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02/15/2005 - City Council Regular AGENDA - EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 15, 2005 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS p a A. Retirement of Ron Gjorvad IV. CONSENT AGENDA 3 A. APPROVE MINUTES P/113. PERSONNEL ITEMS ~a C. CHECK REGISTERS ?a D. APPROVE Change Order No. 1 for Contract 04-10 (North Water Treatment Plant - Landscaping and Irrigation) P E. ADOPT Findings of Fact for Denial - Variance - Mittlestaedt Brothers F. ADOPT Findings of Fact for Denial - Planned Development Amendment - Thrifty Car Rental IJG. ACKNOWLEDGE receipt of bids and award Contract 05-05, Cascade Bay pool restoration, to ABHE & Svoboda, Inc. l in the amount of $380,255 %f Lf H. AUTHORIZE application of a grant from the State of Minnesota for enhancements to Thresher Fields and designate the March 14, 2005 Advisory Parks Commission meeting as the public hearing APPROVE Lease Agreement between the City of Eagan and St. Croix Harley Davidson V.r PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS fY,A- PRELIMINARY SUBDIVISION - Trust for Public Land - A Preliminary and Final Subdivision (Caponi Art Park) of 60 acres to create four parcels, two ten acre parcels, and two 20 acre parcels located at 1205 Diffley Road in the SE '/4 of Section 22. ~6?13. CONSIDER AMENDMENT OF CONDITIONAL USE PERMIT -Armor Sanitation Site, 3291 Terminal Drive- Amendment of Conditions Regarding Storage Surface for TMI Coatings Relocation ` VIII. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE /fhy "IX. NEW RUNWAY/AIRPORT UPDATE XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI1. ADMINISTRATIVE AGENDA XIII. 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 confunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA - (There are no business items) C. APPROVE MINUTES D. OLD BUSINESS E_ NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XIV. OTHER BUSINESS XV. VISITORS TO BE HEARD (for those persons not on the agenda) XVI. CLOSED SESSION XVII. 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 notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. * At approximately 8:00 p.m. the Council will take a short recess. 41kl~ City of Ee~o To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: FEBRUARY 11, 2005 Subject: AGENDA INFORMATION FOR FEBRUARY 15, 2005 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the February 15, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 15, 2005 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RETIREMENT OF RON GJORVAD There will be a brief recognition for Ron Gjorvad, who has been a Police Officer for the City of Eagan for over 22 years and is retiring on March 1, 2005. Agenda Information Memo February 15, 2005 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 MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 1, 2005 regular City Council meeting, the January 25, 2005 special City Council meeting, the January 21-22, 2005 special City Council retreat and the January 11, 2005 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 1, 2005 regular City Council meeting are enclosed on pages through -9-. • Minutes of the January 25, 2005 special City Council meeting are enclosed on pages through jy_. • Minutes of the January 21-22, 2005 special City Council retreat are enclosed on page 0, - • Minutes of the January 11, 2005 special City Council meeting are enclosed on pages J through. MINUTES OF A REGULAR MEETING OF THE 0P,4)Cr EAGAN CITY COUNCIL Eagan, Minnesota February 1, 2005 A Listening Session was held February 1, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on February 1, 2005 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 McGarvey. AGENDA City Administrator Hedges noted that item H under the Consent Agenda would be moved to Public Hearings after item E. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS AWARD OF SAFE AND SOBER VIDEO CAMERA Safe and Sober Law Enforcement Liaison Bob O'Brien and Gordy Phrso from the Department of Public Safety made a presentation regarding the award of an in-squad video camera. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the January 18, 2005 regular City Council meeting and January 18, 2004 Listening Session as presented. B. Personnel Items. 1. It was recommended to approve hiring Springsted for the purpose of assisting in the recruitment of a Parks and Recreation Director. 2. It was recommended to approve the hiring of Dorene Perkins as a part-time Manager-on-Duty at the Community Center. 3. It was recommended to approve the hiring of Jessica Longtine as a part-time Fitness Instructor at the Community Center. C. Check Re isters. It was recommended to ratify the check registers dated January 20, 2005 and January 27 2005 as presented. D. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor license for Red Robin located at 1230 Town Centre Drive. E. Contract 05-01. It was recommended to approve the plans and specifications for Contract 05-01 (Windcrest / Salden Heights / Thomas Lake Heights / St. Francis Woods Additions - Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 3, 2005. F. Contract -4-05. It was recommended to receive the bids for Contract 04-05 (Well #20 - Pumping Equipment) and award the contract to Encomm Midwest in the amount of $189,189 and authorize the Mayor and City Clerk to execute all related documents. G. Contract 04-10. It was recommended to award Contract 04-10 (North Water Treatment Plant- Landscaping and Irrigation) to Wagner Sod Co., Inc., for the Base Bid in the amount of $232,394.11 and authorize the Mayor and City Clerk to execute all related documents. H. Moved to Public Hearings. 1. 2005-2006 City Council Goals. It was recommended to ratify the 2005-2006 City Council Goals. J. Contract 05-02. It was recommended to approve the plans and specifications for Contract 05-02 (Ridgecliffe / Cinnamon Ridge Additions / Coachman Road - Street Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, March 10, 2005. Eagan City Council Meeting Minutes DRAFT February 1, 2005 Page 2 Motion was made by Maguire, seconded by Tilley to approve the Consent Agenda as presented. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 911, BERKSHIRE / SAFARI 2ND ADDITIONS STREET OVERLAY IMPROVEMENTS City Administrator Hedges introduced this item regarding street overlay improvements for Berkshire / Safari 2nd Additions. Assistant City Engineer Gorder 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 Carlson moved, Councilmember Tilley seconded a motion to approve Project 911 (Berkshire / Safari 2nd Additions - Street Overlay Improvements) and authorize the preparation of detailed plans and specifications. Aye:5 Nay:0 PROJECT 918, PILOT KNOB ROAD - CENTRAL PARKWAY TO LONE OAK ROAD STREET & TRAFFIC SIGNAL IMPROVEMENTS City Administrator Hedges introduced this item regarding street and traffic signal improvements for Pilot Knob Road, Central Parkway to Lone Oak Road. Public Works Director Colbert gave a staff report. Tim Plath of SEH presented the Feasibility 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 Fields moved, Councilmember Maguire seconded a motion to approve Project 918 (Pilot Knob Road, Central Parkway to Lone Oak Road - Street and Traffic Signal Improvements), authorize the preparation of detailed final 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. Aye: 5 Nay: 0 VARIANCE - @ HOME APARTMENTS (VIEW POINTE APARTMENTS) City Administrator Hedges introduced this item regarding a request for a 31 stall Variance to the required number of enclosed parking stalls and a 28-stall Variance to the total number of parking stalls for the 327 unit View Pointe Apartments complex at 3909 Valley View Drive South. City Planner Ridley gave a staff report. The applicant discussed plans to upgrade the apartment complex Mayor Geagan opened the public hearing. Angela Smith, 2053 Bluestone Lane, discussed undue hardship guidelines in regard to the issuance of variances as outlined by the League of Minnesota Cities. She expressed concern in regard to the impact changes to the subject site could have on her property. Staff explained to Ms. Smith that there would be no changes made to the portion of the subject property which is adjacent to her property. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a 31 stall Variance to the required number of enclosed parking stalls and a 28 stall Variance to the total number of parking stalls for the 327 unit View Pointe Apartments complex at 3909 Valley View Drive South, in the NE '/4 of Section 19, 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 Eagan City Council Meeting Minutes DRAFT February 1, 2005 Page 3 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. The property shall be platted prior to issuance of the building permit for construction of the new rental office building. 3. The new rental office building shall meet required setbacks. VARIANCE - MIDDLESTADT BROTHERS City Administrator Hedges introduced this item regarding a request for a 2.5 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place. City Planner Ridley gave a staff report. Teresa and Thomas Mitsch discussed their need for a larger rambler style house which would require the proposed variance. Dan Fulford, with Middlestadt Brothers, discussed the plans for the house. He stated there are lots within the development that would have accommodated the larger home, but they had been sold to other buyers. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers discussed the possibility of a precedent being set if the variance for this vacant property is approved. Mr. and Mrs. Mitsch were asked if they would like to continue consideration of the variance to see if alterations could be made to the house plans that would better suit the lot. Mr. Mitsch indicated he was not interested in downsizing the proposed house by 400 square feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a 2.5 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located Lot 8, Block 1, Woodland Place in the NW '/a of Section 36 to be prepared by the City Attorney and brought back to the February 15, 2005 Council meeting. Aye: 3 Nay: 2 (Geagan and Tilley opposed) LOT 7, BLOCK 1, MCCARTHY RIDGE AND LOT 19, BLOCK 3 OSLUND TIMBERLINE EASEMENT VACATION City Administrator Hedges introduced this item regarding a vacation of public drainage and utility easements at 1581 McCarthy Road. Public Works Director Colbert 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 Fields moved, Councilmember Tilley seconded a motion to approve vacation of public drainage and utility easements on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline (1581 McCarthy Road) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 City Planner Ridley discussed the final plat of McCarthy Ridge 2°d Addition which combines two lots into one for properties located at 1581 McCarthy Road in the NE of Section 9. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the final plat for McCarthy Ridge 2nd Addition located at 1581 McCarthy Road in the NE of Section. Aye: 5 Nay: 0 ORGANIZATIONAL BUSINESS EAGAN CONVENTION AND VISITORS BUREAU APPOINTMENTS Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Councilmember Carlson, City Administrator Hedges and Chief Financial Officer Pepper the Eagan Convention and Visitors Bureau Board of Directors. Aye:5 Nay:0 6 Eagan City Council Meeting Minutes February 1, 2005 DRAFT Page 4 AMM APPOINTMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to recommend the endorsement of City Councilmember Maguire for appointment to the AMM Board of Directors for a term of two years. Aye: 5 Nay: 0 OLD BUSINESS REZONING, PRELIMINARY SUBDIVISION, PRELIMINARY PLANNED DEVELOPMENT (FORMER DIAMOND T SITE) - TOLL BROTHERS City Administrator Tom Hedges provided background information on the proposed Steeplechase development which was presented to the City Council at their January 4, 2005 regular meeting. The item was continued at that time to allow the developer time to address issues discussed at the meeting, which included public streets rather than private, no connection to Wellington Way, internal connection between public streets, attached units broken up into smaller plexes, and wetland mitigation on-site. City Planner Ridley briefly discussed the revised site plan. Eric Macbeth, Water Resources Coordinator, discussed the wetland exemption determination and the wetland boundary/type decision. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve and adopt the wetland exemption as determined by the City's Water Resources Coordinator for the property located at 4889 Pilot Knob Road. Aye:5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve and adopt the wetland boundary / type decision as determined by the City's Water Resources Coordinator for the property located at 4889 Pilot Knob Road. Aye: 5 Nay: 0 Joey Zorn, Toll Brothers, discussed the revised site plan. Councilmembers discussed the revised plan and made suggestions to the developer. It was the general consensus that Wellington Way not be opened to connect with Pilot Knob Road. It was noted that due to the changes in the plan, it will be necessary for the application to go back to the Advisory Commissions for review. Councilmember Tilley moved, Councilmember Fields seconded a motion to acknowledge the receipt of a revised, yet incomplete, development application for Steeplechase and to note the need for review by the advisory commissions following complete submittal of application material. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT (THRIFTY CAR RENTAL) City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking lot, for Thrifty Car Rental located at 1964 Rahncliff Court. City Planner Ridley gave a staff report. Councilmembers questioned the extent of maintenance to the vehicles that would take place outside the facility. The applicant was not present. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct findings of fact for denial for a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking lot, for Thrifty Car Rental located at 1964 Rahncliff Court, in the NE of Section 32. Aye: 4 Nay: 1 (Maguire opposed) PLANNED DEVELOPMENT AMENDMENT - PEANUT'S PLACE City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow overnight boarding of dogs at Peanut's Place, 1248 Town Centre Drive. City Planner Ridley gave a staff report. ^ Eagan City Council Meeting Minutes DRAFT February 1, 2005 Page 5 Discussion was held with Katie Labrosse,.the applicant, regarding the additional kennels to be constructed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow overnight boarding of dogs at Peanut's Place, 1248 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office prior to commencing overnight boarding. 2. Overnight boarding of up to 20 dogs is permitted, subject to the construction of additional kennels inside the building. The number of overnight boarding kennels shall not exceed 15. 3. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 35. 4. Staff hours of operation for boarded animals shall be 6:00 a.m. and 8:00 p.m. every day. 5. Customer service hours shall be 7:00 a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and 12:00 p.m. to 6:00 p.m. Sunday. 6. A security system shall be installed. 7. The applicant shall maintain a current kennel license. 8. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 9. All signage is subject to City Code requirements. 10. The fenced area behind the building shall be covered by a canvass awning that is an earth tone color that will be complementary to the Town Centre Shops building. 11. The designated bathroom area for the animals shall be cleaned daily. 12. All other terms and conditions of the 2002 Planned Development Amendment shall remain in full force and effect. PLANNED DEVELOPMENT AMENDMENT - DAKOTA RIDGE, LLC (BEST WESTERN) City Administrator Hedges introduced this item regarding a Planned Development Amendment for remodeling of the Best Western hotel at 3450 Washington Drive. City Planner Ridley gave a staff report. Mike Berkopec, representing Dakota Ridge, LLC discussed the signage proposed for the project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment for remodeling of the Best Western hotel at 3450 Washington Drive, Lots 1 and 2, Block 1, Bicentennial 8 h addition, in the NE 114 of Section 16, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's Office. 2. The following exhibits are required for the Planned Development Amendment Agreement. • Building Elevations • Site Lighting Plan • Signage Plan 3. The property shall be replatted as a single parcel prior to issuance of any permits for the exterior improvements to the building, lighting or signage. 4. Parking lot lighting and building mounted lighting shall be shielded and downcast, and the accent building lighting shall be shielded and directed such that the source of light is not visible from off the property. 