendment Agreement at Dakota Count ; 60 days of the City Council approval. 2. Structural modifice;�'ns to the in-line center will require a building permit. 3. The applicant shaTl provide a detailed site plan for the proposed improvements showing building fagade, relief, building materials, and landscaping items. All voted against. Motion failed 0-7. Member Matthees moved, Member Keeley seconded a motion to recommend denial of a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW '/ of Section 28. Member Matthees stated the reason for denial was lack of detailed plans for the proposed improvements. `774 All voted in favor. Motion carried 7-0. Member Bendt moved, Member Matthees seconded a motion to recommend denial of a Planned Development Amendment to allow change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road in the SW % of Section 28 for the following reasons: 1. The Planned Development Amendment is not better than what currently on the property because the proposal is lacking detail. 2. Signage would be part of a coordinated effort to change the north side of the building to make it more like the south side since it faces a parking lot. 3. A detailed plan for the signage is needed. All voted in favor. Motion carried 7-0. __77 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2006 APPLICANT: Har -Mar, Inc/Slawik Prop. PROPERTY OWNER: Same CASE: 28 -PA -05-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 REQUEST: Planned Development Amendments PREPARED BY: Michael J. Ridley, AICP LOCATION: 1565 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST, The applicant is requesting approval of Planned Development Amendments to allow overnight parking (outdoor storage), replacement of the pylon sign, changes to the appearance & accessibility on the north side of the center and a change to tenant signage on the north side of the in-line retail building located on Lot 1, Block 1, Thomas Lake Center at 1565 Cliff Road in the SW '/4 of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The in-line, retail center was constructed in 1987. The six lot Thomas Lake Center subdivision also includes parcels that developed subsequent to the neighborhood center. These other lots presently host the following land uses: Lifetime Fitness overflow parking, a quick -lube, convenience gas, automobile service and a Class I restaurant. Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 2 The subject 5.8 acre Lot 1, Block 1, Thomas Lake Center, is fully developed with a 43,000 SF in- line retail building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST The proposed upgrades represent further investment by Har -Mar, Inc. in Eagan and the 20 year old Thomas Lake Center. Each facet of the request is evaluated below: Outdoor Storage The issue of outdoor storage arose in relation to an existing daycare operation at the center that has two vans that are used to tote the daycare kids to various activities. The vans remain on-site during non -business hours. By ordinance, anything stored outside overnight is considered outdoor storage and, as such, requires a CUP — or in this case, a PD Amendment. The applicant has submitted a Site Plan that highlights 22 of the 34 parking stalls on the north side of the building as overnight parking. The applicant states "At this time, only the daycare has requested to park one or two vehicles in this area overnight. This is not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. Approval to park overnight is given only on a tenant -by -tenant basis and only by Slawik Properties" This approval scenario is contrary to the typical Advisory Planning Commission (APC) and City Council review/requirement of specifying not only the location but also the type and number of items to be stored. Pylon Sign The.applicant is proposing to replace the existing, outdated, pylon sign. The proposed 27' tall replacement pylon sign will have a programmable, double -sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display `7q Existing Use Zoning Land Use Designation North Lifetime Fitness PD RC South Residential PD' LD East Residential R-1 LD West Residential PD LD EVALUATION OF REQUEST The proposed upgrades represent further investment by Har -Mar, Inc. in Eagan and the 20 year old Thomas Lake Center. Each facet of the request is evaluated below: Outdoor Storage The issue of outdoor storage arose in relation to an existing daycare operation at the center that has two vans that are used to tote the daycare kids to various activities. The vans remain on-site during non -business hours. By ordinance, anything stored outside overnight is considered outdoor storage and, as such, requires a CUP — or in this case, a PD Amendment. The applicant has submitted a Site Plan that highlights 22 of the 34 parking stalls on the north side of the building as overnight parking. The applicant states "At this time, only the daycare has requested to park one or two vehicles in this area overnight. This is not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. Approval to park overnight is given only on a tenant -by -tenant basis and only by Slawik Properties" This approval scenario is contrary to the typical Advisory Planning Commission (APC) and City Council review/requirement of specifying not only the location but also the type and number of items to be stored. Pylon Sign The.applicant is proposing to replace the existing, outdated, pylon sign. The proposed 27' tall replacement pylon sign will have a programmable, double -sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display `7q Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 3 that will display time/temperature and a message area that could be programmed to change the message twice a day. The Sign Ordinance states "No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature." However, the proposed limited message changing can be accommodated via the PD Amendment. City Policy makers shall determine the appropriateness of this Sign Ordinance deviation. Appearance & Accessibility Improvements The applicant is proposing to improve the appearance of the center from Thomas Lake Drive by adding landscaping and planters to lessen the "one-sided center" appearance. The owner is also reviewing the possibility of adding accessible storefronts to the north side or an enclosed access from the north side to the south (front) side of the building. It appears the proposed improvements will enhance the appearance of the center from Thomas Lake Drive and, subsequently, Lifetime Fitness. Modification of Tenant Building Signage According to the applicant, some tenants have expressed a desire to change the present type of signage on the north side of the building facing Lifetime Fitness. Presently, the signage on the building is compliant with the Sign Ordinance requirement for a consistent style and type of signage. The front or south side tenant signage contains all back -lit, channel letters and tenant signage on the north side of the building is all non -lit, "cut out" lettering. South Elevation North Elevation R-720 Planning Report— Thomas Lake Center PD Amendment April 25, 2006 Page 4 Staff has reservations with only a partial or piecemeal change -out of signage on the north side. If the sign changeover on the north side is not complete and uniform, the end result will appear inconsistent and haphazard. City Policy makers shall determine the appropriateness of this Sign Ordinance deviation. SUMMARY/CONCLUSION The applicant's proposed improvements to the property represent a desired reinvestment in the property and Eagan. Specifically, replacing the out -dated pylon sign and the proposed improvements to the site north of the building will add aesthetic value to the site and area. The lack of definition regarding the outdoor storage is inconsistent with previously approved outdoor storage requests and the partial change -out of tenant signage on the north side of the building present an unknown moving forward. The APC and City Council will need to determine the suitability of these components of the proposed amendments. The conditions of approval listed below require specificity of the outdoor storage and that any change to tenant signage on'the north side of the building will be uniform and complete. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW i/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2, The developer shall provide information specifying the exact number, type and tenant - owner of all vehicles to be stored outdoors overnight. To recommend approval of a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565.Cliff Road in the SW '/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. The developer shall obtain a Sign Permit prior to removal/replacement of the pylon sign. 3. The LED copy or message shall change no more than two times in any 24 hour period, this does not pertain to time/temperature. 51 Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 5 To recommend approval of a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW/40f Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. Structural modifications to the in-line center will require a building permit. To recommend approval of a Planned Development Amendment to allow a change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road in the SW '/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. The developer shall obtain an individual Sign Permit prior to removal/replacement of any tenant signage on the north side of the in-line center. 3. The developer shall define the type/style of tenant signage proposed for the north side of the in-line retail building. 4. Tenant signage change -out on the north side of the in line center shall be uniform and comprehensive. I I r I — 1-4 IU777M, w I V I I 1 1 1 W I li I113 N I' ' I .'9� g I � NORTH 'I •!!r o • � �gll :• I OR I I I � III) •-: I 11� I t • t THOMAS LAKE I ` pI t ' b LF 11 i 11 i -- ROAD t - C •' F;:i%R� FP 'P .�' e P P ♦ PMY - iC c to a E �•e . n ti IL IL tv s4 �R�E a �� �?$��� to :�'�a$Ss•���; �aa�c aga s �� �� .�� . s>i 11 I 1p ideWwr,;i 7v ' si ACEPELI'lucl V, �HARVWARE THOMAS LAKE CLEANERS 7 I X' PARTIAL NORTH ELEVATION (WEST HALF) ELEVATION RECEIVED MAR 15 Me IT lis__ �aOn n"-Mum." F Application for Planned Development Amendment Thomas Lake Center Eagan, Minnesota March 15, 2006 Slawik Properties 1880 Livingston Avenue, #100 West St. Paul, MN 55118 Brien Slawik, President 651-645-8111 NARRATIVE DESCRIBING THE REQUEST OR PROPOSAL Item #1: Overnight Parkin What do you want to do; Phasing / Timing? Slawik Properties wants the flexibility to allow tenants, on a pre -approved basis, the ability to park business vehicles, overnight, in a designated area on the site. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 660'. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this amendment, and allowing a small number of vehicles to remain overnight in designated, existing, parking areas should little to no impact. What impact does planned development have on city services, etc. The overnight parking of vehicles in existing parking areas should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? Since the use of the land is not changing, the use of a limited number of parking spaces for overnight use will result in a better use of the, otherwise empty spaces. NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The proposed amendment will provide the Owner the flexibility to allow business .tenants, by provision in their leases, to park their business vehicle (s) overnight in a designated area on the site. Public benefits could include, but not necessarily be limited to: Control and monitoring of any approved, overnight parking on the site; Designation and monitoring of areas approved for overnight parking; Provisions for any additional screening or landscaping. that might be necessary Public safety registration of vehicles, approved for overnight parking 8 RECEIVED MAR 15 Co Item #2: Realacement of the Pylon Sign What do you want to do; Phasing / Timing? Slawik Properties wishes to replace the existing, outdated pylon sign, with a new pylon sign that will have a programmable, double sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display that will display time and temperature along with a message area that could programmed to change the message twice a day. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 660'. Retail businesses, Sports & Health Club What Impact does planned development have.on surrounding properties? No development is planned by this amendment What impact does planned .development have on city services, etc. The replacement of the existing pylon sign should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT Replacement of the existing, outdated, pylon sign will increase visibility and identification for motorists passing on Cliff Road. With the addition of a reader board, current information on, activities and special promotions within Thomas Lake Center will be easily accessible to the public. V El MAP. 1 52V Item #3• Appearance & Accessibility Improvements to the North Side of the Center What do you want to do; Phasing / Timing? Slawik Properties wishes to improve the appearance of the north side of Thomas Lake Center that faces Life Time Fitness, and to make it more inviting and accessible to Life Time Fitness patrons already parked directly across the street. A combination of landscaping, planters, signage and. possibly the creation of accessible storefronts to the north for some of the appropriate businesses will lessen the "one sided center" that currently fronts toward Cliff Road. This work will be accomplished without affecting the present land use, parking, utilities or city services, but will enhance the north facing fagade and change it from a "service / delivery" side to a secondary entrance that encourages people to walk across Thomas Center Drive rather than having to use their cars. Slawik Properties intends to begin work on this project as soon as approvals are granted and the weather is warm. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 6601. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this amendment, however this project will change and improve the north side image and accessibility of Thomas Lake Center What impact does planned development have on city services, etc. The image update to the north side of the center should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The public benefit from this proposed project not only relates to improvement of the north side image of Thomas Lake Center to people traveling on Thomas Lake Drive, but to the daily patrons of the adjacent Life Time Fitness Center across the street. The. proposed project will create a pleasant, accessible, environment .to some of the shops in the center for patrons of Life Time Fitness, without having to use their cars to drive around to the Cliff Road entrances. RUENED MAR 16 W Item #4 Change of Tenant Signage on North Side of Building What do you want to do; Phasing / Timing? Some tenants of Thomas Lake Center have expressed a desire to change their presently compliant "cut out lettering " type signage on the north side of Thomas Lake Center that faces Life Time Fitness, to back lit signage that matches their signage on the south side of the center. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 6601. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this portion of the amendment What impact does planned development have on city services, etc. The signage type change to the north side of the center should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The public benef t to allowing the tenants the ability to change their signage on the north side of the center will be to increase visibility and identification of goods and service providers within the present center. RECEIVED MAR 15 200f: � ql Anderson Dale Architects, Inc. 1880 Livingston Ave., Suite 200 West St. Paul, Minnesota 55118 Phone 651-642-9000 Fax 651-642-1410 www.andersondale.com April 11, 2006 Mr. Mike Ridley, City Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mike, RECEIVED APR 1 12006 In response to your application review comments regarding Slawik Properties Planning Amendment Application, we have prepared the following: Site Plan: Existing parking lot standards were highlighted, responding to one of the line items on the- application form and play no part in our application, other than to identify the security lighting locations on the north side of the building in the area of proposed overnight parking. Overnight Parking: We have highlighted the 22 spaces on the north side of the building as, the proposed area for any pre -approved tenant overnight parking. At this time, only the daycare center has requested to park 1 or 2 vehicles in this area overnight. This not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. In the application, we indicated that this approval to park overnight is given only on a. tenant -by -tenant basis and only by Slawik Properties. Architecture Planning Interior Design cfc� Ifl Pylon Sign: We are aware of the signage ordinance regarding display signs and intend that the sign text will change a maximum of twice per day, with the exception of the time and temperature. North Appearance / Accessibility: Proposed changes to the north side of the building will not encroach on the required 24' drive aisle. At this time, no tenants have requested public access to the north side of their spaces. North Tenant Signage: We understand the City Code relating to uniformity in signage. As this plan develops, uniformity in signage will be part of the design and tenant emphasis. Mike, we appreciate your consideration and comments on the proposed changes for Thomas Lake Center. Please contact Brien or me with additional questions or comments. ❑ I w l 1 i 1 • 1 1 ID11S191G MTTARD PLM' I THOMAS IASE CENTER �n Irs NORTH SIDE—�N 2 72006 or ',' ------------------/ SITE PLAN - NORTH SIDE 0 THOMAS LAKE CENTER Ulf CITY OF EAGAN =:tm� Agenda Information Memo May 2, 2006 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENTS – MILLERVILLE, INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a third stall garage addition to the attached garage on currently platted Lot 16, Block 1, Lexington Ridge located at 1149 Diffley Road in the NE 1/a of Section 27 subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The sixteen unit, seventeen lot Lexington Ridge was approved in 2004. Each unit was approved with a two -car garage. ➢ The proposed garage addition will meet structure setbacks and no additional trees will be removed to accommodate the addition. The proposed addition will require a replat of the subject lot (Lot 16) and the common area (Lot 17). The applicant has applied for the replat. ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and the commission is recommending denial. ISSUES: ➢ The APC had concerns about the size of the garage addition, stating that the 19.7' x 21' size would add two additional stalls, not one as the applicant indicated. Also, the addition would result in to high of a percentage of accessory structure size relative to the dwelling unit size. ➢ The APC also indicated that this development was marginal to begin with, thus the need for the Planned Development, and adding additional square footage is not appropriate. ➢ The proposed garage addition does not add balance to the development or the area. ➢ The applicant indicated that this unit has been difficult to market, and the added garage. area will make it more attractive to buyers. 60 DAY AGENCY ACTION DEADLINE: May 15, 2006 ATTACHMENTS: (4) Draft APC Minutes, pages through id). Staff report, pages_ through [D. E-mail from applicant on page — Aerial photograph on .page UCL. q7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 25, 2006 . A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 25, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Dugan, Bendt, Keeley, Matthees, and Gladhill. Also present were, Planner Pam Dudziak, Assistant City Engineer John Gorder, Community Development Director Jon Hohenstein, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Bendt moved, Member Matthees seconded a motion to ad"pt the Agenda. All voted in favor. Motion carried 7-0. March 28, 2006, ADVISORY PLANNING COMMISSION MEETI'1 "INUTES Member Hansen stated guide is spelled in Member Dugan moved, Member Hansen seconded a Advisory Planning Commission Meeting minutes as a All voted in favor. III. VISITORS TO BE HEARD (10 MINUTE IV. PUBLIC HEARINGS New Business A. Lexington Ri Loca0h:1149 Dd C. app"Fove the Marc -h 28, 2006, rt; Lot 16, Block 1, Lexington Ridge ;ent to construct a garage addition which includes an constructed private street. Planner Dudziak intr6i d this item and highlighted the information presented in the City Staff report dated April 4, 2M. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Hey[ asked if there is a possibility for another three car garage request. Community Development Director Jon Hohenstein responded another request for a three car garage would be unlikely due to the setbacks between the other units and the topography by the end units, however nothing prevents the developer from asking for future PD amendments. Paul Danielson, Engineer, stated this is the only lot that would accommodate a three car garage due to the layout of the property. He discussed aspects of this unit that have made it difficult to market and stated the tree line will remain the same. Member Gladhill stated the proposal is comparable to two additional garage stalls, with dimensions of 19.7'x 21'. Chair Heyl stated the total garage square footage seems high. She stated the development was crowded as originally presented and an 800 square foot garage on a 2,000 square foot townhome is excessive. Member Dugan stated concern that over 1/3 of the home is going to b"arage space. Member Hansen stated he agrees that the area is crowded. Member Bendt stated asking for a third garage stall is misleafg bed !&@ it is actually asking for a third and fourth garage stall. Member Bendt moved, Member Matthees secondees motion to recommend"laroval of a Planned Development Amendment to allow 1'9.AV thirdVall addition to tW �°ched garage for currently platted Lot 16, Block 1, Lexingtoi=4-Me sq *„fit to the followit conditions: 1. The Planned Development Amendment Agreement shObe recorded with Dakota County. 2. The addition shall only apply to curra;t° Iii platted Lot 16, M&L1, Lexington Ridge, and be limited to 19.7'X 21' with similar and .,�ale exterior bu ° J ma#erials. 3. The developer shall provide proof, in a!§7—;M3 Ztable to thd'tgi attorney, that the Association can and will convey a portio :of th : non areafiFlot 16 and the property associated with the conveyance shall be. r✓�pl d f"–IFmwa iodate the addition. 4. No additional building_B3 motions shall b'drbwed. Member Gladhill stat d the devekffgp ent was tooarowded when it was originally applied for. He stated the amendmbnfffftes the iffivelopment ap f more balanced, however he prefers that it remain the way it was o all anted. He sfed he will vote against the proposal. Chair Heyl„�a'ted-s" "ote�ist the proposal and stated concern that it is a total of four garagesOls instead o. e. Shd-"Es'Wed the ratio of garage to townhome is too great and is not bala6dWJor the area. A vote was--AMan. Aye: Members::ndt and Maees. Nay: Chair Hey i;Memb Gladhill, Keeley, Dugan, and Hansen. Motion failed 2-5 Member Gladhill moved, Member Hansen seconded a motion to recommend denial of a Planned Development Amendment to allow 19.7' X 21' third stall addition to the attached garage for currently platted Lot 16, Block 1, Lexington Ridge due to the following reasons: 1,. The proposal will result in four garage stalls instead of three total stalls as noted in the application. 2. The percentage of the footprint that would be taken up by the accessory portion of the structure is too great for the townhome. 3. The property was marginal in terms of density of development to begin with, thus the need for the Planned Development, adding additional square footage is not appropriate. 4. The proposal does not add balance to the development or the area. A vote was taken. Aye: Chair Heyl, and Members Gladhill, Keeiey, Dugan, and Hansen. Nay: Members Bendt and Matthees. Motion carried 5-2. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 4, 2006 APPLICANT: Ray Miller PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 1149 Diffley Road CASE: 27 -PA -04-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 PREPARED BY: Sheila Cartney Revised Erik Slettedahl COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a third stall addition to the attached garage for currently platted Lot 16, Block 1, Lexington Ridge. Lot 16 and common area will also have to be re -platted, Lot 16 will acquire additional land from the common area to accommodate the addition; therefore a re -plat is necessary, the applicant has made such an application. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004, the subject site was approved as part of a Planned Development to create 17 lots, 16 townhome units and common area. The development has reduced setbacks and is a cluster type development. Each unit was approved with a two stall attached garage. lot Planning Report — Lexington Ridge PD Amendment April 25, 2006 Page 2 The applicant withdrew an identical application in 2005 before it was heard at the Advisory Planning .Commission meeting in November and has now resubmitted without changes. EXISTING CONDITIONS The site is fully developed with 16 attached townhome units. Some of the units have been sold and the applicant is in the process of selling the remaining units. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST The applicant is proposing to add a 19.7'X21',(413.7 square feet) third stall to the attached two stall garage for Lot 16, Block 1, Lexington Ridge. This unit is the first unit visible when entering the development. This development is a Planned Development that was approved with attached two car garages. The Planned Development allowed for reduced setbacks and a cluster type development. The proposed third stall would meet structure setbacks with the proposed re -plat of Lot 16 and will match building materials and style. The third stall will have its own vehicle access directly from the private street. SUMMARY/CONCLUSION The Lexington Ridge Planned Development was approved in 2004 to create 17 lots, 16 townhouse units and common area. This development is a cluster development with reduced setbacks and two stall attached garages. The site is fully developed. The proposed garage stall will have individual access onto the private street and a separate entrance than the existing garage. The architecture and building materials will match the existing garage. A re -plat of Lot 16 and common area will be required in order to accommodate the addition; the association will convey land to that lot. The applicant has applied for a re -plat.' �O� Existing Use Zoning Land Use Designation North Diffley Road ROW ROW East Diffley Lexington Athletic fields P, Park P, Park and Recreation open sace South Diffley Lexington skate park P, Park P, Park and Recreation open sace West Ca oni Art Park P, Park QP, Quasi Public EVALUATION OF REQUEST The applicant is proposing to add a 19.7'X21',(413.7 square feet) third stall to the attached two stall garage for Lot 16, Block 1, Lexington Ridge. This unit is the first unit visible when entering the development. This development is a Planned Development that was approved with attached two car garages. The Planned Development allowed for reduced setbacks and a cluster type development. The proposed third stall would meet structure setbacks with the proposed re -plat of Lot 16 and will match building materials and style. The third stall will have its own vehicle access directly from the private street. SUMMARY/CONCLUSION The Lexington Ridge Planned Development was approved in 2004 to create 17 lots, 16 townhouse units and common area. This development is a cluster development with reduced setbacks and two stall attached garages. The site is fully developed. The proposed garage stall will have individual access onto the private street and a separate entrance than the existing garage. The architecture and building materials will match the existing garage. A re -plat of Lot 16 and common area will be required in order to accommodate the addition; the association will convey land to that lot. The applicant has applied for a re -plat.' �O� Planning Report — Lexington Ridge PD Amendment April 25, 2006 Page 3 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow 19.7' X 2 V third . stall addition to the attached garage for currently platted Lot 16,'Block 1, Lexington Ridge. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. The addition shall only apply to currently platted Lot 16, Block 1, Lexington Ridge, and be limited to 19.7'X 21' with similar and compatible exterior building materials. 3. The developer shall provide proof, in a form acceptable to the city attorney, that the Association can and will convey a portion of the common area to lot 16 and the property associated with the conveance shall be re -platted to accommodate the addition. 