07/05/2005 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
July 5, 2005 6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
IV. CONSENT AGENDA
f 1 A. APPROVE MINUTES
19 B. PERSONNEL ITEMS
?/ y C. CHECK REGISTERS
D. APPROVE Checklist for the Consideration of R-2 and R-3 Development in LD Low Density Comprehensive Guide
Plan Districts
pr q E. APPROVE Change Order No. 1 for Contract 05-01, Citywide Street Improvements
'p a1D F. APPROVE Change Order No. 1 for Contract 05-02, Citywide Street Improvements
G. APPROVE Amendment No. 1 to MNDOT Cooperative Agreement No. 86692 (Project 859, TH 551Lexington
Avenue/Blue Gentian Road - Intersection Reconfiguration)
n a?H. APPROVE Final Payment of Contract 02-17, Cedar Grove Parkway and Central Parkway - Streetscaping and
I Lighting
;J I. ACKNOWLEDGE completion and authorize City Maintenance of Project 02-K (Forest View Addition)
J. APPROVE Off-Sale Liquor License for E & M Liquor LLC, 1444 Yankee Doodle Road
?,2b K. DIRECT Preparation of an Ordinance Amendment, Chapter 5, Wine, Beer and Liquor Licensing and Regulation
?a L. AUTHORIZE Preparation of Policy regarding Requirements that Banks or Financial Institutions Provide Letters of
1 Credit or Financial Guarantees
p? 9 M. APPROVE 2005 Fee Schedule Amendment to add Temporary Sign Permit
3 N. APPROVE Final Planned Development and Final Subdivision - Manley Land Development / Homestead Village -
A Final Planned Development of 7.30 acres to create nine (9) twin homes. A Final Subdivision of 7.30 acres to
create nine (9) twin home lots and one (1) outlot in the SE'/4 of Section 36
?3 r O. APPROVE five (5) one-day conference registrations for five members of the Eagan Airport Relations Commission
to attend the 2005 Summer N.O.I.S.E. Conference at the Eagan Community Center.
pal P. APPROVE request for 6" private well for Thomson West
V. PUBLIC HEARINGS
3 A. EASEMENT VACATION - Vacation of public drainage and utility easement - Oak Hills Church
3d B. PROJECT 922, Lone Oak Drive and Lone Oak Parkway (Trail) - Continue Public Hearing to July 19, 2005.
VI. 1 OLD BUSINESS
P 7 A. CONDITIONAL USE PERMIT - First Industrial - A Conditional Use Permit to allow outside storage of trailers
located at Lot 1, Block 1, Apollo Subdivision in the NE '/4 of Section 11
VII. NEW BUSINESS
p 96 A. ORDINANCE AMENDMENT - Amendment of City Code Chapter 10 to Require the Posting of a Financial
Security Associated with Appeals of Wetland Determinations
f19 B. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - Manley Land
Development - Eagan Woods - A Planned Development Amendment and Final Planned Development to build a
24,000 sq. ft. 2 story Class A office building located at Outlot B, Eagan Woods Office Park (2nd Addition) in the
NE '/4 of Section 4
C. WAIVER OF SUBDIVISION - James Carlson and Robert Koenke, A Waiver of Subdivision to shift the property
P / de
VV line between Lots 5 and 6, Block 1, Wilderness Park Addition in the NE `/4 of Section 27.
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ADMINISTRATIVE AGENDA
a. Comments by City Council, City Administrator, and Department Heads
XI. NEW RUNWAY/AIRPORT UPDATE
r0xil. ECONOMIC DEVELOPMENT AUTHORITY
The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA')
may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council.
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
1191. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize staff to enter into negotiations for
the potential acquisition of MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove
Parkway
p /al 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize staff to enter into negotiations for
the potential acquisition of AVVR (Lundeen) property, 3994 Cedarvale Drive
F. OTHER BUSINESS
G. ADJOURNMENT
XIII. VISITORS TO BE HEARD (for those persons not on agenda)
XIV. CLOSED SESSION
XV. 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.
A City of Eagan In
To: HONORABLE MAYOR & COUNCILMEMBERS
From: CITY ADMINISTRATOR HEDGES
Date: JULY 1, 2005
Subject: AGENDA INFORMATION FOR JULY 5, 2005 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the July 5, 2005 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
July 5, 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 June 21, 2005 regular City Council meeting and the June 15, 2005
special City Council meeting as presented or modified.
ATTACHMENTS:
Minutes of the June 21, 2005 regular City Council meeting are enclosed on pages)
through -g.
Minutes of the June 15, 2005 special City Council meeting are enclosed on pages
through / .. .
a
MINUTES OF A REGULAR MEETING OF THE ®R4 FT
EAGAN CITY COUNCIL
Eagan, Minnesota
June 21, 2005
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Jim Roseblum, one
of three owners of Cedar Bluff Townhomes represented at the meeting, addressed the City Council about
the need for improvements to the housing units at Cedar Bluff. He informed the Council that is seeking to
have the homes designated as a Housing Improvement Area (HIA) through the State of Minnesota. Mr.
Roseblum noted that under the HIA program, the City would provide a loan to the owners of Cedar Bluffs
Townhomes to make improvements to the units. The loan would then be assessed back to the association,
according to Mr. Roseblum. The City Council directed staff to work with Mr. Roseblum and his fellow
owners, as well as contact the Community Development Agency, to further explore the options available to
Cedar Bluff Townhomes to improve their housing units and property.
A regular meeting of the Eagan City Council was held on June 21, 2005 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmember Fields, Councilmember Tilley,
Councilmember Carlson and Councilmember Maguire. Also present were City Administrator Hedges,
Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and
City Attorney Dougherty.
AGENDA
City Administrator Hedges stated that item F on the Consent Agenda will be pulled from the agenda and
continued to the July 5, 2005 Council meeting and that item D on Old Business will to be continued to the
November 15 Council meeting per the request of the applicant, Paster Enterprises.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as
modified. Aye: 5 Nay: 0
CONSENT AGENDA
Councilmember Fields asked to pull Item C for a separate vote.
A. Minutes. It was recommended to approve the minutes of the June 7, 2005 regular City
Council meeting, the May 31, 2005 special City Council meeting, and the May 24, 2005
special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Matthew Steele and Andrew Paul as
seasonal parks maintenance workers.
2. It was recommended to approve the hiring of Lindsey Taylor as a seasonal landscape
crew worker.
3. It was recommended to approve the hiring of Michael Graves and Mark Gradient as
seasonal utilities maintenance workers.
4. It was recommended to approve the hiring of Mary Schlender and James Snodgrass
as part-time seasonal recreation assistants (emcee & special events).
5. It was recommended to approve the hiring of Mandy Wineberg as a part-time
seasonal program assistant (tennis program).
6. It was recommended to approve the hiring of Michelle Collette, Chris Donahue,
Peter Fredricksen, Sarah Hartman, Derek Hoffman, Samantha Freund, Kevin Hu and
Iosif Sorokin as part-time seasonal tennis instructors.
C. (Pulled for discussion) Check Registers. It was recommended to ratify the check registers
dated June 9, 2005 and June 16, 2005 as presented.
Eagan City Council Meeting Minutes b19 A
June 21, 2005
Page 2
Councilmember Carlson moved, Councilmember Tilley seconded a motion to ratify the check
registers dated June 9, 2005 and June 16, 2005.
Aye: 4 Nay: 0 Abstain: 1 (Fields)
D. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance
Contractor Licenses for A+ Tree Service and Prime Cut Tree Service.
E. Conduct Excluded Bingo. It was recommended to approve an application to Conduct
Excluded Bingo for the Eagan Foundation.
F. (Pulled for continuance) Final Plan Development and Final Subdivision. It was
recommended to continue the Final Planned Development and Final Subdivision-
Homestead Village-Manley Land Development - A Final Planned Development of 7.30
acres to create nine (9) twin homes and a Final Subdivision of 7.30 acres to create 18 lots and
one outlot in the SE '/4 of Section 36 to the July 5`s Council meeting.
G. Preparation of Ordinance Amendment. It was recommended to direct Preparation of an
Ordinance Amendment regarding bond requirements for wetland appeals.
H. 897 Hyland Court. It was recommended to approve a no-loss decision, or no negative impact,
to a wetland area at 897 Hyland Court.
1. Amendment. It was recommended to approve amendment to the April 19, 2005 City Council
minutes.
J. Contract 04-07. It was recommended to approve Change Order No. 3 for Contract 04-07
(Lexington Ridge-Street Improvements).
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the
Consent Agenda. Aye:4 Nay:0 (Fields abstaining)
PUBLIC HEARINGS
PROJECT 813, FINAL ASSESSMENT HEARING, CENTRAL PARKWAY (STREETSCAPING)
City Administrator Hedges introduced this item regarding the final assessment of Project 813 providing
streetscaping on Central Parkway. Director Colbert provided information on the location of the project.
He also provided information on which property owners will be assessed to support Project 813. All
potentially affected property owners have been notified by legal publication. Lockheed Martin is the only
property owner to object to these assessments.
Kevin Darrenkamp spoke on behalf of Lockheed Martin renewing an objection based on a formerly
negotiated agreement on December 27,2001 in which no costs were to be assessed to Lockheed Martin
related to Central Parkway.
City Attorney Mike Dougherty discussed the agreement entered into with Lockheed Martin at the end of
2001 and subsequent discussions.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment
roll of Project 813 (Central Parkway streetscaping improvements) for the Argosy and Duke assessments
and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion for continuance of the final
assessment roll with Lockheed Martin until July 19, 2005. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes npol
e 21, 2005
Jun
Page 3
OLD BUSINESS
ORDINANCE AMENDMENT-CITY OF EAGAN-CONSIDER APPROVAL OF ORDINANCE
AMENDMENTS TO EAGAN CITY CODE, CHAPTER 10.10 REGARDING DANGEROUS
WEAPONS AND ARTICLES AND EAGAN CITY CODE, CHAPTER 10.13 REGARDING
TRAPPING REGULATIONS
City Administrator Hedges introduced this item regarding a request from the Police Department to work
with the City Attorney's office to draft an ordinance addressing coyote control measures. Chief Therkelsen
presented the staff report and answered questions.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve ordinance
amendments to Eagan City Code 10.10 regarding dangerous weapons and articles and Eagan City Code
10.13 regarding trapping regulations. Aye: 3 Nay: 2 (Fields and Maguire opposed).
PARTICIPATION IN INDEPENDENT SCHOOL DISTRICT 196 FIBER PROJECT
City Administrator Hedges introduced this item regarding participation in a joint project with ISD 196 for
fiber technology installation. Communications Director Garrison provided comments and additional
introduction of members of the Tech Task Force.
Rick King, Chief Technology Officer of Thomson West, spoke in favor of the City being proactive in its
approach to providing technology for its community through the installation of fiber and additional conduit.
He is confident that this is a wise and farsighted perspective by the Council.
Jody Mikasen, Telecommunications Commission Member, spoke in support of this issue to extend
connectivity in Eagan. She believes this is a great, economical step to take to prepare for the future.
The City Council directed staff to keep the Council posted on a preliminary business plan and discussions
with the Technology Task Force.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a resolution
authorizing participation in the Independent School District 196 fiber project. Aye: 5 Nay: 0
ORDINANCE AMENDMENT-CITY OF EAGAN-AN AMENDMENT TO CHAPTER 11,
SECTION 11.70, SUBDIVISION 28, PLACEMENT, ERECTION AND MAINTENANCE OF
SIGNS RELATIVE TO TEMPORARY AND WINDOW SIGNAGE.
City Administrator Hedges introduced this item regarding an ordinance amendment in regard to temporary
signs and window signs. City Planner Ridley provided a staff report.