5. The existing pylon sign on the northeast corner of the property shall be removed as well as signage on the east side. 6. To improve screening of the trash storage and service area, additional landscaping shall be installed along the south side of the service drive. The new landscaping shall be installed by September 30, 2005. Eagan City Council Meeting Minutes February 1, 2005 DRAFT Page 6 CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE City Administrator Hedges stated there was nothing new to report on in regard to the Caponi property acquisition at this time. NEW RUNWAY / AIRPORT UPDATE Assistant to the City Administrator Miller provided a brief update on the runway / airport issue. ADMINISTRATIVE AGENDA CONCEPTUAL APPROVAL OF FIBER PROJECT JOINT POWERS AGREEMENT City Administrator Hedges discussed a proposed Joint Powers Agreement with the Cities of Eagan, Apple Valley, Burnsville, Dakota County and Independent School District 196. Communications Director Garrison provided additional information at the request of the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to give conceptual approval, subject to the City Attorney and City Administrator's approval, to a Joint Powers Agreement for Development of a Fiber Project between the Cities of Eagan, Apple, Burnsville, Dakota County, and Independent School District 196. Aye: 5 Nay: 0 REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. The regular City Council meeting was recessed at 9:16 p.m. to convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 9:20 p.m. VISITORS TO BE HEARD Peter Coyle, representing Lone Oak Development, LLC and Laukka Beck Eagan Partnership, addressed the Council regarding a traffic study prepared by the City's traffic consultant, SRF Consulting Group, for the northeast Eagan redevelopment area. He requested that either the City's land use moratorium in that area be lifted for the property owned by Loan Oak Development and Laukka Beck Eagan Partnership or the moratorium be expanded to incorporate all commercial development in northeast Eagan. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:25 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy 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. MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2005 5:30 P.M. EAGAN CITY HALL - EAGAN ROOM City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Communications Garrison, Parks and Recreation Administrative Coordinator Mesko, Director of Administrative Services VanOverbeke, Police Chief Therkelsen, Community Development Director Hohenstein, Public Works Director Colbert and City Engineer Matthys. 1. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye: 3 Nay: 0 (Carlson and Tilley not present for the vote) H. VISITORS TO BE HEARD There were no visitors to be heard. III. ORGANIZATIONAL STUDY STATUS REPORT - VIRCHOW KRAUSE City Administrator Hedges introduced the item noting that in October of 2004 the City Council approved the consulting firm of Virchow Krause and Companies to serve as the City's consultant to conduct an organizational study. Hedges added that the goal of the study as outlined in the RFP was to provide a roadmap to the City of Eagan on the appropriate organizational model and staffing and service delivery to best meet the current and future needs of the community, recognizing the constraint fiscal environment in which the City operates. City Administrator Hedges introduced Christine Smith, Consulting Manager of Virchow Krause and Project Manager on the City's organizational study, who presented a brief overview on the scope and objective of the organization study, as well as an update on some of their preliminary findings and recommendations. The City Council discussed the organizational study and there was consensus that the report should be taken to the management team for further discussion and then bring any recommendations forward to the City Council's Personnel Committee later this spring. Once the Personnel Committee has reviewed the report, the Council directed that further discussion on the organizational study should take place at a City Council work retreat. M IV. SUMMIT PASS TRAFFIC CALMING City Administrator Hedges introduced the item noting that residents of the Summit Pass neighborhood have requested the City to address their concerns regarding volume and speed of traffic on their local residential street located off of Stonecliffe Drive south of Cliff Road. Hedges added that the City Council's Public Works Committee has been in dialogue with neighborhood representatives and have also reviewed several traffic studies conducted by the City's engineering staff. The City Council discussed various traffic calming alternatives available. Tim Ostrom, Summit Pass resident, addressed the City Council to thank them for the study and further emphasized the high traffic speeds in the Summit Pass neighborhood. Upon further discussion by the City Council, Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the Public Works Committee recommendation with regard to creating a 25 mph speed zone for Summit Pass for a period of one year. Following the one year trial period, the issue will be brought back to the City Council for further discussion on whether the 25-mph speed limit trial period was successful and/or whether additional traffic calming measures are needed, such as bump-outs or pavement markings, recognizing that any costs associated with the traffic calming measures would be the responsibility of the Summit Pass property owners. Aye: 5 Nay: 0 V. ROSEMOUNT JPA - EXTENSION OF UTILITIES City Administrator Hedges introduced the item noting that in November of 2004 the Rosemount City Council approved a resolution requesting a joint powers agreement (JPA) for the future extension of sanitary sewer services from the City of Eagan to sanitary districts Al and A2 in the City of Rosemount. City Engineer Matthys introduced Andy Brosler, Public Works Director and City Engineer for the City of Rosemount, who provided an overview on the City of Rosemount's desire for the sanitary sewer extension. The City Council discussed the request of Rosemount and questioned the extent with regard to capacity. Public Works Director Colbert stated that capacity is available should the sanitary sewer be extended. The City Council also discussed the need for the 120th Street extension, traffic implications of further development on Highway 3, and the current issues associated with Lebanon Hills watershed. Public Work Director Colbert noted that these issues could be conditions included in the JPA. There was City Council consensus for the Public Works Committee to work with staff on the various conditions that could be included within the JPA. Councilmember Tilley moved, Councilemember Fields seconded a motion to authorize staff to initiate discussions on a joint powers agreement with the City of Rosemount for the installation of sanitary sewer to serve a portion of the land area within Rosemount's corporate boundary and direct the Public Works Committee to review criteria for the JPA, including storm water issues and the extension of 120th Street. Aye: 5 Nay: 0 VI. NORTHEAST EAGAN LAND USE STUDY UPDATE City Administrator Hedges introduced the item noting that the purpose of the discussion tonight was to receive an update from the Northeast Eagan Land Use Study consultant regarding the status of the study and the next steps for its completion. Rusty Fifield of the Hoisington Koegler Group and consultant to the Northeast Eagan Land Use Study Committee, summarized the various technical memoranda that were distributed to the City Council which addressed a traffic analysis, airport noise, site characteristics, commercial land inventory, parks and trail improvements, and a service and fiscal analysis. The City Council discussed the evaluation of the various development scenarios that were reviewed. The City Council noted that transportation needs was one of the top goals identified for 2005-2006. The City Council voiced their desire to expand the traffic study area to encompass all areas of northeast Eagan. Public Works Director Colbert noted that an all encompassing study could be completed within 4 to 6 weeks. Community Development Director Hohenstein noted that should the Council proceed ahead with an expanded study, the Northeast Eagan Land Use Study would also be delayed, meaning that a final report from the study committee could be expected in April or May of 2005. Councilmember Fields moved, Councilmember Tilley seconded a motion directing staff to work with SRF Consulting to proceed with a broader study area of traffic and transportation issues in northeast Eagan to be completed in 4-6 weeks. Aye: 5 Nay: 0 VII. CEDAR GROVE REDEVELOPMENT AREA City Administrator Hedges introduced the item noting that the purpose of the discussion was to receive additional information regarding the Schafer Richardson - Ryland Development group regarding the refined conceptual redevelopment plan and development program for the Cedar Grove District and provide staff and the developer with additional direction. Hedges added that the developer presented information to the Council at its meeting on January 11, 2005; however, the entire Council was not present at the meeting and because of the significance of this development project, the City Council continued the item to the January 25th meeting to permit the full Council to determine whether to recognize Schafer Richard as the master developer and lead in the partnership with Ryland Homes. Community Development Director Hohenstein noted that SRF Consulting has prepared an update of the traffic portion of the AUAR to analyze the impacts of the proposed mixed uses, types and intensities. Hohenstein added that the update concluded that the proposed concept can be accommodated with the improvements to-date and some additional modifications of the turn lane on Cedar Grove Parkway, a turn lane on Dif cy Road and Nicols Road, and the installation of a traffic signal at Blackhawk Road and Silver Bell Road. /C~_ David Frank of Schafer Richardson and Chris Enger of Ryland Homes provided an overview of the various renderings for the Cedar Grove Redevelopment District. The City Council discussed the various concepts proposed for the area. The City Council noted that they are reviewing a conceptual plan and further modifications may be needed as the process goes forward. Community Development Director Hohenstein noted that each phase of the development will have a development review approval process. The City Council discussed the timeline for the various phases of development and the architectural standards for the area. Mr. Enger noted his comfort level in working within the architectural standards adopted by the City Council. The City Council stated that in reviewing other Ryland Home products, there was a consensus that they liked the product built by Ryland in the state of Maryland. The Mayor invited Mark Ulfers, Director of the Dakota County Community Development Agency, to address the Council regarding the potential role of the CDA within the Cedar Grove Redevelopment Area. Mr. Ulfers noted the many opportunities that could be available within the Cedar Grove Area, particularly with regard to mixed value housing. Ulfers highlighted housing projects that are currently included in other development and redevelopment areas within surrounding communities. The City Council thanked Mr. Ulfers for his input and noted their desire to continue working with the CDA. Community Development Director Hohenstein noted that the CDA is currently gathering additional information regarding affordable housing in Dakota County, which is consistent with the City Council's 2005-2006 goal to research and compile data on Eagan's current housing stock and future housing needs. The Council requested that an agenda item be dedicated on a future workshop for ongoing discussions with Mr. Ulfers regarding housing needs of the City. The City Council directed that the following actions be added to the February 1, 2005 EDA agenda: 1.) Recognition of Schafer Richardson as master developer and lead in the partnership of Ryland Homes. 2.) Preliminary approval of the refined conceptual redevelopment plan and development program - including general land uses, preliminary layout and building types. 3.) Confirmation of the role of the Council Finance Committee as liaison to staff for negotiation of development agreement. 4.) Issues to be resolved in the negotiation of a draft development agreement: • Specific phasing expectations, unit numbers, square footages and types • Responsibilities related to relocation of existing businesses and securing receiver sites • Responsibility for property acquisition and assembly and City assurance of developer purchase, if City takes the lead in property assembly • Relationship of phasing to financial assistance • Means of assuring delivery of specific development elements - uses, building products, etc. • Means of assuring completion of entire project • Other issues identified by the City Council 5.) Authorize staff to proceed with negotiation of the development agreement 12 VIII. OTHER BUSINESS There was no other business. IX. ADJOURNMENT The City Council adjourned the Special City Council meeting at 8:55 p.m. /Ll MINUTES SPECIAL CITY COUNCIL RETREAT JANUARY 21-22, 2005 MOONSHINE PARK RETREAT CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, Public Works Director Colbert, Director of Administrative Services VanOverbeke, Police Chief Therkelsen, Fire Chief Kriha, Parks and Recreation Administrative Coordinator Mesko, and Director of Communications Garrison. January 21, 2005 (2 n.m.-7:30 p.m.) The City Council met on January 21, 2005 with the department directors to discuss and formulate the City's 2005-2006 City goals. January 22, 2005 (9 a.m.-4:30 p.m.) The City Council continued their goals retreat on January 22, 2005 to further discuss the needs of the City in 2005-2006 in order to finalize the 2005-2006 City goals. The City Council established goals pertaining to the Eagan greenway, housing stock, transportation, airport noise, communications, redevelopment, economic development, and addressing the State budget impacts by analyzing and implementing tax saving measures. The retreat adjourned at 4:30 p.m. on January, 22, 2005. /57- MINUTES SPECIAL CITY COUNCIL MEETING JANUARY 11, 2005 5:30 P.M. EAGAN ROOM City Councilmembers present: Mayor Geagan, Councilmembers Fields, Maguire and Tilley. Councilmember Carlson was absent. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, City Planner Ridley, Director of Administrative Services VanOverbeke and Director of Communications Garrison. 1. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda with the addition of a brief discussion regarding a' liquor license violation under Other Business. Aye: 4; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. OFF-SALE LIQUOR LICENSE STUDY City Administrator Hedges introduced the item noting that the City Council at their meeting on October 4, 2004 directed staff to review City regulations with respect to liquor operations, to include regulations used by other cities. The City Council, on October 19, 2004, approved an ordinance effectively placing a moratorium on the issuance of off-sale liquor licenses for a period ending October 15, 2005 or such sooner time as the City Council may determine. Mayor Geagan framed the public policy question before the City Council, that being whether there should be any regulation on the number of liquor licenses issued. Owners of two liquor stores in Eagan addressed the City Council with their recommendation for further regulation on the number of licenses issued. Director of Administrative Services VanOverbeke noted that one liquor license application is pending for a liquor store to be located at the intersection of Diffley Road and Johnny Cake Ridge Road. The City Council discussed options for restrictions and/or regulations, including restrictions based on geographic location or population. Deputy Police Chief McDonald provided an update to the Council on the compliance checks that are done annually at each liquor establishment. 