4. No additional building modifications shall be allowed. 105 Written Narrative for Lexington Ridge Development The developer is proposing to amend the planned development to include the construction of a garage addition to Lot 16, Block 1 of Lexington Ridge. This lot is the first lot as you enter the development on the south side of the street. To date, all of the 16 unit town homes have been constructed with the sale on 5 units currently completed. This amendment to the planned development will result in an additional drive access to the currently constructed private street.- This garage addition will provide symmetry to the development in that the unit across the street will be matched from the east setback line. Lot 16 is one of the more difficult lots to market and this will provide an opportunity to provide an amenity to this unit that will make it intriguing to the buyer and another unique unit within this urban village setting: ` This amendment will not have a detrimental affect on. the swrounding property or land uses. This amendment simply provides another mix of housing type in this area. Just like some buyers like a 3 or 4 bedroom home, other buyers would prefer a 3 -stall to a 2 - stall garage. There is no impact to public infrastructure and will have no impact to the surrounding properties outside this s6cluded development The architecture will match the existing town homes and will incorporate similar building materials and style. We believe this will simply add diversity to the building construction and will supplement the unique architectural character in this environment. The timing of construction is to complete the addition once the necessary approvals from the City have been granted. The developer is committed to allowing this to be the only building modification within this development. RECEIVED MAR 15 20M !D . o a — CONC. BAND t w rir COLOR • r`' o j CONC. A �►WITHIN �,— ND r �1 /1-5 UNIT B, UNIT 8 SB' SB a� � r o a two t tmasaaw awc w rir TY Pr"CT aNFSi t o 81Hdf tom. Com" FMDACT SP. _� ;1�; °�_ . �Irer/�r.r. �.'=;ns' �.c t �,..yc,:uJ � I "LS�II'�) �+iC .ir::unc+�rn v� },F wear .',rwr �r`i..riw w i.-«' uw r?R�a�s: '7e+w hrn�. �,, rr�aDl•*fllMuve�' k b;, _, ��r �"� 5 �� ���� ,�t�::�� Rte. I �....rJ� i• w?.w�-: i1:� � > > � 1 rT y,.,. •^�":yi M aMke+w.'..mt�LM''sui.'�'.�us3lfg'ti�.e4v.ct' �+1 dr,;..r.yy, r :� - ^' - , �' � „I.,a ^, j x 2t �i Kr^*� �vrji �bn ';J�1fld�„ �l `� P Lexington Ri4ye Unit 16 Proposed garage addition - North Elevation rn Proposed addition. Page 1 of 1 Mike Ridley From: Ray Miller [ray@miilervilleinc.com] Sent: Tuesday, April 25, 2006 10:16 PM To: APC Subject: Lexington Ridge I had an issue this evening that kept 'me from being on time to the Planning commission meeting. l arrived just in time to hear the vote. I was deeply distressed over the fact that I think I could have answered questions that may have shed a different light on the subject. I didn't intend that Paul Danielson (who coincidently helped me with the original planning of LR but was at the meeting for the Oak Hills presentation) would present to you but he tried to give you some information. He wasn't expected have all the facts but given he was there, he tried to help. I don't know what to do at this point and I don't know the protocol on the matter given it was voted. down. I would like to at least make an effort to explain my reasoning. 1. Although the buyer of this unit would like an additional stall for their garage, the idea of the garage was in process prior to their purchase and their purchase of the unit is not dependent on the additional garage. This proposal is NOT because of a potential buyer (although it would certainly be a bonus to them). I am not asking to have this garage approved for economic reasons. 2. 1 am asking for the ability to build an additional garage for reasons which you mentioned. First, it would bring continuity to the development. The single stall garage would be built to the setback line. (This would allow for one additional stall, not two as was assumed.) The line of the garage would not make this development more crowded but 1 think rather it would be more consistent with the unit across the street; both sides of the street would start at the setback line. 3. It would give privacy to the street and sidewalk in addition to the backyard of lot 16 (just like all; the remaining units in the development). 4. The development needs storage of utilities for the association's electric and water meters. The utilities were planned to be located in the area of the proposed garage. If the garage was approved they could, be hidden from public, view and safely placed behind the garage. 5. There were comments tonight that the development was already more crowded than it should. My perspective is that the density of LR that was approved is close to what could have been designed with the original R-1 zoning. We only have 16 units in 6 acres. We designed LR as a small community in the midst of parks. In fact we designed the units together in order to donate over 1/3- of the land back to the City as a Conservation easement. 6,. Not that public agreement should be the reason to approve or deny this request, I think it is worth noting that 11 of the 16 units are sold and 100% of the home owners approve of this request for all the reasons stated above. These are just some of my thoughts on why I asked for approval. If any of you have thoughts on this I would appreciate your comments. -- ray miller 4/27/2006 <Qq Agenda Information Memo May 2, 2006 Eagan City Council Meeting D. COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN ACTIONS TO BE CONSIDERED: To direct staff to submit the Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High. Density Residential to the Metropolitan Council for their review. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The vacant subject site was part of a 2005 subdivision by Tom Kennealy to create separate parcels for his existing home and a future development site. ➢ The subject site is located within Noise Zone 4 and the proposed residential use is considered conditional. ➢ Although development was not proposed at that time, the APC and City Council discussed the suitability of additional single-family detached homes in the area given the combination of surrounding uses and the noise impact from the north/south runway. ➢ Individual entrance residential uses are conditional in Noise Zone 4. The Goals and Polices of the Airports and Aviation section of the Comp Plan should be reviewed against this proposal: ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and recommended approval of the amendment and rezoning. . 60 DAY AGENCY ACTION DEADLINE: May 14, 2006 ATTACHMENTS (3): Draft APC Minutes on page dvmgh -- . Staff report on pages through Aerial photograph on page. E. Kennealy Addition - Outlot A Applicant Name: City of Eagan Location: Outlot A Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from LD (Low Density) to HD (High Density). File Number: 18 -CG -04-04-06 Application: Rezoning A Rezoning from R-1(Residential Single Family) to R-4 File Number: 18-RZ-05-04-06 Community Development Director Jon Hohenstein introd information presented in the City Staff report dated Marc! and history. Chair Heyl opened the public hearing. Tom Kennealy, 2115 Silverbell Road stated he would pre't( zoned. Chair Heyl responded by explaiijiLngq that the furthe area is inconsistent with impact of airpon%,the surrou the expected redevelopment in the area f ; ensib le). is item--Wd. highlighted the f06. He h5Wthe background Rae property to remain as originally '§W. e family development in the dim altkfamily development and uses: —*= --.=I7 There being no further public comment, Chai'F-Hey-dbT@d blic hearing and turned the discussion back to the Co n. Member Gladhill statdd is impost to realize tat the issue of the use of the outlot came about as a result of"theijiter's retest to subdivi&&.Ie property. Member Bend. MemW&ee�e�a motion to recommend approval of a Comprehrv-e`-(ga�n ARWfWment from LD to HD for Outlot A, Kennealy Addition from R- 1 to R All voted von Motion.red 7-0 Member Bendit= ed, Memt, r Keeley seconded a motion to recommend approval of a Rezoning of Outrf�Kenney Addition from R-1 to R-4. All voted in favor. MotW carried 7-0. r1;� REPORT DATE: March 14, 2006 APPLICANT: City of Eagan PLANNING REPORT CITY OF EAGAN. CASE: 18 -CG -04-04-06 18-RZ-05-04-06 HEARING DATE: March 25, 2006 PROPERTY OWNER: Estate of J.W. Kennealy APPLICATION DATE: March 14, 2006 REQUEST: Comprehensive Guide Plan Amendment & Rezoning LOCATION: 2115 Silver Bell Road COMPREHENSIVE PLAN: LD — Low Density ZONING: R-1, Single Family SUMMARY OF REQUEST PREPARED BY: Michael J. Ridley, AICP The City is initiating a Comprehensive Guide Plan Amendment from LD — Low Density to HD — High Density and a Rezoning of a 1.29 acre site from R-1, Single Family to R-4, Residential Multiple. This request stems from the APC and Council's consideration of a subdivision request made by the property owner last spring. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation* ofland use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. l►3 Planning Report — Kennealy CGA & RZ April 25, 2006 Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The City Council approved a two -lot Preliminary Subdivision of the two acre property in April 2005. At that time, staff opined that adding. additional single family detached homes to the Wuthering Heights area would be inconsistent with the impact of aircraft noise generated by the new north/south runway at MSP. The following quote is an excerpt from the 2005 Kennealy Preliminary Subdivision report: "Because of its location in the noise zone and its adjacency to existing R-4 property, it maybe appropriate for the eastern portion of this property to be developed as apartments rather than as single-family homes. This would provide an extension of the existing multiple residential development on property to the east, and create new development that is compatible. with existing and anticipated development in the area and with the airport noise exposure." Subsequently, on April 19, 2005, the City Council took an action to direct staff to initiate a rezoning from R-1 to R-4 for the newly created (out)lot after the Final Subdivision was approved and recorded. EXISTING CONDITIONS The subject 1.29 acre outlot is vacant; however, the property that was subdivided contains a single family home that was constructed in 1958. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single family residential zoned R-1 and Guided LD, Low Density. South - Tesseract School; zoned CGD and Guided Special Area. East - Apartment building; zoned R-4 and Guided HD, High Density. West - Single family residential zoned R-1 and Guided LD, Low Density. 114 Planning Report — Kennealy CGA & RZ April 25, 2006 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area The amendment and rezoning appear compatible with adjacent uses and results in the most suitable residential category in relation to the airport noise experienced in the area. The adjacent property to the east and northeast is developed with apartments and is zoned R-4, Residential Multiple. Dating back to at least 1980, the zoning designations on this and adjacent residential properties were inconsistent with their land use designations. The residential neighborhood was zoned R-1 (Residential Single-family) and R-4 (Residential Multiple), while the land use designation was Limited Industrial. With the update of the City's Comprehensive Guide Plan in 2001, at the request of the neighborhood, the City achieved consistency between the land use and zoning of the residential neighborhood by changing the land use designations to LD, Low Density Residential and HD, High Density Residential to match the actual use of the properties. Site Plan — There is no development proposed with this Amendment and Rezoning; however, Site Plan review and approval is required prior to development. Landscaping — To be determined with Site Plan review. Grading/Storm Drainage, — To be determined with Site Plan review. Wetlands/Water Quality — To be determined with Site Plan review. Access/Street Design - The only access to the site is via Silver Bell Road. Easements/Rights of WU/ Permits — To be determined with Site Plan review. Tree Preservation — To be determined with Site Plan review. Parks and Recreation — The ultimate development will be subject to a cash park and trail dedication based on the rates in effect at that time. SUMMARY/CONCLUSION The proposed Guide Plan Amendment and Rezoning are in keeping with City Council direction and will insure that single-entry residential will be developed on the subject site. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from LD to HD for Outlot A, Kennealy Addition from R-1 to R-4. To recommend approval of a Rezoning of Outlot A, Kennealy Addition from R-1 to R-4. [IF 11 LP j" Eagan Boundary Right-of-way Location Map ParkAre a Building Footprint r t.•t'7v r 1�yh-.+'t nr'•yn' 3x9"4 s*,V, ' ru k�7 a�{,k e3 0 F�,�. �` t r=J,1 K ilea eo: � �.Y+• �a( j yry� "� ,. `c i t � 4 � ,�,1 ' 24 , ; 9� 1� �� # r pi y5gg k �•'.'1X's !�'"`� } 1 fi; �1 � .}A �� � >< r l�pT yy! f 5 1Si (ry�yy`''�� 'I Yt�..„,}3 —"e ., 1's#'P� ��y1�" �y�4� �r3�f �j(� '�V� ��r � ® S �r �t ` k�y i+' 4�7 c ���� r j ”"� 9P�, y �b,, Ist a�ntR+"ha�� ��4��'� Pip•" Sub ect Site . "'All }��`rF!ISQa�I�• O' a Y gooY^ ® Cti5. 0 �p'fet�Mp' +f•�,5� r n ® at I •• D ® 0®® ®®00 O 1 Aa 0 annual ® 1 m �8r ®® 96 Wind 1000 0 1000 2000 Feet Development/Developer. City of Eagan (Outlot A, Kennealy Addition) Application: Rezoning and Comprehensive Guide Plan Amendment Case No.: 18-RZ-05-04-06 and 18 -CG -040406 City Ba�� ' Map Prepared using ERSI AroVlew 3.1.. Parcel base map data provided l � � by Dakota County OMke of GIS and Is current as or AM[ 200& N E W+ of THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Wmmunny a•v-•pm•M o•p•rtm••t not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan city of Eagan Land Use Map Rezoning and Comp Guide Amend. 18-RZ-05-0406 and 18 -CG -040406 Zoning Map 1-1 A Location, PD PD R1 Current Zoning: R-1 Single Family Residential COD D AS NO• Q rn 6D no o goo 1200 rest Comprehensive Guide Plan Land Use Map IN QP BP Location LD IND SA BP Current Land Use Designation: HD P P SA LD Low Density (0-4 units/acre) o!S LD I SA SA 3 No,A tai N. 5tP � 1 S. no 0 we 1200 F." parcel base map information provldeuby Dakota County Land Survey Departmert Deambur 2005. N (� Ag �n 1 Zoning iMormation maintained byCity StafL l LQ Ull �" THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E U of The City of Eagan and Dakota Courtly do not guarantee the a-, —racy of this Information. S '7 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 29 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for Acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Lyndon. Nelson Property at 3912-3914 Cedarvale Drive 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to _ Secure Options on Possible Relocation Sites for Cedarvale Mall Tenants F. OTHER BUSINESS G. ADJOURNMENT l ao Agenda Information Memo Eagan Economic Development Authority Meeting May 29 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 4, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the April 4, 2006 EDA meeting on pages -tcaa—la?) la I MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 4, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 4, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the agenda. as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the March 21, 2006 meeting as presented. Aye: 5 Nay: 0 There were no items. OLD BUSINESS NEW BUSINESS SOUTHEAST EAGAN — RECEIVE SUBSTANDARD CONDITION REPORT AND REQUEST CITY COUNCIL CALL FOR A RENEWAL AND RENOVATION DISTRICT PUBLIC HEARING Community Development Director Hohenstein discussed Revestors application for the creation of a renewal and renovation tax increment financing district. Commissioner Fields moved, Commissioner Fields seconded a motion to receive the substandard condition report and request from Revestors Realty for consideration of the creation of Renewal and Renovation Tax Increment Financing District for a portion of the area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in southeast Eagan and request that the City Council call for a public hearing. Aye: 5 Nay: 0 laa CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF STEVE MARTIN PROPERTY (FORMER CHILD CARE CENTER), 3990 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the potential acquisition of property located at 3990 Sibley Memorial Highway. Commissioner Carlson moved, Commissioner Tilley seconded a motion to authorize negotiations for the possible acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Maguired moved, Commissioner Fields seconded a motion to adjourn the meeting at 9:55 p.m. Aye: 5 Nay: 0 Date Executive Director I a3 Agenda Memo Eagan Economic Development Authority Meeting May 2, 2006 1. _CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT F� MYERS (EAGLE VALLEY BANK) ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for the acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway in the Cedar Grove Redevelopment District. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City was approached by the owners of the Eagle Valley Bank (Kent Myers) Property, 3900 Sibley Memorial Highway. At its meeting of February 7, 2006, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $1,700,000. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page • Resolutions on pages 1a c= to • Purchase Agreement, Lease Agreement and related documents available upon request. 4da'r."t-ir.O . a7madd if fflDtf'tena` Ar c "V CITY,OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR KENT MYERS (EAGLE VALLEY BANK) PROPERTY, 3900 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Eagan City Council to approve the Purchase Agreement for Kent Myers (Eagle Valley Bank) Property, 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy City 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 in a regular meeting thereof assembled this 2nd day of May, 2006. Mira Pepper, Deputy City Clerk GO EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR KENT MYERS (EAGLE VALLEY BANK) PROPERTY, 3900 SIBLEY MEMORIAL. HIGHWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Purchase Agreement for Kent Myers (Eagle Valley Bank) Property, 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 2nd day of May, 2006. Jon Hohenstein, Secretary/Deputy Executive Director 07 Agenda Memo Eagan Economic Development Authority Meeting May 2, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE NEGOTIATIONS FOF LYNDON NELSON PROPERTY ACTION TO BE CONSIDERED: To authorize staff to enter negotiations for the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive in the Cedar Grove Redevelopment District. FACTS: The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. The City has been approached by the Lyn Nelson, owner of the properties located at 3912-3914 Cedarvale Drive requesting that the City enter into negotiations for the purchase of the property. Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Nelson for that purpose. ATTACHMENTS: • Request letter on page • Area map on page 1?,� ►a9 Lyndon and Andrea Nelson 3650 Crestridge Court Eagan, MN 55123 651-454-3606-hme 651-451-7077-wrk April 21, 2006 APR'2 4 2006 John Hoenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Sale of building we own at 3912 and 3914 Cedarvale Drive, Eagan, MN 55122 Dear Mr. Hoenstein: I met today with Bob Bauer regarding the potential sale of the office building I own in the Cedarvale area to the city. Mr. Bauer informed me that if I wish to make an offer to sell to the city I should send you a letter with the appraisal of our property. Accordingly, enclosed herewith please find a copy of an appraisal we had done in June 2003. As you can see, this appraisal came in at a value at $235,000.00. We believe it is reasonable to add 5% compound interest to the value of the building since June of 2003. By my calculations, the value of this building in June 2006 would be $272,041.88. I hereby offer to sell 3912 and 3914 Cedarvale Drive to the city of Eagan for that price. As a condition of the sale, I would ask the city to lease the property back to me for the amount of $1.00 for a period of one (1) year from the date of closing to allow me time to find a place to relocate. I would continue to pay utilities. The city would cover any typical owner expenses such as common area expenses. Also, as a condition to this offer to sell, I would request/select the $20,000.00 lump sum relocation benefit option. I understand I would receive this payment on the day I vacate the building as opposed to the day of closing. If you any questions, comments, or concerns please contact me. . Very Truly Ygfi6, P. Nelson Enclosure Agenda Memo Eagan Economic Development Authority Meeting May 29 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE STAFF TO SECURE OPTIONS ON POSSIBLE RELOCATION SITES FOR CEDARVALE MALL TENANTS ACTION TO BE CONSIDERED: To authorize staff to secure options for possible relocation sites for Cedarvale Mall tenants. FACTS: • At the time that the City and the developer approved the Cedar Grove Redevelopment Agreement earlier this year, Schafer Richardson communicated a preliminary relocation schedule to the Cedarvale Mall tenants anticipating acquisition of the mall by the City by mid year. As the City and Schafer Richardson have been finalizing details associated with the acquisition of the Cedarvale Mall under the Cedar Grove Redevelopment agreement, that timeline has been delayed, but some mall tenants have identified possible receiver locations for their relocation. • The City cannot declare the businesses eligible for relocation or provide them relocation benefits until a later stage of the mall acquisition. The business owners have asked. the City to take steps to assist in retaining the sites to permit them to relocate and retain their eligibility for relocation assistance when the process reaches that point. • While the City cannot pay relocation assistance out of sequence, the City's TIF attorney has confirmed that it would be an eligible expense for the City to secure options on properties, if they are deemed to be suitable relocation sites that may be occupied when relocation eligibility occurs. At its meeting on April 18, the Finance Committee was briefed on the situation and recommended that the staff be authorized to work with the businesses and prospective property owners to take options to preserve receiver sites. • Staff has held preliminary discussions with Silver Bell Center, which is a prospective receiver for Cedarvale Barbers, Mike's Shoe Repair, Cedarvale Tailors and potentially one other Cedarvale business, and Kraus Anderson, which has made an offer of space for Community Drug and Alcohol Services. If authorized by the City Council, staff would proceed to finalize option or bridging agreements with those property owners for a period of up to three months to preserve the sites. Agenda Information Memo Eagan Economic Development Authority Meeting May 2, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 132, • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 2, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF ADMINISTRATIVE SERVICES • Item 1. Declare unclaimed property to be surplus • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity 133 • City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 19 2006 SUBJECT: ADMINISTRATIVE AGENDA / MAY 2, 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves to right to hold an Executive Session/Closed Session for the purpose of addressing either matters of threatened or pending litigation and/or matters of personnel or labor contracts. At this time; there is no Executive Session scheduled. CITY ADMINISTRATOR There are no items at this time. • DIRECTOR OF PUBLIC WORKS There are no items at this time. DIRECTOR. OF ADMINISTRATIVE SERVICES Item 1. Declare unclaimed property to be surplus — At the April 18, 2006 City Council meeting, the Council declared bicycles, unclaimed property and miscellaneous City property as surplus to be sold at an auction held by the City of Burnsville on May 6, 2006. Since that time, additional items within the Police Department have become available for sale. Enclosed on pages - through is a list of the additional items to be declared surplus. ACTION TO BE CONSIDERED: To declare the additional list of unclaimed property as surplus. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages through staff will be available to provide • comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. lb4 Item 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-wee updates of larger development and construction activity. • The current update is enclosed on page . /s/ Thomas L. Hedges City Administrator • • .. Item Number Item Description 7 Regency Radio MX 3000 88 Ricoh Fax 20 R2971200266 89 anasonic VCR 90 2 -Mo la Gang Battery Chargi Model N 668A 91 2 -Wood Porta Table 92 Panasonic Trans er ndard 93 6' Compu Table 94 4' mputer. Table 95 Desk 5 Office Chairs 97 4 GMC Yukon Rims 98 Schwinn Sting Ray Gold Scooter 99 Next Super Scooter II — Purple 100 2 Spinner Hubcaps 101 Ottoman 102 Round Ottoman 103 3 Blue Pillows 104 2 RedNVhite/Blue Pillows 105 2 Square Pillows 106 1 Tan Pillow with Beads 1 b7 1 Small Velvet Beaded Pillow 108 2 Khaki Colored Pillows 109 Red/White/Blue Comforter 110 Queen Fitted Bed Sheet 111 Queen Bed Skirt 5/1/2006 Portable Radios Cassette) l3(p Department Fire Fire Fire Fire Admin CH CH CH PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD Page 5 Item Number Item Description Department 112 Tire and Rim PD 113 Green Wallet PD 114 Brown Ladies Wallet PD 115 Blue Wallet PD 116 JVC CD Player PD 117 SPL Amp PD 118 SPL Wood Box with Speakers PD 119 3 Bats —1 Golf Club PD 120 Sony Wood Box with Speakers PD 121 Wheelchair PD 122 Electronic Dictionary PD 123 HP Printer/Copier/Scanner PD 5/1/2006 137 Page 6 C7 • I • City of Eat Wo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMITY DEVELOPMENT DIRECTOR DATE: MAY 1, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — The Senate -House Conference Committee continues to meet regarding the eminent domain legislation. Negotiations are expected this week on key provisions including the transition language related to existing districts. The House negotiators are supporting Rep. Abrams language that permits existing districts to use eminent domain to assemble remaining properties. Staff will continue to monitor to see whether that position prevails versus the Senate language that was more restrictive. At the Council's direction, staff continues to communicate with members of the Legislature and our lobbying organizations on the desired outcomes from the conference discussions. • Cedar Grove Redevelopment District • First Phase Development Plans — Staff and the developer continue to meet to coordinate the submittal and review of the first phase development applications. The developer and staff are continuing their meetings with the APrC to discuss the overall approach to the parks and recreation needs of the area. • Silver Bell Center Remodeling and Redevelopment — The owners of Silver Bell Center, next to McDonalds, have indicated that they will not be pursuing the partial redevelopment of the site, but will be proceeding with the refacing and remodeling of the shopping center itself to meet the CGD standards. A number of Cedar Grove businesses are interested in relocating to Silver Bell. • Acquisition and Relocation Plans — The purchase of the Eagle Valley Bank property and a request for authorization to acquire the Lyndon Nelson property is on the EDA Agenda for May 2. The Minsk Market acquisition is expected to come back to the City Council on May 16. Negotiations continue with the owners Ellingson and Associates and Steve Martin for acquisition of those properties. Several other property owners are actively seeking new sites for their businesses. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Ear—an Redevelopment District • Grand Oaks Development — The first office building is occupied and stores arebeginning to occupy the retail strip. Construction is nearing completion on the Eagle Valley Bank. Construction on the next Grand Oaks office building is expected to begin this spring. • McGough Office Project — The developer has submitted revised offers to the four remaining • property owners in the northeast Eagan/McGough area. Roger Reiling has commissioned a seller's appraisal and has submitted it to McGough. McGough representatives have offered 139 4 I 6.1 mediation as a means of resolving the differences between the offers and the seller's appraisal. 