A brief discussion was held.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve an ordinance
amendment to modify Chapter 11, Section 11.70 Subd 28 Placement, Erection and Maintenance of Signs
by modifying regulations for temporary signage and adding regulations regarding window signage and
direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
June 21, 2005 /`1 F T
Page 4
COMPREHENSIVE GUIDE PLAN AMENDMENT-PASTER ENTERPRISES, LLC-A
COMPREHENSIVE GUIDE PLAN AMENDMENT OF APPROXIMATELY 24 ACRES FROM
SPECIAL AREA-OFFICE/SERVICE TO SPECIAL AREA-COMMERCIAL RETAIL LOCATED
IN THE SE '/. OF SECTION 9.
City Administrator Hedges introduced the item providing a letter from Paster Enterprises asking for a
continuance until November 15, 2005. Allowing the continuance will provide a more comprehensive
approach to the entire development, of which a portion is being currently presented. City Planner Ridley
expanded on the reasoning for the continuance.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue to the November
15, 2005 City Council meeting consideration of a Comprehensive Guide Plan Amendment to change the
land use designation from Special Area-Office/Service, to Special Area-Retail Commercial, upon
approximately 24 acres located north of located of Yankee Doodle Road and west of Central Parkway in
the SE '/< of Section 9.
Aye: 5 Nay: 0
NEW BUSINESS
PRELIMINARY SUBDIVISION-TAN ME INDUSTRIAL-A PRELIMINARY SUBDIVISION
OF 2.6 ACRES PARCEL INTO TWO (2) LOTS FOR EXISTING BUILDING AND FUTURE
DEVELOPMENT LOCATED AT LOT 2, BLOCK 1, TAN ME INDUSTRIAL PARK IN THE SE OF SECTION 9.
City Administrator Hedges introduced this item regarding a preliminary subdivision. City Planner Ridley
presented a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary
Subdivision to create two lots on 2.6 acres, and a Variance to create a lot without public street frontage,
located at 3275 Sun Drive, legally described as Lot 2, Block 1, Tan Me Industrial Park in the SE '/4 of
Section 8, subject to the following conditions. Aye: 5 Nay: 0
1. The developer shall comply with these standard conditions of plat approval as adopted by council
on February 2, 1993: Al, B1, Cl and El.
2. The property shall be platted.
3. The developer shall provide evidence of private ingress/egress easement for Lot 2, in a form
acceptable to the City Attorney, prior to final subdivision approval.
4. A cash dedication in lieu of on-site water quality ponding shall be required for this development.
The dedication is payable at the time of final subdivision, prior to release of the final plat for
recording.
5. A Tree Inventory, Preservation and Mitigation Plan shall be required at the time of building permit
application for Lot 2.
ENCROACHMENT AGREEMENT-FINCH PLACE-DAN MARKES
City Administrator Hedges introduced this item regarding expanding a backyard into a conservation
easement. City Planner Ridley provided additional information as well as the recommendation from the
APrC meeting on June 20, 2005 to deny the request in order to preserve the conservation easement as it
was originally established. In addition the APrC directed their staff to determine when the builder is going
to restore the buffer area and to also determine if any other party has contributed to the destruction of the
conservation easement. Further, they were directed to determine which party is the responsible party for
restoring the conservation area.
6
Eagan City Council Meeting Minutes
June 21, 2005 1 jA F
Page 5
T
Councilmember Fields moved, Councilmember Tilley seconded a motion to deny an encroachment within
a conservation easement area for 4802 Red Pine Court (Lot 16, Block 1, Finch Place) in the NE 1/4 of
Section 36. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
Central Park Playground
City Administrator Hedges introduced this item regarding Central Park Playground location, cost and
features. Mesko presented a map clarifying the seven potential locations of the playground that were
staked on site,
Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to proceed with
the installation of a playground at Central Park.
Aye: 3 Nay: 2 (Carlson, Fields)
Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to locate a
playground at Central Park at Site 3 per previous memos. Aye: 5 Nay: 0
Change Order #1 - Contract 04-05
Public Works Director Colbert spoke about an extension of Contract 04-05, Well #20, from June 1 to
August 1, 2005.
Councilmember Fields moved Councilmember Tilley seconded a motion to approve Change Order #1 to
Contract 04-05 (Well #20, Pumping Equipment) and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
Community Development Director Hohenstein provided an update on Cedar Grove Redevelopment,
Northeast Eagan, and Southeast Eagan.
NEW RUNWAY/AIRPORT UPDATE
City Administrator Hedges presented an update on the noise data collection provided by Wyle
Laboratories.
The regular City Council meeting was recessed at 8:00 p.m. and a meeting of the Economic Development
Authority was immediately convened.
The regular City Council meeting was reconvened at 8:05 p.m.
VISITORS TO BE HEARD
There were no visitors to be heard.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City
Council meeting at 8:10 p.m. Aye: 5 Nay: 0
Eagan City Council Meeting Minutes
June 21, 2005
Page 6
"RAFT
Date Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000
(TDD phone: (651) 454-8535)
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
MINUTES
SPECIAL CITY COUNCIL MEETING
JUNE 15, 2005
5:30 P.M.
EAGAN ROOM - EAGAN MUNICIPAL CENTER
Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire
and Tilley.
City staff members present: City Administrator Hedges, Assistant to the City
Administrator Miller, Community Development Director Hohenstein, Planner Cartney, Planner
Dudziak, City Planner Ridley, Superintendent of Recreation Asfahl, Director of Communications
Garrison, Parks and Recreation Administrative Coordinator Mesko, Administrative Intern Walz,
and Landscape Architect Lilly.
1. ROLL CALL AND AGENDA ADOPTION
Acting Mayor Fields called the meeting to order and noted that Mayor Geagan would be
arriving at the meeting shortly. City Administrator Hedges noted that a request has been
received from an Eagan resident regarding their desire to hold an "old west" show during the 4`h
of July parade. There was City Council consensus to direct the item to Other Business.
Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the
agenda as presented. Aye: 4, Nay: 0 (Mayor Geagan not yet present)
II. VISITORS TO BE HEARD
City Administrator Hedges introduced Administrative Intern Genee Walz who started
with the City on Monday, June 13. Hedges noted that Ms. Walz would be working in
partnership with the CDA over the next year.
There were no visitors to be heard.
Joint Meeting with the APC
III. LOW DENSITY COMPREHENSIVE GUIDE PLAN DESIGNATION / HOUSING
TYPES
Councilmember Fields welcomed the members of the APC present at the meeting.
Members of the APC introduced themselves.
City Administrator Hedges introduced the item noting that issues have arisen over the
past several months regarding the Comprehensive Guide Plan's low density (0-4 units per acre)
designation. Community Development Director Hohenstein and City Planner Ridley provided
9
an overview of the issue, and noted that the APC has discussed both the LD density and mixed
housing issue in workshop settings. Ridley also added that it is the Commission's
recommendation and observation that the 0-4 density range is necessary and concerns about unit
type should be addressed via modifications to the text of the Comprehensive Guide Plan (i.e.,
identifying scenarios or conditions where attached housing and/or a density between 3 and 4
units per acre would be entertained).
Mayor Geagan arrived at 5:40 p.m.
Carla Heyl, Chair of the APC, provided a summary of the APC discussions thus far on
the issue of low density Comprehensive Guide Plan designations. The City Council and APC
discussed the housing needs across the City, including the need for "empty nester" housing and
the need to preserve flexibility in maintaining a balance and diverse housing stock. The City
Council and APC also discussed demographics for the City over the next 20 years. The City
Council discussed various criteria to be considered to determine whether R2 or R3 buildings
would be permitted in the LD district. The Council noted that they would like the developers to
address the following issues when submitting a proposal: homeowners association or other
means to insure common treatment and maintenance of exteriors, adequate on-site and/or on-
street parking, true clustering of units, public streets, looped streets and connected streets, open
space benefits, wetland mitigation on-site, efficient use of existing infrastructure and street
zoning setbacks. There was City Council consensus to compile the criteria into a City checklist
to be provided to developers. The Council also directed that the checklist be reviewed by the
City Attorney before being provided to developers.
The City Council also directed staff to conduct additional demographic research
regarding housing needs in the next 20 years.
IV. NOISE ATTENUATION ORDINANCE
City Administrator Hedges introduced the item noting that as part of the City's update of
its Comprehensive Guide Plan Aviation Section, one of the goals is to consider adoption of a
noise attenuation construction ordinance to permit the City to require noise attenuation
construction techniques for buildings that may require the additional improvements within the
noise policy contours. Director of Community Development Hohenstein provided an overview
of the issue, noting that while a larger number of land uses may be noise sensitive at the highest
noise level close to the airport, noise compatibility issues in Eagan largely relate to residential
uses because of the distance between the developed areas of the City and the airport because of
the river valleys. Hohenstein noted that it has long been a policy of the City to minimize the
establishment of noise sensitive uses in areas in which the noise impacts are the greatest.
Hohenstein noted that staff has reviewed the Metropolitan Council model ordinance and the
ordinance adopted by the City of Mendota Heights as baselines for a possible ordinance for
Eagan. The City Council discussed the existing aviation section of the Comprehensive Guide
Plan as well as the cost implications if such an ordinance was approved. The City Council also
discussed the area in which the ordinance would apply. .
The City Council directed staff to proceed with the development of the ordinance for
further review by the Advisory Planning Commission. There was Council consensus that such
A/)
an ordinance should apply to the 60 DNL contour as well as the one mile buffer area around the
60 DNL contour.
Joint Meeting with the APrC
V. 2020 VISION (PARKS AND RECREATION)
a.) 2020 Vision and Agricultural Zoning/Greenspace Preservation Options
City Administrator Hedges introduced the item noting that meetings with the Public
Stakeholders' Group and Plan Direction Committee have been ongoing since November of 2004
to provide input and information for the consultants to prepare for the completion of a 15-year
strategic parks systems plan. Hedges also noted that the Council and APrC have together
previously reviewed components of the draft Parks Master Plan, and since the Council's last
review, additional information has been compiled leading to some policies/recommendations for
the Council to consider. Terry Davis, Chair of the APrC, and the other members of the APrC
introduced themselves.
Bill Beckner, Alan Sullivan and Harvey Feldman, consultants for the 2020 Vision Parks
Master Plan process, also introduced themselves. APrC Chair Davis presented the draft 2020
Vision Parks Master Plan and provided an overview on the process thus far.
The City Council discussed the draft plan and how a change in demographics in the
community will affect the use of parks in the future. Consultant Bill Beckner summarized the
key principals included in the draft plan. Beckner also commented on the concept of a parks
foundation and partnership opportunities that may exist with Dakota County, particularly in
naturalist services.
The consultants, APrC and City Council discussed greenspace preservation options
available to the City. The Council noted that the Parks Master Plan must be a long term, flexible
plan. Chair Davis noted that many of the elements included in the plan would likely be included
in upcoming Parks CIP documents.
The Council directed that upon completion of the plan, it should be available at City Hall,
county libraries, on the Eagan website and at the Eagan Community Center. They also requested
that the document be provided to resident groups, such as the EAA, as well as the school districts
in Eagan. The Council also requested that the APrC produce a summary of the plan for the
public. The Council suggested that the APrC plan to host one or two open houses to present the
final Parks Master Plan.
Councilmember Fields moved; Councilmember Tilley seconded a motion to schedule the
public hearing for the 2020 Vision Parks Master Plan for the July 18, 2005 APrC meeting.
VI. OTHER BUSINESS
City Administrator Hedges summarized a request that he received from an Eagan resident
regarding their hope to conduct an old west re-enactment at the 4th of July parade. Hedges noted
that the City's code does not allow shooting of blanks. The City Council discussed the request
and noted that they continue to receive complaints about how noise at the parade scares kids.
There was City Council consensus not to allow the shooting of blanks during an old west re-
enactment at the 4th of July parade.