16 Upon further discussion by the Council, staff was directed to contact cities that currently have restrictions in order to prepare a list of options available to the City Council with regards to restrictions. The Council also directed staff to communicate with current liquor license holders regarding the various options in order to get their input. This item was directed back to a future Council workshop. IV. EAGAN TECHNOLODY TASK FORCE FINAL REPORT City Administrator Hedges introduced the item noting that on March 16, 2004 the Eagan City Council approved the creation of a Technology Task Force and the hiring of a Wireless Broadband Consultant to assist the work of the Task Force in completing its charge. Hedges noted that the Task Force includes Chamber representatives, representatives from the Economic Development and Telecommunication Advisory Commissions, and the Chief Technology Officers of Northwest Airlines, Thomson West and Blue Cross Blue Shield. Communications Director Garrison introduced members of the Task Force present, including Task Force Chair Tom Barnett, Rick King, Chief Technology Officer for Thomson West, and Bill Coleman, the Wireless Broadband Consultant assisting the Task Force. Members of the Task Force addressed the City Council noting the unique opportunity to serve on this important Task Force. Bill Coleman, Task Force Consultant, provided a report on the Task Force's findings. He noted that large businesses in Eagan are "fiber rich", whereas small businesses often have gaps in the service. Mr. Coleman also noted that Qwest has put a high priority on the deployment of DSL services in Eagan. Director Garrison summarized the actions for consideration. The City Council discussed the possible actions and report, and noted the excellent work that the Task Force has done on the issue of technology assets and infrastructure. Members of the Task Force also noted that their recommendation included a public/private partnership to address technology needs within the City of Eagan. The Council directed that the Task Force meet with the Advisory Planning Commission, Telecommunications Commission and Economic Development Commission in a joint meeting within the next quarter in order to come back to the City Council with their joint findings and recommendations in regard to the issue of an on-going technology advisory body, determining whether there is a need for the City to issue a request for information to technology providers to fill existing gaps in Eagan and possibly provide city-wide wireless coverage, and to determine whether the Planning Commission in consultation with Engineering and Community Development should review over the course of the next year existing City ordinances to determine what changes, if any, might be necessary to encourage technology deployment and approval conditions to facilitate future deployment. The Council also requested further information on the recommendation for a public/private partnership with regards to technology. The Council also asked for information on grant opportunities available for the Task Force and its studies. The Council asked staff to come back with an estimate on continued consulting costs. V. CEDAR GROVE REDEVELOPMENT AREA DISCUSSION City Administrator Hedges introduced the item noting that the purpose of tonight's discussion is to receive a presentation by Ryland Schafer-Richardson Development Group regarding the refined conceptual redevelopment plan and development program for the Cedar Grove Redevelopment District, and to provide staff with further direction regarding the proposed redevelopment plans. Community Development Hohenstein provided additional background, noting the activities that have taken place since November of 2004 including meetings of the Finance and Communications Committees regarding the Cedar Grove area, the tour of development and redevelopment projects throughout the metropolitan area, including those constructed by the development partnership, and ongoing meetings of staff with SRF regarding the preparation of an update of the traffic portion of the AUAR, which is underway. David Frank, of Ryland Schafer-Richardson provided a presentation to the Council on the refined conceptual redevelopment plan and development program for the Cedar Grove Redevelopment District. The City Council discussed the presentation. There was consensus that streets within the Cedar Grove Redevelopment District should be public, with the possibility of private alleys if necessary. The City Council further discussed the vision of the redevelopment area, parking issues, and residential development. Mayor Geagan specifically requested that staff pay particular attention to the existing businesses in the area in order to limit disruption to them. Councilmember Maguire noted he would like to see a mix of values within the residential development. In response, Mr. Frank noted that he will be meeting with staff from the CDA and representatives of MICAH in the near future to discuss issues associated with the housing. City Administrator Hedges noted that at the January 25 workshop, CDA Director Mark Ulfers will be present to provide an update on the strategies that could be used in the Cedar Grove Area. Upon further discussion, there was consensus by the City Council to bring the action items back to the City Council at the workshop on January 25 in order that all Councilmembers will be present for the vote. VI. OTHER BUSINESS City Administrator Hedges requested direction from the City Council regarding a recent liquor license violation at an Eagan establishment. There was consensus by the City Council to continue with the City's current process with regard to penalties associated with liquor license violations. There were City Council inquiries regarding the upcoming City Council retreat. The City Council discussed the start and end times for the retreat and noted that the Mayor will facilitate the retreat. VII. ADJOURNMENT The City Council workshop adjourned at 7:43 p.m. Agenda Information Memo February 15, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item L 9-1-1 Dispatcher ACTION TO BE CONSIDERED: To approve hiring of Amanda Lukkes as a 9-1-1 Dispatcher. Item 2. Lead Dispatcher/Promotion-- ACTION TO BE CONSIDERED: To approve the promotion of Sandra Flategraff from Dispatcher to Lead Dispatcher. Item 3. Part-time Concessions/Building Attendant/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Olson as a part-time Concessions/Building Attendant at the Community Center. Agenda Information Memo February 15, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 3, 2005 and February 10, 2005 as presented. ATTACHMENTS: • Check registers dated February 3, 2005 and February 10, 2005 are enclosed without page number. C2C/ Agenda Information Memo February 15, 2005 Eagan City Council Meeting D. CONTRACT 04-10, LANDSCAPE & IRRIGATION NORTH WATER TREATMENT PLANT ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 04-10 (North Water treatment Plant - Landscaping and Irrigation) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-10 provides for the landscaping and irrigation improvements for the Central Maintenance Facility Campus associated with the North Water Treatment Plant expansion located at 3419 Coachman Road. • Change Order #1 provides for the deletion of the ornamental gate and electric opener. (Deduct $55,046). With the deletion of these items from the contract, the City will then proceed to issue a separate contract for the gate and all remaining fence. a~ Agenda Information Memo February 15, 2005 Eagan City Council Meeting E. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - (MIDDLESTADT BROTHERS) ACTION TO BE CONSIDERED: To Continue this item to the March 1, 2005 City Council meeting at the applicant's request to allow them to finalize revisions. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ If the City. Council does not wish to continue this item, it should move to old business and the following motion shall be acted upon: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a 2.5 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place in the NW '/4 of Section 36, subject to the conditions in the staff report. ➢ At its regular meeting of February 1, 2005 the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the 2.5 percent Variance for Lot 8, Block 1, Woodland Place, to be considered at the February 15, 2004 regular Council meeting. ➢ The applicant has informed staff that they are revising plans, but will not be ready for the 2/15/05 meeting and would like the item continued to the 311105 City Council meeting. 60 DAY AGENCY ACTION DEADLINE: March 15, 2005 ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, pagea~3 through,'~g . BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Thomas and Theresa FINDINGS OF FACT, Mitsch for a 2.5% Variance to Exceed the 20% CONCLUSIONS AND Lot Coverage Limit on Lot 8, Block 1, RESOLUTION Woodland Place This matter came before the Eagan City Council at a public hearing on February 1, 2005. The Council received and considered the January 21, 2005, Planning Report; input from City staff; together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. MITTELSTAEDT BROTHERS CONSTRUCTION INC., a Minnesota corporation, is the owner of Lot 8, Block 1, Woodland Place (the "Property"). 2. The Property is designated as LD, Low-Density, within the City's Comprehensive Guide Land Use Plan, and is zoned R-1, Single-family Residential. 3. Section 11.60, Subd. 5(E) of the City Code restricts the amount of building coverage on any lot in the R-1 district to a maximum of twenty percent (20%). 4. The Property is part of a subdivision, Woodland Place (the "Subdivision"). The plat of Woodland Place was approved by the City in November 2004. a.~ 5. Thomas and Theresa Mitsch (the "Applicants") have submitted an application for a variance of 2.5% to the 20% maximum building coverage on the Property. 6. The Property is 15,552 square feet in size and the Applicants propose to build a structure with a building footprint of 3,521 square feet, which is 22.6% of the lot area. 7. Section 11.50, Subd. 3 of the City Code governs the issuance of variances. 8. Section 11.50, Subd. 3(A) of the City Code states that the basis for the granting of a variance is those situations where practical difficulties or a particular hardship would result from carrying out the strict letter of the City Code. 9. Section 11.50, Subd. 3(B)(3) of the City Code requires the City Council to consider the following factors in reviewing a request for a variance: (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 the Property have no control; (b) The literal interpretation of the provisions of the Code would deprive the Applicant's Property of a use commonly enjoyed by other properties in the same district; (c) Special conditions or circumstances do not result from the actions of the Applicant; (d) The granting of a variance request will not confer on the Applicant any special privilege that is denied to the owners of other lands, structures or buildings in the same district; (e) The variance requested is the minimum variance which would alleviate the hardship; and (f) The variance would not be materially detrimental to the purposes of the City Code or to other property in the same zone. 10. The Applicants submitted a letter to the City dated January 13, 2005, requesting a variance based on the "extenuating circumstances of this particular family," specifically Theresa Mitsch's use of a wheelchair and handicap van, which require additional space in the house and y garage; Brandon Mitsch's schooling; and Nate Mitsch's respiratory disease which requires him to be within 5 minutes of emergency medical services. CONCLUSIONS 1. The Applicants do not assert that any exceptional or extraordinary circumstances apply to the Property that 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 the Property have no control. Rather, the Applicants assert extenuating medical and educational circumstances of their particular family, which are unrelated to the Property. 2. The literal interpretation of the provisions of the Code would not deprive the Applicant's Property of a use commonly enjoyed by other properties in the same district. 3. The granting of a variance request will confer on the Applicants a special privilege that is denied to the owners of other lands, structures or buildings in the same district, specifically, the privilege of constructing a building that covers more than 20% of an R-I lot without any basis for the variance under the provisions of the City Code. 4. The Applicants have offered no evidence or testimony that the variance requested is the minimum variance that would alleviate the hardship. 5. The variance would be materially detrimental to the purposes of the City Code or to other property in the same zone because it would permit greater than 20% lot coverage without any basis for the variance under the provisions of the City Code. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicants' request for a Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2005. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk Agenda Information Memo February 15, 2005 Eagan City Council Meeting F. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - (THRIFTY CAR RENTAL) ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking lot for the Thrifty Car Rental that is currently located in the strip center at 1964 Rahncliff Court #100 in the NE'/a of Section 32. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The APC recommended approval of outdoor storage of 10 cars to be located behind the building; maintenance was required to be done off site or inside the building. ➢ At its regular meeting of February 1, 2005 the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Planned Development Amendment to store up to 10 cars in the parking lot for Thrifty Car Rental, to be considered at the February 15, 2004 regular Council meeting. ➢ Due to confusion on the applicant's part, they did not have a representative in attendance at the regular City Council meeting. ➢ The applicant plans to be present and would like to discuss the application with the City Council under Old Business. 60 DAY AGENCY ACTION DEADLINE: April 13, 2005 - city extended 60 days ATTACHMENTS: (3) G Findings of Fact, Conclusions & Resolution of Denial, page cZO through_3 1/25/05 draft APC minutes on page3r2 through Staff Report on pagethrough BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Kari Backes and FINDINGS OF FACT, A. MacFrugal Company d/b/a Thrifty Car CONCLUSIONS AND Rental for a Planned Development RESOLUTION Amendment This matter came before the Eagan City Council at its meeting of February 1, 2005. Based on all proceedings and materials presented to it, including the Planning Report dated January 4, 2005, and the minutes of the public hearing held by the Advisory Planning Commission on January 25, 2005, the Council determines the following: FINDINGS OF FACT 1. Kari Backes and A. MacFrugal Company, a Minnesota corporation, d/b/a Thrifty Car Rental (the "Applicants") have submitted an application to amend the Planned Development Agreement governing the use of Lot 2, Block 3, Rahncliff 2nd Addition, Dakota County, Minnesota (the "Property"). 2. The Property is owned by Bolsa West, LTD, a California limited partnership. 3. The Property is zoned Planned Development to accommodate retail uses. 4. The Applicants seek to amend the Planned Development Agreement to store up to 10 rental vehicles outdoors on the Property (the "Project"). 5. Outdoor storage is not identified as a use allowed under the Planned Development Agreement for the Property. 6. Outdoor storage of rental cars is not specifically addressed in the Zoning Ordinance; therefore, general outdoor storage requirements apply. 0u 7. Section 11.70, Subd. 22(C)(2) of the Eagan City Code provides that outside storage shall conform to the following performance standards: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right- of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 8. As noted in the Planning Report, the Applicants' Project fails to conform to the performance standards for outdoor storage: a. The outdoor storage area is not within an enclosure. b. An outdoor storage area is located in front of the building. C. The outdoor storage area is not screened from view from the public right- of-way. 9. The Advisory Planning Commission recommended approval of the Project subject to conditions set forth in the Planning Report. CONCLUSIONS 1. The Applicants' Project is properly brought before the City Council. 2. The Applicants produced no evidence to suggest that the existing Planned Development Agreement is erroneous or mistaken or that circumstances have changed to warrant an amendment. 3. As noted in the Planning Report, the Applicants' Project fails to satisfy the performance standards for outside storage under Section 11.70, Subd. 22(C)(2) of the Eagan City Code. 4. The Property maintains a viable use without the Project. 5. The Applicants' Project offers no benefit to the City within the Planned Development. RESOLUTION The City Council of the City of Eagan, by a motion duly made and seconded, denies the Applicants' request for a Planned Development Amendment to allow for outdoor storage of vehicles on the Property. 36) Dated at Eagan, Minnesota this day of 52005. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk ~31 City of Eagan Advisory Planning Commission Meeting Minutes January 25, 2005 Page 3 B. Thrifty Car Rental Applicant Name: Kari Backes, Thrifty Car Rental Location.: 1964 Rahncliff Court; Lot 2, Block 3, Rahncliff 2nd Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor storage of rental cars. File Number: 32-PA-28-12-04 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 4, 2005. She noted the background and history. Chair Heyl opened the public hearing. Tracey Cagley, Thrifty Car Rental requested that they be allowed to vacuum the cars outdoors onsite, no more than a couple times per week: There being no public comment, Chair Heyl closed the public bearing and turned the discussion back to the Commission. Planner Cartney explained that a similar operatjonperforms vehicle maintenance in an inside facility. Member Dugan stated by denying the applicant the right to vacuum the vehicles onsite when no inside facilityis,available, is like denying the business. Chair Heyl_stated the need to stay consistent. She asked the applicant if it is possible to clean the cars offsite. Ms. Cagley stated it is possible to perform vehicle maintenance offsite; however it will be an inconvenience to their customers. Member Bendt stated- a is in favor of the applicant being allowed to vacuum onsite due to the proposed location of the activity and the minimal amount of noise produced by a vacuum cleaner. Chair Heyl stated that she didn't disagree with Member Bendt's point but her belief is that Thrifty Car Rental should be treated the same as Enterprise Rental Car. For the City Council's benefit, she further requested that staff research the specifics involved with the Enterprise approval in Duckwood Square. ,3gw? City of Eagan Advisory Planning Commission Meeting Minutes January 25, 2005 Page 4 Member Bendt moved, Member Dugan seconded a motion to recommend approval of a Planned Development Amendment to allow up to 10 cars to be stored onsite for Thrifty Car Rental; located at 1964 Rahncliff Ct suite 100, Lot 2, Block 3, Rancliff 2nd Addition; in the NE of Section 32 subject to the following conditions as amended: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. Storage of the vehicles shall occur on the east side of the building. 3. The total number of vehicles stored onsite shall not exceed 10. 4. The sale of vehicles is prohibited. 5. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devises shall be attached to vehicles. 6. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. 7. . Occasional vehicle maintenance shall be allowed outdoors onsite. A vote was taken: Aye: Members Matthees, Bendt, and Hansen. Nay: Chair Heyl, Members Chavez, Dugan,, and Leeder. Motion failed 3-4. = Member Leeder moved, Meii3ber Chavez seconded a motion to recommend approval of a Planned Developm'e'nt Amendment to allow up to 10 cars to be stored onsite for Thrifty Car Rental, orated at 1964 Rahncliff Ct suite 100, Lot 2, Block 3, Rancliff 2nd Addition; in the NE'/4 of Section-32 subject to the following conditions: 1. The Planned Dev_elopmentAmendment, Agreement must be executed and recorded. 2. Storage of the vehicles shall _occur on the east side of the building. 3. The-, total number of vehiclesstoredfonsite shall not exceed 10. 4. The sale of vehicles is .,prohibited. 5. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devises shall be attached to vehicles. 6. The vehicles Cored on-the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles 7. Vehicle maintenance shall occur inside or offsite. A vote was taken: Aye: Chair Heyl, Members Chavez, Leeder, Hansen, and Dugan. Nay: Members Matthees, and Bendt. Motion carried 5-2. 33 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 4, 2005 CASE: 32-PA-28-12-04 APPLICANT: Kari Backes HEARING DATE: January 25, 2005 PROPERTY OWNER: Bolsa West LTD APPLICATION DATE: Dec. 12, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 1964 Rahncliff Ct Suite 100 COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of up to 10 rental cars in the parking lot for the Thrifty Car Rental that is currently located in the strip center at 1964 Rahncliff Ct suite 100 in the NE'/4 of Section 32. 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 1988, prior to development, the subject site was zoned Limited Business. The property was rezoned to Planned Development, and the subject site was approved for retail uses. Outdoor storage of rental cars is not specifically designated as a use in the Zoning Ordinance. However, in 1990 a Conditional Use Permit (CUP) was issued for Agency Rent-A-Car located in Yankee Square Shopping Center and in 1992 the Goodyear Service Center located in the Cedar Grove Redevelopment area was approved for a CUP to rent automobiles. In 1996 Jim Cooper's Planning Report - Thrifty Auto January 25, 2005 Page 2 Goodyear store located at Duckwood Square received CUP approval for outdoor storage of rental cars and in 1997 Enterprise Car Rental received CUP approval for outdoor storage of up to 10 rental cars, also located at Duck-wood Square. EXISTING CONDITIONS The subject site is located within a strip center that is fully developed. The main parking area is located in front of the building with additional parking in the rear. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Target Planned Development Retail Commercial East I-35E Right-of-way Right-of-way South Bakers Square Planned Development Retail Commercial West Burger King Community Shopping Retail Commercial Center EVALUATION OF REQUEST Proposal - The applicant is requesting approval to store up to 10 cars on site for local rentals. This Thrifty Car Rental is a subdivision of the main airport location. The cars are proposed to be parked behind the building and in front of the building in existing parking areas. Storing cars in front the building is not consistent with City standards for outdoor storage and other similar car rental operations in the City. The applicant also proposes to vacuum the cars behind the building with a portable vacuum. Additional building signage is proposed, on the front and the back of the building. Staff suggests all the cars be stored behind the building and maintenance be done inside the building or offsite. Si a e - The applicant is requesting to install two channel letter signs. One sign is proposed to be in the front of the building ( 2'X9.8') and the other sign is proposed on the back of the building (1.5'X5.6'). The proposed signage is consistent with other wall signage on the strip center. Code Requirements - Outdoor storage of rental cars is not specifically addressed in the Zoning Ordinance; therefore Outdoor storage requirements will be used to review this application. a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when Planning Report - Thrifty Auto January 25, 2005 Page 3 determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I--1) and general industrial (I--2) zoning districts, the enclosure may be detached from the principal building. The outdoor storage area is not proposed within an enclosure, rather an existing parking lot. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Storage of the cars are proposed behind the building and in front of the building. The storage will be in the existing parking lot meeting parking setbacks. c. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The cars will be located in the parking lot that is visible from public right-of-way. Additional screening doesn't appear to be necessary in this circumstance. d. The storage area shall not interfere with any pedestrian or vehicular movement. As proposed the storage should not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is an existing parking lot. According to the Site Plan there are 207 parking stalls provided onsite, 154 are required, the applicant is requesting to occupy 10 stalls; the parking requirements are still satisfied with the storage. Landscaping areas are not affected by this proposal. f. The storage area shall be sui faced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage is within a paved parking area. Similar Site - The Enterprise Rent-A-Car located at Duckwood Square is the most similar use as to what is requested with this application and will be used in review of this proposal. Enterprise has a CUP to allow up to 10 cars to be stored onsite. The 10 designated parking stalls are located in the back (south) side of the office space, which are screened by the building. All cleaning and maintenance of the automobiles occur completely within the building, which is a condition of approval. 34 Planning Report - Thrifty Auto January 25, 2005 Page 4 SUMMARY/CONCLUSION The applicant is requesting a Planned Development Amendment to allow outdoor storage of 10 cars in the parking lot of The Crossings of Eagan. Thrifty Car Rental is located in the strip center between the Post Office and Now Care, there currently Thrifty does not have wall signage. This location is a branch of the airport location. The proposal includes storing vehicles in the front of the building which is not consistent with City standards for outdoor storage. Staff suggests all storage should be in the rear of the building. The applicant indicated cars would be vacuumed at the rear of the building by a portable vacuum; staff also suggests that maintenance should only occur inside the building or offsite. Four out of six outdoor storage requirements are met (a, d, e, f); the proposed use is similar to other car rental facilities located in Eagan. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow up to 10 cars to be stored onsite for Thrifty Car Rental; located at 1964 Rahncliff Ct suite 100, Lot 2, Block 3, Rancliff 2"d Addition; in the NE 1/4 of Section 32. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. Storage of the vehicles shall occur on the east side of the building. 3. The total number of vehicles stored onsite shall not exceed 10. 4. The sale of vehicles is prohibited. 5. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devises shall be attached to vehicles. 6. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. 7. Vehicle maintenance shall occur inside or offsite. 3;2 PLANNED DEVELOPMENT AMENDMENT APPLICATION Legal Description of Property: lot 2 block 3 Rahncliff 2nd edition PID# 10-62726-020-03 Address: 1964 Rahncliff Ct. Suite 100 Eagan, MN 55122 Applicant: A. MacFrugal Company DBA Thrifty Car Rental Owner: Bolsa West LTD A. MacFrugal Company DBA Thrifty Car Rental is requesting an amendment to the zoning for the property lot 2 block 3 Rahncliff 2nd edition also known as 1964 Rahncliff Ct. The property is a shopping center named The Crossings of Eagan and is surrounded by Now Care Medical Center, Burger King, Bakers Square, Holiday Inn Express, and Hilton Garden Inn. The current zoning is Planned Development. A. MacFrugal Company DBA Thrifty Car Rental is a franchise of Dollar Thrifty Automotive Group and has been doing business in Minnesota since 1981. We have expanded by opening a location in Eagan. We would like permission to park up to 10 cars in the parking lot. The vehicles will be parked away from the building or behind the building and will not interfere with the public parking for other tenants. While every attempt is made to keep all the vehicles out on rent, it may become necessary to have vehicles parked in the lot overnight. For example, if a customer has a reservation and does not show to pick up the car or a customer returns their vehicle late. We will be cleaning the inside of vehicles behind the building using a portable vacuum which will be stored inside our space. The outside of vehicles will be done off the premises at a local car wash. No gasoline will be stored on the property, we use local gas stations to re-fill gas tanks on rental vehicles. We would also like permission to install two channel letter signs, one on the front of the building (approx 2' by 9.8') and one on the back (approx 1.5' by 5.6') of the building. The design of the signs has been approved by Dollar Thrifty's strict image department and will be professionally installed by Sign*A*Rama. R r 3 i j Eagan Bound-:ry'--~• Location Ma Street Centerline p o Parcel Area , Building Footprint 3 c EJ [DID B .w -y u Subject Site qq rr r~~ v s a - Lrc, A W-1 I J G ~ ,..r.sr 3Y _ t r r r, 4 - qD G +`\1 a vn be' q t 5 ` :4 V 1 ~ n= C~ n s e.: ~ t~ •n n t3 ~ kl w ~ '~1 ❑ i 17 r" f D ll 0 c _ o 0 Y II 1,1 , r~. ro f/ • ~ ra s t a1 / G o I r YA 1000 0 1000 2000 Feet Develop ment/Developer: Thrifty Car Rental Application: PD Amendment Case No.: 32-1"A-28-12- Map Prepared using 1 ArcV{ew 3.1 cel base map data provided N by Dakota County Of to is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E City ©F G'CICjC1P1 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D-olopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Thrift Auto PO Amendment Land Use Map Case No. 32-PA-28-12-0 i ru Zoning Map mm ~e. r° J R-4 [PD PD PD Location Current Zoning: D Ise PD Planned Development PD PD D PF PD ?o. PD { PD a ~P LB ?g PF coo P too 7x00 Fast~ Comprehensive Guide Plan ~mm mQ Land Use Map 4 HD RC RC o/s c F4 Location Current Land Use Designation: RC RC RC Retail Commercial QP 14*1 RC lD* o/s t O/S RC eg~P O/S 600 0 600 7200 Feet Parcel base map in motion pr__. 'kola County Land Survey Departmert June 2007. N n ormation maintained hyCity Stall 425-city of Eagan WE THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S Q k c t ZLI i i ~ I i I ? * r 2 fII` ~i -t 4 ; ~ r .i. ~ ~7 'rrrz yr _,f ~ ~ 77 r . rt p a:; ~~.y I~~lr h ~ ~k Y Al, 3 t. 4.. 1- tom`{ :.T- ~If I k1' )fit ' [E i ry i x ~ s. F w yam. ~ 3. ~ S yLST ~ YM^"ay~.'J !f ~ fK '~s4~~a.~ re y{-.- ~~aF OTti h ~ t I~t ~I I' r 1 " -r e~tti't.- 4 tJi 7 Agenda Memo February 15, 2005 City Council Meeting CONSENT AGENDA G: ACKNOWLEDGE receipt of bids and award Contract 05-05, Cascade Bay pool restoration, to Abbe & Svoboda, Inc. in the amount of $380,255. ACTION TO BE CONSIDERED: Accept the bids for Contract 05-05, Cascade Bay pool restoration and award contract to Abhe & Svboda, Inc in the amount of $380,255. FACTS: • At the December 6, 2004 City Council meeting, action was taken to approve the hiring of Encompass, Inc. to prepare plans and specifications for repair and restoration work at Cascade Bay. Based on an earlier investigative report on needed repair, it was projected that work would cost approximately $400,000. • At the January 4, 2005 City Council meeting, action was taken to approve the plans and specifications and authorize advertisement for bids to be opened on January 28, 2005. • The required work at Cascade Bay is very specialized and although six sets of plans and specifications were distributed, only two contractors submitted bids. • At bid opening, Meisinger Construction Company, Inc was the apparent low bidder, however, within an hour of the bid opening they withdrew their bid because of an obvious bid error estimated at $75,000. • With the withdrawal of the Meisinger bid, Abhe & Svoboda, Inc. then became the low bidder at $380,255. • The bid has been reviewed by Encompass, Ind. Engineers and found to be within reason and is recommended for award. • Abhe & Svoboda, Inc.'s subcontractor, Global Specialties, is located in Eagan and is a recognized and experienced pool contractor. Both contractors are currently completing a joint pool project estimated at $1.2 million. • The contractor is well aware of the designated completion date required for the pool to open for the 2005 season and is prepared to move ahead accordingly. ISSUES: • None q,3 Agenda Memo February 15, 2005 City Council Meeting CONSENT AGENDA H: AUTHORIZE application of a grant from the State of Minnesota for enhancements to Thresher Fields and designate the March 14, 2005 Advisory Parks Commission meeting as the public hearing. ACTION TO BE CONSIDERED: Authorize the preparation of a DNR Outdoor Recreation Grant Application for improvements to Thresher fields Park and direct the Advisory Parks and Recreation Commission to conduct the required Public Hearing at their regular meeting of March 14, 2005. FACTS: • Thresher Fields will be opening for youth field activities in the spring of 2005 • Given the size of the site, a large number of participants and spectators are expected throughout its season of use. There is no water available, portable toilets will be brought in until such time as a toilet facility is developed. • Water, sewer and electricity were extended into the site during the initial construction in anticipation of additional amenities, minimizing the projected expenditure. • Planned amenities include; trail extension, toilet/service building, open sided shelter structure, play structure, security lights, handicapped accessible features and landscaping. • The Department of Natural Resources (DNR) makes available to local units of government Outdoor Recreation grants to aid with the funding of eligible projects. • The process of obtaining a grant is competitive and becoming increasing difficult to obtain due to funding reductions. A similar request was not awarded in 2004 • By submitting an application the City is under NO obligation to except a grant award or make an expenditure. There is no application fee. • Grants are awarded as a 50% match with the City contribution being in-kind services or cash • The estimated project cost is in the range of approximately $390,000 to $425,000. Should a grant be awarded, a more refined estimate would be developed. • The estimated City expenditure/value of $ 195,000 to $215,000 would come from the Park Site Fund and in-house labor. Work would not begin until 2006. • The APrC will have reviewed the general application at their meeting of February 14, 2005. A recommendation to proceed was given previously at a full APrC workshop. • A public hearing must be held prior to submission of the grant. The APrC has previously conducted the public hearings relative to DNR grants. • A summary report of the Public Hearing will be provided to the Council for consideration prior to authorization to submit the grant. ISSUES: • None Agenda Information Memo February 15, 2005 Eagan City Council Meeting Consent Agenda: Approve a Lease Agreement Between the City of Eagan and St. Croix Harley Davidson ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2005 motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $2. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • The prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2005 document. • The motorcycles previously leased were returned to the dealership. By approving this new lease agreement, the police department will be able to use 2005 models. • The original start-up fees for the Traffic Enforcement Unit were paid by the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS Lease Agreement (3 copies) `s Agenda Information Memo February 15, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY AND FINAL SUBDIVISION (CAPONI ART PARK) - TPL ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision and a Final Subdivision (Caponi Art Park) of 60 acres to create four parcels, two ten acre parcels and two twenty acre parcels. The subject site is the Caponi Art Park and the Caponi estate located in the SE'/4 of Section 22 and the NE'/4 Section of 27; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Currently the subject site is three tax parcels, which are not platted. ➢ Proposed Lot 1, Block 2 has an existing house, proposed Lot 2, Block 1, is open park space the other two parcels are the current art park. ➢ The applicant is requesting to divide three tax parcels into 4 parcels; two ten acre parcels and two 20 acre parcels. ➢ The Caponi's would like to transfer ownership of all 60 acres to public and/or non-profit organizations for further development of the art park. ➢ No development is proposed with this subdivision. ➢ The Advisory Planning Commission held a public hearing for this item on January 25, 2005 and recommended approval. 120 DAY AGENCY ACTION DEADLINE: April 15, 2005 ATTACHMENTS (2): APC Minutes on Page VP-through7 66 Planning Staff Report on pages YT_through MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA January 25, 2005 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, January 25, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Matthees, Chavez, Dugan, Hansen, Bendt, and Leeder. Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Bob Bauer, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. AGENDA Member Leeder moved, Member Dugan seconded a„motion to adopt the Agenda. All voted in favor. Motion carried 7-0. December 28, 2004 ADVISORY PLANNING COMMISSION MEETING' MINUTES Member Leeder moved, Member Chavez seconded a motion to approve the December 28, 2004 Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. IV. PUBLIC HEARINGS New Business - - A. CaponiArt Park Applicant Name: Robert McGillivary, Trust for Public Land Location.: 1205 Diffley Road Application: Preliminary Subdivision A Preliminary" Subdivision of 60 acres to create four lots. File Number: 22-PS-25-12-04 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated January 14, 2005. 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 Heyl mentioned how the Caponi's have already entered into an agreement with the City. No further discussion took place. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Preliminary Subdivision and Final Subdivision (Caponi Art Park) of 60 acres to y City of Eagan Advisory Planning Commission Meeting Minutes January 25, 2005 Page 2 create four parcels, two ten acre parcels and two twenty acre parcels. The subject site is the Caponi Art Park and the Caponi estate located in the SE'/< of Section 22 and the NE subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 3 2. The property shall be platted. 3. This development shall dedicate public right-of-way along Diffley Road, as determined by the Dakota County Plat Commission. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 14, 2005 CASE: 22-PS-25-12-04 APPLICANT: Trust for Public Land HEARING DATE: January25, 2005 PROPERTY OWNER: Anthony Caponi APPLICATION DATE: Dec. 15, 2004 REQUEST: Preliminary Subdivision and Final Subdivision PREPARED BY: Sheila Cartney LOCATION: 1205 Diffley Road COMPREHENSIVE PLAN: Quasi Public and Park ZONING: Park SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Capon Art Park) of 60 acres to create four parcels, two ten acre parcels and two twenty acre parcels. The subject site is the Caponi Art Park and the Caponi estate located in the SE'/4 of Section 22 and the NE 1/4 Section of 27. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use Z/ 7 Planning Report - Caponi Art Park January 25, 2005 Page 2 contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY In 1987, the Caponi Art Park opened; schools and other organizations utilized the facility. In 1992, the Caponi Art Park Corporation was formed, a non-profit corporation. The corporation was formed to develop the park as a cultural resource both locally and nationally. Planning Report - Caponi Art Park January 25, 2005 Page 3 EXISTING CONDITIONS Currently the subject site is three tax parcels, which are not platted. Proposed Lot 1, Block 2 has an existing house, proposed Lot 2, Block 1, is open park space the other two parcels are the current art park. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Park P, Park P, Park South Single family R-1, single family LD, Low Density residential Residential East Single family, R-1, single family Park, LD, Low townhomes, and park residential, Park, PD, Density Residential Planned Development West Single family R-1, single family LD, Low Density residential Residential EVALUATION OF REOUEST Compatibility with Surrounding Area - The site is surrounded by residential uses and park uses. Development is not proposed with this subdivision therefore continued park use is compatible with the surrounding area. Memorandum of Understanding - A memorandum was signed by the Caponi's and the City of Eagan to memorialize the understanding each party has with the acquisition and operation of the Caponi Art Park. The Caponi's own 60 acres of land in Eagan. The goal is to transfer ownership of the entire 60 acres to either the public or non-profit entities for further development of open space within the City and Dakota County. This will be accomplished by public and non-profit ownership of fee simple title of the 60 acres; the establishment of conservation easements on various parcels; a maintenance agreement; and an operating agreement. The Caponi's will prepare a Business Plan regarding improvements, land uses, and programs related to the properties. An Operating Agreement is to be prepared by the Caponi's as well as a Maintenance Agreement. All parcels shall be platted. Proposal - The applicant is requesting to divide three tax parcels into 4 parcels. Two ten acre parcels and two 20 acre parcels. The Caponi's would like to transfer ownership of all 60 acres to public and/or non-profit organizations for further development of the art park. The Caponi's plan to create a business plan describing the improvements, land uses, and the conduct of S/ Planning Report - Caponi Art Park January 25, 2005 Page 4 programs on the property, as they presently, proposed improvements and programs that are contemplated for 2004-2006. Lots - Lot 1, Block 1, is proposed to be 779,570 square feet (17.8 acres) Lot 2, Block 1, is proposed to be 883,422 square feet (20.2 acres) Lot 1, Block 2 is proposed to be 401,401 square feet (9.29 acres) and Lot 2 Block 2, is proposed to be 404,945 square feet (9.29 acres). The Caponi residence is located on Lot 1, Block 2. Landscaping - A landscaping plan is not required. Grading - The existing site has large variations in topography and is heavily wooded. No grading is proposed as part of this subdivision. Storm Drainage - Storm sewer improvements will not be necessary as part of this subdivision Utilities - The existing house on Lot 1, Block 2 is served by private well and septic sewer system. The nearest City sanitary sewer system is not readily available for connection by the existing house on Lot 1. Streets/ Access/ Circulation - Access to the lots created with the subdivision is available from Diffley Road (County Road 30). Easements/ Permits/ Right-of-Way - The development is seeking a variable-width variance from the 75-foot one-half right-of-way dedication required by Dakota County along Diffley Road (County Road No. 30). As of the date of this report, the Dakota County Plat Commission has not acted on the variance request; but is scheduled to consider the plat at their regular meeting January 24. City staff will provide the Plat Commission's recommendation to the Advisory Planning Commission on the 25th. This development should dedicate public right-of-way along Diffley Road, as determined by the County Plat Commission. The Plat Commission is also requiring the dedication of restricted access along the entire width of the plat adjacent to Diffley Road, except in areas that meet their access spacing guidelines. The existing driveways onto Diffley Road that do not meet the spacing guidelines will be allowed to remain by permit, until such time the property develops further. Tree Preservation - Development is not proposed at this time, therefore there are no tree preservation issues. Parks and Recreation - The natural resources of the site will be protected through the creation of conservation easements and managed in a manner consistent with the requirements of the State and County open space grants. At the time of application for building permits to construct an approved amenity, consistent with the intent of the agreement between the parties, additional analysis will be conducted on the impacts. S.2 Planning Report - Caponi Art Park January 25, 2005 Page 5 SUMMARY/CONCLUSION The application is for a Preliminary Subdivision and a Final Subdivision, typically these applications are separate, but there is no development proposed at this time which allows the applications to be processed at the same time. The Memorandum of Understanding indicates that the Caponi's are to prepare a Business Plan that will describe any improvements, land uses, and programs for the site. The development is seeking a variable-width variance from the 75-foot one-half right-of-way dedication required by Dakota County along Diffley Road (County Road No. 30). As of the date of this report, the Dakota County Plat Commission has not acted on the variance request, but is scheduled to consider the plat at their regular meeting January 24. City staff will provide the Plat Commission's recommendation to the Advisory Planning Commission on the 25th. This development should dedicate public right-of-way along Diffley Road, as determined by the County Plat Commission. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision and Final Subdivision (Capon Art Park) of 60 acres to create four parcels, two ten acre parcels and two twenty acre parcels. The subject site is the Caponi Art Park and the Caponi estate located in the SE 1/4 of Section 22 and the NE '/4. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 3 2. The property shall be platted. 3. This development shall dedicate public right-of-way along Diffley Road, as determined by the Dakota County Plat Commission. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 5Y 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City, contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Ouality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 6"'57- FINANCIAL OBLIGATION-Caponi Art Park-Preliminary Subdivision There are pay-off balances of special assessments totaling $26,881.16 on the parcels proposed to be subdivided. The pay-off balance will be allocated to the lots created by the Subdivision. There are also deferred installments on these special assessments that total $55,321.20. (Total $82,202.36) At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. These charges are computed using the 2004 rates and using 80% of the gross areas of the underlying parcels to correspond to representations between the City, the Caponi Art Park and Tony and Cheryl Caponi. IMPROVEMENT USE RATE QUANTITY AMOUNT Storm Sewer Trunk Park $.0475/Sq. Ft. 1,916,640 91,041 Total $91,041 The following three connection charges are ordinarily required as a condition of subdivision. They are not included as a direct obligation at this time due to the proposed use of the property. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk P.F. $2,060/Ac. 16 Acres $32,960 Water Trunk P.F. 2,165/Ac. 36 Ac 77,940 Water Lateral P.F. 24.85/F.F. 2,740 F.F. 68,089 Total $178,989 WRITTEN NARRATIVE FOR SUBDIVISION AND PLATTING APPLICATION FOR THE CAPONI ART PARK Overview: The Trust for Public Land ("TPL") seeks to subdivide a 40-acre parcel on the south side of Diffley Road currently owned by Anthony and Cheryl Caponi into two parcels: a 20-acre parcel to be purchased by TPL and sold to the City of Eagan, and another 20-acre parcel to be sold to the Caponi Art Park Corporation, a nonprofit. Pursuant to the City's request, TPL also seeks to plat these two 20-acre parcels, as well as the two 10-acre parcels on the north side of Diffley Road currently owned by the Caponis. The Northeast 10-acre parcel will be purchased by TPL and sold to the City. The Northwest 10-acre parcel will be sold to the Caponi Art Park Corporation with the Capons retaining a life estate. All of the 60 acres will be operated as an art park pursuant to various agreements between the parties. Comprehensive Guide Plan: The existing and proposed designations are park. Zoning: The current and proposed designations are park. Timing: We would like to complete the subdivision and platting as soon as possible and sell the South 20-acre and Northeast 10-acre parcels to the City, with closing to occur on all of the parcels in late February or early March. Existing Land Uses: The 60 acres is currently operated as an art park. The Capons also have their residence and workshop on the property. Surrounding Land Uses and Zoning: The surrounding land uses and zoning are: park to the north, and to the east of the South 40; residential to the west and south, and on the northeast corner of the South 40 and to the northeast of the Northeast 10; planned development to the southeast of the South 40; and agricultural to the east of the Northeast 10. MEMORANDUM OF UNDERSTANDING This Memorandum is entered into by and between Anthony "Tony" Caponi and Cheryl Caponi, husband and wife, (the "Caponis") and the City of Eagan, a Minnesota Municipal Corporation, (the "City") to memorialize the understanding each has with respect to the acquisition and operation of the Caponi Art Park. 1. Pro e . Caponis are the fee owners of approximately 60 acres of land in the City of Eagan (Property), the legal description of which is attached hereto and made a part hereof by reference on Exhibit "A". For ease of description, the Property will be identified in this Memorandum as follows: Parcel A: Northwest 10 Acres. A 10-acre (more or less) parcel of land which is developed with a homestead, office and workshop, a driveway, sidewalks and other amenities, subject to life estates in the Caponis, in and to 1.37 acres thereof. Parcel B: The Middle 20 Acres. A 20-acre (more or less) parcel of land which is developed with trails, a driveway, parking lot, the Diffley Road underpass, and other non-structural improvements, lying South of Diffley Road and North of Parcel D. Parcel C: Northeast 10 Acres. A 10-acre (more or less) parcel of land which is undeveloped lying North of Diffley Road and East of Parcel A. Parcel D: The South 20 Acres. A 20-acre (more or less) parcel of land which is undeveloped and which lies adjacent to the South property line of the 60 acres of land described on Exhibit "A". 