0 Hwy 55 Parcels — DART Transit, the owner of a substantial number of the properties in the portion of the District south of Hwy 55 has indicated an intention to prepare a development/redevelopment plan for that part of the district. DART representatives met with staff on April 5 to discuss their progress in this regard. Further work remains to be done and DART will keep the City updated on their discussions with other property owners. Southeast Eagan Masterplan • Revestor's development plan for Red Pine Crossings was approved by the City Council on April 4 and the APC has passed a resolution finding the proposed renewal and renovation district for the area to be consistent with the Comprehensive Plan and zoning of the property. The City Council has scheduled a public hearing for June 6 for the possible creation of the renewal and renovation district. r� • 1� • City of Eap Demo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: May 1, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address 3324 Promenade Ave • Development Update • Explanation Valuation Cingular Wireless 150,000 Type Comm_ Impr ➢ Interest in Business Park development in Northeast Eagan continues; Planning staff continues to'field questions from perspective developers and we have recently met with one of the property owners to discuss development related issues. We expect develop development applications in the near term. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's, meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. HW UMBuilding Addy Reporls/Commerrial Reports for CC/2006 City of Evan demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 1, 2006 SUBJECT: ADDITIONAL INFORMATION / MAY 2, 2006 CITY COUNCIL MEETING CONSENT AGENDA B. PERSONNEL ITEMS — Enclosed on page 9A is Item 5, Finance Intern; Item 6, Part-time Seasonal Concessions Workers; and Item 7, Part-time Seasonal Program Assistant to be added to the May 2; 2006 City Council packet. R. Accept Resignation of Ted Gladhill from the APC - Enclosed on pages 35A and 35B is an addition to the consent agenda to accept the resignation of Ted Gladhill from the Advisory Planning Commission (APC). The City received e-mail correspondence from Mr. Gladhill on Monday, May 1 to notice the City of his intent to resign. As a result of the resignation, there will • be one additional one-year vacancy on the APC that will need to be filled during the Council's appointment process. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments — Since the City learned of the resignation of APC member Ted Gladhill, enclosed are replacement pages for pages 68 and 69 of your packet. The revised pages reflect the change in the number of vacancies on the APC. As .a reminder, please use this modified list of vacancies as you prepare for the appointment process Tuesday evening: Assistant to the City Administrator Miller and Director of Administrative Services VanOverbeke will again coordinate the distribution and official count of the ballots. In keeping with the Council's past practice, the process will begin with voting on all of the 3 -year terms available, followed by 2 -year terms, 1 -year terms, etc. Asa reminder, there are five (5) applicants for the WMO and there are four openings. While the WMO is not an official advisory commission of the City, it is proposed that the same appointment process be used for the WMO as is being used for the four advisory commissions. In keeping with past practice, after and while the City Council is voting, if it is the desire of the Council to move on to the next agenda item, and then periodically update the vote to keep the meeting proceeding ahead, this is certainly is an acceptable process. • /s/ Thomas L. Hedges City Administrator • Agenda Information Memo May 2, 2006 Eagan City Council Meeting • B. PERSONNEL ITEMS: Item 5. Finance Intern -- ACTION TO BE CONSIDERED: To approve the appointment of Jake Nicklay, Finance Intern. Item 6. Part-time Seasonal Concessions Workers— ACTION TO BE CONSIDERED: To approve the hiring of Christie Bauer, Ben Eng, Katie Maruish, Matt Mason, Jill Petsinger, Alex Phillips, Austin Phillips, Kyle Stevenson and John VanOverbeke as part- time seasonal concessions workers. Item 7. Part-time Seasonal Program Assistant— ACTION TO BE CONSIDERED: To approve the hiring of Jackie Carlson as a Program Assistant. Agenda Information Memo May 2, 2006 Eagan City Council Meeting R. ACCEPT RESIGNATION OF TED GLADHILL FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Ted Gladhill from the Advisory Planning Commission. FACTS: ➢ Eagan Advisory Planning Commission member Ted Gladhill informed staff on Monday, May 1, 2006 that he will be resigning from the APC due to a significant career change requiring more of his time. ➢ Mr. Gladhill noted the wonderful experience he has had on the APC over the past four years, and thanked the City for the opportunity to serve. ➢ A one-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. • ATTACHMENTS: ➢ Enclosed on page _ is an e-mail that was sent to the City Council on Monday, May 1 from Mr. Gladhill thanking the Council for the opportunity to serve on the APC and noticing the Council of his resignation. • 36 A Page 1 of 2 Jon Hohenstein From: Ted Gladhill [ted.gladhill@comcast.net] Sent: Monday, May 01, 2006 3:00 PM To: City Council; Mike Ridley; Jon Hohenstein Cc: 'Gary Hansen'; Peter.Dugan@cbre.com; 'steve chavez'; Dana. Keeley@mpls.frb.org; 'Jenifer Matthees'; 'Carla Heyl' Subject: Ted Gladhill's APC Resignation Regrettably, I must submit my resignation from Eagan's Advisory Planning Commission effective immediately, and from the Signage Task Force following this Tuesday's meeting. Contrary to rumors, I am not resigning because of differences of opinion on the urban blight of electronic reader boards (read tongue-in-cheek)I Rather it is simply my inability to continue to dedicate the time required to fulfill the responsibilities of the position. Some of you are aware that I recently made a major career change — leaving my 20 -year corporate career with NCR Corporation in pursuit of my own business ventures. I am expanding Gadgetman — a custom home audio and video company dedicated to helping clients derive more enjoyment from their homes by designing and installing high quality whole -house sound and video systems and/or home theater systems — from a "spare -time" vocation of the past few years to a more serious pursuit. I also joined forces with a 35 -year veteran in a Manufacturer's Rep firm offering home and auto electronics to Custom installers and Distributors in the Midwest. The demands of expanding my small business (currently an Eagan home-based business) into a viable full-time career, combined with my wife, Anne's career expansion into full-time Management at her employer, plus the "normal" demands of a family with 3 and 6 -year-old children have begun to exceed my current capacity. For the last few months, I have tried to still apportion the time needed to be an effective Commissioner, but I simply can no longer balance the demands of these multiple roles and feel I must concentrate on my family and my businesses until the workload becomes a bit more manageable. I care deeply about the direction the City of Eagan takes and 1 feel honored to have played a role. I have been a resident of Eagan for 15 years and have no plans to leave in the foreseeable future. Through my participation on the City's Commissions for the past decade, I have endeavored to provide useful insight and thought-provoking feedback representative of many of our citizens to enable the Council to make more informed decisions. The City's staff is the finest I have ever had the pleasure of working with and have always been prepared with any needed assistance. Our City Council members clearly show their individual passion for the betterment of this City. My fellow Commission members have proven their dedication to helping this community and have earned my respect for their professionalism. I am privileged to have worked closely with all of you and I have enjoyed my tenure on the Commissions. I hope to again seek Commission appointment when my schedule becomes less demanding. Of course, I also hope that when that time comes, the City Council and staff will once again extend their welcome and consider me for appointment. If you have any questions (or would like to add or upgrade a whole -house audio, video or home theater system), please contact me. I would be happy to assist in the transition to the new Commission members by attending a workshop or pre -meeting, Ted Gladhill ted.gladh.. L&Qmgast,net Or: Ted Gladhill 3c 8 5/1/2006 • ADVISORY COMMISSION MEMBERS ADVISORY PLANNING COMMISSION Name Ori ` al Appointment Term Expires Years of Service Dana Keele (alternate) April 2005 Aril 2006 1 Peter Dugan 2 year term Aril 2004 Aril 2006 2 Carla Heyl January 2003 Aril 2006 3 Gary Hansen Jan 2003 Aril 2006 3 Duey Bendt January 2001 Aril 2007 SIGNED) 5 Jenifer Matthees A ri12004 Aril 2008 (RESIGNED) 2 Ted Gladhill (Alternate, 2002- Jan. 2003) January 2002 April 2007 (RESIGNED) 4 Steven Chavez Aril 2004 Aril 2007 2 Current Vacancies = 7 ADVISORY PARKS AND RECREATION COMMISSION Ryan Zi f (alternate) Aril 2005 Aril 2006 1 Terry Davis January 1997 April 2006 9 Dorothy Peterson January 2000 Aril 2006 5 Phil Belfiori January 2002 alternate 2002-2003 April 2006 4 Mark Fili i May 1997 Aril 2007 8 " Margo Danner January 2001 Aril 2007 5 Muhammad Lodhi Aril 2004 Aril 2007 2 Duane Hanson Aril 2004 April 2008 2 Joseph Bari January 1999 Aril 2008 6 Richard Pletcher January 2001 Aril 2008 5 Current Vacancies = 4 wvq Name Original Appointment Term Expires Years of Service AIRPORT RELATIONS CONMSSION Curtis Aljets (1 year term) April 2005 April 2006 1 Jack Prentice alternate Aril 2005 Aril 2006 1 Nathan Krahn 4nuary 2003 Aril 2006 3 Stephen Nieren arten January 2003 Aril 2006 3 Valerie Dosland Aril 2004 Aril 2007 SIGNED 2 Dean Haehnel Aril 2004 April 2007 2 Daniel Flanagan Aril 2004 April 2007 2 Charles Thorkildson January 1999 Aril 2008 6 Tammy Mencel August 2004 Aril 2008 2 Jason Bonnett Aril 2004 Aril 2008 2 Current Vacancies = 5 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Robert Peterson alternate Aril 2005 Aril 2006 1 Joseph Conlon January 2003 Aril 2006 3 Bill Raker January 2000 Aril 2006 6 Jody Mikasen Aril 2005 A ri12008 1 Michael Owens Aril 2004 Aril 2008 2. Current Vacancies = 3 0 • • AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 2, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS f.1 A. Friends of the Farm Volunteers ,SIV. CONSENT AGENDA 1.A. APPROVE MINUTES B. PERSONNEL ITEMS �P.( C. APPROVE CHECK REGISTERS th D. APPROVE use of the Community Center for the Miss Eagan Pageant at no charge during e 4d' of July festivities E'. APPROVE temporary on -sale liquor license for the Twin Cities Good Time Softball League. .� F. ACCEPT $4,000 grant from Dakota County Impact Panel for public safety equipment 'bG. RECEIVE BIDS I AWARD CONTRACT — Contract 05-08, (Lone Oak Drive and Lone Oak Parkway — Sidewalk Improvements) P H. RECEIVE Feasibility Report and Schedule Public Hearifor Project 938, Nicols Road —Sidewalk ng (June 6, 2006) Improvements )9 I. AUTHORIZE Preparation of Comprehensive Transportation Plan 20 J. AUTHORIZE Preparation of Comprehensive Water and Sanitary Sewer Plans .�� K. AUTHORIZE Installation of Pedestrian Countdown Timer (Silver Bell Road & TH 13) rAPPROVE Wetlands Exemption for Utility Pipeline Upgrade (Xcel Energy) M ACCEPT Wetland Delineation Report for Project 02-C (Nature's Edge) '�'a$N. AUTHORIZE Submission of Letter of Support for Implementation of the First Phase Development of the Cedar f Grove West Transit Station x .,_'IRO. APPROVE comments to the City of Rosemount regarding the comprehensive guide plan amendments for properties on Hwy 3 and Hwy 52 P13P. ACCEPT Resignation of Jenifer Matthees from the Advisory Planning Commission p.35 Q. ACCEPT Resignation of Duey Bendt from the Advisory Planning Commission V. PUBLIC HEARINGS A. CERTIFICATION of delinquent board up services 31 B. CERTIFICATION of delinquent utility bills .5� VARIANCE — Granite City Brewery — A Variance of 14' to the required 20' parking setback from Pilot Knob P Road located at 3330 Pilot Knob Road in the SW '/e of Section 10 VI. ORGANIZATIONAL BUSINESS P,Ulo A. ADVISORY COMMISSION APPOINTMENTS VIL OLD BUSINESS VIII. NEW BUSINESS P ? A. RECEIVE FEASIBILITY REPORT for Project 934 and authorize preparation of plans and specifications for Contract 06-05 (Cliff Road and Blackhawk Road / Galaxie Avenue — Intersection Reconfiguration) B. PLANNED DEVELOPMENT AMENDMENT — Thomas Lake Center — Har -Mar, Inc. — A Planned Development Amendment to allow outside storage of daycare vans; to amend the shopping center pylon sign; to make changes to rear elevation of the shopping center located at 1565 Cliff Road in the SW '/4 of Section 28 p1 C. PLANNED DEVELOPMENT AMENDMENT — Lexington Ridge 2nd Addition — Millerville Inc. — A Planned l Development Amendment to construct a garage addition which includes an additional access to the currently constructed private street located at 1149 Lexington Ridge Court in the NW '/4 of Section 27 (� D. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING — Kenneally Addition — City of Eagan — A Comprehensive Guide Plan Amendment from Low Density (LD) to High Density (HD) and a Rezoning from Residential Single (R-1) to Residential Multiple (R4) located on Outlot A in the SW 1/4 of Section 18 IX. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for Acquisition of the Ken Meyers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway �. ICI 1 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Secure Options on Possible y Relocation Sites for Cedarvale Mall Tenants F. OTHER BUSINESS G. ADJOURNMENT . X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIM. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or . status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance noticeof at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Agenda Memo May 2, 2006 City Council Meeting III. RECOGNITIONS AND PRESENTATIONS A. FRIENDS OF THE FARM VOLUNTEERS ACTION TO BE CONSIDERED: Recognize Dorothy Peterson, Norm Peterson and Sharon Boeckman for their volunteer hours at Holz Farm. FACTS: • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers contributed a total of 758 hours of service to Holz Farm,in 2005. • Friends of the Farm volunteers are recognized both by the Advisory Parks Commission and the City Council after they've reached specific volunteer hour milestones. • Dorothy Peterson is being recognized for reaching 250 hours of service. • Norm Peterson and Sharon Boeckman are being recognized for reaching the 500 hour. milestone. • Spring is a busy time at the farm as the volunteers and City staff prepare the farm for the Holz Farm Spring Event on Sunday, May 21st and summer camps that will take place in July.. The Farm also hosts the Eagan Garden Club Spring sale on Saturday, May 13th. • The entire community is invited to join the volunteer efforts at the farm by becoming a member of the Friends of the Farm or by pitching in on Spring Clean-up Day held on Saturday, May 6th from 9 a.m. until noon. • Director Johnson will present certificates to these three volunteers in honor of their dedication to Holz Farm. ATTACHMENTS: • None. City of Eap mom To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: . APRIL 289 2006 Subject: AGENDA INFORMATION FOR MAY 2, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the May 2, 2006 City Council agenda, the following items are in order for consideration. CQ Agenda Information Memo May 2, 2006 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 and placed under Old or New Business unless the discussion required is brief. A. APPROVE NHNUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 18, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the April 18- 2006 regular City Council meeting are enclosed on pages through V . 2-1 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL c Eagan, Minnesota !' April 18, 2006 A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. Residents of the Red Pine Crossing area were present to express their concerns regarding the proposed mixed commercial retail / office development to be located southeast of Red Pine Lane and Highway 3. Council directed staff to arrange a meeting with the residents to address their concerns. A regular meeting of the Eagan City Council was held on April 18, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS AND PRESENTATIONS Linda Bendt, Administrative Secretary for the Fire Department was recognized for her 23 years of service to the City. Eric Macbeth, Water Resources Coordinator discussed efforts of Eagan Hardware Hank, Home Depot, Jerry's Garden and Nursery Center, Pellicci Ace Hardware, Sam's Club, Target, and Wal-Mart to protect and improve lake water quality within the City of Eagan. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA City Administrator Hedges noted an item to be added under personnel. Councilmember moved, Mayor seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the .minutes of the April 4, 2006 regular City Council meeting and the March 28, 2006 City Council retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Heidi Savre and Robert Mattson as part-time fitness attendants at the Community Center. 2. It was recommended to approve a memo of understanding for the Police Sergeants Association health insurance. C. Check Registers. It was recommended to ratify the check registers dated April 6, 2006 and April 13, 2006 as presented. D. Premise Permit Renewal: It was recommended to adopt a Resolution approving a Premise Permit renewal for the Eagan Athletic Association to conduct a pull -tab operation at Al Bakers, 3434 Washington Drive. E. Contract Auction Services. It was recommended to approve a contract with the City of Burnsville for auction services in conjunction with the City of Burnsville auction to be held on May 6, 2006. F. On -Sale Liquor License. This item was continued indefinitely. G. Extension for Recording Final Plat. It was recommended to approve an extension to May 29, 2006 to record the Final Plat for Kennerick Third Addition, located west of Pilot Knob Road and north of Lone Oak Road in the SE '/a of Section 4. H. Schedule Public Hearing. It was recommended to receive a request from the Eagan Economic Development Authority and schedule a Public Hearing on June 6, 2006 to consider the potential establishment of the redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1 and the Establishment of 41 Eagan City Council Meeting Minutes April 18, 2006 Page 2 Southeast Eagan Tax Increment Financing (Renewal and Renovation) District No. 1 in the area of southeast Eagan bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road. I. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the amendment to the Preliminary Planned Development for Diilley Marketplace to allow driveway access for the development to Daniel Drive. J. Project 778. It was recommended to schedule an environmental assessment public hearing for Project 778 (Trunk Highway 149 — Street Upgrade) to be held on June 6, 2006. K. REMOVED Project 934. L. Settlement Agreement. It was recommended to approve a settlement agreement with Nolan & Nolan vs. the City of Eagan and MNDOT, and authorize the Mayor and City Clerk to execute all related documents. M. Contract 06-02. It was recommended to approve Change Order No. 1 to Contract 06-02 (Citywide — Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Donation. It was recommended to accept a donation of $2,000 from City and County Credit Union for the Eagan Live Jive summer entertainment series. O. Advertisement for Bid. It was recommended to authorize the advertisement for bid for three improvement projects identified for the Civic Arena by the independent utility audit completed for the building. P. Advertisement for Bid. It was recommended to authorize the advertisement for bid for the construction of Captain's Course, a nine -hold miniature golf course within Cascade Bay. Q. BCBSM Active Community Grant. It was recommended to approve the City's participation in a Joint Application for a Blue Cross I Blue Shield of Minnesota Active Community Assessment and Engagement Grant opportunity. R. Resignation. It was recommended to accept the resignation of Valerie Dosland from the Eagan Airport Relations Commission. S. Amendment to T -Mobile Lease. It was recommended to authorize the Mayor and City Clerk to sign an amendment to T -Mobile Lease Q430 shiftjng the area of ht lease so as to avoid a gas line. T. MNDOT Right of Way Turnbacks. It was recommended to authorize the acceptance of various "turnbacks" of Minnesota Department of Transportation (MnDOT) right-of-way to the City of Eagan and the expenditure for the associated processing. U. Surplus Pronertv. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Burnsville city auction on May 6, 2006. V. Proclamation. It was recommended to proclaim May 20, 2006 and the month of May as Arbor Month in the City of Eagan. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE — WOODGATE TOWNHOMES City Administrator Hedges introduced this item regarding a request for 20 -foot Variances from the required 30 -foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2, 3, and 7, Block 5 of Woodgate 3'a Addition for the repair or replacement of existing decks. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve 20 -foot Variances from the required 30 -foot front yard setback for Lots 6, 7, 10, 11 and 15, Block 4 and Lots 2, 3, and 7, Block 5 of Woodgate 3`d Addition for the repair or replacement of existing decks subject to the following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be approved for each deck prior to construction. i^ Eagan City Council Meeting Minutes April 18, 2006 AFT Page 3 3. All decks must provide a site plan showing the location of the deck edge "and footings, and show that all footings are constructed outside the 10 foot drainage and utility easement along Walnut Lane, at least 25 -feet from the curb edge. 4. The encroachment into the setback will not increase. OLD BUSINESS INTERIM USE PERMIT — LESLEY TSCHERNE City Administrator Hedges provided background information regarding the request for a Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place. This item was previously discussed at the March 21, 2006 City Council meeting. City Planner Ridley provided a site location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow a kennel, by definition, upon residential property located at 3812 Blackhawk Ridge Place, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded against the property at Dakota County. 2. The premises are allowed no more than four (4) guest dogs at any one time. 3. The applicant must maintain a current kennel license issued by the City. 4. No full-time boarding of animals for commercial purposes may occur on this property. 5. The operations of the kennel must comply with the standards in Chapter 10 of the City Code regarding the keeping of animals. 6. The Interim Use Permit shall expire on April 18, 2011. NEW BUSINESS PRELIMINARY SUBDIVISION (OLDRE ADDITION) — HAFSTAD REALTY City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single-family lots upon one acre and a Variance.to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive. City Planner Ridley gave a staff report. Councilmember Carlson discussed the proposed driveway and additional curb cut onto Skyline Drive. She suggested that the driveway for the new lot be a shared driveway with the existing home. Wally Hafstad, representing the owners, of the property discussed the history of the property and the proposed subdivision. He stated he did not see a problem•with combining the driveways to prevent an additional curb cut onto Skyline Drive. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Oldre Addition) to create two single family lots upon one acre and a Variance to allow lots with less than 50' of public street frontage and a lot width less than 85 feet for property located at 2900 Skyline Drive, in the SE 1/4 of Section 4, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993; A1, B1, B4, C1, D1, E1. 2. The property shall be platted. 3. Architectural designs and construction methods for construction of a new single-family home on Lot 1 shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 4. The new house on Lot 1 shall be located so as not to create further erosion of the ravine banks. 5. The new house on Lot 1 shall be subject to stringent temporary and permanent erosion control measures to protect the ravine banks from erosion. An erosion control plan shall be submitted to City staff for approval prior to the issuance of a building permit for Lot 1. 6. An Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lot 1. Eagan City Council Meeting Minutes April 18, 2006 Page 4 7. A cash dedication in lieu of on-site water quality ponding should be required for this development. The dedication is payable at the time of final subdivision at the rates then in effect. . 8. This development shall be responsible for a cash parks and trails dedication on Lot 1, payable at the time of final plat at the rates then in effect. 9. The new house on Lot I shall have a shared driveway with the existing house with cross easements being created in a form acceptable to the City Attorney. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Variance request for an existing detached accessory structure exceeding 576 square feet in area for the existing single-family home at 2900 Skyline Drive. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE — EPIC DEVELOPMENT City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation of 4.4 acres from QP, Quasi -Public, to LD, Low Density residential; and companion items of a rezoning of 12.8 acres to R-2, a preliminary subdivision of 12.8 acres to create 30 lots; and a Conditional Use Permit & Variance for a free standing cell tower located west of I -35E and south of Deerwood Drive. City Planner Ridley gave a staff report. Perry Ryan, applicant, stated he prefers to install the public improvements privately with no assessments to the adjoining properties. He also discussed the conditions regarding erosion / sediment control plans and a cash dedication in lieu of treatment ponding. Several residents expressed their concern over the possible assessment for the public improvements, drainage issues, increased traffic in the area, and tree removal. City staff addressed the questions and concerns. It was the consensus of the Council that the developer be allowed to install the public improvements privately. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct that a Comprehensive Guide Plan Amendment to change the land use designation from QP, Quasi -Public, to LD, Low Density residential, upon approximately 4.34 acres located west of I -35E and south of Deerwood Drive be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — CITY OF EAGAN City Administrator Hedges discussed this item regarding an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (COD) in regard to design review due to the dissolution of the City's Economic Development Commission. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.60, Subd. 23, Cedar Grove District (CDG) in regard to Design Review and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 AUTHORIZATION FOR RESOLUTION OF GREYHAWK EASEMENT ACQUISITION City Administrator Hedges discussed a dispute that has arisen between the owner of a single family lot and the Greyhawk Homeowners Association concerning the private street and maintenance obligations, and the owner of the single family residence parking vehicles on his property in a location that obstructs the association's use of the trail. He outlined possible options for the Council to consider. Gary Fuchs, representing the Greyhawk Homeowners Association discussed the situation and stated that the homeowners simply wanted use of the trail as was intended when the property was developed. Mark Gergen, developer of the Greyhawk Addition stated that he took responsibility for not securing the trail easement prior to the sale of the single family property to a third party. He stated he would continue to work with the property owners to get the problems resolved. P7 Eagan City Council Meeting Minutes April 18, 2006 Pages All Jacob Inglesen, owner of the single family residence, stated that he felt he has been harassed over the trail issue by the residents in the homeowners association. He stated that he would not have purchased his home had he known about the trail easement. The Council discussed the matter and agreed that, if necessary, the trail easement could be acquired via eminent domain. They encouraged the developer to continue his efforts in acquiring the trail easement as an obligation of the development agreement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct staff to pursue the acquisition of a trail easement at the current trail location through eminent domain if after 30. days the developer has been unsuccessful in fulfilling the obligation of the development agreement. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE The regular City Council meeting was recessed at 8:50 p.m. and a meeting of the Economic Development Authority was immediately convened. The EDA immediately recessed to have a closed session (at the end of the regular City Council meeting) to discuss negotiations for the potential acquisition of the Kent Myers / Eagle Valley Bank property at 3900 Sibley Memorial Highway. The regular City Council meeting was reconvened at 8:51 p.m. ADMINISTRATIVE AGENDA Assistant to the City Administrator Dianne Miller discussed the recommendation of the Airports Relations Commission to proceed with Phase II of the Eagan Noise Study being conducted by Wyle Laboratories in regard to the opening of Runway 17/35. Councilmember Tilley moved, Councilmember Fields seconded a motion to directed staff to proceed with Phase II of the Noise Study: Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to, race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. P Agenda Information Memo May 2, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Seasonal Recreation Leaders— ACTION TO BE CONSIDERED: To approve the hiring of Erick Bertelsen, Steven Bringgold, Jenifer Culbertson, Katy Donndelinger, Nicole Farlee, Luke Garrison, Kristin Giles, Alyssa Kane, Kalin Laurent, Travis Laurent, Katherine Maruish. Dana Mueller, Jennifer Sparks, Amber Stevenson and Aleecia Svien as part-time seasonal recreation leaders. Item 2. Part-time Seasonal Recreation Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Kevin Blake, Stephanie Carll, Joe DeFrance, Angela Dooley, Laura FArlee, Meghan Galloway, Kaitlin Giles, Kassi Giles, Hillary'Haynes, Natalie Jones, Matt Mason, Kimberlee Maczko, Tiffany Maczko, Brenna O'Gorman, Rachel Spangler, Matt Steele, Kevin Stevenson, Iris Lynette Tej era and Megan Williams as part-time seasonal recreation assistants. Item 3. Part-time Seasonal Recreation Program Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Meghan Chappuis and Christie Mason as part-time seasonal recreation program assistants. Item 4. Part-time Guest Services Representative/Community Center -- ACTION TO BE CONSIDERED: To approve the hiring of Tina Tano as a part-time guest services representative at the Community Center. 0 Agenda Information Memo May 2, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 20, 2006 and April 27, 2006 as presented. ATTACHMENTS: • Check registers dated April 20, 2006 and April 27, 2006 are enclosed without page number. 40 Agenda Memo May 2, 2006 Regular City Council Meeting CONSENT AGENDA: D. Use of Community Center for Miss Eagan Pageant ACTION TO BE CONSIDERED: Approve the use of the Community Center at no charge for the Miss Eagan Pageant during the 4th of July festivities FACTS: • The 4th of July Committee is planning to continue the Miss Eagan Pageant as part of the July 4 Festivities again this year • The Committee is requesting use of the following rooms at no charge: ❖ Large meeting room for gown, speech and talent competition ❖ Three small rooms for girls dressing rooms ❖ One large conference room (upstairs) for Pageant Head Quarters for paperwork ❖ Lone Oak Room for Judge's interview room • The requested dates are: ❖ Wednesday, June 28th — 2:00 p.m. —11:00 p.m. ❖ Thursday, June 29th — 2:00 p.m. —11:00 p.m. • It has been past practice of the City to allow the 4th of July Committee to use the Community Center at no charge for this pageant r� Agenda Information Memo May 2, 2006, Eagan City Council Meeting E. _APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League. FACTS: ➢ The Twin Cities Good Time Softball League, a non-profit organization based in Minneapolis, has applied for a temporary on -sale liquor license to allow the sale of strong beer at their softball tournament, the North Star Classic, scheduled for May 27 and 28, 2006 at the Northview Athletic Fields. ➢ The North Star Classic tournament has been held in the City of Eagan since 2004. For the past two years, the organization was granted a temporary liquor license by the City to allow alcohol sales at this event. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public.Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Information required of temporary liquor licensees enclosed on page IL. u 2006 Northstar Classic May 27- 28, 2oo6 Additional information regarding bar/concessions operations at Northview Athletic Complex. Security Precautions ■ Security Personnel from the Minneapolis Gay go's will be checking identification and attaching wristbands to those of legal drinking age. Wrist bands will be provided by College City Beverage, Inc. of Northfield, MN. Signs will be posted at the entrance to the concessions area and the serving booth regarding Minnesota Statute(s) on alcohol sales and consumption. Please see attached example. Insurance Information ■ General Liability Insurance will be provided by Bollinger Insurance of Short Hills, New Jersey ■ Liquor Liability Insurance will be provided by Minnesota Joint Underwriting Association of Saint Paul, MN. ■ At time of this mailing proof of insurance information was not available but will be available prior to commencement of game play. Sales Area ■ Bar/concessions will be contained within the main complex by existing fencing and temporary fencing. ■ Area will be located on the West side of the complex, see attached photographs. ■ A bar/concessions manager will be provided by one of our sponsor bars staff. to Consent Agenda Information Memo May 2, 2006, Eagan City Council Meeting F. Acceptance of Dakota County grant to purchase public safety equipment. ACTION TO BE CONSIDERED: Accept a $4,000.00 Grant from Dakota County Impact Panel that was awarded to the Eagan Police Department to purchase public safety equipment. FACTS: • The Dakota County Impact Panel is an organization that was established to combat drunken driving violations. • New offenders are sentenced by the court system, to listen to persons who have been affected'by drunk driving offenders. This type of treatment is facilitated by the Dakota County Impact Panel. • Offenders who attend this panel must pay a fee to the Dakota County Impact Panel. • Fees'collected by the panel, are awarded to Dakota County Law Enforcement Agencies in the county by rotation. • In April, 2006, the City of Eagan was asked to accept a $4000 grant. • This grant was unsolicited. • The Eagan Police Department would utilize these funds for enforcement efforts. ATTACHMENTS: Copy of the letter from Sue Kirk of the Dakota.County Impact Panel Attachments on pagesI5—�-tlnvt[glr----- . April 13, 2006 Dear Lieutenant Jeff Johnson, The Dakota County Impact Panel meets every other month and DUI offenders are sentenced to attend the panel and listen to speakers whose lives have been impacted by drinking and driving. Our speakers are both offenders who've killed or injured someone and family members who have lost a loved one to drinking and driving. The offenders who attend this panel must each pay a fee. Each year we donate all of our money to a Dakota County Police Dept.. The amount of the grant is $4000. We rotate our donations every year to include different police dept. in the county. None of the police dept. solicits for the grant. We chose who will get the grant by rotation. Any further question please contact Sue at 651-4514858. Sue Kirk Dakota County Impact Panel Agenda Information Memo May 2, 2006 Eagan City Council Meeting G. CONTRACT 05-08 LONE OAK DRIVE AND LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 05-08 (Lone Oak Drive and Lone Oak Parkway - Trail Improvements), to Max Steininger, Inc., for the. base bid in the amount of $128,541.00, and authorizethe Mayor and City Clerk to execute all related documents. FACTS: • Contract 05-08 provides for the installation of bituminous trail improvements along the west side of Lone Oak Drive (Lone Oak Road to Lone Oak Parkway) and the east side of Lone Oak Parkway (Lone Oak Drive to Northwest Parkway) as petitioned by CSM Corporation. • On July 19, 2005, the City Council held a public hearing for Project 922 and approved the project and authorized preparation of detailed plans and specifications. • On March 6, 2006, the City Council approved Project 937 and authorized to the preparation of detailed plans and specifications. • CSM Corporation has executed an agreement providing for a public/private partnership for the construction of a trail along the west side of Lone Oak Drive (Prof 922) and the east side of Lone Oak Parkway (Prof 937). The agreement states that CSM Corporation will pay the full construction costs of the trail via special assessments and waive their rights to a public hearing. The city will finance the costs of the engineering design, inspection and construction/contract management (performed by City personnel). • On March 21, 2006, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 05-08. At 10:30 a.m. on .April 20, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids ' have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Max Steininger, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 14P BID SUMMARY Lone Oak Drive and Lone Oak Parkway Trail Improvements City Project No's. 922/ 937 - City Contract No. 05-08 Bid Date: Thursday, April 20, 2006 Bid Time: 10:30 a.m. 1) Contractors Max Steininger, Inc Total Base Bid $128,541 2) Barber Construction Inc $138,276 3 Valley Paving Inc -$140,030 4) Bituminous Roadways Inc $141,269 5) McNamara Contracting, Inc $156,104 6) Northwest Anhalt Iric $161.601 7) FPI Paving Contractors Inc $170,299 8) Hardrives Inc $175,190 Contract 05-08 Lone Oak Drive and Lone Oak Parkway Trail Improvements Low Base Bid $128,541 Feasibility Report Estimate $ 153.490 Percent Under (-) Estimate -16.3% Engineer's Estimate $165,995 Percent Unde(-) Estimate -22.6% 17 Agenda Information Memo May 2, 2006 H. PROJECT 938 NICOLS ROAD PIN OAK DRIVE TO CLIFF ROAD SIDEWALK IIyIPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility. Report for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) and schedule a public hearing to be held on June 6, 2006. FACTS: • On September 6, 2005, City staff received a petition containing 17 signatures representing 11. properties along Nicols Road, requesting sidewalk improvements, along the east boulevard of Nicols Road from Pin Oak Drive to Cliff Road. • After reviewing the petition, staff requested that the petitioners collect signatures from additional property owners along the east side of Nicols Road who would be impacted by the construction of a sidewalk. The requested information was received from the petitioner on September 28, 2005. • On October 18, 2005, the City Council received the petition and authorized the preparation of a feasibility report by the City Engineer for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road). • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, June 6, 2006. • Nicols Road, from Pin Oak Drive to Cliff Road, is designated a minor collector roadway in the City's Comprehensive Guide Plan. According to the City's Special Assessment Policy, the City's Major Street Fund pays all costs associated with the installation of sidewalk adjacent to minor collector roadways with no special assessments. • An informational neighborhood meeting will be held with the adjacent property owners prior to a public hearing to review and discuss the proposed improvements. ISSUES: • The proposed sidewalk was initially anticipated to be constructed on the east side of Nicols Road. Letters were sent to adjacent property owners on the east side seeking their comments on this potential sidewalk location. After identifying the impacts of the proposed construction and discussions with impacted property owners, it was determined that an analysis of the impacts of constructing the sidewalk on the west side of Nicols Road should be performed. Letters were sent to adjacent property owners on the west side of Nicols Road as well as those individuals who signed the original petition seeking their comments on this revised location of the proposed sidewalk. Feedback was then received from impacted property owners on the west side of Nicols Road. The resultant recommendation is to construct a segment of the sidewalk on the east side of Nicols Road (from Pin Oak Drive to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide better crossing opportunities for pedestrians and bicyclists using the proposed sidewalk.. • On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segment, the trailpolicy evaluation indicated a medium to, high ranking. The requested segment of sidewalk is not included in the City's Transportation Trail System. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 1(? Agenda Memo May 2, 2006 Eagan City Council Meeting I. COMPREHENSIVE TRANSPORTATION PLAN ACTION TO BE CONSIDERED: Authorize -the preparation of an update of the Comprehensive Transportation Plan by SRF Consulting Group, Inc. in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Under the Metropolitan Land Planning Act, local communities must prepare and submit to the, Metropolitan Council local comprehensive plans that are consistent with the Council's regional system plans. The new or updated local comp plans will be due in 2008. • responsible for regional planning The Metropolitan Council is including aviation, highway, and transit systems as well as transit operations. The Council is the designated Metropolitan Planning Organization (MPO) for the Twin Cities metropolitan area, and is required by the federal government to provide a continuing, coordinated, comprehensive transportation planning process. • Federal law and regulation require that, every metropolitan area over 50,000 population must have a continuing, coordinated and comprehensive transportation planning process in order to receive any federal transportation funds. • The Metropolitan Land Planning Act requires that "within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan" and "shall have submitted the plan to the Metropolitan Council for review". • The City of Eagan has been developing since the late 1950s. To accommodate this growth, an extensive transportation system was constructed over the years based on various related transportation plans. The current Transportation Plan was updated in 1999 for the City of Eagan 2000 Comprehensive Guide Plan. • The total cost of the preparation of the Transportation Plan will be $54,348. The fee would be charged to the Major Street Fund. • The City received the metropolitan system statement September 12, 2005, and has until 'September 12, 2008 to update its plan, including the transportation plan element. Therefore, it would be appropriate for the Council to authorize preparation of the transportation plan element of the comprehensive plan at this time in order to meet this schedule. Agenda Memo May 2, 2006 Eagan City Council Meeting J. COMPREHENSIVE SANITARY SEWER & WATER PLANS ACTION TO BE CONSIDERED: Authorize the preparation of updates of the City's Comprehensive Sanitary Sewer Plan and Water Supply and Distribution Plan by Bonestroo, Rosene, Anderlik and Associates in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to. execute all related documents. FACTS: The Metropolitan Council is responsible for planning of the regional water supply for the seven -county metropolitan region. It is also responsible for the operation and maintenance of eight wastewater treatment plants in the Twin Cities, which treats most of the wastewater from the seven -county metro region. Under the Metropolitan Land Planning Act, local communities must prepare and submit to the Metropolitan Council local comprehensive plans that are consistent with the Council's regional system plans. The new or updated local comp plans will be due in 2008. The Metropolitan Land Planning Act requires that "within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan" and "shall have submitted the plan to the Metropolitan Council for review". • The City of Eagan has been developing since the late 1950s. To accommodate this growth, an extensive sanitary sewer and water infrastructure system was constructed over the years based on various related sanitary sewer and water system plans. The most recent Comprehensive Sanitary Sewer plan update occurred in 2000, while the current Water Supply and Distribution Plan was last updated in 1996. With 99% of our city's sanitary sewer system installed, the total cost of the preparation of this final amendment to our Sanitary Sewer Plan will be $15,000. The fee would be charged to the Trunk Sanitary Sewer Utility Fund. The update of the Water Supply and Distribution Plan will include much more detail and computer modeling analysis and accordingly will have a higher cost of $43,000. This fee would be charged to the Trunk Water Utility Fund. • We anticipate that these will be the last major updates per for these Comprehensive Plans based on the degree of development that currently exists. • The City received the metropolitan system statement September 12, 2005, and has until September 12, 2008 to update its plan, including sanitary sewer and water supply & distribution plan elements. Therefore, it would be appropriate for the Council to authorize preparation of these elements of the comprehensive plan at this time in order to meet this schedule; nD Agenda Information Memo April 18, 2006 K. PEDESTRIAN COUNTDOWN INDICATIONS ACTION TO BE CONSIDERED: Authorize the installation of Pedestrian Countdown Indicators on the traffic signal at the intersection of Trunk Highway 13 and Silver Bell Road. FACTS: • Some pedestrians do not understand the international pedestrian crossing symbols at traffic signals and therefore cannot make informed judgments about adequate time available to cross a signalized intersection. The countdown pedestrian indication (CPI) provides pedestrians with additiona1 information, specifically a descending numerical countdown of the flashing hand clearance interval, which indicates to the pedestrian the remaining time available for their safe crossing and is intended to be intuitively understood. With this additional information, the pedestrian can make better decisions about their crossing time and speed. • The Minnesota Department of Transportation (Mn/DOT) completed a study of CPI's to determine whether the new pedestrian indication was understood by pedestrians. The results of the study determined that the additional information provided by CPI's was intuitively understood and used successfully by pedestrians. • A more extensive study of CPI's was conducted in San Francisco, CA and found that CPI's were associated with a decrease in pedestrian injuries and fewer pedestrians finishing their crossing maneuver on red. • Both studies found minimal maintenance impacts from the installation of CPI's. • Mn/DOT Electrical Services Section (ESS) will furnish and install the CPI's, with a total estimated cost of $2,300. This cost will split evenly between Mn/DOT and the City of Eagan, with each agency contributing $1,150 for the CPI's. The City's portion of the cost would be paid from the Traffic Signal Maintenance fund.. �kl Agenda Information Memo May 2, 2006 Eagan City Council Meeting L. WETLANDS. EXEMPTION - UTILITY PIPELINE UPGRADE ACTION TO BE CONSIDERED: Approve the exemption of wetland activity within Public Right -of -Way for the purpose of utility pipe replacement and authorize the Water Resources Coordinator to execute all related documents. FACTS: • Xcel Energy has applied for a Certificate of No -Loss or Exemption in accordance with the Minnesota Wetland Conservation Act (WCA) to allow work on an existing 26" gas pipeline in the public right-of-way along Highway 13. • The pipeline currently supplies' natural gas to St. Paul at a pressure of 350 psi for domestic/household purposes. As part of the conversion of the currently coal fired High Bridge Generating Plant to gas fired fuel as part of the Metro Emissions Reduction Project, this existing pipeline will also supply the gas for this plant. In order to adequately provide for the power plant the pressure will be increased to 690 psi. • The purpose of the construction activity along Highway 13 is to remove and seal abandoned farm taps and replace segments of the existing pipe, as needed. The utility work within the area of the wetland delineation will actually involve directionally drilling under the wetland. • WCA rules provide that the local government unit (LGU) is responsible for wetland - related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining. approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • There will be no net loss of wetland as a result of the construction and only minimal impacts to wetlands along the pipeline route. • WCA provides an exemption for public works and utility related activities under MN Rules 8420.0122 S'ubp 6.B and E. The Xcel Energy application has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Request Letter, pages o(3 and. 04/27/2006 675+675+5360 13:22 EAGAN MAINTENANCE + CITY HALL DNSTR Xcel Energys° March 27, 2006 NO. 311 414 NicolleT Mail Minneapolis, Minnesota 55401-1993 Mr. Eric Macbeth Ms. Sue McDermot Gun Club Lake WMO Gun Club Lake WMO City of Eagan City of Mendota Heights 3501 Pilot Knob Road 1101 Victoria Curve Eagan, MN 55122 Mendota Heights, MN 55118 Subject: Application for Certificate of No Loss or Exemption Xcel Energy is proposing to upgrade 9.5 miles of an existing 26 inch gas pipeline by increasing the pressure In the line from 350 psig to 690 psig in order to supply gas to our High Bridge Generating Plant in St. Paul, Minnesota. This pipeline has been in its current location sin, ce 1952. The High Bridge Plant is being changed from coal fired to natural gas find as part of the Metropolitan Emissions Reduction Program (MERP). Consequently, Xcel Energy has a need to upgrade this gas line to provide additional fuel for this plant. The increase in pressure in the existing line necessitates removal of abandoned faun taps and replacement of some sections of the pipeline. Construction methods for the pipeline project include trench and fill and directional bore. Included are maps showing the project area and Plan and Profile sheets showing project elevations and wetland areas. (Figures 1 to 44) There are no DNR protected waters located within the project area (Figure 45). National Wetland inventory maps are included in Figures 46 to 50. Only one Wetland area is identified on the NWI maps (Figure 49). This area is a MN Department of Transportation (DOT) recharge pond which will be directional bored under. The DOT has been contacted regarding this pond and has no issues with Xcel Energy boring under it. This project should be exempt as per Exemption Standards in MN Rules 8420.0122 Subp 6 B and E. An Application for Certification. of No Loss or Exemption is included with this letter. All BMPs will be implemented and maintained during construction in and around the pipeline area. r)n K. 04/27/2006 13:22 EAGAN MAINTENANCE 4 CITY HALL DNSTR If you need a site visit to make your determination or if you have any questions, please call me at (612) 330-6743. A quick approval of this project would be greatly appreciated. Please send the Notice of Decision to me at the above address. Sincerely, Sharon Sarappo Senior Environmental Analyst Attachments 1 —Application for Certificate.of Exemption 2 — Cedar Gas Pipeline project area 3 — DNR Protected Water Inventory map 4 r- US FINNS NWI Maps 5 — Soil Survey Maps cc: Jim Bodensteiner. (w/o attach) Roger Clarke (w/o attach) Bary Simonson -- Rice St SC (w/o attach) ES Records Center — High Bddge/MERP/Cedar Gas Pipe -dWQaepOwOkR6-d- .-)L NO.311 D02 Agenda Information Memo May 2, 2006 Eagan City Council Meeting M. WETLAND DELINEATION - NATURE'S POINT ACTION TO BE CONSIDERED: Receive and Affirm the Wetland Delineation Report for Parcel Nos. 10-02000-070-75 and 066-75 and Taconite Trail Public Right -of -Way. FACTS: • Epic Development has applied for a Preliminary Planned Development (Nature's Point) for the properties addressed as 4026 Blackhawk Road, 1620 Deerwood Drive, and 1720 Taconite Trail. The developer is planning to construct 28 twinhomes upon the three parcels. • On April 18, 2006, the City Council approved the requested Comprehensive Guide Amendment required for the development of the properties for submittal to the Metropolitan Council for review and approval. • Wetland delineation reports were submitted as part of the developer's application for the Preliminary Planned Development. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • Ori November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated August 2004 was submitted by Peterson Environmental Consulting (Professional Wetland Scientist # 001118) for this site. The Water Resources Coordinator has field verified and confirmed the delineations. Neither wetland is proposed to be impacted by draining, filling.or excavation. On March 20, 2006 meeting, the Advisory Parks Commission recommended approval of the wetlands delineation report. The report has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Site Plan, pag�. • Pictometry View, page JC27—. nc�– low VI p ' -- 91 I6 7Sd9�%�� ' I It a / / LU PIAT DETAIL DEVELOPMENT DATA /FLF- \ / `> ' ! 1 (n / \ 5 ' / \ \ / /allow j LEGAL DESCRIPTION �•Mn9,pP aebYR 1bY• b b r� / \ y • `` % / /� / 1 ' A/,.' a \ I 751 6 7 cor ' O vEID r-:Adi o 1 zoo \ SW PLAT OETAI- AW4E LEFT �. Engineering wow—ems E. rest y.new•/p��r•• HATUWS FoKr WTii w/MI��� EMmMN for SEPIC .. R�YlArCYYO 9� Prefth ry P-2 Agenda Information Memo May 2, 2006, Eagan City Council Meeting N. ACTION TO BE CONSIDERED: To authorize the submission of a letter supporting the implementation of the First Phase development of the Cedar Grove West Transit Station. FACTS: The City of Eagan has established a vision for the Cedar Grove Redevelopment Area as a transit oriented and pedestrian oriented development, including plans for a full service transit station to be a part of the implementation of the development. A The City has also worked closely with MVTA, Dakota County and other cities to promote and pursue implementation of the Cedar Avenue BRT project. In particular, the City has cooperated with the MVTA in a consultant study to refine the concept for short and long term development of the transit station. The preliminary results of that project were reported to the MVTA Board at its meeting of April 26, 2006. ➢ The study conclusion is that the most feasible alternative is to develop a transit station at the west end of the Cedar Grove Redevelopment Area in excess right of way lying between Cedar Avenue and Nicola Road. In the first phase, the station would consist of 140 surface parking stalls and a. station/waiting area on Nicols Road. In the second phase, a BRT platform would be .constructed in the median between. the north and southbound lanes of Cedar Avenue, the parking would be expanded to over 200 stalls and a pedestrian bridge would be built between the parking area and the new BRT platform. Decisions regarding future funding of construction of the phases will be made by the MVTA and the Cedar Corridor Transit Group. If MnDOT approves the study conclusions and concludes that the proposed construction can be accomplished while leaving sufficient right of way for fiture Cedar Avenue needs, it is possible that the property necessary to implement the first phase transit station could be transferred from MnDOT to the appropriate recipient (MVTA, Dakota County or Met Council) in the near term and that construction of the first phase transit station could be programmed within the next year or two. While the formal process by which those decisions would be sequenced is not yet determined, staff is requesting Council consideration of authorization of the submission of comments to MVTA, Dakota County, Met Council and any other appropriate agency encouraging decision makers in those agencies to allocate funds and program improvements to have the first phase of the transit station in place at the earliest practical time, both to solidify transit opportunities for current and new Cedar Grove residents in the near term and to begin investment in improvements that will facilitate the full BRT station's construction, when it is practical and feasible. ATTACHMENTS: ➢ Transit station concept illustrations on pageso through 36 Letter of support on page_ 0.6 0 M 13 CEDAR GROVE TRANSIT STATION STUDY. PHASE 12010: 123 PARKING STALLS PHASE 2 2020: 150 PARKING STALLS PHASE 3 2030 204 PARKING STALLS SCALE: 1 1 = 50P-01 PRELIMINARY REVIEW PHASE 2 ALTERNATE B fiEETING APRIL 13, 2006 "TmEIDA SiGHM-AMMIS-PLAN NERS CEDAR AVENUE BRT TRANSIT STATION EAGAN,MN ,V May 3, 2006 Pat Geagan MAYOR Beverly Miller Peggy Carlson Minnesota Valley Transit Authority 100 E. Highway 13 Cyndee Fields, Burnsville, MN 55337 Mike Maguire Meg Tilley Dan Krom COUNCIL MEMBERS Dakota County Dept of Physical Development 1590 Highway 55 Hastings, MN 55033 Thomas Hedges Cmt AomuushwAmn Dear Beverly and Dan: In follow up to the Minnesota Valley Transit Authority Board action. of April, 26, 2006 approving the amended Scope of Work for TKDA relative to its planning study of the Cedar Grove West Transit Station, the Eagan City Council took action at its meeting of May 2, 2006 to support the implementation of the development of the first phase of the Cedar Grove Transit Station at the location identified in the TKDA study. The City understands .that substantial work remains to facilitate the transfer of the property from MNDOT to the appropriate agency, to complete detailed MUNICIPAL CENTER engineering and design and to incorporate the project into a construction schedule and the Council strongly encourages the appropriate bodies and agencies take the steps necessary to 3830 Pilot Knob Road accomplish those steps as expeditiously as possible. Eagan, MN 551 22-1 81 0 651.675.5000 phone With progress that has been made on the west location of the transit station, the City is stepping back from its earlier support for a transit station in the east part of Cedar Grove and would ask 651675 5012 fax that Dakota County and the Cedar Avenue BRT Group consider reallocating funds that are 651.454.8535 TDD earmarked in the budget for construction of an east station to the early implementation of the west station's first phase. The City very much appreciates the hard work and cooperation that its partners have applied in MAINTENANCE FAmLm this effort and look forward to our continued cooperation in bringing about the short and long-term 3501 Coachman Point transit improvements in the Cedar Grove area. Eagan, MN 55122 N If you have questions concerning the City Council action or this letter, please contact our City 65Eaga 53 phone Staff. 