City Administrator Hedges also noted that the NOISE Conference will be taking place at
the Eagan Community Center on July 20 - 22. Councilmembers Carlson, Fields, Maguire and
Tilley requested that the City Administrator submit registrations for their attendance at the
conference.
Councilmember Carlson requested a list of active building permits in order that the
Council can be kept up to date on various developments and remodeling activities going on in
the City. There was City Council consensus for staff to include such a list in the weekly
Additional Information Memo.
VII. ADJOURNMENT
Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn
the meeting at 7:35 p.m.
/o2,
Agenda Information Memo
July 5, 2005 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Seasonal Parks Maintenance Worker--
ACTION TO BE CONSIDERED:
To approve the hiring of Tori Johnson as a seasonal parks maintenance worker.
13
Agenda Information Memo
June 21, 2005 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated June 23, 2005 and June 30, 2005 as presented.
FACTS:
• At the June 7 meeting the City Council directed that Eagan Charter Commission expenses
will be reimbursed by the City on an invoice basis upon approval by the City Council.
• Enclosed on page is a copy of an email from Betty Fedde, Eagan Charter
Commission Secretary, requesting reimbursement for a Charter Commission expense.
• Through the normal course of business a check has been produced, but will not be
released without Council approval. That approval will be considered through action on
the check register (dated 6-30-05 for the subject invoice). If the City Council would like
to deny payment, the claim should be removed before the check register is approved.
ATTACHMENTS:
Check registers dated June 23, 2005 and June 30, 2005 are enclosed without page
number.
• E-mail from Betty Fedde (referenced above).
14?4
Page 1 of I
Gene VanOverbeke
From: Betty Fedde [bettyf@ironwoodelectronics.com]
Sent: Wednesday, June 29, 2005 2:16 PM
To: Gene VanOverbeke
Subject: Request for check
Importance: High
June 29, 2005
From: Eagan Charter Commission
Betty Fedde, Sec.
1662 Norwood Drive
Eagan, MN 55122
To: Gene VanOverbeke
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Amount: $4.98
Payee: Betty Fedde
1662 Norwood Drive
Eagan, MN 55122
Re: Multi purpose Ream of paper. I have copy of receipt available.
Please process and have available as soon as possible. I will present the receipt when I pick up the check.
This expenditure per Minnesota statute 410 is a reasonable and necessary charter commission expense and has
been approved for payment by the Eagan Charter Commission.
Betty Fedde
Secretary
Eagan Charter Commission
6/30/2005
Agenda Information Memo
July 5, 2005, Eagan City Council Meeting
D. APPROVE CHECKLIST FOR THE CONSIDERATION OF R-2 AND R-3
DEVELOPMENT IN LD LOW DENSITY COMPREHENSIVE GUIDE PLAN
DISTRICTS
ACTION TO BE CONSIDERED:
To approve a checklist for the consideration of R-2 and R-3 development in LD Low Density
Comprehensive Guide Plan Districts and authorize preparation of City Code Amendment.
FACTS:
? The City's Comprehensive Guide Plan identifies a range of zoning categories that may be
considered in various Comprehensive Guide Plan Districts. The Guide identifies some of the
zoning designations as compatible and others as "potentially" compatible.
? The City Council and Advisory Planning Commission have discussed means of defining the
criteria by which the City would consider whether potentially compatible zoning categories could
be compatible. The City Council discussed the matter at a retreat earlier this year and the APC
followed up on the Council discussions at workshop meetings last spring.
> At the joint workshop of the Council and Commission on June 15, a list of criteria was identified
and direction was given to place the item on a regular Council agenda for consideration as a
checklist of criteria to evaluate potential compatibility.
> As outlined in the attachment, a list of nine criteria were identified by the Council and
Commission. Two additional criteria related to adjacent land uses and factors unique to a
development are discussed in the memo as well. If the Council is prepared to accept the list
including the two additional criteria, the action to approve this item will include them. If further
discussion is desired, the item may be pulled.
? The City Attorney has advised that to be a valid basis for decisions, the criteria checklist should
be incorporated in the zoning ordinance. As such the action requested would be to approve the
checklist and direct preparation of an ordinance amendment for that purpose.
ATTACHMENTS:
Staff memo outlining draft checklist on pages ]17411
/6
A City of Evan Memo
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 30, 2005
SUBJECT: LOW DENSITY COMPREHENSIVE GUIDE PLAN DESIGNATION -
CRITERIA FOR CONSIDERATION OF "POTENTIALLY" COMPATIBLE
ZONING DESIGNATIONS
At the joint City Council-Advisory Planning Commission workshop on June 15, 2005, the Council
and Commission discussed the the means differentiating between zoning districts that are compatible
with the LD Comprehensive Plan designation and those that are potentially compatible, under the
Comprehensive Guide Plans Fig 3.5 Land Use/Zoning Consistency.
Based on the discussion at that time, the City Council gave direction to formalize a checklist of
criteria that would be considered in Council and Commission reviews when applicants propose to
develop R-2 Twinhome or R-3 Townhome uses in areas designated LD in the Comprehensive Plan.
Checklist of Criteria for R-2 and R-3 Development in LD Guided Districts
The following criteria will be considered by the City in its consideration of development applications
within which R-2 or R-3 buildings are proposed to be developed in LD Comprehensive Guide
districts.
• Home Owners Associations or Other Means to Insure Common Treatment and
Maintenance of Exteriors - The City will require a home owners association to be in place
or other means of insuring uniform building finishes and color, organized refuse collection
and storage, common area maintenance, etc.
• Adequate On-Site and/or On-Street Parking - If parking requirements are to be met at
locations other than the driveways of individual units or on public streets, some of the
additional spaces need to be proximate to all of the homes, to avoid having parking bays at
one end or location of the development and not convenient to many of the units.
• True Clustering of Units - Spacing clusters of no more than 4-6 units to provide openings
from front areas to back yards more frequently than is available for long groups of row
homes.
• Public Streets - The baseline is that all streets be public and meet requirements for cul-de-
sac design on dead ends rather than hammer heads or other substandard turn around
designs. The City could still consider private streets, only if the City deems it to be
appropriate and not solely for the purpose of increasing density.
• Looped Streets and Connected Streets - To the extent possible the general design of the
neighborhood will have looped or connected designs, rather than function as a series of
dead-ends.
• Open Space Benefits - If flexible design is proposed, the City expects that there will be true
public greens or shared activity space, rather than only setting aside the wetlands and
undevelopable areas as the primary green space.
Wetland Mitigation On-Site - While there may be unique circumstances in which the
existing wetlands are of such low quality that the best strategy is to replace them off-site,
the general expectation of the City is that developers mitigate on-site. Off-site mitigation
should not be used primarily as a means of increasing the intensity of development of the
subject property.
Straight Zoning Setbacks - While there may be situations in which the site sensitivity trade
offs support modified setbacks, the basis of comparison will be straight zoning standards.
Efficient Use of Existing Infrastructure - The City may consider the presence and scope of
existing infrastructure - arterial or collector street capacity, walkable proximity to shopping,
etc. as factors in reviewing R-2 and R-3 buildings in developments.
At the close of the meeting, one of the Planning Commission members noted that the Commission
had discussed adding the criteria that a proposal's relationship to adjacent uses be one of the criteria
as well, but that the background had not been modified to reflect that. Adjacent land use is one of the
planning considerations already highlighted in staff reports, but the Council may consider calling it
out as a specific checklist criterion. In addition, the Council may wish to consider a criterion that
acknowledges factors the City would find to be unique about a site that could justify a flexible
approach to its development. If the Council would like to add these two criteria, draft language
would be:
• Relationship to Adjacent Land Uses - The City will consider the proximity and nature of
adjacent land uses in its review of R-2 and R-3 buildings within an LD development
proposal.
• Other Factors Unique to the Development - At its discretion, the City may identify factors
not on this checklist, but unique to a site, that would justify a more flexible approach to the
housing types or mix in a proposed development
Other Related Requirements
The City council previously adopted ordinance requirements for applicants for planned
developments to submit a site plan that conforms to straight zoning for the land use designation for
the development property, as a standard of comparison when applicants suggest that their proposed
development does not increase density, but is a more sensitive use of a site.
The Council also adopted a requirement that the developer must submit a narrative description of
what the City will gain from granting the flexibility of PD zoning that would not be required of the
development under straight zoning. For example, upgraded finishes or additional site amenities
might be benefits of a PD plan over a straight zoning plan, while things such as required connections
of utilities, provision of required ponding easements or fulfillment of parks dedications would not be
unique to a PD. This requires the developer to make the case to justify flexible standards, rather than
requiring the Commission and Council to divine them from the general narrative or site plan.
Agenda Memo
July 5, 2005
E. CONTRACT 05-01, CHANGE ORDER #1
WINDCREST/ WALDEN HEIGHTS/ THOMAS LAKE HEIGHTS/ ST.
FRANCIS WOODS ADDITIONS
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 05-01
(Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 05-01 provides for the bituminous overlay of the streets in the
Windcrest/ Walden Heights/ Thomas Lake Heights/ St. Francis Woods Additions
Additions neighborhoods. This contract was awarded in March of 2005 and the
construction is approx. 90% complete.
• Change Order #1 consists of the bituminous overlay of the trail which follows the
"Highline" power line corridor between Johnny Cake Ridge Road and Thomas
Lake Road, as scheduled in the City's 2005-2009 Capital Improvement Plan. (est.
$31,790)
• The change order provides for the extension of the contract completion date from
July 1, 2005 to August 1, 2005 and a cost increase of $19,235 (2.5% of original
contract) which will be the responsibility of the Major Street Fund..
• The cost of the additional work is consistent with bid prices received for relevant
bid items on other projects within the City. The time extension is adequate for the
completion of the additional work requested.
• The change order has been reviewed by the Engineering Division and found to be
in order for favorable Council action.
/9
Agenda Memo
July 5, 2005
F. CONTRACT 05-02, CHANGE ORDER #1
RIDGECLIFFE/ BERKSHIRE/ CINNAMON RIDGE/ COACHMAN ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 05-02
(Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 05-01 provides for the bituminous overlay of the streets in the
Ridgecliffe/ Berkshire Ponds/ Cinnamon Ridge Additions neighborhoods, and a
portion of Coachman Road near the City's Central Maintenance Facility. This
contract was awarded in March of 2005 and the construction is approx. 75%
complete.
• Change Order #1 consists of the bituminous overlay of the Central Maintenance
Facility's parking lots and yard pavement areas, as scheduled in the City's 2005-
2009 Capital Improvement Plan.
• The cost of the additional work is consistent with bid prices received for relevant
bid items on other projects within the City.
• The change order has been reviewed by the Engineering Division and found to be
in order for favorable Council action.
• The change order provides for a cost increase of $75,355 (9.3% of original
contract), and will be the shared responsibility of the City's General Facilities
Renewal Fund and the Water Treatment Plant expansion fund.
ao
Agenda Information Memo
July 5, 2005
G. CONTRACT 04-04, LEXINGTON AVENUE
STREET & TRAIL IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Amendment No. 1 to Cooperative
Agreement No. 86692 for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55
- Street & Trail Improvements) and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue
Gentian Road intersection as part of the rehabilitation of Lexington Avenue (County
State Aid Highway 43) between TH 55 and Lone Oak Road.
• City staff has been successful in securing Cooperative Agreement funding through
MnDOT for the portion of the contract for the reconfiguration of the TH 55
intersection.
• On May 12, 2005, MnDOT staff informed the project engineer of a safety concern
with the MnDOT approved plans regarding the new construction of the intersection
approach of Blue Gentian Road with TH 55. City staff has worked with the
contractor and MnDOT to enable the resolution of this concern as part of this
contract.