2. Goals. The goal of the City and the Caponis is to transfer ownership of the entire 60 acres to either public or non-profit entities for the continued use and further development of the Caponi Art Park for the esthetic enrichment of the residents of the City, for the purpose of retaining open space within the City and the County of Dakota, and for the cultural enrichment of the public at large. These goals will be achieved through (1) public and non-profit ownership of fee simple title to the 60 acres; (2) the establishment of conservation easements on various parcels; (3) a Maintenance Agreement entered into by all entities owning fee title to secure the future utilitarian needs of the Property; (4) an Operating Agreement entered into by all entities owning fee title to the Property for the purpose of producing and presenting cultural and educational programming to be undertaken by the Caponi Art Park Non-Profit Corporation. 3. Parcels C and D. The Caponis will convey an option to the Trust for Public Land, authorized to do business in Minnesota as The Trust for Public Land, Inc. (hereinafter "TPL") for the purchase of Parcels C and D at a purchase price of $2,261,000.00, said purchase price being in accordance with a certified appraisal dated March 26, 2004. The City will acquire an undivided interest from TPL in Parcels C and D for the sum of $720,000.00, provided, however, that in the event the entities providing additional funding for the purchase of Parcels C and D decline to acquire fee title, the interest of the City may be converted to fee simple title in the whole of the Parcels C and D. The County of Dakota will invest $850,000.00 toward the costs of acquisition of Parcels C and D through the County's Farmland and Natural Area Program. The County shall ~,5 g convey its funds to the City through a Joint Powers Agreement that stipulates that the City shall grant Dakota County a permanent conservation easement on Parcel D at no cost to Dakota County. TPL has secured an additional $691,000.00 in funding to provide the remainder of the purchase price under its Option Agreement from the following sources: a. The Minnesota Department of Natural Resources Natural and Scenic Grants Program ($200,000.00); b. The Minnesota Department of Natural Resources Remediation Grant Program ($300,000.00); C. The Trust for Public Land, authorized to do business in Minnesota as the Trust for Public Land, Inc. (approximately $191,000.00). 4. Parcels A and B. Parcels A and B will be conveyed by the Caponis to Caponi Art Park, a Minnesota Non-Profit Corporation (hereinafter CAP) subject to individual life estates retained by the Caponis in a parcel of land encompassing their homestead and out buildings. The net value of Parcels A and B (after deducting the value of the retained life estate) is $2,837,000.00, the Tentative Purchase Price. The Tentative Purchase Price will be further reduced by a gift from the Caponis to CAP in the amount of $956,500.00, which is calculated as follows: a. The appraised value of Parcel A ($1,278,000.00) less the appraised value of the life estate ($321,500.00) established the value of the Caponis' gift at $956,500.00. The Tentative Purchase Price of Parcels A and B ($2,836,500.00) less the Caponis' gift ($956,500.00) yields the Final Purchase Price to be paid by CAP for Parcels A and B ($1,880,000.00); b. The Final Purchase Price will be paid by the conveyance of a Mortgage by CAP to the Caponis with a term of 5 years. CAP shall convey a conservation easement on Parcel A to the City and shall convey a conservation easement on Parcel B to the City and the County of Dakota which are acceptable and approved by the City under its policies and by the County of Dakota as required by its policies in connection with the Farmland and Natural Area Program. The conservation easement on Parcel B shall have priority over the mortgage previously described and the conservation easement on Parcel A shall be junior to the mortgage previously described. 5. Interdependence of Conveyances and Funding Payments. Except for the Option Agreement between the Caponis and TPL, all payments of funds, grants, purchase money, or the Caponis' gift, and the corresponding conveyances, transfers of title, conveyance of conservation easements including all obligations described by the foregoing paragraphs are interdependent and shall occur substantially simultaneously. The time of performance of each obligation by any party described by the foregoing is the same as all obligations of all the parties. No party shall be required to perform any described obligation without concurrent performance of all described obligations by all parties. 6. Contingencies. The obligations of any party and the performance required of any party as described in the foregoing, is contingent upon satisfaction of the following conditions within 60 days of the execution of this Agreement by the City and by the Caponis: -2- ~q a. The Caponis shall prepare and present to the City, a complete Business Plan describing the improvements, the land uses, and the conduct of programs on the Property, as they presently exist, together with a complete Business Plan for the improvements, land uses, and the conduct of programs on the Property which are contemplated for 2004, 2005 and 2006. b. The Caponis shall prepare and present to the City, a complete Operating Agreement to be executed by the City and the Caponi Art Park Board of Directors together with any other entity which holds a fee interest in the Property. The Operating Agreement shall be prepared in conjunction with the City through the offices of the City Attorney and shall address the responsibilities and obligations that each signatory to the Agreement shall have in the operations conducted on the Property. Provision shall be included to insure that oversight is maintained of compliance with the conservation easements, the open space requirements, the zoning regulations, and similar land use controls. C. The Caponis shall prepare and present to the City, a Maintenance Agreement setting forth the obligations and responsibilities of the City and the Caponi Art Park Board of Directors and any other entity having a fee interest in the Property for the future maintenance of the Property including, without limitation, parking lot, entrance, trails and walkways, grasslands, shrubs and over-story, sewer and water, electric and gas utilities, improvements not subject to life estate, Diffley Road underpass, fences, provision for liability and casualty insurance, and any other matters related to the ongoing maintenance of the Property and its improvements. d. The Caponis shall plat Parcels A, B, C and D and shall commence the platting process immediately upon approval of this Memorandum of Understanding and will be assisted in the platting process by TPL. All parties recognize that the County may request a further dedication of street right-of-way to a maximum of 75 feet on each side of the centerline of Diffley Road and that such dedication would impose hardship on Parcel A (destruction of fence and sculptured landscaping), on Parcel B (cutting into ampitheater hill, and closure or removal of the Art Park entrance) and on Parcel C (steep downward slope) and the City agrees to use its best efforts in obtaining a variance from Dakota County requesting that the right-of-way dedication be waived as to the property described in this subparagraph. 7. Real Estate Taxes and Special Assessments. Upon transfer of fee title to the Property (subject to the life estate described), the Caponis shall pay, or make appropriate arrangements for payment approved by the City and any other taxing authority, special assessments for public improvements, and ad valorem real estate taxes not deferred by special legislation. The obligation for payment by the Caponis described herein shall not preclude the Caponis and the taxing orspecial assessment authorities from negotiating and reaching agreement on the amount of the final payments based, without limitation, on the use to be made of the Property in relation to the improvements underlying the taxes or special assessments; the benefits to the taxing and special assessment authorities derived from the limitation of land uses available on the Property under this Agreement; and the benefit to the City of Eagan, the County of Dakota, -3- 6o and the larger communities from the cultural, esthetic, open space and park uses; together with any other equitable considerations which may be persuasive. 8. Funding of Acquisition Costs. The City and the Caponis will provide mutual support to each other or any entity in efforts to obtain grants or any other funding which will be of assistance in effecting the conveyance of any interest in the Property to the entities contemplated by this Agreement. 9. Not a Contractual Obligation. This Memorandum of Understanding is not an enforceable contract. The parties shall use their best efforts to accomplish the goals hereof through the negotiation and drafting of separate, appropriate contract documents. The Caponis and the City hereby accept this Memorandum of Understanding and do hereby agree to use their best efforts in implementing the terms of this Agreement. Dated: 12. - /0 Anthony Caponi Dated: /Z ' /0 - L Che ap ni THE CITY OF EAGAN, a Minnesota Municipal Corporation Dated: 0 - BY: Pat Gea r Dated: l-2- 13- r4 BY: Maria L. Petersen, Clerk RJS/10287/AAemorandum of Understanding(Final-2) -4- ~l Legal Descriptions: 10-02200-010-80 The Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 22, Township 27, Range 23 10-02200-010-84 The Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 22, Township 27, Range 23 10-02700-011-02 Section 27, Township 27, Range 23, the Northwest 1/4 of the Northeast 1/4 and the West 99 feet- of the Northeast 1/4 of the Northeast 1/4; except beginning at a point on the South line 170 feet East of the Northwest corner, thence West 170 feet along the South line to the Southwest corner North along the West line 570 feet deflecting right at an angle of 134 degrees, 30 minutes, 6 seconds, 406.60 feet in a Southeasterly direction to a point parallel with and 285 feet North of South line deflecting right 68 degrees, 19 minutes, 55 sec- onds in a Southwestly direction 309.23 feet to beginning; 2.45 acres more or less- (NOTE: Exception lies west of Quigley Lake). EXHIBIT A Eagan Boundary Location Map o Street Centerline Parcel Area Building Footprint S q 4 W ii C s t^'.9 C3 • F^9 ~~014 Ge . p ® A v y- v v a c° crt Y°. o Subject Site soy y Ld °RAP ~ e ~ - e e I f9• w tS9 V' ~ Q ~ ~ to Subject Site 03 9 4 ® D 4y ~ 3 4 ~ tG ~ am7 a p ~ 0 16 9y J°" ua c P 3 d it ® ® ® [ aum ® ~ ~S fl; i © IP:B e J- GS Vab mm- ell '4 Af IMF D. lop] ~ v Gn &f 1000 0 1000 2000 Feet Development/Developer: Caponi Art Park Application: Preliminary & Final Subdivision Case No.: 22-PS-25-12-04 Map Prepared using ER51 ArcVlew 3.1. Parcel base map data provided N - by Dakota County Office of GIS and is current as of January 2004. F THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E City Or ciagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community oevdopment oepartnent not responsible for errors or omissions. I Current Zoning and Comprehensive Guide Plan Caponi Art Park Land Use Map Case No. 22-PS-25-12-04 Zoning Map P ye; R.1 P PF Subject Current Zoning: Area A P Park R-1 P p P Location P 600 0 600 7300 hH /C Comprehensive Guide Plan ~t~ V P (I Y Land Use Map P P P P FP Subject i n Area LD DRC Current Land Use Designation: Subject ~ Quasi Public Area P ® p ~ cs ~ . gg.. P 600 0 600 1200 F..t Parcel base map 1 crmstlon detb ako my LandSurvey Department June 2007. N ...no ng InTOrmat alntain.nd StstE City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 7 I + l f I F r t ;t _ q ' ~y _ t . ; ~ r ref X5 l`~\ c' ( a,- it ✓ Y L4AC NY 1 .r~•o-.- ! ~ ~3~. ~~4 ~'t ` ~Z: p `I tw, r,. 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AMENDMENT TO CONDITIONAL USE PERMIT - TMI COATINGS ACTIONS TO BE CONSIDERED: To approve or deny a modification of the Conditional Use Permit for Lot 8, Block 1, Sibley Terminal Industrial Park for outdoor storage of vehicles and equipment for property located in the SE '/a of Section 8 at 3291 Terminal Drive, contingent upon the acquisition and relocation of TMI Coatings to the site. Approval of the Conditional Use Permit (CUP) modifications would also be subject to the following attachments: Site Plan, list of storage items and the conditions listed and recorded. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ A CUP was issued in 1993 for outdoor storage of Aagard Sanitation trucks and roll-off containers. The site has been used for the same purpose by Armor Roll-Off Services for the last several years. ➢ Armor has recently been acquired by Waste Management and the Terminal Drive site is for sale. ➢ The opportunity for TMI to acquire this site will permit the company to relocate their business, vehicles and equipment on a schedule that will meet the March 2006 date stipulated in the City's acquisition of their current site at 2805 Dodd Road. ➢ Staff and the City's relocation consultant have reviewed the Terminal Drive site and believe that it is a good match for the company and that their move will facilitate the next steps for the Northeast Eagan redevelopment activity. ➢ The site is properly zoned, is in an area that has many firms with outdoor storage and it has an existing CUP in place that allows outdoor storage of vehicles and equipment. ➢ In consideration of the fact that the company is asking for modification of a condition, rather than a change of use, the City Attorney has concluded that in this case, it is appropriate for the matter to be considered by City Council rather than through the full CUP application and review process. ISSUES: The 1993 CUP required the site to have concrete or bituminous surface and concrete curb and gutter by 1995, only a portion of the site is in compliance with that condition. ➢ TMI has worked with staff and designed their storage on the site to the satisfaction of Engineering and Planning so that trailer and vehicle storage will occur only on surfaces that are currently paved. ➢ Equipment storage is proposed to occur on areas of the site to be covered with recycled bituminous. Pieces of equipment only leave the site after being loaded on to a vehicle or trailer. The alternative surface treatment is similar to that allowed by the City on "higher traffic" properties located on Terminal Drive. 60 DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS (5): Location map on page TMI Narrative on page . TMI List of vehicles/equipment and site 1 out on pages through Lao- Revised Conditions of approval on page TMI Acquisition/Relocation Background on page. d Eagan Boundary I'V Sit Centerline Parcel Area Location Map 7 Building Footprint 1 ~ 1 a. c 21 { y ®a ® cam Subject Site a a ® mmamlaal 5 NNE Mail a } I L_ 013 9 l m % 116 r M0 + a Is e® ~.a s A m® / ~ me ® 1 ~ to ILL ~ . i urrews eo. a iwaac aooea.e ao s 4r w f ~ ~ ~ ® I F 1000 0 1000 2000 Feet Development/Developer. 