651.675.5360 fax 651.454.8535 TDD Sincerely, Pat Geagan www.efiyofeagen.com Mayor PG/ce cc: Peter Bell, Metropolitan Council, Mears Park Centre, 230 E 5th St, St Paul MN 55101 THE LONE OAK TREE { The symbol of strength and growth in our community. ,V Agenda Information'Memo May 2, 2006, Eagan City Council Meeting O. APPROVE COMMENTS REGARDING ROSEMOUNT COMPREHENSIVE GUIDE PLAN AMENDMENTS ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Hwy 3 and US 52. FACTS: ➢ The City of Rosemount has distributed notices of Comprehensive Guide Plan Amendments to reguide and/or extend the MUSA line for two properties located on Hwy 3 and three properties on US 52. One of the properties will is for a residential subdivision and the other two are for commercial industrial uses. Adjacent municipalities and affected agencies.may comment on such amendments. While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf The City of Eagan is recognizes that pressure for development will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development that will affect Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities,.Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the Countyaand region between County Road 42 and I494. ATTACHMENTS: Rosemount Comprehensive Plan Amendment available upon request. 30, Agenda Information Memo May 2, 2006 Eagan City Council Meeting P. ACCEPT RESIGNATION OF JENIFER MATTHEES FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Jenifer Matthees from the Advisory Planning Commission.. FACTS: ➢ 'Eagan Advisory Planning Commission member Jenifer Matthees informed staff that she will be resigning from the APC due to her upcoming move from Eagan to Winona, where she will be attending graduate school. ➢ Ms. Matthees noted the wonderful experience she has had on the APC over the past two years. ➢ A two-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. ATTACHMENTS: ➢ Enclosed on page is a letter of resignation from APC Commissioner Jenifer Matthees. 33 To: City of Eagan Council Members CC: City of Eagan Staff Advisory Planning Commission Members From: Jenifer Matthees Date: 4/27/2006 Re: Resignation from Advisory Planning Commission This memo is my formal resignation from the Eagan Advisory Planning Commission. I am in the process of selling my home and moving from the area to attend graduate school in Winona. While thii resignation saddens me and I will truly miss Eagan as my home, I am excited to see what awaits around;the comer. I hoped to continue my term until my residency status changed but in reflection it ismy hope this immediate resignation will aid in selection of a new member given the city is currently in appointment planning for commissions. Therefore, please accept this memo as my My time .on the Commission has been a wonderful experience and opportunity to be a part of a community I take pride in. I have valued the knowledge, expertise and professionalism the city staff have shown and feel honored to have been a part of the city process. I have also valued the commission member's strengths, insights and civic ethics as this diverse commission handled challenging agendas. This was truly a journey I enjoyed. I wish you all continued success in keeping and increasing Eagan's strong community involvement and exemplary community planning. Sincerely, Jenifer Matthees Agenda Information Memo May 2, 2006 Eagan City Council Meeting Q. ACCEPT RESIGNATION OF DUEY BENDT FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Duey Bendt from the Advisory Planning Commission. FACTS: ➢ Eagan Advisory Planning Commission member Duey Bendt has informed staff that he will be resigning from the APC to enjoy retirement, which includes increased time being spent with his family at their cabin in northern Minnesota. ➢ Mr. Bendt noted the wonderful experience he has had on the APC over the past five years, and thanked the City for the opportunity to serve. ➢ . A one-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. Agenda Information Memo May 2, 2006, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT BOARD UP SERVICE BILL ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up service bill and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection, through certification, of delinquent board up service bills which are not paid. ➢ At the April 4, 2006 City Council meeting, a public hearing was scheduled for the May 2, 2006 City Council meeting. ➢ A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ The City currently has one delinquent board up service bill. The assessable amount of this bill is $445.00. This item is in order for certification to the County. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ The only assessable property is 10-16901-020-01. ATTACHMENTS (0): Agenda Information Memo May 2, 2006 Eagan City Council Meeting PUBLIC HEARINGS B CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the April 4t' City Council meeting, a public hearing was scheduled for the May 2, 2006 City Council meeting. • The City currently has approximately 446 utility bill accounts with delinquent payments. The assessable amount of these accounts is $83,260.62. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages 1? through . �`37 27. -APR -2006 (09:03) page 1 of 17 REPORT SORTEL BY ACCOUNT NUMBER ACCOUNT -NUMB --------- --------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS --------------------------- ASSESS -AMT 1010510404 101670310008 214.18 AC 239.18 1010560902 101670305008 201.41 AC 226.41 1010690405 101670337008 163.36 AC 188.36 1010900703 101670316008 101.25 AC 126.25 1020540903 101670131007 80.84 AC 105.84 1020550801 101670130007 177.86 AC 202.86 1030330304 101670106005 181.30 AC 206.30 1030930005 101670107002 31.06 AC 56.06 1030950805 101670105002 103.85 AC 128.85 1031110803 101670116004 163.24 AC 188.24 1031250203 101670102004 194.11 AC 219.11 1040050501 101670102001 118.41 AC 143.41 ,1040250104 101670129001 170.78 AC 195.78 1040450702 101670109001 129.73 AC 154.73 1040940701 101670311003 - .80 AC 25.80 1041040503 101670301003 76.75 AC 101.75 1050070004 108460007005 217.00 AC 242.00 1050380303 108460001004 142.97 AC 167.97 1050850504 108460027002 126.61 AC 151.61 1650980002 108460018002 68.52 AC 93.52 1060110202 103230011000 117.23 AC 142.23 1060310803 102488005001 130.57 AC 155.57 1060630904 102488001005 83.16 AC 108.16 1060650.701 102488021005 216.54 AC 241.54 1070100103 108435101001 94.08 AC 119.08 1070120904 108435103001 108.28 AC 133.28 1070440103 108435126002 84.60 AC 109.60 La 27 -APR -2006 (09:03) page 2 of 17 SPORT SORTED BY ACCOUNT NUMBER :COUNT -NUMB ----------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT-------- - )70450001 108435127002 103.48 AC 128.48 370670305 108435302003 294.68 AC 319.68 D90070201 108435408001 164.92 AC 189_92 090510702 108435417003 175.02 AC 200.02 091050304 108425020001 332.59 AC 357.59 091090903 108425008004 95.49 AC 120.49 091290506 108425015003 232.83 AC 257.83 100130208 108460108007 222.32 AC 247.32 100310004 108460111002 152.88 AC 177'88' 100490008 108460113001 49.87 AC 74.87 100520408 108460111001 189.19 AC 214.19 .101060006 108460204004 60.09 AC 85.09 .110090602 108460233003 68.06 AC 93.06 .110630908 108460224002 86.10 AC 111.10 .110780205 108460212002 .73 AC 25.73 -111590401 104725129001 253.59 AC 278.59 L111740501 104725114001 199.58 AC 224.58 L111800702 104725108001 191.45 AC 216.45 L120560602 106440007004 244.31 AC 269.31 1130320308 101710001104 100.05 AC 125.05 1130840004 101710403002 67.24 AC 92.24 1140500803 108435518003 172.98 AC 197.98 1150010503 .108425116001 270.76 AC 295.76 1150620101 108425107004 218.61 AC 243.61 1150750604 108425205002 161.70 AC 186.70 1170080404 104805003501 43.35 AC 68.35 1170340205 104805001001 102.93 AC 127.93 La EPORT SORTE,. 8Y ACCOUNT NUMBER 27 -APR -2006 (09:03) page 3 of 17 .CCOUNT-NUMB ---------------=------------------------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 170590202 104805007002 67.29 AC 92.29 171390605 104805009601 108.81 AC 133.81 .171400302 104805009501 182.35 AC 207.35 .171430002 104805009201 83.03 AC 108.03 .171980402 107297506002 48.49 AC 73.49 .172000002 107297508002 178.39 AC 203.39 .172670002 107297615001 308.20 AC 333.20 173130401 107297602006 47.07 AC 72.07 .173170002 107297606006 194.68 AC 219.68 .173750902 107297902003 102.54 AC 127.54 .174360602 107297703101 106.41 AC 131.41 .174390304 107297704201 159.96 AC 184.96 .180600702 101350026003 70.25 AC 95.25 _181380502 101350006009 89.72 AC 114.72 L181690703 101350011006 81.63 AC 106.63 L190110504 101500307001 53.40 AC 78.40 L200730802 108195016001 271.01 AC 296.01 L200820707 108195007001 256.03 AC 281.03 1201370205 108195005205 144.84 AC 169.84 L201770303 108195005006 73.26 AC 98.26 1201820604 107700006001 109.11 AC 134.11 1202220804 107585202001 228.65 AC 253.65 1202608403 106272500602 829.43 AC 854.43 1210070704 101715030002 246.12 AC 271.12 1210110103 101715026002 74.71 AC 99.71 1210.120004 101715025002 62.27 AC 87.27 1210190307 101715016002 2.06 AC 27.06 27 -APR -2006 (09:03) page 4 of 17 ?ORT SORTED BY ACCOUNT NUMBER ZOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT - 10420405 101715011003 30.60 AC 55.60 11070605 101715315001 16.88 AC 41.88 11780002 101635017002 245.16 AC 270.16 11810505 108355003003 134.58 AC 159.58 12040805 108355015004 209.89 AC 234.89 12180201 108355001004 223.20 AC 248.20 13330203 105380111201 176.97 AC 201.97 13340105 105380111101 184.21 AC 209.21 13380703 105380113201 214.10 AC 239.10 :13450808 105380102102 369.53 AC 394.53 :13500006 105380104202 36.12 AC 61.12 320130703 106580006003" 185.28 AC 210.28 320350102 105621006002 153.59 AC 178.59 320500104 103059001001 115.27 AC 140.27 220520902 104430001002 268.05 AC 293.05 2221050605 105615006001 193.74 AC 218.74 221060503 105615007001 211..09 AC 236.09 221271804 105210035002 103.89 AC 128.89 221540604 105210021002 139.30 AC 164.30 221570305 105210018002 192.17 AC 217.17 222250103 105210010005 79.95 AC 104.95 222800302 105210003006 344.98 AC 369.98 223170001 107298810001 23.47 AC 48.47 223380503 107298802004 316.08 AC 341.08 223880401 102580015002 206.05 AC 231.05 224270702 102580001006 188.33 AC 213.33 224730004 107299605001 146.25 AC 171.25 EPORT SORTh- BY ACCOUNT NUMBER 27 -APR -2006 (.09:03) page 5 of 17 CCOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT - ------------------------------------------------------------------------------------------------------------.------------------- 228067303 105615105003 324.53 AC 349.53 230060405 103980102002 154.59 AC 179.59 230110706 103980103003 31.04 AC 56.04 230370701 103980101010 35.93 AC 60.93 230570203 103980013001 97.94 AC 122.94 .231020705 103980204004 156.64 AC 181.64 .231330002 103980202011 21.50 AC 46.50 .231740006 103980304009 195.67 AC 220.67 .240340803 104420002001 166.56 AC 191.56 .242950204 104507005002 298.23 AC 323.23 .243010402 104507101002 229.86 AC 254.86 .246200802 104509010002 324.58 AC 349.58 .250500406 107595003003 184.34 AC 209.34 _25150030.2 107595112001 8.48 AC 33.48 X253060602 107586541002 182.69 AC 207.69 L260120904 101660001201 157.59 AC 182.59 L260140705 101660101201 152.68 AC 177.68 L260550705 101660007002 91.48 AC 116.48 1260830306 101660204001 197.90 AC 222.90 1260880802 101660209001 143.66 AC 168.66 1260920205 101660212102 181.72 AC 206.72 1261040809 101660206202 153.86 AC 178.86 1261120806 101660202102 112.43 AC 137.43 1261200810 101740014800 90.80 AC 115.80 1261350106 101740016000 1.14 AC 26.14 1261370904 101740016400 82.30 AC 107.30 1261490503 101740018400 110.78 AC 135.78 ID 27 -APR -2006 (09:03) page 6 of 17 ?ORT SORTED BY ACCOUNT NUMBER :OUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT ------------------------------------- ---------------------------------------------------------------- 101740020000 135.04 AC 160.04 101740016800 155.17 AC 180.17 101740004002 119.76 AC 144.76. 101740008201 159.91 AC 184.91 101740008101 72.08 AC 97.08 101740227002 333.72 AC 358.72 101740204203 25.91 AC 50.91 101740206102 101.73 AC 126.73 101740204104 66.67 AC 91.67 101740202104 212.15 AC 237.15 101740303201 161.07 AC 186.07 101740404201 102.41 AC 127.41 105220003001 187.35 AC 212.35 105220002001 107.66 AC 132.66 108395208002 124.99 AC 149.99 108395204002 224.77 AC 249.77 106398011001 178.99 AC 203.99 106398004002 200.16 AC 225.16 106398004008 201.62 AC 226.62 106398001010 219.95 AC 244.95 106398104002 104.62 AC 129.62 106398103008 164.86 AC 189.86 106398301005 59.52 AC 84.52 106398301012 233.84 AC 258.84 106398404011 90.77 AC 115.77 106398401003 104.14 AC 129.14 105675001006 221.81 AC 246.81 :SPORT SORTED,.. BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 7 of 17 ,CCOUNT-NUMB ----------------------------- PID ----------------------------------------------------------------------------------------------------- AMT -OPEN ACCOUNT -STATUS ASSESS -AMT .282680601 105675001002 128.02 AC 153.02 .282700201 105675003004 68.60 AC 93.60 .282720002 105675001004 136.58 AC 161.58 .283110303 105675005002 179.74 AC 204.74 .28343.0502 101375022002 70.46 AC 95.46 .283610203 101375016003 218.80 AC 243.80 .283690403 101375021004 197.83 AC 222.83 .283830606 101375001002 220.04 AC 245.04 .283870202 101375005002 232.25 AC 257.25 _290400903 102275001002 139.17 AC 164.17 _290610302 102275020001 61.65 AC 86.65 L290950304 102275018003 151.58 AC 176.58 L291300002 102275030002 217.17 AC 242.17 L300210001 105670002003 202.99 AC 227.99 L300390002 107820002005 114.53 AC 139.53 L300440302 107820006003 251.77 AC 276.77 L300800804 107820109001 155.59 AC 180.59 1302260301 102560004004 88.49 AC 113.49 1303020002 102560103004 158.14 AC 183.14 1310060705 101480106001 92.35 AC 117.35 1310740401 106585117001 187.32 -AC 212.32 1313160202 104433010001 77.02 AC 102.02 1313910002 108375031001 112.47 AC 137.47 1314570101 104509211002 204.95 AC 229.95 1314760801 104509301001 162.31 AC 187.31 1315590801 103215138002 97.46 AC 122.46 1317990801 104509407002 336.41 AC 361.41 27 -APR -2006 (09:03) page 8 of 17 :PORT SORTED BY ACCOUNT NUMBER :COUNT -NUMB ---------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT ------------------------------- ;18320702 104503004001 173.66 AC 198.66 119200001 105769003005 340.15 AC 365.15 320840001 104725316001 110.17 AC 135.17 321150301 104725347001 220.13 AC 245.13 321990202 104509602001 109.51 AC 134.51 322000901 104509603001 406.17 AC 431.17 323770602 105380200402 147.20 AC 172.20 324320901 108396104001. 483.84 AC 508.84 326470001 108465003001 157.81 AC 182.81 326680401 104995015001 104.62 AC 129.62 550180201 100250002327 25.38 AC 50.38 550860901 102090004003 33.80 AC 58.80 551060502 103325001001 54.88 AC 79.88 551260902 100390001005 36.73 AC 61.73 310340104 101670005001 234.76 AC 259.76 310510902 101670020002 212.22 AC 237.22 .310680002 101670012003 48.30 AC 73.30 :310840003 101670001008 95.44 AC 120.44 :310930906 101670009005 105.31 AC 130.31 !311200602 101670008006 233.36 AC 258.36 ?311240204 101670030005 125.16 AC 150.16 2311390505 101670013006 204.50 AC 229.50 2320490204 101670008010 2.17 AC 27.17 2320810102 101670215004 138.14 AC 163.14 2330080902 101665004001 68.17 AC 93.17 2330090802 101665003001 116.30 AC 141.30 2330410805 101670224008 71.13 AC 96.13 2EPORT SORTS,, BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 9 of 17 kCCOUNT-NUMB --------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2330580803 101670243008 134.54 AC 159.54 2330760602 101670201007 161.22 AC 186.22 2340691102 107550001001 15.41 AC 40.41 2340840403 101330003201 87.77 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BY ACCOUNT NUMBER kCCOUNT-NUMB --------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3691700312 108447202003 121.79 AC 146.79 3700370402 108361103501 441.57 AC 466.57 3700590703 108360203201 215.43 AC 240.43 3700670702 108361107501 1454.70 AC 1479.70 3700710107 108361111001 316.30 AC 341.30 3701120204 104506020002 225.05 AC 250.05 3701740701 104506008002 100.00 AC 125.00 3701890004 104506005009 184.91 AC 209.91 3710230805 107 2500 19004 62.55 AC 87.55 3710290204 107250025004 116.11 AC 141.11 3710510303 107250013001 78.19 AC 103.19 3710850303 107250021003 298.33 AC 323.33 3711540903 107250006004 127.78 AC 152.78 3711560704 107,250008004 176.25 AC 201.25 3711640702 107250011005 51.15 AC 76.15 3711690204 107250006005 328.29 AC 353.29- 3720651304 108442103001 388.06 AC 413.06 3750410703 101827517004 297.41 AC 322.41 3761100101 101499601010 172.30 AC 197.30 3770340207 104507504001 242.87 AC 267.87 3770800502 104507526001 235.59 AC 260.59 3770830203 104501523001 161.47 AC 186.47 3771980402 101970003002 173.58 AC 198.58 3780200601 104508026002 236.81 AC 261.81 3780890401 104508005001 116.13 AC 141.13 3781310204 104508101002 77.47 AC 102.47 3781610504 104507902002 138.86 AC 163.86 PORT SORTED BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 16 of 17 :!OUNT-NUMB ------------------------------------------------------------------------------------------.--------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 01070805 107587819001 601.54 AC 626.54 22520704 108373008002 77.23 AC 102.23 22610605 108373017002 58.33 AC 83.33 24740901 10184.0313003 197.90 AC 222.90 24900902 101840329003 126.74 AC 151.74 26180601 101460002001 599.89 AC 624.89 26181401 101460002001 288.95 AC 313.95 27290201 108360202101 146.31 AC 171.31 27300902 108360203101 166.83 AC 191.83 27310802 108360204001 217.56 AC 242.56 28910401 102880214001 252.79 AC 277.79 29300701 105340023001 115.70 AC 140.70 30520702 106480202001 243.05 AC 268.05 30560301 106480002001 285.24 AC 310.24 31150201 101705015001 178.56 AC 203.56 ;31510701 101847501001 82.20 AC 107.20 68042.56* <*> 140180008 101670136001 1565.79 CB 1590.79 .60210905 101775003002 46.32 CB 71.32 .71650306 107297501201 37.32 CB 62.32 _71650307 107297501201 19.59 CB 44.59 _73080104 107297901001 207.67 CB 232.67 ?31760803 103980302009 158.20 CB 183.20 .150060906 107595006001 73.05 CB .98.05 262360904. 101740010101 138.19 CB 163.19 262670106' 101740204203 74.22 CB 99.22 262700606 101740202203 76:98 CB 101.98 2EPORT SORTh_ BY ACCOUNT NUMBER 27 -APR -2006 (09:03) page 17-o . f 17 kCCOUNT-NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------------------------------------------- L263030704 101740208204 62.69 CB 87.69 1302710702 10256000.8003 63.63 CB. 88.63 1313380602 104433005002 162.32 CB 187.32 2340590505 101690102001 88.26 CB 113.26 2392110906 103295204010 135.17 CB 160.17 2400480607 107710001011 104.49 CB 129.49 2411930706 101439532001 119.75 CB 144.75 2490080506 103275001002 66.07 CB 91.07 2490390801 101870005001 141.68 CB 166.68 2490480702 101870022001 189.21 CB 214.21 3690.440702 107079010002 183.81 CB 208.81 3700380305 108361102501 167.36 CB 192.36 3702000504 104506004008 92.83 CB 117.83 3702300903 104506103001 25.88 CB 50.88 3770840101 104507522001 67.58 CB 92.58 4068.06* <*> 72110.62* 83260.62* Agenda Information Memo May 2, 2006 Eagan City Council Meeting C. VARIANCE — GRANITE CITY FOOD AND BREWERY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition for a parking lot expansion. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ In 2005, the subject site underwent an extensive remodel and conversion from a Sidney's Restaurant to a Granite City Food and Brewery. ➢ The applicant has stated that the existing parking spaces do not provide enough parking due to the success of their restaurant, and is proposing to reconfigure the existing parking area in order to add 31 stalls to accommodate patrons and provide better access for emergency vehicles. ➢ The proposed parking lot expansion would require an encroachment of up to 14 feet into the required 20 -foot parking setback from the Pilot Knob right -of --way. ➢ The applicant is proposing to replace the disturbed landscaping and provide additional screening from Pilot Knob Road. 60 DAY AGENCY ACTION DEADLINE: June 10, 2006 ATTACHMENTS (1): Planning staff report on pages 5�2 through &S— ,C:7C;— PLANNING REPORT CITY OF EAGAN REPORT DATE: April 20, 2006 APPLICANT: Granite City Food and Brewery PROPERTY OWNER: GC Eagan LP REQUEST: Variance LOCATION: 3330 Pilot Knob Road Lot 1, Block 1, Marice Addition COMPREHENSIVE PLAN: SA, Special Area ZONING: LB, Limited Business SUMMARY OF REQUEST CASE: 10 -VA -07-04-06 HEARING DATE: May 2, 2006 APPLICATION DATE: April 11, 2006 PREPARED BY: Erik Slettedahl The applicant is requesting approval of a Variance of 14 feet from the required 20 -foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition in the SW '/a of Section 10 to expand the existing parking area. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances. do not result from actions of the applicant. Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 2 of 4 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CGDE REQUIREMENTS City Code Section 11.70, Subd. 8, requires a 20 -foot parking surface setback from all public rights-of-way. City Code Section 11.70, Subd. 5, requires at least one (1) parking space for each three (3) seats based on capacity design. BACKGROUNDMISTORY The subject site was originally constructed in 1998 as a Sidney's restaurant and was operated as such until 2005 when the property underwent an extensive remodel and conversion to a Granite City Food and Brewery. The remodel was limited mainly to interior improvements with some exterior material changes. The basic footprint and parking lot configuration did not change. EXISTING CONDITIONS The subject site currently contains a 7,700 square foot full service restaurant/bar with a capacity of 251 and a parking area of 84 spaces. The existing parking area is currently setback 20 feet from the Pilot Knob Road right-of-way. There is a distance of 60 feet from the traveled edge of Pilot Knob Road and the subject property line. A 6 -foot high berm is located between the curb edge of Pilot Knob Road and existing parking area. The property owner also has a cross parking agreement with adjacent property owners for additional parking. S1 April 2005 -site pre -conversion Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 3 of 4 EVALUATION OF REQUEST Granite City is proposing a parking lot reconfiguration and expansion that would add total of 31 new spaces to the site. The proposed plan would remove the large planting island in the parking area north of the building and realign the drive aisle in a north -south direction. In order to accommodate an appropriate drive aisle width, the parking area would need to expand 9 feet into the required 20 -foot parking setback at this location. Also, 20 additional stalls are proposed at the west side of the building parallel to Pilot Knob Road. In order to accommodate an appropriate drive aisle width and parking stall size, the construction of these stalls would require an encroachment of 14 feet inside the required 20 -foot parking setback. This area will also encroach into the 10 -foot drainage and utility easement. Although the city typically allows parking lots located within these easements, the applicant should show proof that no utilities are located in this area. The proposed parking lot plan will require removal of some existing landscape material in the north parking lot and along Pilot Knob Road. The applicant has submitted a revised landscape plan, that shows the addition of 7 new overstory trees and extensive use of various low growing shrubs and perennials within the new planting islands. Also, the plan provides adequate screening of the west 200 feet of parking area along Pilot Knob with the addition of extensive new plant material in this location, inside the property line. It appears that the relatively large distance between the subject property line and the traveled curb edge of Pilot Knob Road, and additional landscaping will minimize the visual impact of the requested encroachment. APPLICANT'S ESTIMATE OF HARDSHIP The applicant would like to. provide additional parking to meet the demand of their new business. The applicant has stated that the existing parking spaces do not provide enough parking due to the success of their restaurant, causing patrons to use the ,city street, drive aisles, and fire lanes. The applicant believes that the additional parking will help alleviate these problems and provide better access to the site and adjacent properties for emergency vehicles. The applicant has also stated that the business will remain open during the construction period and all site work will be coordinated with the City of Eagan and Dakota County, implementing proper erosion control measures. SUMMARY/CONCLUSION Granite City Food and Brewery is requesting a maximum 14 -foot encroachment into the required 20 -foot parking lot setback from Pilot Knob Road to expand their parking lot. The applicant has stated that the amount of existing parking spaces is inadequate to accommodate the demand at Planning Report -Granite City Food and Brewery Variance Request May 2, 2006 Page 4 of 4 the subject site for better access for their patrons and emergency vehicles. The size of the existing site is limited; however, the underutilized portion of right-of-way in this location is relatively large, minimizing the visual impact from Pilot Knob Road. ACTION TO BE CONSIDERED To approve (OR direct findings of fact for denial) a Variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2.',, Prior to commencing grading and construction activities, the applicant shall show that no utilities are being impacted within the easement encroachment area along Pilot Knob Road. If utilities are impacted, the applicant shall move utilities at their own expense, if required. 3. The applicant shall replace and improve landscaping on the subject site in accordance with the submitted landscape plan dated April 11, 2006. 4. The applicant shall be responsible for obtaining any permits necessary from Dakota County and coordinating all site work with the City and County. 57 April 11, 2006 Request for Variance Granite City Food and Brewery 3330 Pilot Knob Road St. Louis Park, MN To whom it may concern, Granite City Food and Brewery (GCFB) requests a variance for parking setback for the above listed property. There is no request to modify any zoning classification. The Comprehensive Guide Plan designation is included in the special area with mixed use. The Zoning classification is unlimited business. The existing land use is for a restaurant which is an approved use for the site. GCFB intends to complete site construction drawings in April 2006 and start minor grading and new parking lot construction as soon as possible and allowed in May 2006. GCFB will remain open during site work and will coordinate work with City of Eagan and Dakota County. All site preparation work will be completed with erosion control measures implemented. The request for variance is based on the need for additional parking to provide ample public parking for a successful restaurant business. The existing 84 parking spaces do not provide the necessary amount of parking needed for a successful restaurant like GCFB. There is a cross parking easement with other adjacent properties though this is still exceeded at this time. The revised parking plan will maximize the amount of parking spaces by adding 31 new parking spaces but requires adjustment of the parking setback along Pilot Knob Road to be 6 feet and 11 feet in lieu of 20 feet. This will provide 116 parking spaces on the GCFB property. The request for variance is required because there are site issues created by the limited parking. Patrons are parking on the side roads and along the driveway entrance, dumpster areas and fire lanes. This is a safety issue for emergency vehicle access and service for the site and adjacent properties. The revised parking lot and additional parking will help remove these issues. Existing site conditions drawing is attached per survey completed by MFRA. There is little grade modifications that needs to occur to accomplish the new parking areas as indicated in the plan drawing. The revised parking lot will require new landscaping as shown in the attached drawing. Thank you for your consideration of this variance request. Additional questions can be answered by Steve Kalkman at SJA Architects or Mark Anderson at MFRA. Sincerely, RECEIVED APR 1 12006 Steven B.P. Kalkman SJA Architects Architecture Interior Design Planning OfRces in Duluth and St. Cloud www.stanlusjDhnson.com Principals Partners Associatea 203515+ Street North St Cloud, MN 56303 Kenneth D. Johnson .'AIA Bnan D. Morse; AIA- - Carry M. Tuftf, AIA P 320.253.2100 - . . Rickard A, Stanius, AIA . Steven B.Pi Kalkman, AIA Jeffrey I. La Tour, AIA F 320.253.2269 Ronald E. Stanius, AIA Deanna Schmidt, CID Gregory Cooper, Al A Eagan Boundary Right-of-way Parcel Area Location Map 'i,,;',{: Park Area I/ Bullding Footprint l ie. ®®� t# a l ( ®®® �n Z'"'; P f V? Ch9F'EIN ��n bti.