• Also, at the time of bidding this contract, a MnDOT resurfacing project was being
completed on TH 55. In order to attain the best final product due to the City's
anticipated work within the intersection of Lexington Avenue and TH 55, it was
agreed that the City's contractor would complete the surface overlay in the
intersection. MnDOT's contractor stopped short of the agreed construction limits,
increasing the area of work associated with completing the City's contract.
• On June 21 the City Council approved Change Order No. 2 to the City's Contract 04-
04 addressing this additional work requested by MnDOT. Now, the city needs to
formally approve the amendment to the Cooperative Agreement providing for
reimbursement by MnDOT to the City. This amendment has been reviewed by the
Engineering Division and found to be in order for favorable Council action.
• The amendment provides for a cost increase of $38,467.55 ($34,260.85 for
construction and $4,206.70 for engineering) to the Cooperative Agreement funding
amount. The revised total Cooperative Agreement funding for this contract is now
$305,105.87.
ai
Agenda Information Memo
July 5, 2005
H. CONTRACT 02-17, STREETSCAPING & LIGHTING
CEDAR GROVE PARKWAY & CENTRAL PARKWAY
ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-17
(Cedar Grove Redevelopment Area and Central Parkway - Streetscaping and Lighting
Improvements) in the amount of $17,097.68 to Jay Brothers, Inc. (Northern Escrow), and
accept the improvements for perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 02-17 provided for the streetscaping and lighting improvements related to
the Central Parkway and Central Park/Community Center improvements and the
street and access modifications in the Cedar Grove Redevelopment Area, as
authorized by the City Council under City Projects 813 and 866, respectively.
• Due to the contractor's failure to complete this work in accordance with the schedule
of the contract and associated change orders, liquidated damages of $52,047.69 have
been assessed and deleted from the final contract payment.
• These improvements have been completed, inspected by representatives of the Public
Works and Parks Departments, and found to be in order for favorable Council action
of final payment and acceptance for perpetual maintenance subject to warranty
provisions.
as
Agenda Memo
July 5, 2005
I. PROJECT 02-K, FOREST VIEW ADDITION
ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 02-K
(Forest View Addition - Street & Utility Improvements) and authorize perpetual City
maintenance subject to warranty provisions.
FACTS:
• Forest View Addition is 10-lot single-family subdivision constructed west of
Blackhawk Road and south of Highway 13 in northwest Eagan. This development
required the construction of public streets, storm sewer, sanitary sewer, and water
main performed privately by the developer under the conditions of the development
contract agreement.
• The improvements have been completed, inspected by representatives of the Public
Works Department and found to be in order for favorable Council action for
acceptance for perpetual maintenance subject to warranty provisions.
ATTACHEMENTS: (I U
• Location map, page f
a3
?fEqgm Location Map
Tri-Land ?? tsr ?i e A o 0 .
Preliminary Subdivision N
Case No. 17-PP-14-5-97
ly of EW c«nnmcy D&Moprnenc Deparhwt / am 0 Boo WO re.
Agenda Information Memo
July 5, 2005, Eagan City Council Meeting
J. APPROVE OFF-SALE LIQUOR LICENSE FOR E & M LIQUOR LLC
DBA E & M LIQUOR, 1444 YANKEE DOODLE ROAD
ACTION TO BE CONSIDERED:
To approve the off-sale liquor license for E & M Liquor LLC, dba E & M Liquor, 1444 Yankee
Doodle Road.
FACTS:
? Pakou H. Vang and Wa Meng Hu have applied for an off-sale liquor license with the City of
Eagan. The business will be structured as a Limited Liability Company. The owners are
purchasing the existing E & M Liquor store. The new owners will continue to operate the
establishment using the name of the current establishment E & M Liquor.
? The change of ownership is scheduled to occur in late July/August of 2005.
? Due to a last minute change in the business structure, an additional background check needs
to be conducted on Wa Meng Hu. All other required documents have been submitted,
reviewed and deemed in order by City staff and the Police Department. The license should
be approved subject to successful completion of the background check for Mr. Hu.
ATTACHMENTS (0):
as
Agenda Information Memo
July 5, 2005, Eagan City Council Meeting
K. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT, CHAPTER 5,
WINE, BEER AND LIQUOR LICENSING
ACTIONS TO BE CONSIDERED:
To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine, Beer
and Liquor Licensing and Regulation.
FACTS:
? In mid June, staff was contacted by a representative of Granite City Brewery who
requested applications for the applicable liquor licenses. Granite City Brewery is
classified as a brewpub that manufactures malt liquor on site. In addition to selling their
manufactured malt liquor for consumption on premise (on-sale), they also requested an
application to allow for the sale of malt liquor to be consumed off premise (off-sale).
? In 2003, the Legislature passed new legislation to allow the off-sale of malt beverages
brewed on the premises of a licensed brewpub. The brewpub off-sale malt liquor license
would allow the off-sale of containers of brewpub malt beverages commonly referred to
as "growlers". The growler containers are 64 ounces in size and must bear the name and
address of the brewpub, amongst other requirements. Off sale of brewpub malt beverages
may only occur during the hours permitted by law for off-sale liquor stores.
? In order for Granite City Brewery's operation to be compliant with Eagan's City Code,
certain revisions are necessary to Chapter 5, Wine, Beer and Liquor Licensing and
Regulation.
? The City Attorney's office is recommending that the Code be amended to provide for the
definition of a brewpub and to add language referring to the applicable State Statute
which allows for brewpubs plus language that allows for the off-sale of malt liquor
referred to as "growlers".
? The establishment will be located in the former Sidney's Restaurant and is expected to
open in the fall of 2005.
? The draft ordinance amendment will be placed on the July 19, 2005 City Council
meeting.
ATTACHMENTS (0):
;?6
Agenda Information Memo
July 5, 2005 Eagan City Council Meeting
L. FINANCIAL GUARANTEE - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To authorize the creation of a policy requiring bank, savings association or credit union
licensed by the state of Minnesota to conduct the business of making loans/extending
credit and has a business office in the seven-county metropolitan area to provide financial
guarantees in favor of the City.
FACTS:
? Financial guarantees and Letter's of Credit are required from developers to insure
work (from landscaping to sanitary sewer) is done properly. If not, and no
remedy can achieved, the City can present the guarantee to the lender and receive
the money to complete the necessary work.
? Issues arise from time to time when a developer proposes to provide the City with
a financial guarantee from a non-Minnesota financial institution or from an entity
that is not licensed by the state to make loans or extend credit.
? The City Attorney recommends that the City Council adopt a formal policy
stating that the City will only accept a letter of credit/financial guarantee from a
bank, savings association or credit union licensed by the state of Minnesota to
conduct the business of making loans/extending credit and has a business office in
the seven-county metropolitan area.
ATTACHMENTS: (1)
091
City Attorney memorandum on page y .
a?
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580
(952) 432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauerr@seversonsheldon.com
TO: Thomas L. Hedges, City Administrator
CC: Gene VanOverbeke, Director of Administrative Services
Michael G. Dougherty, City Attorney
FROM: Robert B. Bauer, City Attorney
DATE: June 24, 2005
RE: Letters of Credit
Our File No. 206-4768
Tom,
An issue has arisen concerning the necessary requirements for a bank or financial institution to
provide a letter of credit or financial guarantee in favor of the City. To avoid any ambiguity in
the future, we believe it is appropriate that the Council adopt a formal policy that the City will
only accept a letter of credit/financial guarantee from a bank, savings association or credit union
that is licensed to conduct the business of making loans or extending credit within the state of
Minnesota and that has a business office for presentment of the letter of credit within the
Minnesota seven-county metropolitan area. If the bank, savings association or credit union does
not have a business office for presentment of the financial guarantee within the Minnesota seven-
county metropolitan area, the financial guarantee must state that it may be accepted via facsimile.
It may be appropriate to place this item on the Consent Agenda for Council consideration.
Should you have any questions concerning this matter, please feel free to give me a call.
a?-
Agenda Memo
July 5, 2005 Eagan City Council Meeting
M. Approve 2005 Fee Schedule Amendment to add Temporary Sign Permit Fee
ACTION TO BE CONSIDERED:
To approve an amendment to the 2005 Fee Schedule to add a $25 fee for Temporary Sign
Permits.
FACTS:
• At its June 21 meeting, the City Council approved an ordinance amendment to
City Code Section 11.70 subd. 28 modifying regulations for temporary
signage.
• The ordinance calls for a $25 permit fee for temporary signage displayed up to
10 days over a 60-day period. This action will incorporate the fee into the
City's Fee Schedule.
ATTACHMENTS:
None.
a9
Agenda Information Memo
July 5, 2005 Eagan City Council
N. FINAL SUBDIVISION (HOMESTEAD VILLAGE) & FINAL PLANNED
DEVELOPMENT - MANLEY LAND DEVELOPMENT
ACTION TO BE CONSIDERED:
To continue approval of the Final Planned Development and Final Subdivision to the August 2,
2005 City Council meeting.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
? The Final Planned Development is for 9 twin homes (18 units) and the Final
Subdivision (Homestead Village) is to create 18 lots and one outlot for the twin-home
development upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36.
The Preliminary Planned Development and Preliminary Subdivision were approved
January 18, 2005.
? While the final documents necessary for approval of the Final Planned Development and
Final Subdivision were anticipated to be in order for execution by the City, as of Friday,
July 1, some of the documents had not been completed.
? Therefore, this item will be postponed until such time as all documents have been
completed and are in order for Council action.
ATTACHMENTS (None):
30
Agenda Information Memo
July 5, 2005 Eagan City Council Meeting
V. CONSENT AGENDA
0. APPROVE FIVE (5) ONE-DAY CONFERENCE REGISTRATIONS FOR
FIVE MEMBERS OF THE EAGAN AIRPORT RELATIONS COMMISSION
TO ATTEND THE 2005 SUMMER N.O.I.S.E. CONFERENCE AT THE
EAGAN COMMUNITY CENTER.
ACTIONS TO BE CONSIDERED:
To approve five (5) one-day conference registrations for five members of the Eagan
Airport Relations Commission to attend the 2005 summer N.O.I.S.E. conference at the
Eagan Community Center.
FACTS:
? The 2005 Summer N.O.I.S.E. Conference is scheduled to take plan on July 20-22.
? Five members of the Eagan Airport Relations Commission (ARC) have expressed
an interest in participating in the conference, albeit most would be unable to
attend the entire three day conference.
? In anticipation of community groups such as the ARC, N.O.I.S.E. has offered a
one-day registration option at a cot of $85/person, which includes one day's
sessions, meals, and tours.
? In recognition of limited funding, the one-day registration is being proposed to
provide interested ARC members the opportunity to participate in the conference.
? The total cost for five members of the ARC to participate would be $425, which
could be paid through the Administration Conferences and Schools budget.
c3
Agenda Memo
July 5, 2005
P. PRIVATE WELL PERMIT -THOMSON WEST GROUP
ACTION TO BE CONSIDERED: Approve a permit for a 6" private well to Thomson
West Group for Lot 11, Block 1, West Publishing 4th Add.
FACTS:
• The City has received a request from the Thomson West Group for a permit to
install and develop a second 465' deep 6" well to provide an alternate/backup
water supply for the cooling towers for their 2nd Data Processing Center located at
610 Opperman Dr. This well will be used only in emergencies to maintain critical
operations.
• A permit has already been approved by the Dakota County Environmental
Department and the Mn Dept. of Health.
• According to City Code 4.30, subd. 5h, any new well greater than 4" in diameter
must be approved by the City Council. City staff has met with the applicant and
reviewed the purpose, need, location and design detail and found that it meets the
City's standards.
ATTACHEMENTS:
• Request letter from Thomson West, page
3?