3291 Terminal Dr Application: Case No.: 6 9 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2005. W E dt Of en an THIS MAP IS INTENDED FOR REFERENCE USE ONLY v The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. FEB-10-2005 02:51PM FROM-TMI COATINGS 6514520598 T-990 P-002/003 F-866 COATINGS, INC. 2605 Dodd Road . St. Paul, Minnesota 55121-1519.651-452-6100 • FAX 651-452-0598 E-mail: tmi@tmicoatings.com • www.tmicoatings.com February 10, 2005 Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 - 651-6755694-Fax Re: Outdoor Storage of Trucks and Equipment at 3291 Terminal Drive Dear Jon: TMI Coatings is an industrial painting contractor. We provide labor, materials and equipment for painting at customer locations. For example we sandblast and paint municipal water tanks like we have done in the past for the City of Mendota Heights and the City of Eagan. Our business is seasonal and therefore most of our equipment is not in the yard during the busy season, which is spring, summer and fall. During the winter months there is activity in the southern states and we transport equipment to those locations, In all instances the equipment is transported out of the yard once and moved from job to job to job. For example we may have a job in Wichita, Kansas then the equipment is moved to Ada, Oklahoma and from there the equipment is moved to Arnold Air Force Base in Tennessee. Unlike our neighbor Transport America we do not have vehicles or trailers returning to the warehouse and leaving the warehouse daily but rather there is infrequent activity in the warehouse and yard. If you have any questions, please don't hesitate to contact me at (651) 452--6100, Sincerely yours, TM,I PINGS, C cy G1' i Preside encl: Sketch cc: Mike Ridley ka-eaganecon-4 Contractor for Protactive Coatings and Linings for Industry. ❑ 14MFR OVER 3,000 PROJECTS COMPLETED el* 0 FES-04-2005 04:21PM FROM-TIA1 COATINGS 6514520598 T-915 P.002/003 F-624 COATINGS, INC. 2805 Dodd Road • St. Paul, Minnesota 55121-1519.651-432-6100 • FAX 651-452-0595 E-mail: tmi@tmicoatings.com a www.tmicoaUngs.com February 4, 2005 Eagan Economic Development Authority Attn: Jon Nohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 - 651-675-5694-Fax Re: Outdoor Storage of Trucks and Equipment at 3291 Terminal Drive Dear Jon: TMI Coatings will have the following items located outdoors at the above referenced location: Vehicles: Five F-450 flatbeds Trailers: Five flatbed gooseneck trailers, seven storage trailers, three 20' shower trailers, four 45' trailers, three trailers with duct collectors, five flatbed gooseneck trailers with air compressors, three 40' semi-trailer bulk sand tankers. Equipment: Eight 6 bag sand pots (approximate size 6' long x 6' wide x 6' deep). Scaffolding and rigging on racks. Gang boxes, miscellaneous equipment. This is substantially similar use to the existing outdoor storage on this property up until February 2005 when the business was sold. If you have any questions, please don't hesitate to contact Guido Gliori at (952) 292-7565-cell or me at (651) 452-6100. Thank you. Sincerely yours, TM TINGS, I C racy Gl' i Presiden encl: Site Plan, Grading Plan cc: Mike Ridley Robert B. Bauer (no enclosure) ka-eaganecon-3 Contractor for Protective Coatings and Linings for Industry. O WVWR OVER 3,000 PROJECTS COMPLETED / / FES-10-2005 02:51PM FROM-TMI COATINGS 6514520598 T-990 P-003/003 F-866 1G• C .Fli~i::ii:iA..i i::i iiii PRICY ww 'Imr0 15 n Ir V 1.lu..y M.rw.M Nrwu I 3flN7diY Mod M 541 [ S .11 1~1 I IY IN~MNatl11M~ 0MY7r1 f i w w 1MIM ""d OMIOYtl9 'NYId 31 IS .w 1 YII1]III•Y]I r1 . -nail 111M 90 II ! I ~ ~ 1 i; ~ u",Qll ; , 1 1 1 r 1 , ~ 1./•r i 1 I , `I I 1 1 1 11 Ifle+..a...o n11 1 ' , 1 l i ~ 1 I I 1 1 1 ; it : f• Nice i 1 , Ws 11 1 te I b _ 1 1 1 _ 1 1 9'~ ~ I 1 z = J i l l -r4°_ r V b K IVA 1 1 ( ! 1 1 , 1 1 1 r 1 1 1 1 1 1 f ~ ' 1 1 1 1 C 1 1 1 1 1 1 1 I 1 1 1 1 ~ t ' ~ 1 1 , 1 1 f ' 1 1 1 1 1 1 1 I l i; •1 I I 11 ' 11 ' 111111' 1 ' 1 1 ■ ~ 1 1;1; r 1 1 , 1 1 ; 1 aN111■MY 1 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and subject to the terms and conditions hereof, a Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use Permit for outdoor storage of vehicles, trailers and equipment associated with industrial painting with within the confines of a "Limited Industrial (LI)" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 8, Block 1, Sibley Terminal Industrial Park 3. The amended Conditional Use Permit shall be recorded at Dakota County within 60 days of approval and proof of recording provided to the City. 4. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 5. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein and to include: The CUP shall be continually subject to the conditions listed below 6. The applicant shall prepare the site and apply a new application of recycled bituminous surface no later than July 1, 2005. 7. The applicant shall be responsible for regular maintenance the site and surfaces to eliminate tracking of recycled bituminous, dirt, mud, gravel, etc. on to Terminal Drive. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. CITY OF EAGAN A Minnesota Municipal Corporation By: Michael J. Ridley, AICP City Planner 113 February 10, 2005 STAFF BACKGROUND INFORMATION REGARDING TMI COATINGS: The City of Eagan designated an area of the City in the area of Hwys 55 and 149 as the Northeast Eagan Redevelopment District. As a part of the redevelopment activity in the area, the City has acquired certain properties for redevelopment purposes. Businesses located at those properties are assisted in their relocation to new sites pursuant to state and federal law. In 2004, the City acquired property located at 2805 Dodd Road to be redeveloped as part of the Grand Oak office park, previously approved by the City Council as Grand Oak Five. The primary tenant of the property is TMI Coatings, a long-time Eagan firm that paints and applies coatings to industrial equipment, flooring, water towers and other large surfaces. Under an agreement with the City, TMI has continued to lease the Dodd Road property while working actively with the City to identify and secure a site for its relocation. Because of the nature of the business and its need for outdoor storage of vehicles and equipment, the number of suitable sites for relocation has been limited. The lease agreement requires TMI to vacate the property by March, 2006. Within the last two weeks, TMI has informed the City that it has the opportunity to buy the property at 3291 Terminal Drive, which is being vacated by Armor Sanitation, following its purchase by Waste Management Incorporated. The site is properly zoned, is in an area that has many firms with outdoor storage and it has an existing conditional use permit in place that allows outdoor storage of vehicles and equipment. The opportunity for TMI to acquire this site will permit the company to complete modifications of the office building on the site and relocate their vehicles and equipment on a schedule that will meet the March, 2006 date. Staff and the City's relocation consultant have reviewed the site and believe that it is a good match for the company and that their move will facilitate the next steps for the Northeast Eagan redevelopment activity. As part of the company's due diligence prior to purchase, it has discussed with staff the relationship of its type of business to the current conditions of the CUP. Unlike the waste haulers that previously occupied the site, TMI's vehicles and equipment move into and out of the site less frequently. As a coatings contractor, TMI's vehicles and equipment trailers typically remain at job sites and are moved between job sites during the busy season. In the winter or during slow downs, equipment is returned to the site until the next job begins. Agenda Information Memo February 15, 2005 Eagan City Council Meeting VIII. CAPONI UPDATE ACTIONS TO BE CONSIDERED: There is no formal action to be considered. This item is for informational purposes only. FACTS: ➢ In anticipation of the completion of the sub-agreements by the respective attorneys, in the form agreed upon by the stake holders (operations, maintenance, etc). and the signing of the purchase agreement between TPL and the City, no additional stake-holders' meeting has been held. ➢ TPL has exercised their option to acquire the Caponi property. A closing is expected to occur on or before March 15, 2005. There have been no additional discussions with the City regarding the issue of outstanding assessments. ➢ What may be the final draft of the required Resource Management Plan has been completed by City staff and submitted to the County for review. ➢ TPL has completed a revised appraisal of the property that meets the required format and content necessary to meet State appraisal standards. The appraisal has been submitted to the DNR Grant Manager and City Attorney for review. ➢ The Dakota County Plat Commission approved a variance to the standard 75' right-of way for Diffley Road through the Caponi site, except along the NE 10 acres, which has no existing improvements in the right-of-way. It appears unlikely that widening of the road would be feasible at this time. Agenda Information Memo February 15, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: There is no formal action to be considered. This item is for informational purposes only. FACTS: ➢ A New Runway/Airport Open House was held on Thursday, February 10 at Metcalf Junior High. ➢ The open house at Metcalf was the fourth of ten open houses, and approximately 2,100 residents were invited to attend. ➢ Approximately 275 residents were in attendance at the open house. ➢ In addition to Assistant to the City Administrator Miller, there were four Airport Relations Commissioners members and five MAC staff members present at the open house. ➢ The open house went very well, with residents asking excellent questions and the MAC responding appropriately. ➢ There was concern expressed that the homes in the Cedar Grove area are much older and therefore do not provide the same sound attenuation as newly constructed homes. ➢ In addition to the formal presentation provided by the MAC, there was also a noise simulation that demonstrates the noise that can be expected for the neighborhoods in attendance. The demonstration simulates both interior and exterior noise levels when various types of aircraft are overhead. ➢ The next New Runway/Airport Open House will take place on April 21 at Thomas Lake Elementary School, beginning at 6:30 p.m. ~J City of Eapin ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 14, 2005 SUBJECT: ADDITIONAL INFORMATION / FEBRUARY 15 2005 CITY COUNCIL MEETING CONSENT H. Thresher Fields Park - The APrC will have reviewed the general application at their meeting on Monday, February 14, and if there are any changes or new recommendations, this item will be pulled from the Consent Agenda. s/s Thomas L. Hedges City Administrator ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA FEBRUARY 15 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Revised 2005-2006 Eagan City Council Goals Item 2. Informative / Cedar Grove Communications DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update ~l~ City of Eakan Me TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 14, 2005 SUBJECT: ADMINISTRATIVE AGENDA I FEBRUARY 15, 2005 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session for the purpose of considering threatened or pending litigation and matters of employee collective bargaining. CITY ADMINISTRATOR Item 1. Revised 2005-2006 Eagan City Council Goals ACTIONS TO BE CONSIDERED: To adopt the revised 2005-2006 City Council Goals. FACTS: ➢ Per the request of the Council at the February 1, 2005 City Council meeting, staff has revised the City Council goal statement with regard to green space. ➢ It was staff's recollection from the Council's goals retreat that the City Council wanted to communicate to residents that the City has identified specific sites to fit within the greenway corridor-i.e. Capon, Anderson, and McCarthy properties-however, the goal statement should not imply that the City is looking to acquire all vacant sites for green space-i.e. Diamond T property, golf courses, etc. ➢ The revised goals were included in the February 4, 2005 Additional Information memo for the Council's review. It was noted that the revised goals would be included on the February 15 Administrative Agenda for final confirmation by the City Council. ATTACHMENTS: ➢ Enclosed on page a are the proposed 2005-2006 City Council Goals for final ratification. III Item 2. Informative / Cedar Grove Communications - Per direction of the Communications Committee of the City Council, two letters were prepared for mailing regarding Cedar Grove. The first letter is to affected businesses in the area updating them on the status of redevelopment plans. The letter was mailed February 10'x'. A second letter to nearby residents in a wider notification area specified by the City Council (just under 4,000 names) will go out this week. Copies of both letters are attached on pages le~D through ]a&-.. The letter positions the Eagan Web site as a source for continuous updates. The first of several updated Web pages with helpful links have also been posted. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update - Staff is providing regular updates to the City Council regarding the City's redevelopme t districts as a part of each administrative agenda. In addition to the information enclosed on pager, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator 1~~ 2005-2006 EAGAN CITY COUNCIL GOALS (i I 1. Secure funding sources to expand Eagan's transportation infrastructure to meet the transportation needs of the community. 2. Encourage land use opportunities for the creation of a diverse mix of housing options. ✓ Research and compile data on Eagan's current housing stock and future housing needs. ✓ Address and enhance Eagan's reputation in regard to providing a fair and unbiased housing stock. 3. Implement the City's comprehensive City-wide communications plan to j enhance local government's responsiveness to Eagan citizens and businesses. i i 4. Pursue green space initiatives by securing properties that have been identified by I the City Council for greenway acquisition, including, but not limited to the Caponi, Anderson, and McCarthy properties. 5. Pursue economic development opportunities to preserve and expand Eagan's tax base, and promote the revitalization of Eagan redevelopment areas by: Cedar Grove Redevelopment i ✓ Identifying specific land users ✓ Researching funding alternatives ✓ Evaluating housing options and their TIF impacts ✓ Exploring a future transit hub in the Cedar Grove Redevelopment Area. i Highway 55/149 Redevelopment Area ✓ Supporting redevelopment initiatives to ensure the continued success and completion of the Highway 55/149 TIF District. SE Eagan Development/Redevelopment Area ` Develop a Master Plan that addresses retail service needs and mixed residential uses i 6. Actively pursue measures to mitigate and communicate the adverse impacts of increased airport noise on the City of Eagan. 7. Research and pursue opportunities for improved service delivery to best meet the current and future needs of the community, recognizing the constrained fiscal environment in which the City operates. City of Eapn Pat Geagan February 10, 2005 MAYOR Peggy Carlson Cyndee Fields Dear Cedar Grove Area Business Owners, Mike Maguire Meg Tilley As a business or property owner in Cedar Grove, we understand it has been COUNCIL MEMBERS difficult waiting to see what is going to happen in the redevelopment area and - knowing exactly how it affects you. We appreciate your patience and involvement in the process so far and look forward to working with you more as Thomas Hedges the redevelopment moves forward. CITY ADMINISTRATOR A lot of momentum is building behind the project now: This letter begins the active phase of our efforts to regularly communicate with those who own businesses or properties within the redevelopment area so they can know what to expect in the months ahead. MUNICIPAL CENTER Recently the Eagan City Council selected Shafer Richardson as the master 3830 Pilot Knob Road developer for the area. You probably know them as the owners of the Cedarvale Eagan, MN 55122-1810 Mall, but they have also handled attractive redevelopments in St. Louis Park and Hopkins. Now, in partnership with Rylund Homes, they are developing a multi- 651.675.5000 phone phase plan for Cedar Grove (see enclosed concept plan) that will integrate new 651.675.5012 fax and some existing retail businesses, and provide an attractive mix of homes, town 651.454.8535 TDD homes, condominiums and apartments. Now you can track the latest developments in Cedar Grove by going to MAINTENANCE FACILITY www.CityDfeagaan.com and clicking on Community Development/ Cedar Grove. 3501 Coachman Point Here you can read specific information for existing business and property owners Eagan, MN 55122 and learn what's new, what's next, and find a list of upcoming meetings and open 651.675.5300 phone houses you may wish to attend. 651.675.5360 fax 651.454.8535 TDD Here's some of what to expect in 2005: ➢ Land acquisition, clearing and construction will begin on the northeast and central areas of the Cedar Grove Redevelopment Area and over time move south and west. Again, the redevelopment area is specifically between www.cityofeagan.com Hwy 13 and Cedar Grove Parkway, from Silver Bell to Nicols Road. ➢ The City Council is committed to moving forward promptly with the Master Developers to refine and implement new development in the area. This will involve establishing a phasing schedule and timeline for when development will occur in various portions of Cedar Grove. THE LONE OAK TREE The symbol of strength and growth in our community. 