� Y �� 1000 0 1000 2000 Feet losses mommummmmmmmd Development/Developer. Granite City Food and Brewery Application: Variance Case No.: 10 -VA -07-0406 Map Prepared using ERSI AreVlew 8.7. Parcel base map data provided N I by Dakota County Office of GIS and Is current as of April 21101L City Of EaQ� (_ly W+ E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Cemmunay Development Department not responsible for errors or omissions. m x z c� O z 0 O z 0- RFrFivFn APP i i -)nna 12d) C'7 Rsrlaans I nv.epa•rtlh lnel tw tp wn...a oeim•a Mu £ng,neerblg • Plannhg • Swwg GRANITE CITY PARKING LOT EXPANSION i wn aiy uv.n..a n ro..�na mvm.ar �o-..n rra. Ileee xtn�� roMN N *dram. 7.a el th. llaa Iq Mlnnweta ,,,,,� FRAC EACAN, iii%�b•/�t G.b//'•"�— O�NW MG Mane 7!7/Ntl-f010 Nmna •MARX .wOEXSON ua a,.. seJ/•�e_eur SJA ARCHITECTS A e.�. •nl,av uawa evdv 517E PLAN RECEIVED APR 1 12006 A z 0l\ c/ �T V m T z PILOT KNOB ROAD a 1 F G1 i 1 I... F V m 1 _. v ;A: 9 ______ a F RGVUv�u wee •• `---- Eng .whg. P/auhq • Sur *9 GRANITE CITY LOT EXPANSION C a r„ ,,, , a,;; � Slanem� c..._ �•^ 14%4 ,A,.w.,.,va.,,� ��" �.,.,,.., Mw. xd/�x-sac � mi/la—mix PARKING EAGN, NN SJA ARCHITECTS Z O a/n/aINFRA a..w.a Nac aemo•.a Nac IIB Name N IMwn tiCam.n oa," aA,roe uaan.. amee� r,�y AaaeNn,� PRELIMINARY LANDSCAPE PLAN ,� F4Fearn RGVUv�u wee •• `---- IA A 3d7 n n a n pa'Q SIDEWALK Frx`Z�!\ .. yam. 4V yy���QG I £nglneenng• P/Wl &g •Su—*9 JIlo07lM A•awa AMf. IIO 'FRA p M. ANm.rofa JlI.7 wc�tn.►E��m error A>mxw,b«, PARKING LOT EXPANSION FAUN. MN SJA ARCHITECTS RE I DSCAPE DETAILS ow MAI/.e K0C j y 9 O N a xRe`AW . , , ;v�ma r�I;=Ty p ,;w,o ter; IA. M.N��IM Name xa+ � MI.`71R1i° N a.ntroe u......zceez owm« EV I £nglneenng• P/Wl &g •Su—*9 JIlo07lM A•awa AMf. IIO 'FRA p M. ANm.rofa JlI.7 wc�tn.►E��m error A>mxw,b«, PARKING LOT EXPANSION FAUN. MN SJA ARCHITECTS RE I DSCAPE DETAILS ow MAI/.e K0C An.m xec Agenda Memo May 2, 2006 Regular City Council Meeting VI. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments ACTION TO BE CONSIDERED: Appoint members to the City Council's Advisory Commission, with terms beginning in May 2006 Appoint members to the Gun Club Watershed Management Organization, with terms beginning in May 2006 FACTS: • Per the Council's direction, Advisory Commissions appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year-round, with an emphasis in recruitment from January — March. • There were 29 applicants this year. Of those 29 applicants, 25 were able to attend their scheduled interview with the City Council on April 24 and April 25. • The City Council will be asked to vote via ballots to fill the vacancies for the various lengths of Commission terms — 3 years, 2 years, 1 year and 1 year alternate terms. • Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. • The new Commissioners appointed tonight will be invited to participate in a new commission member orientation on Tuesday, May 9 at 6:00 p.m. Orientation packets will also be provided to new Commissioners. The orientation is an opportunity for the Commissioners to learn about the role of the advisory commissioners, and it is also a chance for the new members to meet with their commission's staff liaison for more detailed information about the workings of their specific commission. • Included on the consent agenda was the resignation of two APC members. Therefore, two additional vacancies are now available on the APC which will be noted on your ballots. • There are 4 openings for the Gun Club Lake Watershed Management Organization. It has been past practice that applicants for the WMO have not been interviewed but appointments are made at the same time as the advisory commissions. There are 5 applicants requesting appointment to the WMO. • The City Council has copies of all the applications, including the WMO, which were included in the binder that was distributed prior to the applicant's interviews. • Rather than duplicating all of the applications, the Council is asked to bring their binders to the May 2 City Council meeting ATTACHMENTS: • Enclosed on page is a summary of the number of openings that exist on each advisory commission. • Enclosed on page D __ is a REVISED summary of applicants' commission preferences based on the preferences voiced during the interviews. CO ADVISORY COMMISSION MEMBERS ADVISORY PLANNING COMMISSION Name Original Appointment Term Expires Years of Service Dana Keeley (alternate) Aril 2005 Aril 2006 1 Peter Duan 2 year term) Aril 2004 Aril 2006 2 Carla Heyl January 2003 Aril 2006 _ 3 Gary Hansen Duey Bendt January 2003 January 2001 A ri12006 Aril 2007 SIGNED) 3 5 Jenifer Matthees Aril 2004 Aril 2008 SIGNED) 2 Ted Gladhill Alternate, 2002- Jan. 2003) January 2002 April 2007 4 Steven Chavez Aril 2004 A ri12007 2 Current Vacancies = 6 ADVISORY PARKS AND RECREATION COMMISSION Zi f (alternate) Aril 2005 Aril 2006 1 -Ryan Davis January.1997 Aril 2006 9 -Terry Peterson January 2000 Aril 2006 5 -Dorothy Phil Belfiori alternate 2002-2003) January 2002 April 2006 4 Mark Fili i May 1997 Aril 2007 8 Danner January 2001 Aril 2007 5 -Margo Muhammad Lodhi Aril 2004 Aril 2007 2 Duane Hanson April 2004 Aril 2008 2 Bari January 1999 Aril 2008 6 -Joseph Richard Pletcher January 2001 Aril 2008 5 Current Vacancies = 4 a Name I Original Appointment Term Expires Years of Service AIRPORT RELATIONS COMMISSION Curtis Aljets (1 year term) April 2005 April. 2006 1 Jack Prentice (alternate) Aril 2005 April 2006 1 Nathan Krahn January 2003 Aril 2006 3 Stephen Nierengarten Valerie Dosland January 2003 Aril 2004 Aril 2006 Aril 2007 SIGNED) 3 2 Dean Haehnel Aril 2004 Aril 2007 2 Daniel Flanagan Aril 2004 April 2007 2 Charles Thorkildson January 1999 Aril 2008 6 Tammy Mencel August 2004 April 2008 2 Jason Bonnett Aril 2004 Aril 2008 2 Current Vacancies = 5 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Robert Peterson (alternate) Aril, 2005 Aril 2006 1 Joseph Conlon Bill Raker January 2003 January 2000 Aril 2006 Aril 2006 3 6 Jody Mikasen Aril 2005 Aril 2008 1 Michael Owens Aril 2004 Aril 2008 2 Current Vacancies = 3 2006 ADVISORY COMMISSION APPLICANTS' PREFERENCES *Incumbent on a City Advisory Commission (including former EDC members) "'70 APC APrC ARC BETC WMO Ross Bintner 1 2 Josh Williams 1 2 Jerome Segal 1 Nadim Zoberi* 1 Maggie Jensen* 1 2 3 Jim Taylor 1 2 Peter Dugan* 1 Gary Hansen* 1 Dana Keeley* 1 Dan Bailey 1 2 Neil Charpentier 1 2 Thomas Heaney 1 2 Bret Walsh 1 2 3 Terry Davis not eli ible or APrC * 1 Steve Beseke 2 1 3 Phil Belfiari* 2 1 Ran Zi f* 1 Dorothy Peterson* 1 John Ward 1 Kimberly Palm uist 1 Laurie Halverson 2 1 Curtis Aljets* 1 Jack Prentice* 1 Kimberly Feller* 2 1 Justin Coun an 3 2 4 1 Bill Raker* 1 Pramod Mathur 1 Joseph Conlon* 1 Wayne Sames* 1 Richard Starr 1 Gerald Engelke 1 Jason Akey 1 Jeff Sluiter 1 *Incumbent on a City Advisory Commission (including former EDC members) "'70 Agenda Information Memo May 2, 2006, Eagan City Council Meeting A. PROJECT 934, CLIFF ROADBLACKHAWK ROAD/GALAXIE AVENUE INTERSECTION IMPROVEMENTS . ACTION TO BE CONSIDERED: Receive feasibility report and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval and the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary. FACTS: • The reconfiguration of the intersection of Cliff Road (County State Aid Highway 32) and Blackhawk Road/Galaxie Avenue with associated- traffic signal improvements has been programmed for 2006 in the City's and Dakota County's 5 -Year Capital Improvement Programs. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the proposed improvements to this intersection. • The intersection currently includes a left -turn lane and a shared through/right-turn lane for Blackhawk Road and Galaxie Avenue. The traffic signal has permissive left turns (No arrows) for Blackhawk Road/Galaxie Avenue. The intersection operates at an overall acceptable level of service during peak hour conditions. However, Galaxie Avenue experiences heavy delays during the morning peak hour. In addition, both Blackhawk Road and Galaxie Avenue operate poorly during the evening peak. The poor operations are due to the high number of left -turns from Blackhawk Road/Galaxie Avenue onto Cliff Road. • A review of the crash data for 2005 indicates 12 reported crashes at the intersection. This intersection crash rate is 0.90 crashes per million vehicle miles and has a severity rate of 2.75 crashes per million vehicle miles. The MnDOT average crash and severity rate for similar high volume/high speed intersections in the Metro area is 0.80 and 1.60, respectively. • This proposed improvement will widen the intersection to provide an additional lane on Galaxie Ave and. Blackhawk Rd creating separate left turn, straight through and right turn lanes. Temporary construction easements will be necessary from some adjacent property owners. Since the proposed intersection reconfiguration benefits the traveling community as a whole as an operational and safety improvement, no assessments are proposed. Subsequently, no formal public hearings are required. In March 2006, advanced notices of this pending capital improvement were sent to all affected property owners. • An agreement between the City of Eagan. and the Dakota County Transportation Department is being prepared providing for the cost, maintenance, and operation of the proposed improvements. TheCity's financial share of these improvements is estimated to be about $289,300. ''he County will be sharing 50% of the construction, `�l engineering, and inspection costs for the signal modifications and median and pedestrian ramp improvements. The Estimated Total Construction Cost is $401,600. ATTACHMENTS: • Feasibility Report, without page numbers. %0� Agenda Information Memo May 2, 2006 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENTS — HAR MAR, INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the conditions listed in the draft' APC Minutes. To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a change to tenant signage on the north side of the inline retail building located at 1565 Cliff Road in the SW'/4 of Section 28 subject to the conditions listed in the draft APC Minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The subject 5.8 acre Lot 1, Block 1, Thomas Lake Center, is fully developed with a 43,000 SF in-line retail building. The retail center was constructed in 1987. ➢ The applicant is proposing to replace the out -dated pylon sign and is proposing improvements to the side north of the building will both add aesthetic value to the site and area. In addition, the applicant is requesting approval of outdoorstorage for up to ten passenger vehicles or light duty trucks in parking stalls located on the north side of the building. ➢ The APC discussed the value of the reinvestment the applicant is proposing for the property and the way in which it can update the center and integrate it better with Lifetime Fitness to the north. The Commission noted that certain aspects of the application lacked the level of detail to permit it to clearly define what would be permitted under the PD amendment being requested and, in the action, asked the developer to address those issues in advance of the City Council meeting. ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and the commission is recommending approval of the modification of the pylon sign and outdoor storage/parking, subject to conditions. The Commission recommended denial of the fagade and signing modifications for the reasons noted in the Issues section below and detailed in the Commission minutes. ISSUES: ➢ The APC added conditions to specify the outdoor storage and requested that the applicant provide additional "detail regarding site/building improvements on the north side of the site before the, City Council meeting. Revised plans were received on Thursday, April 27, 2006. ➢ While the APC recommended approving the PD amendment for the pylon sign, it was with the condition that the sign would not exceed its current height and area. The applicant indicated that the height would remain the same, but he has been asked to confirm the extent to which the proposed sign can conform to the area requirement or whether he is asking for the new sign to exceed the current sign area. ➢ In recommending denial of the fagade improvements on the north side of the building and the north side signage modifications, the APC indicated that the intent of the north side upgrades is positive, if sufficient detail can be provided showing a site plan and building elevation with material specifications, to permit the City to confirm the exact nature of the improvements being requested. ➢ The developer has indicated that the pylon sign, outdoor storage and north side fagade modifications are the priorities and that the north side signage issue can be addressed in the future. Because of the agency deadline, the applicant will either need to withdraw that part of the PD amendment application or consent to an extension of the 60 day deadline. Otherwise, the Council will need to take action to approve or deny that aspect of the application. ➢ Staff has discussed with the developer the need to show in the detailed site plan, how the outdoor storage/parking would be screened from the north by landscaping or other means. 60 DAY AGENCY ACTION DEADLINE: May 15, 2006 ATTACHMENTS: (4) Draft APC Minutes, pages � through Staff report, pages W, tii;`ugh Revised plans on pag through Aerial photo on page C. Thomas Lake Center Applicant Name:Har-Mar, Inc. Location:1565 Cliff Road; Lot 1, Block 1, Thomas Lake Center Application: Planned Development Amendment A Planned Development Amendment to allow outside storage of daycare vans; to amend the shopping center pylon sign; to make changes to rear elevation of the shopping center. File Number: 28 -PA -05-03-06 Community Development Director Jon Hohenstein introduced this item and highlighted the information presented in the City Staff report dated April 14, 2006. He noted the background and history. Applicant Bryan Slawik, Har -Mar, Inc. stated the. improvements4�Qu p.to tenant requests for updates to the center. He described the difficulties they haveffi%d wdffhilb bankruptcy of Snyder's. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl clos back to the Commission. and turned We discussion Mr. Slawik stated the two passengervanr-Aie daycare is thbWessing need of outdoor storage. He welcomed a condition speci pe of vehicl a stored outside. He stated the request is vague because they dr -g a0i�!minary st d of determining their needs. He discussed the needed aesthetic rqprov4NWM1athe',Vilding including paint and landscaping. He stated the nwd for a sign th9LchaWges W day is to assist the smaller tenants with advertisemer�" Member Gladhill sugg d a furth„- condition orirking. He suggested an additional signage condition that links it to N 4rad�provements. H stated concern with the changing message boards becomindVWyx FTe stated disagreement with the approval of . the message: Memb Matthees statei peemeWBUbAhe desired improvements; however more detail is neede :: a other reque , Member Be6dittated opposit a to signage on the north elevation. Chair Heyl stated OW pleRed to see the property being updated, but the proposal is lacking and not well enough M d. She asked the applicant to continue the item to gather more information. Mr. Slawik asked that the Advisory Planning Commission approve the north elevation improvements without the signage until the item is returned to the Advisory Planning Commission with the desired amendments. He stated the outdoor storage needs to. be addressed as soon as possible. Member Bendt moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW'%4 of Section 28 subject.to the following conditions as amended: "7S 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall provide information specifying the exact number, type and tenant -owner of all vehicles to be stored outdoors overnight. 3. No more than 10 parking spaces shall be designated outdoor storage and storage is limited to cars, passenger vans, and light trucks. All voted in favor. Motion carried 7-0. Member Bendt moved, Member Heyl seconded a motion to recommend approval of a Planned Development Amendment to allow replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW % of Section 28 subject to the following conditions as amended: 1. The developer shall execute and record the Planned Devel2pMlAmendment Agreement at Dakota County within 60 days of the City Council apprayral. 2. The developer shall obtain a Sign Permit prior to remo_rafftplacem' the pylon sign. 3. The LED copy or message shall change no more tha_io times in ani hours period, this does not pertain to time/temperature."" 4. The new pylon sign shall be the same height , ize as ttLe existing pylon Viand the base shall be constructed of materials to ma hoppi _ . enter building. Member Dugan stated by approving this motion, the Ad� ""- Tanning Commission would be making a mistake, allowing too many reqger boards. A vote was taken. Aye: Chair Heyl, and Members Bendt, Hann, -a"Waffiiithees. Nay: Members Dugan, Gladhill, and Keeley. == Motion carried 4-3. - Chair Heyl and Member -B95.dt noffieLthat they voteW-i"n favor of the proposal because the City Council approved..a similar r= of-5��ifys Community Center, and had they not voted in fay.- .lposal at reasoT—";-Ws motion would have failed. Mem1 Fendt moved, leer He §-„gcided a motion to recommend approval of a Planned Dev logit Amendments low chirrges to the appearance and accessibility on the north side of the-559—me retail bui0�..locat6d at 1565 Cliff Road in the SW '/ of Section 28, subject to the following itions as arnded: 1. The developer -al exute and record the Planned Development Amendment Agreement at Dakota Count ; 60 days of the City Council approval. 2. Structural modifice;�'ns to the in-line center will require a building permit. 3. The applicant shaTl provide a detailed site plan for the proposed improvements showing building fagade, relief, building materials, and landscaping items. All voted against. Motion failed 0-7. Member Matthees moved, Member Keeley seconded a motion to recommend denial of a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW '/ of Section 28. Member Matthees stated the reason for denial was lack of detailed plans for the proposed improvements. `774 All voted in favor. Motion carried 7-0. Member Bendt moved, Member Matthees seconded a motion to recommend denial of a Planned Development Amendment to allow change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road in the SW % of Section 28 for the following reasons: 1. The Planned Development Amendment is not better than what currently on the property because the proposal is lacking detail. 2. Signage would be part of a coordinated effort to change the north side of the building to make it more like the south side since it faces a parking lot. 3. A detailed plan for the signage is needed. All voted in favor. Motion carried 7-0. __77 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2006 APPLICANT: Har -Mar, Inc/Slawik Prop. PROPERTY OWNER: Same CASE: 28 -PA -05-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 REQUEST: Planned Development Amendments PREPARED BY: Michael J. Ridley, AICP LOCATION: 1565 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST, The applicant is requesting approval of Planned Development Amendments to allow overnight parking (outdoor storage), replacement of the pylon sign, changes to the appearance & accessibility on the north side of the center and a change to tenant signage on the north side of the in-line retail building located on Lot 1, Block 1, Thomas Lake Center at 1565 Cliff Road in the SW '/4 of Section 28. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The in-line, retail center was constructed in 1987. The six lot Thomas Lake Center subdivision also includes parcels that developed subsequent to the neighborhood center. These other lots presently host the following land uses: Lifetime Fitness overflow parking, a quick -lube, convenience gas, automobile service and a Class I restaurant. Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 2 The subject 5.8 acre Lot 1, Block 1, Thomas Lake Center, is fully developed with a 43,000 SF in- line retail building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST The proposed upgrades represent further investment by Har -Mar, Inc. in Eagan and the 20 year old Thomas Lake Center. Each facet of the request is evaluated below: Outdoor Storage The issue of outdoor storage arose in relation to an existing daycare operation at the center that has two vans that are used to tote the daycare kids to various activities. The vans remain on-site during non -business hours. By ordinance, anything stored outside overnight is considered outdoor storage and, as such, requires a CUP — or in this case, a PD Amendment. The applicant has submitted a Site Plan that highlights 22 of the 34 parking stalls on the north side of the building as overnight parking. The applicant states "At this time, only the daycare has requested to park one or two vehicles in this area overnight. This is not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. Approval to park overnight is given only on a tenant -by -tenant basis and only by Slawik Properties" This approval scenario is contrary to the typical Advisory Planning Commission (APC) and City Council review/requirement of specifying not only the location but also the type and number of items to be stored. Pylon Sign The.applicant is proposing to replace the existing, outdated, pylon sign. The proposed 27' tall replacement pylon sign will have a programmable, double -sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display `7q Existing Use Zoning Land Use Designation North Lifetime Fitness PD RC South Residential PD' LD East Residential R-1 LD West Residential PD LD EVALUATION OF REQUEST The proposed upgrades represent further investment by Har -Mar, Inc. in Eagan and the 20 year old Thomas Lake Center. Each facet of the request is evaluated below: Outdoor Storage The issue of outdoor storage arose in relation to an existing daycare operation at the center that has two vans that are used to tote the daycare kids to various activities. The vans remain on-site during non -business hours. By ordinance, anything stored outside overnight is considered outdoor storage and, as such, requires a CUP — or in this case, a PD Amendment. The applicant has submitted a Site Plan that highlights 22 of the 34 parking stalls on the north side of the building as overnight parking. The applicant states "At this time, only the daycare has requested to park one or two vehicles in this area overnight. This is not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. Approval to park overnight is given only on a tenant -by -tenant basis and only by Slawik Properties" This approval scenario is contrary to the typical Advisory Planning Commission (APC) and City Council review/requirement of specifying not only the location but also the type and number of items to be stored. Pylon Sign The.applicant is proposing to replace the existing, outdated, pylon sign. The proposed 27' tall replacement pylon sign will have a programmable, double -sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display `7q Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 3 that will display time/temperature and a message area that could be programmed to change the message twice a day. The Sign Ordinance states "No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature." However, the proposed limited message changing can be accommodated via the PD Amendment. City Policy makers shall determine the appropriateness of this Sign Ordinance deviation. Appearance & Accessibility Improvements The applicant is proposing to improve the appearance of the center from Thomas Lake Drive by adding landscaping and planters to lessen the "one-sided center" appearance. The owner is also reviewing the possibility of adding accessible storefronts to the north side or an enclosed access from the north side to the south (front) side of the building. It appears the proposed improvements will enhance the appearance of the center from Thomas Lake Drive and, subsequently, Lifetime Fitness. Modification of Tenant Building Signage According to the applicant, some tenants have expressed a desire to change the present type of signage on the north side of the building facing Lifetime Fitness. Presently, the signage on the building is compliant with the Sign Ordinance requirement for a consistent style and type of signage. The front or south side tenant signage contains all back -lit, channel letters and tenant signage on the north side of the building is all non -lit, "cut out" lettering. South Elevation North Elevation R-720 Planning Report— Thomas Lake Center PD Amendment April 25, 2006 Page 4 Staff has reservations with only a partial or piecemeal change -out of signage on the north side. If the sign changeover on the north side is not complete and uniform, the end result will appear inconsistent and haphazard. City Policy makers shall determine the appropriateness of this Sign Ordinance deviation. SUMMARY/CONCLUSION The applicant's proposed improvements to the property represent a desired reinvestment in the property and Eagan. Specifically, replacing the out -dated pylon sign and the proposed improvements to the site north of the building will add aesthetic value to the site and area. The lack of definition regarding the outdoor storage is inconsistent with previously approved outdoor storage requests and the partial change -out of tenant signage on the north side of the building present an unknown moving forward. The APC and City Council will need to determine the suitability of these components of the proposed amendments. The conditions of approval listed below require specificity of the outdoor storage and that any change to tenant signage on'the north side of the building will be uniform and complete. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow overnight parking (outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW i/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2, The developer shall provide information specifying the exact number, type and tenant - owner of all vehicles to be stored outdoors overnight. To recommend approval of a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565.Cliff Road in the SW '/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. The developer shall obtain a Sign Permit prior to removal/replacement of the pylon sign. 3. The LED copy or message shall change no more than two times in any 24 hour period, this does not pertain to time/temperature. 51 Planning Report — Thomas Lake Center PD Amendment April 25, 2006 Page 5 To recommend approval of a Planned Development Amendment to allow changes to the appearance & accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW/40f Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. Structural modifications to the in-line center will require a building permit. To recommend approval of a Planned Development Amendment to allow a change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road in the SW '/4 of Section 28. If approved the following conditions shall apply: 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of City Council approval. 2. The developer shall obtain an individual Sign Permit prior to removal/replacement of any tenant signage on the north side of the in-line center. 3. The developer shall define the type/style of tenant signage proposed for the north side of the in-line retail building. 4. Tenant signage change -out on the north side of the in line center shall be uniform and comprehensive. I I r I — 1-4 IU777M, w I V I I 1 1 1 W I li I113 N I' ' I .'9� g I � NORTH 'I •!!r o • � �gll :• I OR I I I � III) •-: I 11� I t • t THOMAS LAKE I ` pI t ' b LF 11 i 11 i -- ROAD t - C •' F;:i%R� FP 'P .�' e P P ♦ PMY - iC c to a E �•e . n ti IL IL tv s4 �R�E a �� �?$��� to :�'�a$Ss•���; �aa�c aga s �� �� .�� . s>i 11 I 1p ideWwr,;i 7v ' si ACEPELI'lucl V, �HARVWARE THOMAS LAKE CLEANERS 7 I X' PARTIAL NORTH ELEVATION (WEST HALF) ELEVATION RECEIVED MAR 15 Me IT lis__ �aOn n"-Mum." F Application for Planned Development Amendment Thomas Lake Center Eagan, Minnesota March 15, 2006 Slawik Properties 1880 Livingston Avenue, #100 West St. Paul, MN 55118 Brien Slawik, President 651-645-8111 NARRATIVE DESCRIBING THE REQUEST OR PROPOSAL Item #1: Overnight Parkin What do you want to do; Phasing / Timing? Slawik Properties wants the flexibility to allow tenants, on a pre -approved basis, the ability to park business vehicles, overnight, in a designated area on the site. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 660'. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this amendment, and allowing a small number of vehicles to remain overnight in designated, existing, parking areas should little to no impact. What impact does planned development have on city services, etc. The overnight parking of vehicles in existing parking areas should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? Since the use of the land is not changing, the use of a limited number of parking spaces for overnight use will result in a better use of the, otherwise empty spaces. NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The proposed amendment will provide the Owner the flexibility to allow business .tenants, by provision in their leases, to park their business vehicle (s) overnight in a designated area on the site. Public benefits could include, but not necessarily be limited to: Control and monitoring of any approved, overnight parking on the site; Designation and monitoring of areas approved for overnight parking; Provisions for any additional screening or landscaping. that might be necessary Public safety registration of vehicles, approved for overnight parking 8 RECEIVED MAR 15 Co Item #2: Realacement of the Pylon Sign What do you want to do; Phasing / Timing? Slawik Properties wishes to replace the existing, outdated pylon sign, with a new pylon sign that will have a programmable, double sided, reader board along with fixed tenant identification panels. The reader board is proposed to have a single color LED display that will display time and temperature along with a message area that could programmed to change the message twice a day. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 660'. Retail businesses, Sports & Health Club What Impact does planned development have.on surrounding properties? No development is planned by this amendment What impact does planned .development have on city services, etc. The replacement of the existing pylon sign should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT Replacement of the existing, outdated, pylon sign will increase visibility and identification for motorists passing on Cliff Road. With the addition of a reader board, current information on, activities and special promotions within Thomas Lake Center will be easily accessible to the public. V El MAP. 1 52V Item #3• Appearance & Accessibility Improvements to the North Side of the Center What do you want to do; Phasing / Timing? Slawik Properties wishes to improve the appearance of the north side of Thomas Lake Center that faces Life Time Fitness, and to make it more inviting and accessible to Life Time Fitness patrons already parked directly across the street. A combination of landscaping, planters, signage and. possibly the creation of accessible storefronts to the north for some of the appropriate businesses will lessen the "one sided center" that currently fronts toward Cliff Road. This work will be accomplished without affecting the present land use, parking, utilities or city services, but will enhance the north facing fagade and change it from a "service / delivery" side to a secondary entrance that encourages people to walk across Thomas Center Drive rather than having to use their cars. Slawik Properties intends to begin work on this project as soon as approvals are granted and the weather is warm. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 6601. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this amendment, however this project will change and improve the north side image and accessibility of Thomas Lake Center What impact does planned development have on city services, etc. The image update to the north side of the center should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The public benefit from this proposed project not only relates to improvement of the north side image of Thomas Lake Center to people traveling on Thomas Lake Drive, but to the daily patrons of the adjacent Life Time Fitness Center across the street. The. proposed project will create a pleasant, accessible, environment .to some of the shops in the center for patrons of Life Time Fitness, without having to use their cars to drive around to the Cliff Road entrances. RUENED MAR 16 W Item #4 Change of Tenant Signage on North Side of Building What do you want to do; Phasing / Timing? Some tenants of Thomas Lake Center have expressed a desire to change their presently compliant "cut out lettering " type signage on the north side of Thomas Lake Center that faces Life Time Fitness, to back lit signage that matches their signage on the south side of the center. Existing Land Uses on the Site. Shopping center with contiguous parking Surrounding Land uses within 6601. Retail businesses, Sports & Health Club What Impact does planned development have on surrounding properties? No development is planned by this portion of the amendment What impact does planned development have on city services, etc. The signage type change to the north side of the center should have no impact on city services. Does the requested land use proposed by this amendment result in better use of the land? No change NARRATIVE DESCRIBING PUBLIC BENEFIT OF THE PROPOSED AMENDMENT The public benef t to allowing the tenants the ability to change their signage on the north side of the center will be to increase visibility and identification of goods and service providers within the present center. RECEIVED MAR 15 200f: � ql Anderson Dale Architects, Inc. 1880 Livingston Ave., Suite 200 West St. Paul, Minnesota 55118 Phone 651-642-9000 Fax 651-642-1410 www.andersondale.com April 11, 2006 Mr. Mike Ridley, City Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mike, RECEIVED APR 1 12006 In response to your application review comments regarding Slawik Properties Planning Amendment Application, we have prepared the following: Site Plan: Existing parking lot standards were highlighted, responding to one of the line items on the- application form and play no part in our application, other than to identify the security lighting locations on the north side of the building in the area of proposed overnight parking. Overnight Parking: We have highlighted the 22 spaces on the north side of the building as, the proposed area for any pre -approved tenant overnight parking. At this time, only the daycare center has requested to park 1 or 2 vehicles in this area overnight. This not intended for storage vehicles, only overnight convenience parking for specifically pre -approved tenants. In the application, we indicated that this approval to park overnight is given only on a. tenant -by -tenant basis and only by Slawik Properties. Architecture Planning Interior Design cfc� Ifl Pylon Sign: We are aware of the signage ordinance regarding display signs and intend that the sign text will change a maximum of twice per day, with the exception of the time and temperature. North Appearance / Accessibility: Proposed changes to the north side of the building will not encroach on the required 24' drive aisle. At this time, no tenants have requested public access to the north side of their spaces. North Tenant Signage: We understand the City Code relating to uniformity in signage. As this plan develops, uniformity in signage will be part of the design and tenant emphasis. Mike, we appreciate your consideration and comments on the proposed changes for Thomas Lake Center. Please contact Brien or me with additional questions or comments. ❑ I w l 1 i 1 • 1 1 ID11S191G MTTARD PLM' I THOMAS IASE CENTER �n Irs NORTH SIDE—�N 2 72006 or ',' ------------------/ SITE PLAN - NORTH SIDE 0 THOMAS LAKE CENTER Ulf CITY OF EAGAN =:tm� Agenda Information Memo May 2, 2006 Eagan City Council C. PLANNED DEVELOPMENT AMENDMENTS – MILLERVILLE, INC. ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a third stall garage addition to the attached garage on currently platted Lot 16, Block 1, Lexington Ridge located at 1149 Diffley Road in the NE 1/a of Section 27 subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ The sixteen unit, seventeen lot Lexington Ridge was approved in 2004. Each unit was approved with a two -car garage. ➢ The proposed garage addition will meet structure setbacks and no additional trees will be removed to accommodate the addition. The proposed addition will require a replat of the subject lot (Lot 16) and the common area (Lot 17). The applicant has applied for the replat. ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and the commission is recommending denial. ISSUES: ➢ The APC had concerns about the size of the garage addition, stating that the 19.7' x 21' size would add two additional stalls, not one as the applicant indicated. Also, the addition would result in to high of a percentage of accessory structure size relative to the dwelling unit size. ➢ The APC also indicated that this development was marginal to begin with, thus the need for the Planned Development, and adding additional square footage is not appropriate. ➢ The proposed garage addition does not add balance to the development or the area. ➢ The applicant indicated that this unit has been difficult to market, and the added garage. area will make it more attractive to buyers. 60 DAY AGENCY ACTION DEADLINE: May 15, 2006 ATTACHMENTS: (4) Draft APC Minutes, pages through id). Staff report, pages_ through [D. E-mail from applicant on page — Aerial photograph on .page UCL. q7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA April 25, 2006 . A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 25, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Dugan, Bendt, Keeley, Matthees, and Gladhill. Also present were, Planner Pam Dudziak, Assistant City Engineer John Gorder, Community Development Director Jon Hohenstein, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Bendt moved, Member Matthees seconded a motion to ad"pt the Agenda. All voted in favor. Motion carried 7-0. March 28, 2006, ADVISORY PLANNING COMMISSION MEETI'1 "INUTES Member Hansen stated guide is spelled in Member Dugan moved, Member Hansen seconded a Advisory Planning Commission Meeting minutes as a All voted in favor. III. VISITORS TO BE HEARD (10 MINUTE IV. PUBLIC HEARINGS New Business A. Lexington Ri Loca0h:1149 Dd C. app"Fove the Marc -h 28, 2006, rt; Lot 16, Block 1, Lexington Ridge ;ent to construct a garage addition which includes an constructed private street. Planner Dudziak intr6i d this item and highlighted the information presented in the City Staff report dated April 4, 2M. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Hey[ asked if there is a possibility for another three car garage request. Community Development Director Jon Hohenstein responded another request for a three car garage would be unlikely due to the setbacks between the other units and the topography by the end units, however nothing prevents the developer from asking for future PD amendments. Paul Danielson, Engineer, stated this is the only lot that would accommodate a three car garage due to the layout of the property. He discussed aspects of this unit that have made it difficult to market and stated the tree line will remain the same. Member Gladhill stated the proposal is comparable to two additional garage stalls, with dimensions of 19.7'x 21'. Chair Heyl stated the total garage square footage seems high. She stated the development was crowded as originally presented and an 800 square foot garage on a 2,000 square foot townhome is excessive. Member Dugan stated concern that over 1/3 of the home is going to b"arage space. Member Hansen stated he agrees that the area is crowded. Member Bendt stated asking for a third garage stall is misleafg bed !&@ it is actually asking for a third and fourth garage stall. Member Bendt moved, Member Matthees secondees motion to recommend"laroval of a Planned Development Amendment to allow 1'9.AV thirdVall addition to tW �°ched garage for currently platted Lot 16, Block 1, Lexingtoi=4-Me sq *„fit to the followit conditions: 1. The Planned Development Amendment Agreement shObe recorded with Dakota County. 2. The addition shall only apply to curra;t° Iii platted Lot 16, M&L1, Lexington Ridge, and be limited to 19.7'X 21' with similar and .,�ale exterior bu ° J ma#erials. 3. The developer shall provide proof, in a!§7—;M3 Ztable to thd'tgi attorney, that the Association can and will convey a portio :of th : non areafiFlot 16 and the property associated with the conveyance shall be. r✓�pl d f"–IFmwa iodate the addition. 4. No additional building_B3 motions shall b'drbwed. Member Gladhill stat d the devekffgp ent was tooarowded when it was originally applied for. He stated the amendmbnfffftes the iffivelopment ap f more balanced, however he prefers that it remain the way it was o all anted. He sfed he will vote against the proposal. Chair Heyl„�a'ted-s" "ote�ist the proposal and stated concern that it is a total of four garagesOls instead o. e. Shd-"Es'Wed the ratio of garage to townhome is too great and is not bala6dWJor the area. A vote was--AMan. Aye: Members::ndt and Maees. Nay: Chair Hey i;Memb Gladhill, Keeley, Dugan, and Hansen. Motion failed 2-5 Member Gladhill moved, Member Hansen seconded a motion to recommend denial of a Planned Development Amendment to allow 19.7' X 21' third stall addition to the attached garage for currently platted Lot 16, Block 1, Lexington Ridge due to the following reasons: 1,. The proposal will result in four garage stalls instead of three total stalls as noted in the application. 2. The percentage of the footprint that would be taken up by the accessory portion of the structure is too great for the townhome. 3. The property was marginal in terms of density of development to begin with, thus the need for the Planned Development, adding additional square footage is not appropriate. 4. The proposal does not add balance to the development or the area. A vote was taken. Aye: Chair Heyl, and Members Gladhill, Keeiey, Dugan, and Hansen. Nay: Members Bendt and Matthees. Motion carried 5-2. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 4, 2006 APPLICANT: Ray Miller PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 1149 Diffley Road CASE: 27 -PA -04-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 PREPARED BY: Sheila Cartney Revised Erik Slettedahl COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a third stall addition to the attached garage for currently platted Lot 16, Block 1, Lexington Ridge. Lot 16 and common area will also have to be re -platted, Lot 16 will acquire additional land from the common area to accommodate the addition; therefore a re -plat is necessary, the applicant has made such an application. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, 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 in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004, the subject site was approved as part of a Planned Development to create 17 lots, 16 townhome units and common area. The development has reduced setbacks and is a cluster type development. Each unit was approved with a two stall attached garage. lot Planning Report — Lexington Ridge PD Amendment April 25, 2006 Page 2 The applicant withdrew an identical application in 2005 before it was heard at the Advisory Planning .Commission meeting in November and has now resubmitted without changes. EXISTING CONDITIONS The site is fully developed with 16 attached townhome units. Some of the units have been sold and the applicant is in the process of selling the remaining units. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST The applicant is proposing to add a 19.7'X21',(413.7 square feet) third stall to the attached two stall garage for Lot 16, Block 1, Lexington Ridge. This unit is the first unit visible when entering the development. This development is a Planned Development that was approved with attached two car garages. The Planned Development allowed for reduced setbacks and a cluster type development. The proposed third stall would meet structure setbacks with the proposed re -plat of Lot 16 and will match building materials and style. The third stall will have its own vehicle access directly from the private street. SUMMARY/CONCLUSION The Lexington Ridge Planned Development was approved in 2004 to create 17 lots, 16 townhouse units and common area. This development is a cluster development with reduced setbacks and two stall attached garages. The site is fully developed. The proposed garage stall will have individual access onto the private street and a separate entrance than the existing garage. The architecture and building materials will match the existing garage. A re -plat of Lot 16 and common area will be required in order to accommodate the addition; the association will convey land to that lot. The applicant has applied for a re -plat.' �O� Existing Use Zoning Land Use Designation North Diffley Road ROW ROW East Diffley Lexington Athletic fields P, Park P, Park and Recreation open sace South Diffley Lexington skate park P, Park P, Park and Recreation open sace West Ca oni Art Park P, Park QP, Quasi Public EVALUATION OF REQUEST The applicant is proposing to add a 19.7'X21',(413.7 square feet) third stall to the attached two stall garage for Lot 16, Block 1, Lexington Ridge. This unit is the first unit visible when entering the development. This development is a Planned Development that was approved with attached two car garages. The Planned Development allowed for reduced setbacks and a cluster type development. The proposed third stall would meet structure setbacks with the proposed re -plat of Lot 16 and will match building materials and style. The third stall will have its own vehicle access directly from the private street. SUMMARY/CONCLUSION The Lexington Ridge Planned Development was approved in 2004 to create 17 lots, 16 townhouse units and common area. This development is a cluster development with reduced setbacks and two stall attached garages. The site is fully developed. The proposed garage stall will have individual access onto the private street and a separate entrance than the existing garage. The architecture and building materials will match the existing garage. A re -plat of Lot 16 and common area will be required in order to accommodate the addition; the association will convey land to that lot. The applicant has applied for a re -plat.' �O� Planning Report — Lexington Ridge PD Amendment April 25, 2006 Page 3 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow 19.7' X 2 V third . stall addition to the attached garage for currently platted Lot 16,'Block 1, Lexington Ridge. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. The addition shall only apply to currently platted Lot 16, Block 1, Lexington Ridge, and be limited to 19.7'X 21' with similar and compatible exterior building materials. 3. The developer shall provide proof, in a form acceptable to the city attorney, that the Association can and will convey a portion of the common area to lot 16 and the property associated with the conveance shall be re -platted to accommodate the addition. 4. No additional building modifications shall be allowed. 105 Written Narrative for Lexington Ridge Development The developer is proposing to amend the planned development to include the construction of a garage addition to Lot 16, Block 1 of Lexington Ridge. This lot is the first lot as you enter the development on the south side of the street. To date, all of the 16 unit town homes have been constructed with the sale on 5 units currently completed. This amendment to the planned development will result in an additional drive access to the currently constructed private street.- This garage addition will provide symmetry to the development in that the unit across the street will be matched from the east setback line. Lot 16 is one of the more difficult lots to market and this will provide an opportunity to provide an amenity to this unit that will make it intriguing to the buyer and another unique unit within this urban village setting: ` This amendment will not have a detrimental affect on. the swrounding property or land uses. This amendment simply provides another mix of housing type in this area. Just like some buyers like a 3 or 4 bedroom home, other buyers would prefer a 3 -stall to a 2 - stall garage. There is no impact to public infrastructure and will have no impact to the surrounding properties outside this s6cluded development The architecture will match the existing town homes and will incorporate similar building materials and style. We believe this will simply add diversity to the building construction and will supplement the unique architectural character in this environment. The timing of construction is to complete the addition once the necessary approvals from the City have been granted. The developer is committed to allowing this to be the only building modification within this development. RECEIVED MAR 15 20M !D . o a — CONC. BAND t w rir COLOR • r`' o j CONC. A �►WITHIN �,— ND r �1 /1-5 UNIT B, UNIT 8 SB' SB a� � r o a two t tmasaaw awc w rir TY Pr"CT aNFSi t o 81Hdf tom. Com" FMDACT SP. _� ;1�; °�_ . �Irer/�r.r. �.'=;ns' �.c t �,..yc,:uJ � I "LS�II'�) �+iC .ir::unc+�rn v� },F wear .',rwr �r`i..riw w i.-«' uw r?R�a�s: '7e+w hrn�. �,, rr�aDl•*fllMuve�' k b;, _, ��r �"� 5 �� ���� ,�t�::�� Rte. I �....rJ� i• w?.w�-: i1:� � > > � 1 rT y,.,. •^�":yi M aMke+w.'..mt�LM''sui.'�'.�us3lfg'ti�.e4v.ct' �+1 dr,;..r.yy, r :� - ^' - , �' � „I.,a ^, j x 2t �i Kr^*� �vrji �bn ';J�1fld�„ �l `� P Lexington Ri4ye Unit 16 Proposed garage addition - North Elevation rn Proposed addition. Page 1 of 1 Mike Ridley From: Ray Miller [ray@miilervilleinc.com] Sent: Tuesday, April 25, 2006 10:16 PM To: APC Subject: Lexington Ridge I had an issue this evening that kept 'me from being on time to the Planning commission meeting. l arrived just in time to hear the vote. I was deeply distressed over the fact that I think I could have answered questions that may have shed a different light on the subject. I didn't intend that Paul Danielson (who coincidently helped me with the original planning of LR but was at the meeting for the Oak Hills presentation) would present to you but he tried to give you some information. He wasn't expected have all the facts but given he was there, he tried to help. I don't know what to do at this point and I don't know the protocol on the matter given it was voted. down. I would like to at least make an effort to explain my reasoning. 1. Although the buyer of this unit would like an additional stall for their garage, the idea of the garage was in process prior to their purchase and their purchase of the unit is not dependent on the additional garage. This proposal is NOT because of a potential buyer (although it would certainly be a bonus to them). I am not asking to have this garage approved for economic reasons. 2. 1 am asking for the ability to build an additional garage for reasons which you mentioned. First, it would bring continuity to the development. The single stall garage would be built to the setback line. (This would allow for one additional stall, not two as was assumed.) The line of the garage would not make this development more crowded but 1 think rather it would be more consistent with the unit across the street; both sides of the street would start at the setback line. 3. It would give privacy to the street and sidewalk in addition to the backyard of lot 16 (just like all; the remaining units in the development). 4. The development needs storage of utilities for the association's electric and water meters. The utilities were planned to be located in the area of the proposed garage. If the garage was approved they could, be hidden from public, view and safely placed behind the garage. 5. There were comments tonight that the development was already more crowded than it should. My perspective is that the density of LR that was approved is close to what could have been designed with the original R-1 zoning. We only have 16 units in 6 acres. We designed LR as a small community in the midst of parks. In fact we designed the units together in order to donate over 1/3- of the land back to the City as a Conservation easement. 6,. Not that public agreement should be the reason to approve or deny this request, I think it is worth noting that 11 of the 16 units are sold and 100% of the home owners approve of this request for all the reasons stated above. These are just some of my thoughts on why I asked for approval. If any of you have thoughts on this I would appreciate your comments. -- ray miller 4/27/2006 <Qq Agenda Information Memo May 2, 2006 Eagan City Council Meeting D. COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN ACTIONS TO BE CONSIDERED: To direct staff to submit the Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High. Density Residential to the Metropolitan Council for their review. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The vacant subject site was part of a 2005 subdivision by Tom Kennealy to create separate parcels for his existing home and a future development site. ➢ The subject site is located within Noise Zone 4 and the proposed residential use is considered conditional. ➢ Although development was not proposed at that time, the APC and City Council discussed the suitability of additional single-family detached homes in the area given the combination of surrounding uses and the noise impact from the north/south runway. ➢ Individual entrance residential uses are conditional in Noise Zone 4. The Goals and Polices of the Airports and Aviation section of the Comp Plan should be reviewed against this proposal: ➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and recommended approval of the amendment and rezoning. . 60 DAY AGENCY ACTION DEADLINE: May 14, 2006 ATTACHMENTS (3): Draft APC Minutes on page dvmgh -- . Staff report on pages through Aerial photograph on page. E. Kennealy Addition - Outlot A Applicant Name: City of Eagan Location: Outlot A Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from LD (Low Density) to HD (High Density). File Number: 18 -CG -04-04-06 Application: Rezoning A Rezoning from R-1(Residential Single Family) to R-4 File Number: 18-RZ-05-04-06 Community Development Director Jon Hohenstein introd information presented in the City Staff report dated Marc! and history. Chair Heyl opened the public hearing. Tom Kennealy, 2115 Silverbell Road stated he would pre't( zoned. Chair Heyl responded by explaiijiLngq that the furthe area is inconsistent with impact of airpon%,the surrou the expected redevelopment in the area f ; ensib le). is item--Wd. highlighted the f06. He h5Wthe background Rae property to remain as originally '§W. e family development in the dim altkfamily development and uses: —*= --.=I7 There being no further public comment, Chai'F-Hey-dbT@d blic hearing and turned the discussion back to the Co n. Member Gladhill statdd is impost to realize tat the issue of the use of the outlot came about as a result of"theijiter's retest to subdivi&&.Ie property. Member Bend. MemW&ee�e�a motion to recommend approval of a Comprehrv-e`-(ga�n ARWfWment from LD to HD for Outlot A, Kennealy Addition from R- 1 to R All voted von Motion.red 7-0 Member Bendit= ed, Memt, r Keeley seconded a motion to recommend approval of a Rezoning of Outrf�Kenney Addition from R-1 to R-4. All voted in favor. MotW carried 7-0. r1;� REPORT DATE: March 14, 2006 APPLICANT: City of Eagan PLANNING REPORT CITY OF EAGAN. CASE: 18 -CG -04-04-06 18-RZ-05-04-06 HEARING DATE: March 25, 2006 PROPERTY OWNER: Estate of J.W. Kennealy APPLICATION DATE: March 14, 2006 REQUEST: Comprehensive Guide Plan Amendment & Rezoning LOCATION: 2115 Silver Bell Road COMPREHENSIVE PLAN: LD — Low Density ZONING: R-1, Single Family SUMMARY OF REQUEST PREPARED BY: Michael J. Ridley, AICP The City is initiating a Comprehensive Guide Plan Amendment from LD — Low Density to HD — High Density and a Rezoning of a 1.29 acre site from R-1, Single Family to R-4, Residential Multiple. This request stems from the APC and Council's consideration of a subdivision request made by the property owner last spring. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation* ofland use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. l►3 Planning Report — Kennealy CGA & RZ April 25, 2006 Rezoning: City Code Chapter 11, Section 11.50, Subd. 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 regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The City Council approved a two -lot Preliminary Subdivision of the two acre property in April 2005. At that time, staff opined that adding. additional single family detached homes to the Wuthering Heights area would be inconsistent with the impact of aircraft noise generated by the new north/south runway at MSP. The following quote is an excerpt from the 2005 Kennealy Preliminary Subdivision report: "Because of its location in the noise zone and its adjacency to existing R-4 property, it maybe appropriate for the eastern portion of this property to be developed as apartments rather than as single-family homes. This would provide an extension of the existing multiple residential development on property to the east, and create new development that is compatible. with existing and anticipated development in the area and with the airport noise exposure." Subsequently, on April 19, 2005, the City Council took an action to direct staff to initiate a rezoning from R-1 to R-4 for the newly created (out)lot after the Final Subdivision was approved and recorded. EXISTING CONDITIONS The subject 1.29 acre outlot is vacant; however, the property that was subdivided contains a single family home that was constructed in 1958. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Single family residential zoned R-1 and Guided LD, Low Density. South - Tesseract School; zoned CGD and Guided Special Area. East - Apartment building; zoned R-4 and Guided HD, High Density. West - Single family residential zoned R-1 and Guided LD, Low Density. 114 Planning Report — Kennealy CGA & RZ April 25, 2006 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area The amendment and rezoning appear compatible with adjacent uses and results in the most suitable residential category in relation to the airport noise experienced in the area. The adjacent property to the east and northeast is developed with apartments and is zoned R-4, Residential Multiple. Dating back to at least 1980, the zoning designations on this and adjacent residential properties were inconsistent with their land use designations. The residential neighborhood was zoned R-1 (Residential Single-family) and R-4 (Residential Multiple), while the land use designation was Limited Industrial. With the update of the City's Comprehensive Guide Plan in 2001, at the request of the neighborhood, the City achieved consistency between the land use and zoning of the residential neighborhood by changing the land use designations to LD, Low Density Residential and HD, High Density Residential to match the actual use of the properties. Site Plan — There is no development proposed with this Amendment and Rezoning; however, Site Plan review and approval is required prior to development. Landscaping — To be determined with Site Plan review. Grading/Storm Drainage, — To be determined with Site Plan review. Wetlands/Water Quality — To be determined with Site Plan review. Access/Street Design - The only access to the site is via Silver Bell Road. Easements/Rights of WU/ Permits — To be determined with Site Plan review. Tree Preservation — To be determined with Site Plan review. Parks and Recreation — The ultimate development will be subject to a cash park and trail dedication based on the rates in effect at that time. SUMMARY/CONCLUSION The proposed Guide Plan Amendment and Rezoning are in keeping with City Council direction and will insure that single-entry residential will be developed on the subject site. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment from LD to HD for Outlot A, Kennealy Addition from R-1 to R-4. To recommend approval of a Rezoning of Outlot A, Kennealy Addition from R-1 to R-4. [IF 11 LP j" Eagan Boundary Right-of-way Location Map ParkAre a Building Footprint r t.•t'7v r 1�yh-.+'t nr'•yn' 3x9"4 s*,V, ' ru k�7 a�{,k e3 0 F�,�. �` t r=J,1 K ilea eo: � �.Y+• �a( j yry� "� ,. `c i t � 4 � ,�,1 ' 24 , ; 9� 1� �� # r pi y5gg k �•'.'1X's !�'"`� } 1 fi; �1 � .}A �� � >< r l�pT yy! f 5 1Si (ry�yy`''�� 'I Yt�..„,}3 —"e ., 1's#'P� ��y1�" �y�4� �r3�f �j(� '�V� ��r � ® S �r �t ` k�y i+' 4�7 c ���� r j ”"� 9P�, y �b,, Ist a�ntR+"ha�� ��4��'� Pip•" Sub ect Site . "'All }��`rF!ISQa�I�• O' a Y gooY^ ® Cti5. 0 �p'fet�Mp' +f•�,5� r n ® at I •• D ® 0®® ®®00 O 1 Aa 0 annual ® 1 m �8r ®® 96 Wind 1000 0 1000 2000 Feet Development/Developer. City of Eagan (Outlot A, Kennealy Addition) Application: Rezoning and Comprehensive Guide Plan Amendment Case No.: 18-RZ-05-04-06 and 18 -CG -040406 City Ba�� ' Map Prepared using ERSI AroVlew 3.1.. Parcel base map data provided l � � by Dakota County OMke of GIS and Is current as or AM[ 200& N E W+ of THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Wmmunny a•v-•pm•M o•p•rtm••t not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan city of Eagan Land Use Map Rezoning and Comp Guide Amend. 18-RZ-05-0406 and 18 -CG -040406 Zoning Map 1-1 A Location, PD PD R1 Current Zoning: R-1 Single Family Residential COD D AS NO• Q rn 6D no o goo 1200 rest Comprehensive Guide Plan Land Use Map IN QP BP Location LD IND SA BP Current Land Use Designation: HD P P SA LD Low Density (0-4 units/acre) o!S LD I SA SA 3 No,A tai N. 5tP � 1 S. no 0 we 1200 F." parcel base map information provldeuby Dakota County Land Survey Departmert Deambur 2005. N (� Ag �n 1 Zoning iMormation maintained byCity StafL l LQ Ull �" THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E U of The City of Eagan and Dakota Courtly do not guarantee the a-, —racy of this Information. S '7 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 29 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement for Acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Lyndon. Nelson Property at 3912-3914 Cedarvale Drive 3. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to _ Secure Options on Possible Relocation Sites for Cedarvale Mall Tenants F. OTHER BUSINESS G. ADJOURNMENT l ao Agenda Information Memo Eagan Economic Development Authority Meeting May 29 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the April 4, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the April 4, 2006 EDA meeting on pages -tcaa—la?) la I MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 4, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 4, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the agenda. as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the March 21, 2006 meeting as presented. Aye: 5 Nay: 0 There were no items. OLD BUSINESS NEW BUSINESS SOUTHEAST EAGAN — RECEIVE SUBSTANDARD CONDITION REPORT AND REQUEST CITY COUNCIL CALL FOR A RENEWAL AND RENOVATION DISTRICT PUBLIC HEARING Community Development Director Hohenstein discussed Revestors application for the creation of a renewal and renovation tax increment financing district. Commissioner Fields moved, Commissioner Fields seconded a motion to receive the substandard condition report and request from Revestors Realty for consideration of the creation of Renewal and Renovation Tax Increment Financing District for a portion of the area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in southeast Eagan and request that the City Council call for a public hearing. Aye: 5 Nay: 0 laa CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF STEVE MARTIN PROPERTY (FORMER CHILD CARE CENTER), 3990 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the potential acquisition of property located at 3990 Sibley Memorial Highway. Commissioner Carlson moved, Commissioner Tilley seconded a motion to authorize negotiations for the possible acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Maguired moved, Commissioner Fields seconded a motion to adjourn the meeting at 9:55 p.m. Aye: 5 Nay: 0 Date Executive Director I a3 Agenda Memo Eagan Economic Development Authority Meeting May 2, 2006 1. _CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT F� MYERS (EAGLE VALLEY BANK) ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for the acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway in the Cedar Grove Redevelopment District. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City was approached by the owners of the Eagle Valley Bank (Kent Myers) Property, 3900 Sibley Memorial Highway. At its meeting of February 7, 2006, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $1,700,000. The purchase agreement and related documents are in order for consideration at this time. ATTACHMENTS: • Area map on page • Resolutions on pages 1a c= to • Purchase Agreement, Lease Agreement and related documents available upon request. 4da'r."t-ir.O . a7madd if fflDtf'tena` Ar c "V CITY,OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR KENT MYERS (EAGLE VALLEY BANK) PROPERTY, 3900 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Eagan City Council to approve the Purchase Agreement for Kent Myers (Eagle Valley Bank) Property, 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mira Pepper, Deputy City 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 in a regular meeting thereof assembled this 2nd day of May, 2006. Mira Pepper, Deputy City Clerk GO EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR KENT MYERS (EAGLE VALLEY BANK) PROPERTY, 3900 SIBLEY MEMORIAL. HIGHWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Purchase Agreement for Kent Myers (Eagle Valley Bank) Property, 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 2nd day of May, 2006. Jon Hohenstein, Secretary/Deputy Executive Director 07 Agenda Memo Eagan Economic Development Authority Meeting May 2, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE NEGOTIATIONS FOF LYNDON NELSON PROPERTY ACTION TO BE CONSIDERED: To authorize staff to enter negotiations for the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive in the Cedar Grove Redevelopment District. FACTS: The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. The City has been approached by the Lyn Nelson, owner of the properties located at 3912-3914 Cedarvale Drive requesting that the City enter into negotiations for the purchase of the property. Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Nelson for that purpose. ATTACHMENTS: • Request letter on page • Area map on page 1?,� ►a9 Lyndon and Andrea Nelson 3650 Crestridge Court Eagan, MN 55123 651-454-3606-hme 651-451-7077-wrk April 21, 2006 APR'2 4 2006 John Hoenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Sale of building we own at 3912 and 3914 Cedarvale Drive, Eagan, MN 55122 Dear Mr. Hoenstein: I met today with Bob Bauer regarding the potential sale of the office building I own in the Cedarvale area to the city. Mr. Bauer informed me that if I wish to make an offer to sell to the city I should send you a letter with the appraisal of our property. Accordingly, enclosed herewith please find a copy of an appraisal we had done in June 2003. As you can see, this appraisal came in at a value at $235,000.00. We believe it is reasonable to add 5% compound interest to the value of the building since June of 2003. By my calculations, the value of this building in June 2006 would be $272,041.88. I hereby offer to sell 3912 and 3914 Cedarvale Drive to the city of Eagan for that price. As a condition of the sale, I would ask the city to lease the property back to me for the amount of $1.00 for a period of one (1) year from the date of closing to allow me time to find a place to relocate. I would continue to pay utilities. The city would cover any typical owner expenses such as common area expenses. Also, as a condition to this offer to sell, I would request/select the $20,000.00 lump sum relocation benefit option. I understand I would receive this payment on the day I vacate the building as opposed to the day of closing. If you any questions, comments, or concerns please contact me. . Very Truly Ygfi6, P. Nelson Enclosure Agenda Memo Eagan Economic Development Authority Meeting May 29 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE STAFF TO SECURE OPTIONS ON POSSIBLE RELOCATION SITES FOR CEDARVALE MALL TENANTS ACTION TO BE CONSIDERED: To authorize staff to secure options for possible relocation sites for Cedarvale Mall tenants. FACTS: • At the time that the City and the developer approved the Cedar Grove Redevelopment Agreement earlier this year, Schafer Richardson communicated a preliminary relocation schedule to the Cedarvale Mall tenants anticipating acquisition of the mall by the City by mid year. As the City and Schafer Richardson have been finalizing details associated with the acquisition of the Cedarvale Mall under the Cedar Grove Redevelopment agreement, that timeline has been delayed, but some mall tenants have identified possible receiver locations for their relocation. • The City cannot declare the businesses eligible for relocation or provide them relocation benefits until a later stage of the mall acquisition. The business owners have asked. the City to take steps to assist in retaining the sites to permit them to relocate and retain their eligibility for relocation assistance when the process reaches that point. • While the City cannot pay relocation assistance out of sequence, the City's TIF attorney has confirmed that it would be an eligible expense for the City to secure options on properties, if they are deemed to be suitable relocation sites that may be occupied when relocation eligibility occurs. At its meeting on April 18, the Finance Committee was briefed on the situation and recommended that the staff be authorized to work with the businesses and prospective property owners to take options to preserve receiver sites. • Staff has held preliminary discussions with Silver Bell Center, which is a prospective receiver for Cedarvale Barbers, Mike's Shoe Repair, Cedarvale Tailors and potentially one other Cedarvale business, and Kraus Anderson, which has made an offer of space for Community Drug and Alcohol Services. If authorized by the City Council, staff would proceed to finalize option or bridging agreements with those property owners for a period of up to three months to preserve the sites. Agenda Information Memo Eagan Economic Development Authority Meeting May 2, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. 132, • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 2, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF ADMINISTRATIVE SERVICES • Item 1. Declare unclaimed property to be surplus • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity 133 • City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 19 2006 SUBJECT: ADMINISTRATIVE AGENDA / MAY 2, 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves to right to hold an Executive Session/Closed Session for the purpose of addressing either matters of threatened or pending litigation and/or matters of personnel or labor contracts. At this time; there is no Executive Session scheduled. CITY ADMINISTRATOR There are no items at this time. • DIRECTOR OF PUBLIC WORKS There are no items at this time. DIRECTOR. OF ADMINISTRATIVE SERVICES Item 1. Declare unclaimed property to be surplus — At the April 18, 2006 City Council meeting, the Council declared bicycles, unclaimed property and miscellaneous City property as surplus to be sold at an auction held by the City of Burnsville on May 6, 2006. Since that time, additional items within the Police Department have become available for sale. Enclosed on pages - through is a list of the additional items to be declared surplus. ACTION TO BE CONSIDERED: To declare the additional list of unclaimed property as surplus. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages through staff will be available to provide • comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. lb4 Item 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-wee updates of larger development and construction activity. • The current update is enclosed on page . /s/ Thomas L. Hedges City Administrator • • .. Item Number Item Description 7 Regency Radio MX 3000 88 Ricoh Fax 20 R2971200266 89 anasonic VCR 90 2 -Mo la Gang Battery Chargi Model N 668A 91 2 -Wood Porta Table 92 Panasonic Trans er ndard 93 6' Compu Table 94 4' mputer. Table 95 Desk 5 Office Chairs 97 4 GMC Yukon Rims 98 Schwinn Sting Ray Gold Scooter 99 Next Super Scooter II — Purple 100 2 Spinner Hubcaps 101 Ottoman 102 Round Ottoman 103 3 Blue Pillows 104 2 RedNVhite/Blue Pillows 105 2 Square Pillows 106 1 Tan Pillow with Beads 1 b7 1 Small Velvet Beaded Pillow 108 2 Khaki Colored Pillows 109 Red/White/Blue Comforter 110 Queen Fitted Bed Sheet 111 Queen Bed Skirt 5/1/2006 Portable Radios Cassette) l3(p Department Fire Fire Fire Fire Admin CH CH CH PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD Page 5 Item Number Item Description Department 112 Tire and Rim PD 113 Green Wallet PD 114 Brown Ladies Wallet PD 115 Blue Wallet PD 116 JVC CD Player PD 117 SPL Amp PD 118 SPL Wood Box with Speakers PD 119 3 Bats —1 Golf Club PD 120 Sony Wood Box with Speakers PD 121 Wheelchair PD 122 Electronic Dictionary PD 123 HP Printer/Copier/Scanner PD 5/1/2006 137 Page 6 C7 • I • City of Eat Wo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMITY DEVELOPMENT DIRECTOR DATE: MAY 1, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — The Senate -House Conference Committee continues to meet regarding the eminent domain legislation. Negotiations are expected this week on key provisions including the transition language related to existing districts. The House negotiators are supporting Rep. Abrams language that permits existing districts to use eminent domain to assemble remaining properties. Staff will continue to monitor to see whether that position prevails versus the Senate language that was more restrictive. At the Council's direction, staff continues to communicate with members of the Legislature and our lobbying organizations on the desired outcomes from the conference discussions. • Cedar Grove Redevelopment District • First Phase Development Plans — Staff and the developer continue to meet to coordinate the submittal and review of the first phase development applications. The developer and staff are continuing their meetings with the APrC to discuss the overall approach to the parks and recreation needs of the area. • Silver Bell Center Remodeling and Redevelopment — The owners of Silver Bell Center, next to McDonalds, have indicated that they will not be pursuing the partial redevelopment of the site, but will be proceeding with the refacing and remodeling of the shopping center itself to meet the CGD standards. A number of Cedar Grove businesses are interested in relocating to Silver Bell. • Acquisition and Relocation Plans — The purchase of the Eagle Valley Bank property and a request for authorization to acquire the Lyndon Nelson property is on the EDA Agenda for May 2. The Minsk Market acquisition is expected to come back to the City Council on May 16. Negotiations continue with the owners Ellingson and Associates and Steve Martin for acquisition of those properties. Several other property owners are actively seeking new sites for their businesses. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area. Website updates also continue. Northeast Ear—an Redevelopment District • Grand Oaks Development — The first office building is occupied and stores arebeginning to occupy the retail strip. Construction is nearing completion on the Eagle Valley Bank. Construction on the next Grand Oaks office building is expected to begin this spring. • McGough Office Project — The developer has submitted revised offers to the four remaining • property owners in the northeast Eagan/McGough area. Roger Reiling has commissioned a seller's appraisal and has submitted it to McGough. McGough representatives have offered 139 4 I 6.1 mediation as a means of resolving the differences between the offers and the seller's appraisal. 0 Hwy 55 Parcels — DART Transit, the owner of a substantial number of the properties in the portion of the District south of Hwy 55 has indicated an intention to prepare a development/redevelopment plan for that part of the district. DART representatives met with staff on April 5 to discuss their progress in this regard. Further work remains to be done and DART will keep the City updated on their discussions with other property owners. Southeast Eagan Masterplan • Revestor's development plan for Red Pine Crossings was approved by the City Council on April 4 and the APC has passed a resolution finding the proposed renewal and renovation district for the area to be consistent with the Comprehensive Plan and zoning of the property. The City Council has scheduled a public hearing for June 6 for the possible creation of the renewal and renovation district. r� • 1� • City of Eap Demo TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: May 1, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address 3324 Promenade Ave • Development Update • Explanation Valuation Cingular Wireless 150,000 Type Comm_ Impr ➢ Interest in Business Park development in Northeast Eagan continues; Planning staff continues to'field questions from perspective developers and we have recently met with one of the property owners to discuss development related issues. We expect develop development applications in the near term. Staff will be happy to provide a brief overview of these items and/or respond to questions at Tuesday's, meeting. As always, staff is available between meetings to respond to questions that may come to Council members' attention from the community. HW UMBuilding Addy Reporls/Commerrial Reports for CC/2006 City of Evan demo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 1, 2006 SUBJECT: ADDITIONAL INFORMATION / MAY 2, 2006 CITY COUNCIL MEETING CONSENT AGENDA B. PERSONNEL ITEMS — Enclosed on page 9A is Item 5, Finance Intern; Item 6, Part-time Seasonal Concessions Workers; and Item 7, Part-time Seasonal Program Assistant to be added to the May 2; 2006 City Council packet. R. Accept Resignation of Ted Gladhill from the APC - Enclosed on pages 35A and 35B is an addition to the consent agenda to accept the resignation of Ted Gladhill from the Advisory Planning Commission (APC). The City received e-mail correspondence from Mr. Gladhill on Monday, May 1 to notice the City of his intent to resign. As a result of the resignation, there will • be one additional one-year vacancy on the APC that will need to be filled during the Council's appointment process. ORGANIZATIONAL BUSINESS A. Advisory Commission Appointments — Since the City learned of the resignation of APC member Ted Gladhill, enclosed are replacement pages for pages 68 and 69 of your packet. The revised pages reflect the change in the number of vacancies on the APC. As .a reminder, please use this modified list of vacancies as you prepare for the appointment process Tuesday evening: Assistant to the City Administrator Miller and Director of Administrative Services VanOverbeke will again coordinate the distribution and official count of the ballots. In keeping with the Council's past practice, the process will begin with voting on all of the 3 -year terms available, followed by 2 -year terms, 1 -year terms, etc. Asa reminder, there are five (5) applicants for the WMO and there are four openings. While the WMO is not an official advisory commission of the City, it is proposed that the same appointment process be used for the WMO as is being used for the four advisory commissions. In keeping with past practice, after and while the City Council is voting, if it is the desire of the Council to move on to the next agenda item, and then periodically update the vote to keep the meeting proceeding ahead, this is certainly is an acceptable process. • /s/ Thomas L. Hedges City Administrator • Agenda Information Memo May 2, 2006 Eagan City Council Meeting • B. PERSONNEL ITEMS: Item 5. Finance Intern -- ACTION TO BE CONSIDERED: To approve the appointment of Jake Nicklay, Finance Intern. Item 6. Part-time Seasonal Concessions Workers— ACTION TO BE CONSIDERED: To approve the hiring of Christie Bauer, Ben Eng, Katie Maruish, Matt Mason, Jill Petsinger, Alex Phillips, Austin Phillips, Kyle Stevenson and John VanOverbeke as part- time seasonal concessions workers. Item 7. Part-time Seasonal Program Assistant— ACTION TO BE CONSIDERED: To approve the hiring of Jackie Carlson as a Program Assistant. Agenda Information Memo May 2, 2006 Eagan City Council Meeting R. ACCEPT RESIGNATION OF TED GLADHILL FROM THE ADVISORY PLANNING COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Ted Gladhill from the Advisory Planning Commission. FACTS: ➢ Eagan Advisory Planning Commission member Ted Gladhill informed staff on Monday, May 1, 2006 that he will be resigning from the APC due to a significant career change requiring more of his time. ➢ Mr. Gladhill noted the wonderful experience he has had on the APC over the past four years, and thanked the City for the opportunity to serve. ➢ A one-year term has been added to the list of APC vacancies to be filled at the May 2, 2006 City Council meeting, in accordance with the City's policy of filling Commission vacancies following a resignation. • ATTACHMENTS: ➢ Enclosed on page _ is an e-mail that was sent to the City Council on Monday, May 1 from Mr. Gladhill thanking the Council for the opportunity to serve on the APC and noticing the Council of his resignation. • 36 A Page 1 of 2 Jon Hohenstein From: Ted Gladhill [ted.gladhill@comcast.net] Sent: Monday, May 01, 2006 3:00 PM To: City Council; Mike Ridley; Jon Hohenstein Cc: 'Gary Hansen'; Peter.Dugan@cbre.com; 'steve chavez'; Dana. Keeley@mpls.frb.org; 'Jenifer Matthees'; 'Carla Heyl' Subject: Ted Gladhill's APC Resignation Regrettably, I must submit my resignation from Eagan's Advisory Planning Commission effective immediately, and from the Signage Task Force following this Tuesday's meeting. Contrary to rumors, I am not resigning because of differences of opinion on the urban blight of electronic reader boards (read tongue-in-cheek)I Rather it is simply my inability to continue to dedicate the time required to fulfill the responsibilities of the position. Some of you are aware that I recently made a major career change — leaving my 20 -year corporate career with NCR Corporation in pursuit of my own business ventures. I am expanding Gadgetman — a custom home audio and video company dedicated to helping clients derive more enjoyment from their homes by designing and installing high quality whole -house sound and video systems and/or home theater systems — from a "spare -time" vocation of the past few years to a more serious pursuit. I also joined forces with a 35 -year veteran in a Manufacturer's Rep firm offering home and auto electronics to Custom installers and Distributors in the Midwest. The demands of expanding my small business (currently an Eagan home-based business) into a viable full-time career, combined with my wife, Anne's career expansion into full-time Management at her employer, plus the "normal" demands of a family with 3 and 6 -year-old children have begun to exceed my current capacity. For the last few months, I have tried to still apportion the time needed to be an effective Commissioner, but I simply can no longer balance the demands of these multiple roles and feel I must concentrate on my family and my businesses until the workload becomes a bit more manageable. I care deeply about the direction the City of Eagan takes and 1 feel honored to have played a role. I have been a resident of Eagan for 15 years and have no plans to leave in the foreseeable future. Through my participation on the City's Commissions for the past decade, I have endeavored to provide useful insight and thought-provoking feedback representative of many of our citizens to enable the Council to make more informed decisions. The City's staff is the finest I have ever had the pleasure of working with and have always been prepared with any needed assistance. Our City Council members clearly show their individual passion for the betterment of this City. My fellow Commission members have proven their dedication to helping this community and have earned my respect for their professionalism. I am privileged to have worked closely with all of you and I have enjoyed my tenure on the Commissions. I hope to again seek Commission appointment when my schedule becomes less demanding. Of course, I also hope that when that time comes, the City Council and staff will once again extend their welcome and consider me for appointment. If you have any questions (or would like to add or upgrade a whole -house audio, video or home theater system), please contact me. I would be happy to assist in the transition to the new Commission members by attending a workshop or pre -meeting, Ted Gladhill ted.gladh.. L&Qmgast,net Or: Ted Gladhill 3c 8 5/1/2006 • ADVISORY COMMISSION MEMBERS ADVISORY PLANNING COMMISSION Name Ori ` al Appointment Term Expires Years of Service Dana Keele (alternate) April 2005 Aril 2006 1 Peter Dugan 2 year term Aril 2004 Aril 2006 2 Carla Heyl January 2003 Aril 2006 3 Gary Hansen Jan 2003 Aril 2006 3 Duey Bendt January 2001 Aril 2007 SIGNED) 5 Jenifer Matthees A ri12004 Aril 2008 (RESIGNED) 2 Ted Gladhill (Alternate, 2002- Jan. 2003) January 2002 April 2007 (RESIGNED) 4 Steven Chavez Aril 2004 Aril 2007 2 Current Vacancies = 7 ADVISORY PARKS AND RECREATION COMMISSION Ryan Zi f (alternate) Aril 2005 Aril 2006 1 Terry Davis January 1997 April 2006 9 Dorothy Peterson January 2000 Aril 2006 5 Phil Belfiori January 2002 alternate 2002-2003 April 2006 4 Mark Fili i May 1997 Aril 2007 8 " Margo Danner January 2001 Aril 2007 5 Muhammad Lodhi Aril 2004 Aril 2007 2 Duane Hanson Aril 2004 April 2008 2 Joseph Bari January 1999 Aril 2008 6 Richard Pletcher January 2001 Aril 2008 5 Current Vacancies = 4 wvq Name Original Appointment Term Expires Years of Service AIRPORT RELATIONS CONMSSION Curtis Aljets (1 year term) April 2005 April 2006 1 Jack Prentice alternate Aril 2005 Aril 2006 1 Nathan Krahn 4nuary 2003 Aril 2006 3 Stephen Nieren arten January 2003 Aril 2006 3 Valerie Dosland Aril 2004 Aril 2007 SIGNED 2 Dean Haehnel Aril 2004 April 2007 2 Daniel Flanagan Aril 2004 April 2007 2 Charles Thorkildson January 1999 Aril 2008 6 Tammy Mencel August 2004 Aril 2008 2 Jason Bonnett Aril 2004 Aril 2008 2 Current Vacancies = 5 BURNSVILLEXAGAN TELECOMMUNICATIONS COMMISSION Robert Peterson alternate Aril 2005 Aril 2006 1 Joseph Conlon January 2003 Aril 2006 3 Bill Raker January 2000 Aril 2006 6 Jody Mikasen Aril 2005 A ri12008 1 Michael Owens Aril 2004 Aril 2008 2. Current Vacancies = 3 0 • •