Thomas J. Walrath
Senior Director
Facility Management
Tel 651.687.7490
Fax 651.687.5718
June 22, 2005
Eagan City Council
c/o Mr. Tom Colbert
Director of Public Works
3830 Pilot Knob Road
Eagan, MN 55122
To: Eagan City Council
THOMSON
LEGAL & REGULATORY
RECEIVER
JUN 2 2 2005
EAGAN
ENGINEERING DEPARTMENT
We hereby request city council approval for the installation of a well greater than 4" in diameter
on our campus located at 610 Opperman Drive.
A permit was previously issued by Dakota County Environmental Management Department. In
addition, all plans and specifications have been submitted to the City of Eagan's engineering
staff for review.
We look forward to your review and approval of this request. Should questions arise, please feel
free to contact me at 651/687-7490.
mas J. Walrath
Thomson Legal & Regulatory
610 Opperman Drive, Eagan, MN 55123, 651.687-7000 651.687.5718 www.tlrg.com
33
Agenda Memo
July 5, 2005
PUBLIC HEARINGS
A. OAK HILLS CHURCH ADDITION (LOT 1, BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Continue consideration of the vacation of public
drainage & utility easements on Lot 1, Block 1 Oak Hills Church Addition to be
concurrent with the Final Plat and subdivision application for this property.
FACTS:
• On May 16, 2005, City staff received a petition from Paul Danielson, representative
of Oak Hills Church, requesting the vacation of a portion of the existing drainage and
utility easement on Lot 1, Block 1, Oak Hills Church Addition, southeast of the
intersection of Yankee Doodle Road and Coachman Road to accommodate a possible
future subdivision of the property. Oak Hills Church wishes to vacate the easement to
provide area to create two single-family lots near Coachman Road..
• Drainage & utility easements were dedicated over Pond CP-1 (as designated in the
City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to
provide for flood storage for large runoff events. The request would vacate the
existing easement over Pond CP-1 in the southwest corner of the property to 3 feet
above the calculated I% rainfall event pond level.
• If there is a favorable reaction to this requested vacation, the future development of
the property would still require preliminary and final subdivision approval by the City
Council. An application for that process has not been initiated yet pending action on
the required Comprehensive Guide Plan amendment.
• Notices were published in the legal paper and sent to all potentially affected and/or
interested parties for comment prior to the public hearing. Notices were sent to all the
potentially impacted private utility companies. No comments or objections to the
proposed vacation have been received as of the date of this report.
• The request has been reviewed by the Engineering Division and found to be in order
for consideration by the Council.
ATTACHMENTS:
• Location Map, page
• Legal Description, page .
• Petitioner's Letter, page 3e
City of Eagan
t EXIST. DRAINAGE &
TILITY EASEMENT-
O-9
% cti
CI/Ir 7
PROPOSED EASEMENT
VACATION AREA
Lot 1, Block 1, Oak Hills Church
Ponding Easement Vacation - Location Map
6/14/05
Lot 1, Block 1, Oak Hills Church
5/18/05
Proposed Easement Vacation Location
City of Eagan ^? /
May 13, 2005
Mr. John Gorder
City of Eagan
Engineering Department
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Oak Hills Church
Petition to Vacate Utility Easement
Dear Mr. Gorder:
On behalf of the Oak Hills Church we are submitting a petition to vacate a
drainage and utility easement. Oak Hills Church is proposing to develop two
single-family residential homes on their current 7.09 acre parcel. An application
for a Comprehensive Guide Plan Amendment was submitted previously to the
City of Eagan Planning Department. Based on their review, it was determined
that this petition to vacate the existing drainage and utility easement that
encumbers the property must be processed before the Guide Plan amendment can
be considered
Oak Hills Church received approval in 1997 to construct a church on a 7.09 acre
parcel located at the southeast comer of Yankee Doodle Road and Coachman
Road. The parcel was previously guided for medium-density residential
development. The church development occurs on the north half of the property.
The remaining parcel is generally comprised of wetlands. However, there is a
non-wetland area along Coachman Road particularly in the southwest corner of
the 7.09 acre parcel. This area abuts an existing single-family residential
development to the south. This is the area that we are proposing the lots would be
located generally east of the existing maintenance facility access to Coachman
Road.
When the property was platted for the church project, a drainage and utility
easement was provided over the entire south portion of the property. The majority
of the area is wetland and is part of the City's storm water management system.
The area proposed to be vacated is the southwest comer of the property where the
two residential lots would be constructed. The limits of the drainage and utility
easement is based on maintaining a drainage and utility easement over the wetland
area including all portions of the proposed lots lying three feet below the high
water elevation of the wetland. Based on information provided by you, it is our
understanding that the high water level is 832.2. We have maintained the
drainage and utility easement to a minimum elevation of 835.2.
319
Mr. John Gorder
May 13, 2005
Page 2 of 2
The following information is being submitted:
1) Petition to Vacate Form
2) Application Fee of $300
3) Legal Description of the property to be vacated
4) Sketch of the property to be vacated
Please review the information and let us know if you have everything you need for
this submittal. Please call me at 651-643-0407 if you have any questions or need
additional information. Thank you for your consideration.
Sincerely,
Oak Hills Church
Paul B. Danielson
Building Committee Member
C: Pastor Rod Carlson, OHC
3g,
Agenda Memo
July 5, 2005
B. PROJECT 922, LONE OAK DRIVE/ LONE OAK PARKWAY
TRAIL IMPROVEMENTS
ACTION TO BE CONSIDERED: Open the Public Hearing for Project 922 (Lone Oak
Drive/ Lone Oak Parkway - Trail Improvements) and continue Public Hearing until July
19, 2005.
FACTS:
• On March 23, 2005 City staff received a petition from CSM Corporation, developer
and owner of properties adjacent to Lone Oak Drive in the Waters Area in northeast
Eagan, requesting trail improvements, along the west boulevard of Lone Oak Drive
and Lone Oak Parkway.
• On April 5, 2005, the City Council authorized the preparation of a feasibility report
identifying the scope, cost, financing and schedule for the installation of a
sidewalk/trail on Lone Oak Drive and Lone Oak Parkway.
• On June 7, 2005, the feasibility report for Project 922 was presented to the City
Council and a Public Hearing was scheduled for July 5 to formally present and
discuss the report with the adjacent property owners.
• An informational meeting was held with CSM Corporation on Wednesday, June 29,
2005 to review and discuss the proposed improvements.
• Due to CSM staff absences, the petitioner has requested that the Public Hearing be
continued to July 19, 2005 for Council consideration.
ISSUES:
• A significant amount of assessable frontage is adjacent to the United States Postal
Service (USPS) Regional Facility Service Center on Lone Oak Parkway. The City
does not have any authority to assess this property without their consent. It should be
noted that the USPS was not one of the petitioners. The feasibility report identifies
the construction of a bituminous trail along this segment of the project as an alternate
for the Council's consideration and direction.
ATTACHMENTS-
0 Feasibility Report, pages 0 through
39
City of Eaan
Report for
Lone Oak Drive/Lone Oak Parkway
Waters Area
Trail Improvements
City Project No. 922
Eagan, Minnesota
July 9, 2005
Z/ 0
401? City of Eagan
Pat Geagan
MAYOR
Peggy Carlson
Cyndee Fields
Mike Maguire
Meg Tilley
COUNCIL MEMBERS
Thomas Hedges
CITY ADMINISTRATOR
MUNICIPAL CENTER
3830 Pilot Knob Road
Eagan, MN 55122-1810
651.675.5000 phone
651.675.5012 fax
651.454.8535 TDD
MAINTENANCE FACILITY
3501 Coachman Point
Eagan, MN 55122
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD
www.cityofeagan.com
THE LONE OAK TREE
The symbol of
strength and growth
in our community.
July 1, 2005
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Lone Oak Drive/ Lone Oak Parkway
Waters Area
Trail Improvements
City Project No. 922
Dear Mayor and City Council:
Attached is our report for the Lone Oak Drive/ Lone Oak Parkway - Trail Improvements,
City Project No. 922. The report presents and discusses the proposed improvements and
includes a cost estimate, preliminary assessment roll and schedule.
We would be pleased to meet with the City Council at your convenience to review and
discuss the contents of this report.
Sind,
Timothy J. lath PE
Transportation Engineer
Department of iblic Works
I hereby certify that this report was
prepared by me or under my direct
supervision and that I am a duly
Licensed Professional Engineer under
the laws of the State of
Minns
Timothy J.
Date: _WReg. No.42024
Date:
Reviewed By:
Finance Dept.
Date: ? ??
TABLE OF CONTENTS
Letter of Transmittal/Certification
Table of Contents
Page
Scope/ Introduction ...............................................................................................2
Feasibility and Recommendations ..............................................................................3
Proposed Improvements ...........................................................................................4
Permits/ Right-of-Way ............................................................................................5
Cost Estimate ........................................................................................................5
Area to be Included ................................................................................................6
Assessments ..........................................................................................................6
Assessment Financing Options ...................................................................................7
Revenue Source ......................................................................................................8
Project Schedule .....................................................................................................9
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures -1 Location Map
-2 Trail Improvement/ Assessment Map
-3 Proposed Typical Sections
1-? a
June 2005
Trail Improvement Report
Lone Oak Drive/ Lone Oak Parkway
Eagan, Minnesota
Scone/ Introduction
This project provides for the construction of an 8-foot wide bituminous trail along the west side
of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway. Also included for consideration
is additional trail construction along the west side of Lone Oak Parkway from Lone Oak Drive to
Northwest Parkway, in northeast Eagan. Figure 1, located at the back of this report, shows the
project location.
Lone Oak Drive and Lone Oak Parkway are 84-foot wide parkway streets with sodded center
medians constructed in 1987 with adjacent business campus development known as the
"Waters". Development of the Waters area did not include the construction of sidewalks or trails
within public right-of-way.
This project was initiated in response to a petition from the CSM Properties, Inc., developers and
owners of various properties adjacent to Lone Oak Drive, to provide improved pedestrian
facilities for their tenants and employees in the area.
The City's Master Trail Plan, most recently updated in 1994, does not identify the need for a
trailway connection as proposed with this project. While it has not been City policy to require
developments to install sidewalks/trails in business campus areas, recent changes in lifestyles
and health habits has created a demand for pedestrian improvements such as proposed with this
project.
?{3
Additionally, the ongoing Northeast Eagan land use study further supports the appropriateness of
the proposed trail construction. The area of the study is generally located north of Lone Oak
Road and east of TH 149 (Dodd Road). The final study will provide the Council with
information needed to properly evaluate the current land use designation. The analysis includes
road capacity, interstate interchanges, aviation (location of airport and noise), land supply for
various uses, economic impacts, etc. Preliminary results of the traffic study component indicate
that improvements to the northeast area transportation system will be required regardless of the
future land use in this area. These improvements have been included in the draft Transportation
Infrastructure Needs Analysis (TINA) as projects E108-E111. Specifically, project E110 is
likely to require an upgrade of Lone Oak Drive's roadway functional classification. The
proposed construction of a bituminous trail would be consistent with the City's design standards
for collector or arterial roadways.
Feasibility and Recommendations
This project is necessary to provide safe pedestrian access along Lone Oak Drive and Lone Oak
Parkway (alternate).
This project is cost-effective in that the needed trail system will be constructed as a whole
instead of in portions by individual development. It is recommended that this improvement be
combined with other similar improvements within the City to encourage additional cost savings
due to the benefit of scale.
This project was initiated by a single petitioner who owns all of the parcels along the Lone Oak
Drive portion of the project. In order to comply with the City's assessment policy, this petitioner
will be solely responsible for 100% of the costs associated with the improvements along their
parcels. It is recommended that the petitioner be required to execute a waiver of appeal for any
and all assessments related to the portion of the project along their parcels prior to approval of
plans and specifications to avoid the City incurring any costs associated with this project.