1 c~D ➢ The City is working with the developer on an acquisition plan for the properties in each phase. The Council will also determine specific timelines to make offers and hear back from individual business property owners regarding a fair purchase price for their parcels. ➢ A part of the acquisition process involves assistance with relocation of existing businesses. This will be addressed as a part of the negotiations regarding acquisition of the property. Businesses that are rental tenants of properties will also be assisted with relocation. This process will be explained in more detail as the phasing plan and acquisition schedule are clarified. Clearly, as you can tell, the pace of redevelopment in the Cedar Grove area has begun to pick up. Just look at the beautiful new senior living facility built by Keystone Communities and the land that has been cleared for the first phase of the Nicols Ridge development. It's to be expected that you will have questions, the biggest of which is, "When and how will it affect me?" We appreciate your patience while staff, the City Council and the Master Developers work to flesh out answers to these important questions. In the meantime, check the City's Web site frequently for the latest updates. You can also expect newsletters and quarterly public meetings to inform property owners and leaseholders about current developments in Cedar Grove. If you want to discuss this information or have other questions, you may always contact our Community Development Director, Jon Hohenstein, at johenstein@cityofeagan.com or at 651-675-5660. With best wishes for 2005, Sincerely, and on behalf of the entire City Council, e, 447~ Mayor Pat Geagan dal City of a Pat Geagan February 11, 2005 MAYOR Peggy Carlson Dear Cedar Grove Area Residents, Cyndee Fields Mike Maguire Exciting things are happening in the Cedar Grove Redevelopment Area, and this letter begins Meg Tilley the active phase of our efforts to communicate with those who live nearby so you can know what to expect in the coming months. COUNCIL MEMBERS We want to thank you for enduring some inconvenience while Silver Bell Road was realigned Thomas Hedges and the beautiful entryways were completed along Cedar Grove Parkway. CITY ADMINISTRATOR These enhancements led to the first construction in the redevelopment area. If you haven't been inside the new Keystone Communities senior living complex, stop in. It is a beautiful facility. Recently the Eagan City Council selected Shafer Richardson as the master developer for the area (see enclosed concept plan) and they are working on a multi-phase plan for the area. The development will bring new retail businesses to the area, accommodate suitable existing MUNICIPAL CENTER businesses, and provide an attractive mix of homes, town homes, condominiums and 3830 Pilot Knob Road apartments. The concept plan promotes a pedestrian friendly approach with additional green Eagan, MN 55122-1810 space, public plazas and a full service transit station. 651.675.5000 phone Now you can track the latest developments in Cedar Grove by going to www.cityofeagan.com 651.675.5012 fax and clicking on Community Development/ Cedar Grove. Here you can learn what's new, 651.454.8535 TDD what's next, and upcoming meetings and events you may wish to attend. In coming months we will also be asking neighbors and residents what kind of businesses they would like to see come to the area. MAINTENANCE FACILITY As plans move forward and are approved, you may expect daytime construction noise and 3501 Coachman Point occasional road closures. Please know that the City of Eagan is committed to working with Eagan, MN 55122 neighbors and business owners as we pursue the goal of once again establishing the area as a 651.675.5300 phone vibrant gateway to Eagan. 651.675.5360 fax If issues arise, or you have questions, feel free to contact Community Development Director, 651.454.8535 TDD Jon Hohenstein, atjhohenstein@cityofeagan.com or at 651-675-5660. Thank you for being partners in progress. www.cityofeagan.com Sincerely, and on behalf of the entire City Council, 4-r ' THE LONE OAK TREE Mayor Pat Geagan The symbol of strength and growth in our community. lam 4011~ City of Eap ma TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 14, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE - ADMINISTRATIVE AGENDA In order to provide regular information to the City Council regarding activity in the City's redevelopment districts, staff is providing these brief updates with each Administrative Agenda. Staff will also provide any additional information that may be appropriate and respond to questions at the Council meeting. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement - At the City Council's direction, the staff, consultants and City Attorney have begun negotiations of the Development Agreement for the redevelopment of the core area. Staff will coordinate the details of the negotiation with the Council Finance Committee. A goal of March 15 has been set to bring the agreement to the Council for action. • Acquisition and Relocation Plans - As a part of the development agreement, staff has stressed the importance of the developer working with the City for phased acquisition of properties in the area and timely relocation of businesses. In response to the City's decision to approve the development concept, a number of business and property owners have begun to approach the City requesting the purchase of their properties. • Communications Activities - At the direction of the Communications Committee, a letter has been sent to the businesses and another letter to area residents providing an update on the actions to date and setting expectations for redevelopment activity moving forward. • Nicols Ridge - Phase I of the Nicols Ridge project is underway and US Home is working with staff on acquisitions of properties for Phase 11. The City recently closed on the sale of the Lachenmayer property to US Home and a purchase agreement for the Joos Electric property is being finalized and will be forwarded to the EDA at a future meeting. Joos has relocated its operation to a building in the Eagandale Industrial Park. • Financing Plans - Staff and the consultants are providing information to the Council Finance Committee for the long term financing of the public improvement projects in the area to date and the prospective costs of redeveloping the area moving forward. Northeast Eagan Redevelopment District • Grand Oaks Development - A site has been identified for the relocation of TMI Coatings from its current location to a site on Terminal Drive. The relocation of TMI will permit the second phase of the Grand Oaks Five project to proceed. • McGough Office Project - Negotiations on the development agreement for the Blue Gentian Road property are continuing. McGough continues to refine assumptions about the building size. • Retail Development Potential - There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward. la3 U ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA FEBRUARY 1, 2005 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Conceptual Approval of Fiber Project Joint Powers Agreement DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update 303 City of Ema TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 31, 2005 SUBJECT: ADMINISTRATIVE AGENDA / FEBRUARY 1, 2005 CITY COUNCIL MEETING CITY ATTORNEY There is need for an Executive Session for two purposes; 1.) to discuss the status of the Carriage Hills Ray Rahn Family v. City of Eagan, and 2.) discuss a proposal relative to negotiations with the Sworn Police Officers Union. CITY ADMINISTRATOR Item 1. Conceptual Approval of Fiber Project Joint Powers Agreement Cities of Eagan, Apple Valley, Burnsville, Dakota County and Independent School District 196 ACTIONS TO BE CONSIDERED: To give conceptual approval, subject to the City Attorney and City Administrator's approval, to a Joint Powers Agreement for Development of a Fiber Project between the Cities of Eagan, Apple Valley, Burnsville, Dakota County, and Independent School District 196. FACTS: • As part of the recently approved referendum, Independent School District (ISD) 196 plans to develop a fiber optic network with connections to all of its schools in order to improve its communications capacity and capability. • The Cities of Eagan, Apple Valley, Burnsville, and Dakota County also wish to connect to and use fiber within the School District's fiber optic network. • The first objective of the City of Eagan is to have a fiber connection to the Western Service Center in Apple Valley which is a major State hub for fiber connectivity. Eagan is currently connected into the State system through the Comcast institutional network which has some limitations. With the project provided for in this Joint Powers 3~} Agreement that connection would be replaced and the Comcast connection would become a back-up/redundant option for the City. • The City of Eagan needs to have high speed secure connectivity with the State to send and receive data particularly for Police use from the BCA. • Eagan's new connection could be provided for in two different ways and one needs to be selected for inclusion in the Joint Powers Agreement. First, in combination with Burnsville a shorter connection can be made at an estimated cost of $51,000. This option does not give Eagan any access to the fiber loop running through Eagan, but allows for the desired connection in combination with Comcast and the City of Burnsville. The second option provides for Eagan to be able to have access to a certain number of strands of fiber in the overall Eagan loop. The estimated cost of the second option is $225,000. • While there is no immediate need for the more extensive second option, in the long-term it provides the City with opportunities to partner with others and/or to sublease access to the use of those strands as well as to provide for future City operational requirements. The School District has tentatively agreed to a non-compete clause so they would not be in competition for the same revenue generation options. • Availability of the City controlled fiber may also provide backbone infrastructure for any future wireless connectivity in the Community. • This partnership, even at the level of the second option, allows the City access to the fiber at a cost significantly less than would be incurred on any solo installation. (Partnering with ISD 196 would be approximatetlyl/3 the cost of the City installing the fiber by itself.) • ISD 196 has an aggressive bidding schedule on the fiber project which has resulted in attempts to negotiate the terms of the Joint Powers Agreement among numerous entities in a rather tight time frame. • Staff is recommending that the cost of the City's participation be financed through the use of retained Cable TV franchise fees. • In the event the bids are not favorable or other problems arise that would change the City's position, Eagan has up to four weeks after the bid opening to withdraw from participation in the project. ISSUES: • The City Council is asked to address the public policy question, essentially balancing current needs at a $51,000 cost against future opportunities at a cost of $225,000. It appears that the incremental investment of $174,000 would be in the best long-term interest of the community, but that is a City Council determination. Staff is requesting ~3 DS City Council direction to pursue completion of the Joint Powers Agreement incorporating the Council's desired option. DIRECTOR OF PUBLIC WORKS There are no items at this time. 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 page staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator 31)LO City of Ebo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 31, 2005 SUBJECT: REDEVELOPMENT DISTRICT UPDATE - ADMINISTRATIVE AGENDA In order to provide regular information to the City Council regarding activity in the City's redevelopment districts, staff is providing these brief updates with each Administrative Agenda. Staff will also provide any additional information that may be appropriate and respond to questions at the Council meeting. Cedar Grove Redevelopment District • Schafer Richardson Ryland Actions - In follow up to the City Council's anticipated approval of the refined concept plan, staff will be moving forward with development agreement negotiations. Phase I development applications are likely to come forward in late spring. • Acquisition and Relocation Plans - As a part of the development agreement, staff will begin working with the developer on the communications with property owners for the phased acquisition of properties in the area. • Communications Activities - At the same time, staff will be distributing informational letters to the Cedar Grove Area businesses and residents, opening updated pages on the City website and scheduling additional information activities for the area and the community. • Nicols Ridge - The Nicols Ridge sales office is open and the first model homes are under construction at the site. The City has negotiated the purchase of the Joos Electric property and will be forwarding the purchase agreement to the EDA at a future meeting. The Eagan Pet Clinic owners indicate that they will begin construction of their replacement building in the Cliff Lake area this spring and be in a position to move to the facility prior to the second phase of the Nicols Ridge Development, in which their current location will be redeveloped. • Opus Office Warehouse Project - The recently approved Opus Office Warehouse falls within the Cedar Grove TIF district, but does not qualify for financing assistance because it is being built on one of the bare land parcels in the district. Tax increment from the site will be included in the ongoing analysis of the financing necessary for completion of other Cedar Grove projects. Northeast Eagan Redevelopment District • Grand Oaks Development - Final Planned Development information is being submitted on the retail and bank portions of the Grand Oak project at the corner of Hwys 55 and 149. • McGough Office Project - Negotiations on the development agreement for the Blue Gentian Road property are progressing well. The agreement is proposed to be substantially similar to the agreement for the Grand Oak Five project. Current plans for the site anticipate a 120,000 to 240,000 s.f. building, depending upon the scale of business(es) that are found to occupy the building. • Retail Development Potential - There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward. 307 e~o City of E TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 2005 SUBJECT: ADDITIONAL INFORMATION / MARCH 12005 CITY COUNCIL MEETING RECOGNITIONS AND PRESENTATIONS Dan Wolters, the new Metropolitan Council appointment by Governor Pawlenty, will be present for introduction and comments during Recognitions and Presentations tomorrow evening. OLD BUSINESS Item A. Mittlestaedt Brothers Variance - Enclosed on page 47A is a memo addressing the relationship of the Mittlestaedt Brothers variance request to additional space necessary for wheelchair accessibility. NEW BUSINESS Item B. Birchwood Office Park - City Councilmember Maguire has made a request for a site plan of the original plat to compare with the re-plat of Lots 4 and 5, Block 1; the copy will be available for review at the meeting on Tuesday. s/s Thomas L. Hedges City Administrator City of Eapn ma TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 28, 2005 SUBJECT: ADDITIONAL INFORMATION - MITTLESTAEDT BROTHERS VARIANCE LOT 8, BLOCK 1, WOODLAND PLACE - MODIFIED PLAN Councilmember Carlson contacted staff requesting additional information regarding the Woodland Place-Mittlestaedt variance request. Specifically, she asked about the square footages of the home and garage as compared to a home that did not require wheelchair accessibility. As is noted in the packet background for this item, the applicant originally requested a 2.6% variance. In response to the Council's request that they attempt to reduce the footprint to minimize the variance, the applicant reduced the footprint by 214 square feet to reduce the variance request to 1.2% or 197 square feet over the 20% standard. Because the hallways and specific rooms are embedded in the floorplan, it is difficult to back out specific square footages from the home that relate to these accommodations, although it is noted that hallways in the proposed home are planned to be at least six inches wider than a typical home and that ADA bathrooms and kitchens tend to require additional maneuvering space and often need to displace under counter storage to accommodate knee spaces. It is possible to compare the proposed garage to a typical three stall garage, acknowledging that additional area is necessary in this case to accommodate wheelchair transfers to and from vehicles and for a person in a wheelchair to maneuver around the vehicles. As part of the footprint reductions, the applicant eliminated storage space from the garage and reduced it from 1,070 square feet to 950 square feet. Chief Building Official Schoeppner indicates that a typical three stall garage averages around 700 square feet, a difference of 250 square feet. If the revised proposed house footprint were paired with a typical garage, it would meet the lot coverage maximum. If the Council determines that the applicant's efforts to minimize the amount of the variance and the larger garage size to accommodate wheelchair accessibility support the request for the variance, this calculation can be used as that basis. /4/A