Z/ Y
Proposed Improvements
This project provides for the construction of an 8-foot wide bituminous trail with a 9-foot
boulevard green space adjacent to Lone Oak Drive from existing sidewalk on Lone Oak Parkway
to future bituminous trail on Lone Oak Road, as shown on Figure 2. Bituminous trail along Lone
Oak Parkway from Lone Oak Drive to Northwest Parkway (adjacent to the US Postal Service
Information Center property - Outlot D, Lone Oak) is presented herein as an alternate to the
project, as discussed below.
Alternate: While the proposed trail along Lone Oak Drive is adjacent to property owned by the
petitioner, CSM Properties, the petition also requested the installation of trail along Lone Oak
Parkway, along property owned by the US Postal Service (LISPS). CSM feels this portion is
needed to provide further connectivity of the trail system in the area. The USPS did not pay a
trail dedication fee at time of development of their building, and likely would not recognize a
special assessment toward their property for trail installation. Given the City's inability to
specially assess the USPS property, the City Council should consider this segment of trail
separately.
Typical sections for both the main trail construction and the alternate construction are shown on
Figure 3.
On December 13, 2004, the City Council approved the Community Transportation Trail System
Policy for staff implementation. The policy states that proposed trail segments should be
evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan
while bearing in mind proper fiscal responsibility. The policy also states that its guidelines
should be used as a general method to rank all future trail segments to be constructed as public
improvements.
In reviewing the proposed trail segments, the trail policy evaluation indicated a medium ranking
for both segments. Based on this evaluation, the trail segments are supported by the City's trail
policy.
4
Permits/ Right-of-Way
It is anticipated that only a MN Pollution Control Agency Construction Stormwater Permit for
projects disturbing over one acre will be required.
All of the proposed work with this project, including the alternate construction, will take place
within the existing right-of-way of Lone Oak Drive and Lone Oak Parkway.
Cost Estimate
A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2005
construction costs and include a 5% contingency and indirect cost of 30%, which include legal,
administration, engineering, and bond interest.
Lone Oak Drive Trail Construction $116,700
Lone Oak Parkway Trail Construction (Alternate) $ 71,600
Y 5
Area To Be Included
Listed below are the properties proposed to be assessed and the construction area of the project.
Construction Area
Lot 1, Block 1 Blue Ridge 2nd Addition
Lot 1, Block 1 Blue Ridge 4th Addition
Lot 1, Block 1 Blue Ridge 5th Addition
Assessment Area
Lot 1, Block 1 Blue Ridge 2nd Addition
Lot 1, Block 1 Blue Ridge 4th Addition
Lot 1, Block 1 Blue Ridge 5th Addition
Alternate- Lone Oak Parkway
Construction & Assessment Area
Outlot D, Lone Oak
Assessments
A preliminary assessment roll is provided in Appendix B located at the back of this report. An
assessment map is shown on Figure 2.
Assessments are proposed to be levied against the benefited properties for the total improvement
with costs allocated in accordance with the City of Eagan's Special Assessment Policy for
sidewalk/trail improvements for commercial/ industrial properties on local streets. All
assessments will be revised based on final costs. A preliminary assessment roll is included in
Appendix B.
If the alternate construction is approved, it is also proposed to assess the trail construction
adjacent to the USPS Information Center (Outlot D, Lone Oak) on a front footage basis based on
final costs.
6
City Special Assessment Policy
Assessment Ratio
Property City
Local Sidewalks/Trails
• Commercial/ Industrial 100% 0%
All commercial/ industrial lots as shown on Figure 2, adjacent to the trail to be constructed, are
proposed to be assessed. The City's Assessment Policy states that 100% of the trail costs are
assessable.
The estimated cost for trail per commercial/ industrial foot to be assessed based on the City
Assessment Policy for the Lone Oak Drive portion of the project is $41.40/ Front foot and is
calculated as follows:
1) [$116,700 (Trail Cost) x 100%] = $116,700 (Total Assessment)
2) $116,700 (Commercial/Industrial Assessment) 4 $41.40/foot
2,819 F.F.
The estimated cost for trail per commercial/ industrial foot to be assessed based on the City
Assessment Policy if the Lone Oak Parkway (Alternate) portion is included as part of the project
is $43.20/ Front foot and is calculated as follows:
1) [{$116,700 + $71,600 (Trail Cost)} x 100%] = $188,300 (Total Assessment)
2) $188,300 (Commercial/Industrial Assessment) - $43.20/foot
4,359 F.F.
Assessment Financing Options
The property owners will have the option at the time of the assessment hearing to pay the full
assessment or include the assessment in with their property tax statement. If the assessment is
included with the property tax statement, the assessment will be spread over ten years for
commercial/industrial properties with the interest determined by the results of the bond sale used
to finance the improvements.
The following payment schedule will result based on an estimated 5.0% interest for the assessed
amounts:
Assessment Schedule (per $10,000 Assessment)
Principal
Per Year Interest
Per Year Cost
Per Year
First Year $1,000 $500 $1,500
Tenth Year $1,000 $50 $1,050
Revenue Source
Lone Oak Drive Trail
Estimated Estimated
Project Cost Assessment Revenue Balance
$116,700 $116,700 $0
Lone Oak Drive and Lone Oak Parkway Trail (Alternate)
Estimated Estimated
Project Cost Assessment Revenue Balance
$188,300 $121,800 ($66,500)
It is proposed to assess the benefiting properties the entire cost of the proposed improvements
along Lone Oak Drive in accordance with the City Assessment Policy. The remaining balance of
the cost of the improvements along Outlot D of the Lone Oak Plat, $66,500 with the alternate
construction, would be the responsibility of the City's Major Street Fund due to the City's
inability to collect assessments from the United States Post Office. The amount of trail
dedication fees previously paid by affected properties has been appropriated to the City's Major
Street Fund, for use in the construction and maintenance of trails adjacent to collector and
arterial roadways.
y 8 9
Proiect Schedule
Present Feasibility Report to City Council/
Order Public Hearing ................................................................. June 7, 2005
Public Hearing .................................................................................. July 5, 2005
Approve Plans and Specifications .............................................................. August 16, 2005
Award Contract ..................................................................... September 20, 2005
Project Completion ..........................................................................October 31, 2005
Final Cost Report ........................................................................... December, 2005
Final Assessment Hearing ................................................................................ Winter, 2005
First Payment Due with Property Tax Statement .................................... May 15, 2006
SD
Appendix A
Lone Oak Drive
Trail Improvements
City Project No. 922
Preliminary Cost Estimate
1. - Lone Oak Drive Trail
Item No.
Item
Unit Est.
Qty. Unit
Price Est.
Cost
2021.501 Mobilization LS 1 $4000.00 $4,200
2104.501 Remove Concrete Curb and Gutter LF 265 $6.50 $ 1,720
2105.501 Common Excavation CY 1,000 $12.00 $12,000
2211.501 6" Aggregate Base, C1. 5 (100%
Crushed)
TON
1,050
$20.00
$21,000
2350.501 2" Bituminous Walk (LV45030B) SY 2,535 $8.00 $20,280
2521.602 Pedestrian Ramps (wl Truncated
Domes)
EA
11
$800.00
$ 8,800
2575.505 Sod and 4" Topsoil SY 3,500 $5.00 $17,500
Subtotal $ 85,500
+5%
Contingencies
$ 4,300
Subtotal $ 89,800
+ 30% Indirect
Costs
$ 26,900
TOTAL $116,700
S/
II. - Lone Oak Parkway Trail
Item No.
Item
Unit Est.
Qty. Unit
Price Est.
Cost
2021.501 Mobilization LS 1 $2,600.00 $2,600
2104.501 Remove Concrete Curb and Gutter LF 145 $6.50 $ 950
2105.501 Common Excavation CY 550 $12.00 $ 6,600
2211.501 6" Aggregate Base, Cl. 5 (100%
Crushed)
TON
570
$20.00
$11,400
2350.501 2" Bituminous Walk (LV45030B) SY 1,370 $8.00 $10,960
2521.602 Pedestrian Ramps (w/ Truncated
Domes)
EA
6
$750.00
$ 4,500
2564.531 Sign Panels Type C SF 56 $25.00 $ 1,400
2564.618 Zebra Crosswalk White-Epoxy SF 576 $7.00 $ 4,050
2575.505 Sod and 4" Topsoil SY 2,000 $5.00 $10,000
Subtotal $ 52,500
+5%
Contingencies
$ 2,600
Subtotal $ 55,100
+ 30% Indirect
Costs
$ 16,500
TOTAL $ 71,600
9'-a
Appendix B
Lone Oak Drive
Trail Improvements
City Project No. 922
Preliminary Assessment Roll
1. Lone Oak Drive Trail
Parcel Front Rate/ Estimated
Parcel ID No. Footage Front Foot Assessment
10-
Lot 1, Block 1 Blue Ridge 2nd Addition 14576-
010-01 412 $41.40 $17,100
10-
Lot 1, Block 1 Blue Ridge 4th Addition 14578-
010-01 771 $41.40 $31,900
10-
Lot 1, Block 1 Blue Ridge 5th Addition 14579-
010-01 1,636 $41.40 $67,700
TOTALS 2,819 $116,700
II. Lone Oak Drive and Lone Oak Parkway Trail (Alternate)
Parcel Front Rate/ Estimated
Parcel ID No. Footage Front Foot Assessment
10-
Lot 1, Block 1 Blue Ridge 2nd Addition 14576-
010-01 412 $43.20 $17,800
10-
Lot 1, Block 1 Blue Ridge 4th Addition 14578-
010-01 771 $43.20 $33,300
10-
Lot 1, Block 1 Blue Ridge 5th Addition 14579-
010-01 1,636 $43.20 $70,700
10-
Outlot D, Lone Oak 45700-
040-00 1,540 $43.20 $66,500
TOTALS 4,359 $188,300
53
Q MENDOTA HEIGHTS
I INTERSTATE - 494
LxJ
BLUE GENi4W
CIF-
7 J
No. ss ? a,
Project
i. L t'
?
? ? `? '? oca to
,
_ LON? AK ROAD %
LONE OAK ROAC
t lRUN
/
o
1
W
I Y
I YANKEE DOODLE RD.
YANKEE DOODLE ROAD - - - _ -?
I \?
LEGEND I \y
EXISTING SIDEWALK - - - \D`?
PROPOSED TRAIL
1FUTURE TRAIL - - - - rpm
?O ? \ S
City of Eap
Engineering Department
l
Figure
1
Lone Oak Drive / Lone Oak Parkway - Trail Improvements
City Projgct No. 922
LONE OA FOURTH ADDITION
NORT
NWE
7-
Pk ltl;
0
9
0
ev-
????
290D
11 \
BU \
2915
t.:
TRIl EVANG. llli 4 CH. Q '?~
o1a55 0
2980 9JDs
---------------------
LONE OAK SECOND ADD
OUTmOTA
1
SIL/CON
eV?
F'RST ADD.
T
2
SY
Capp T pN D
0
NORTHWEST AIRLINES
l I ?J I ? '
L
XISTING SIDEWALK
RO•f bSED,,,?TF AJL
UTURE IL
R-O P_OSSE-D-A•S S E S S
990.55
07055
mug 1
Lone Oak Drive / Lone Oak Parkway - Trail Improvements Figure
City of Ea?an 2
Engineering Department city Pro'ect O. 922
JCTION
TUMINOUS TRAIL (LV4, B)
3G. BASE, CL. 5
(100% CRUSHED)
Proposed Typical Section
Lone Oak Drive / Lone Oak Parkway - Trail Improvements Figure
Ci of ?
City Project No. 922 3
Engineering Department o*
Trail Improvements
Agenda Information Memo
July 5, 2005 Eagan City Council
VI. OLD BUSINESS
A. CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, APOLLO
SUBDIVISION) - FIRST INDUSTRIAL
ACTION TO BE CONSIDERED:
To approve (OR to deny) a Conditional Use Permit for outside storage of semi trailers on
property at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, subject to
the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
? This item was continued from the June 7, 2005 Council meeting at the applicant's
request.
? The site contains an existing office/ manufacturing and warehouse building consisting of
312,265 sq. ft. The building has loading docks, and a shared truck court with the adjacent
building to the west. Vehicle parking is provided in two locations north and south of the
building.
> The applicant indicates that the ability to park trailers on the property enhances its
attractiveness to more possible buyers/tenants, and in particular one current prospect who
wishes to relocate within Eagan.
The property is zoned Limited Industrial and there are no residential properties in the
surrounding area.
> The applicant has revised the proposal based on the discussion by the Advisory Planning
Commission. The applicant is now proposing outside trailer storage in the rear yard only.
> The applicant originally proposed trailer storage in the northwest parking lot, behind the
building and at the east loading docks.
? The APC held a public hearing on May 24, 2005 and did recommend denial. The
primary reason for the denial was the proposed storage in the front yard.
ISSUES:
> The APC was clear that they were not opposed to outdoor storage on this industrial site;
however, the commission was very concerned with storage in the front yard and the
precedent that would be set.
? The applicant requested the continuance in June to allow time to adjust the plans to
address the concerns from the APC meeting, and to secure the prospective tenant so that
the plans can be made specific to that tenant's needs.
s?
? The applicant has indicated they now have an agreement in concept with a prospective
tenant that is contingent upon the site being granted a Conditional Use Permit for the
trailer storage.
? The revised proposal locates the trailer storage in the rear yard and would expand the
pavement area behind the building. The trailer storage in the northwest parking lot has
been eliminated from the proposal and that area will remain for vehicle parking.
? These changes to the outside storage proposal have brought the plan into compliance with
City Code requirements for outside storage. As a result, conditions #2, #3 and #5 in the
staff report can be eliminated if the Conditional Use Permit is approved.
60-DAY STATUS: Deadline is July 5, 2005
ATTACHMENTS: (3)
May 24, 2005, APC Minutes, pages through
Staff report, pages P through
Letter from Applicant dated June 30, 2005 and Revised Site Plan, pages 7 through Z5
se
City of Eagan
Advisory Planning Commission Meeting Minutes
May 24, 2005
Page 5
B. First Industrial
Applicant Name: First Industrial
Location: 900 Apollo Road; Lot 1, Block 1, Apollo Subdivision
Application: Conditional Use Permit
A Conditional Use Permit to allow outside storage of Trailers.
File Number: 11-CU-08-04-05
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated May 13, 2005. She noted the background and history.
Joe Gearen, Leasing and Marketing Director with First Industrial, explained that due to
the size of the building, outside storage will most likely be necessary to attract a buyer or
tenant. He stated the site is not visible to residential, only other industrial uses.
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 asked staff how many other properties have been allowed to have
parking/storage in the front yard. She asked the applicant if there is a reason, other than
cost that would prevent storage in the back
City Planner Ridley stated staff is aware of no others.
On behalf of 1st Industrial, Ted Carlson, Welsh Properties stated trailer storage on the
south side of the building would impede building to the south.
Member Hansen stated his concern with the proposal.
City Planner Ridley stated customer and employee parking between the building and
street is typical; however outdoor storage in the front is unusual.
Member Matthees stated agreement with the proposal because it is in an industrial area;
however additional screening would be helpful.
Member Bendt asked if a number of rows of trailer storage in the front could be removed
to increase greenspace.
Mr. Gearen stated the amount of storage could be adjusted.
City Planner Ridley clarified that this is an industrial area and outdoor storage is
expected; however, staff's concern is that invariably other property owners with outdoor
s?
City of Eagan
Advisory Planning Commission Meeting Minutes
May 24, 2005
Page 6
storage in this or any industrial area will see this as a precedent for potentially increasing
outdoor storage by utilizing the front yard.
Chair Heyl concurred that this precedent would not be good public policy. She stated
outdoor storage on this site would be appropriate provided the provisions of the City
Code are met. She encouraged the applicants to add the needed outdoor storage space
to the south side of the building.
Member Heyl moved, Member Bendt seconded a motion to recommend denial of a
Conditional Use Permit for outside storage of semi trailers on property located at 900
Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE 1/4 of
Section 11 due to the following requirements not being satisfied:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D
1. Will not be detrimental to or endanger the public health, safety, or general welfare of
the neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operation and maintained so as to be compatible in
appearance and use with the existing or intended character of the general vicinity.
City Code Section 11.70, Subdivision 22, C, 2
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.
A vote was taken.,,
Aye: Chair Heyl, Members Hansen, Bendt, Keeley, and Chavez.
Nay: Member Matthees.
Motion carried 5-1.
90
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 13, 2005
APPLICANT: First Industrial
PROPERTY OWNER: First Industrial
REQUEST: Conditional Use Permit
LOCATION: 900 Apollo Road
CASE: 11-CU-08-04-05
HEARING DATE: May 24, 2005
APPLICATION DATE: May 5, 2004
PREPARED BY: Pamela Dudziak
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit for outside storage of semi
trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo
Subdivision, in the NE'/4 of Section 11.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
6/
Planning Report - First Industrial
May 24, 2005
Nee
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
In addition to the requirements for a conditional use permit listed above, City Code Section
11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows:
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 (I-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.
6?
Planning Report - First Industrial 3
May 24, 2005
Page
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.
BACKGROUND/HISTORY
This property was first platted between 1967 and 1969. The Donaldson Company constructed
the existing office/ manufacturing/warehouse building in 1969. The building has rail access on
the east side and loading docks on the west side.
In 1995 the parcel was subdivided into two lots, creating this L-shaped parcel containing the
existing building. At that time, Anchor Hocking Plastics occupied the bulk of the building, and
intended to sublease approximately 20,000 sq. ft. of office space. At the same time, a
Conditional Use Permit was requested, and approved, to allow outdoor storage of semi trailers on
this parcel. The CUP approval allowed trailer storage in the northwest parking lot. Additionally,
a condition of the CUP required that the outdoor trailer storage "be discontinued upon the
termination of Anchor Hocking's interest in the property or the assignment or subleasing by
Anchor Hocking of more than 20,000 sq. ft. of the existing space within the building located at
900 Apollo Road."
EXISTING CONDITIONS
The site is known as the Apollo Distribution Center and contains an existing office/
manufacturing and warehouse building consisting of 312,265 sq. ft. The building has loading
docks, and a shared truck court with the adjacent building to the west. Vehicle parking is
provided in two locations north and south of the building. Trailer storage is proposed in the
northwest parking lot and to the south of the building.
While Anchor Hocking no longer occupies the building, trailers continue to be stored on the
property in the northwest lot and south of the building. The owner is requesting approval of a
new CUP to continue to allow trailer storage on the property for other future tenants.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zonin Land Use Designation
North Office/Warehouse/
Manufacturing I-1, Limited Industrial IND, Limited Industrial
South Warehouse 1- 1, Limited Industrial IND, Limited Industrial
East Warehouse/Pond/
BAX Global I-1, Limited Industrial IND, Limited Industrial
West Warehouse I-1, Limited Industrial IND, Limited Industrial
o13
Planning Report - First Industrial
May 24, 2005
EVALUATION OF REQUEST
Compatibility with Surrounding Area - Outdoor storage is a conditional use in the I-1 zoning
district. The subject site is surrounded by other industrial properties. There is no nearby
residential property. The proposal appears consistent with the land use designation of Limited
Industrial.
Proposal/Site Plan - The applicant is proposing outdoor storage of up to 146 trailers on the site.
The applicant's narrative states
"The building has been vacant, with the exception of short term deals, since
January 2004. The building is difficult to demise providing us with the challenge
of finding a single user for all 312,256 square feet. In today's commercial real
estate market, the number of tenants of that size is minimal. We are asking for
this conditional use permit to give us the opportunity to provide a user that must
have outside trailer storage that ability."
The applicant has indicated that they have a prospect that is currently located in Eagan
"absolutely need[s] the ability to park trailers in the designated spots shown on the ... plan. This
prospect is the ideal user for this property and it allows us to keep their business in Eagan."
Most of the trailer storage (108) is proposed for the parking lot on the northwest portion of the
property, with some trailer storage in a lot to the south of the building (30), and a few trailers (6)
at the docks on the east side of the building. The total proposed storage would accommodate up
to 146 trailers.
The area proposed for the 30 trailers south of the building is shown larger on the site plan than it
exists on the property. The pavement in that area currently holds 11 trailers. Compliance with
green space standards should be demonstrated before expanding this storage area, and the
expanded storage area should be surfaced with bituminous asphalt and concrete curb and gutter.
Outdoor Storage Requirements -
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. An enclosure is not proposed. It is a policy
decision whether an enclosure is necessary. The enclosure is intended to provide security
and containment. With screening provided by berming, and the only storage item being
trailers, an enclosure may not be necessary. It is a policy matter for City officials to
determine whether an enclosure is needed.
6154
Planning Report - First Industrial 5
May 24, 2005
Page
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. The proposal
partially satisfies this requirement. A large portion of the storage is located in a front
yard, but does not encroach into required yard setback areas. This area proposed for
trailer storage was originally constructed for employee parking. Staff is concerned with
the outdoor storage being located in the front yard. Expansion of the rear yard storage
area is constrained due to topography. While some expansion can be accommodated, the
rear yard slopes up significantly and grading necessary to accommodate the proposed
trailer storage entirely in the rear of the lot would require significant grading, retaining
wall and possibly some tree removal. The trailer storage as proposed makes use of
existing paved areas.
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 applicant's narrative states, and a site visit confirmed, that the northwest
storage lot is screened from the public right-of-way by berming. While there is some
berming and some mature evergreen trees, the trailers in the northwest lot remain visible
from the public right-of-way. Additional landscaping should be added so that the trailers
are not visible from public rights-of-way. All surrounding and adjacent properties are
zoned and guided Limited Industrial
d. The storage area shall not interfere with any pedestrian or vehicular movement. The
proposed trailer storage areas leave open the drive aisles for circulations around the
building. The Fire Marshal has reviewed the plans and indicates that an east-west
emergency access aisle must be provided between trailers in the northwest storage area.
This would allow sufficient access to all- areas of the stored trailers should there be a fire
or other emergency. This would reduce the number of trailers able to be stored in this
area by 10.
e. The storage area shall not take up required parking spaces or landscaping areas. The
proposal does not satisfy this condition. An estimated 383 parking stalls are required to
support the building. With trailer storage occupying a majority of the parking stalls,
available vehicle parking does not meet City Code requirements. The trailer storage
proposed in the northwest lot does take up vehicle parking spaces, leaving only 79 vehicle
parking stalls to serve the building. One of the concerns in 1995 with the Anchor
Hocking proposal was that the demand for employee parking could fluctuate dramatically
depending on the tenant and number of employees. A future tenant with a labor intensive
operation or more office space could have a much higher demand for employee parking.
In that event, the trailer storage could conflict with employee parking needs and should be
discontinued. The concerns raised in 1995 are still pertinent in 2005.
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. The
proposed storage areas are surfaced with bituminous asphalt, which is in good condition.
6s
Planning Report - First Industrial 6
May 24, 2005
Page
There are a few areas which show some wear and deterioration and these areas should be
patched. Most of the area has concrete curb around the perimeter. Where it is not
currently provided, concrete curb should be added. All new and existing parking spaces
and storage areas should be surfaced with bituminous surface, concrete curb and gutter
and storm drainage provided.
Landscaping - No new landscaping is proposed. Existing landscaping is not shown on the plans,
however the applicant's narrative states the parking lot adjacent to Apollo Road is currently
screened by berming. A site visit by staff confirmed this. While berming is currently provided,
and mature evergreen trees are located along Apollo Road, the trailer storage area remains visible
from the right-of-way. At a minimum, landscaping/screening should be provided so the trailers
are not visible from public right-of-way.
Access/Street Design. - Access into the site is provided from Apollo Road in several locations.
Tree Preservation - A tree preservation plan is not required since the proposal involves no new
development.
SUMMARY/CONCLUSION
The application is for a Conditional Use Permit to allow outdoor storage of semi trailers in
several locations on Lot 1, Block 1, Apollo Subdivision. The site is occupied by a manufacturing
and warehouse building and shares a truck court with the adjacent property to the west. The
proposed trailer storage satisfies three of the six outdoor storage criteria. The three things that
fail to satisfy outdoor storage standards include 1) the storage occupies required parking stalls, 2)
some of the storage is located in a front yard, and 3) an enclosure is not provided, although one
may not be necessary. Conditions which are satisfied include screening, access/circulation, and
surfacing. Staff is concerned with the proposed trailer storage in the front yard of the site.
The applicant is proposing the trailer storage to make the property more marketable and attract
larger tenants. The applicant indicates that the ability to park trailers on the property enhances its
attractiveness to more possible tenants, and in particular one current prospect who wishes to
relocate within Eagan. The property is zoned Limited Industrial and there are no residential
properties in the surrounding area.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for outside storage of semi trailers on
property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in
the NE %4 of Section 11.
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
?6
Planning Report - First Industrial 7
May 24, 2005
Page
2. An east-west drive aisle shall be provided between trailers in the northwest storage area to
provide emergency access within the storage area. The size and location of the aisle shall be
acceptable to the City Fire Marshal.
3. The bituminous surfacing shall be patched where necessary, and new concrete curb installed
at the edge of pavement in areas where none currently exists.
4. All new and existing parking spaces and storage areas should be surfaced with bituminous
surface, concrete curb and gutter and storm drainage provided. .
Landscaping/screening shall be provided so that the trailers are not visible from public right-
of-way.
bl ??
FINANCIAL OBLIGATION-1 I-CU-08-04-05 - 900 Apollo Road
Lot 1, Block 1, Apollo Subdivision
There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use.
At this time, there are pending assessments in the amount of $-0- proposed to the parcel.
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 conditional use.
IMPROVEMENT
None
USE RATE
QUANTITY AMOUNT
-0-
Total
6d'
r Eagan boundary
Right-of-way
Location Ma P -a[ Area
building Footprint
N nl?
1. 1
ME-HIM
ui.h
t: Y: .. --..rte ..-? -.. .. .. 'I _
e° S
L
'any P Gmi
se m
Vill
p i
1. IT,
1000 0 1WDO 200D Feet
Development/Developer: First Industrial
Application: Conditional Use P ?t
Case No.: 11-CU-08-0405
Map Prepared using ERSI AmView 3.1. Parcel base map data provided N
by Dakota County Offlee of GIS and is current as of April 2005.
oETHIS MAP 13 INTENDED FOR REFERENCE USE ONLY W E
City of Egan and Dakota County do not guarantee the accuracy of this infrmaiCnot responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map
IND I I I IND
Zoning Map
Current Zoning:
I-1
Limited Industrial
ca s see 1201 root
16 1
Comprehensive Guide Plan I
RC
Land Use Map
IIND NO IND a ?w
Current Land Use Designation:
IND
Limited Industrial
IND
cos I 100 1200 F..t
First Industrial
Conditional Use Permit
Case No. 08-PS-02-04-05
Prc.i b11. map Inform. • my L.nd svv.y b p.rtm.rt Ju.. 2007. N
Zoning infotaUon m.intain.d b)Cky Staff
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
•1
C
I- .
]i ocp? r9 ma tt.
=UJI
g
E y'"P 4
E
tllli! illfill; lfll91 Eilli
B "Of evil
x
MNUX MpEi
I 1
ELF /??;t I
HIP 11121
Ills 101
"71
S IT F- PLAN
ORRST
® INDUSTRIAL
May 5, 2005
FIRST INDUSTRIAL REALTY TRUST, INC.
7615 Golden Triangle Drive
Suite N
Minneapolis, MN 55344
952/943-2700
Fax 952/943-8776
Ms. Pamela Dudziak
Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Conditional Use Permit
11-CU-08-04-05
Dear Pamela-
I would like to thank you for the consideration of our application for a Conditional Use
Permit for outside trailer storage at Apollo Distribution Center, located at 900 Apollo
Road, Eagan, MN. The purpose of this letter is to address the issues that were brought to
our attention in your letter to Michael Stephens dated April 28, 2005.
Enclosed, you will find a current site plan showing the number of trailers we are
proposing to store. This plan does reflect surrounding properties or what is adjacent to the
subject site.
Apollo Distribution Center is a 312,265 square foot manufacturing/distribution building.
The building has been vacant, with the exception of short term deals, since January 2004.
The building is difficult to demise providing us with the challenge of finding a single user
for all 312,256 square feet. In today's commercial real estate market, the number of
tenants of that size is minimal. We are asking for this conditional use permit to give us
the opportunity to provide a user that must have outside trailer storage that ability.
Currently, we are having conversations of leasing or potentially selling this building to an
existing Eagan corporation. This prospect has been in business since 1935 and currently
employs approximately 100 people. They are a third party logistics company that
provides short and long-term storage, public warehousing and third party trucking. They
absolutely need the ability to park trailers in the designated spots shown on the attached
plan. This prospect is the ideal user for this property and it allows us to keep their
business in Eagan.
C 7E I V E MAY ') 5 20' J
In regards to screening, I apologize that it is not demonstrated with grading contours.
However, the parking lot adjacent to Apollo Road is currently screened by Berming.
Again, we are asking for this conditional use permit for two major reasons: We need it to
give the building as many amenities as we can to attract a company sizable enough to
lease/purchase 312,265 square feet and to give us the ability to continue working with our
prospect. We understand the concern that the City of Eagan has with regards to outside
storage, but it is our hope that we have shown, with this plan that the visual aspect of the
storage from the street will be minimal.
Thank you for your consideration.
Sincerely,
FIRST INDUSTRI?L REALTY TRUST, INC.
`
os Gearen
Leasing and Marketing Director
JPG/amp
enclosure
?23 ¦ FJRST
4 INDUSTRIAL
IFIRsT
INDUti I ILIA I
June 30, 2005
FINSI INIHSIHIN. Ri.Alrr - TKr - 1. IM'.
/fl i5 Golden Triangle Drive
Srulr N
Minneapoiri MN S5:?•t•1
Wi? 443-2700
Fax rJ52/943-6770
Ms. Pamela Dudriak
Planner
City of Eagan
3720 Pilot Knob Road
Eagan, MN 55122-1897
RE. Conditional Use Permit
11-26-08-04-05
Dear Pam-
I would personally like to thank you, the planning commission and the council for all of your time
and efforts that you have put towards First Industrial's request for a conditional use permit. I
would also like to thank the council for the continuance granted use at the last council meeting.
The purpose of this letter is to address the revised request of our conditional use permit. We have
provided plans that have addressed the planning commissions concerns as of the May 24, 2005
meeting. Taking into considerations the concerns with storage in the front of the building and the
lack of employee parking, we have shown on the new plan, an area in the rear of the building by
which we are requesting a conditional use permit be granted. We have also shown, in the shaded
area, an area for future potential trailer storage. This shaded area is to show the council where we
could add additional stalls should the need ever present itself in the future.
As has been addressed a couple of times, Fist Industrial is negotiating a lease with a full building
user at this time. This lease is contingent upon First Industrial receiving a conditional use permit
for the trailer storage presented in this revised plan. We are excited about the opportunity to have
a full building user for the City of Eagan and for First Industrial. However; it has been our
objective to work with the City of Eagan on a conditional use pennit that provides First Industrial
with the trailer storage for any potential tenant and addresses the concerns of the planning
commission.
Again, First Industrial appreciates the Eagan Planning commission and the City Council's review
and consideration of our request.
Sincerely,
4 oe Gea en
ng & Marketing Director
t? ?
Z00/Z00'd 9LGO# AZ'IK3d 'IKILiISnQNI iSuI3 BLLB £b6 Zc6 Lti:51 900Z,0£'isnf
li -- - - ? 111
41
Lr I _ 1 TT(TTM
L=jI€ I i)
( I!` III,
I
Ij , I II
I I j II
1. ? I ,j i , I
I I it
I 1 1
II
(I ( I I I
I I II
- ? I I II
I I ?
I I .)
I I ?
I I II
-- - ? I,
mgt sr?c (131 9P -? I II
11 ? ? ? ??? j , ? I 1
1 1 I ;ir .1
- -- ?1
as «u
?R ? ? ?? y?\\ \ vv?At ? A\,?A?\ ` ? /I •
I-j
Hil 113=3
C> 2
c=n
.46 0
Agenda Information Memo
July 5, 2005 Eagan City Council Meeting
NEW BUSINESS
A. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Ordinance Amendment to Chapter 10, Section 10.25 to stipulate that
appeals made to the Board of Soil and Water of a City approved wetland replacement
plan require the party making the appeal to post payment of $500 with the City.
FACTS:
? At their regular meeting of June 21, 2005, the City Council directed the City
Attorney to prepare and ordinance amendment requiring any petitioner appealing
a wetland replacement action to post a letter of credit, cashier's check or cash in
the amount of $500 with the City.
? The $500 posted must be returned to the petitioner unless there is finding by the
Board that the appeal lacks merit, is trivial or brought solely for the purposes of
delay.
ATTACHMENTS: (1)
Draft Ordinance Amendment on page _ 77
96
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY
AMENDING SECTION 10.25 REGARDING COMPLIANCE WITH WETLAND
CONSERVATION STATUTES AND REGULATIONS; AND BY ADOPTING BY
REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Ten is hereby amended by changing Sectionl0.25, to
read as follows:
Sec. 10.25. Compliance with wetland conservation statutes and regulations.
It is unlawful for any person to conduct any activity, including, but not limited to,
draining, filling or burning, in wetland areas as governed by state wetland
conservation statutes and regulations and any amendments thereto hereafter without
first notifying the city of such activity.
Upon the filing and service of a petition to appeal a decision by the City Council
regarding any wetland replacement plan, banking plan, public road proiect notice,
exemption, no loss or wetland boun or type request, the petitioner shall post a
letter of credit, cashier's check or cash in the amount of $500.00 with the Ci Clerk.
The appeal bond will be returned to the petitioner upon the completion of the
appeal unless the Board of Water and Soil Resources determines that the appeal
was meritless, trivial, or brought solely for the purpose of delay.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
CITY OF EAGAN
City Council
By: Maria Petersen
Its: City Clerk
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
By: Pat Geagan
Its: Mayor
-**07 7
Agenda Information Memo
July 5, 2005, Eagan City Council
B. PLANNED DEVELOPMENT AMENDMENT (OUTLOT B, EAGAN
WOODS OFFICE PARK 2" ADDITION) - MANLEY LAND
DEVELOPMENT
ACTION TO BE CONSIDERED:
To recommend approval of (OR direct Findings of Fact for Denial) a Planned Development
Amendment and a Final Planned Development for a 24,000 sq. ft. two-story office building
upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way in the NE '/4
of Section 4, subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
• The applicant is proposing a two-story 24,000 sq. ft. multiple occupant condominium office
building. The site is vacant and was previously graded.
• The proposed office use is consistent with the Office/Service land use designation.
• OCB intended to create a focal point and sense of arrival into the office park. The applicant
is proposing an entrance feature that consists of decorative iron fence, precast support
columns, landscaping and a 24' obelisk.
• The proposed building utilizes primarily glass, EIFS, and cultured stone with prefinished
metal canopies and sunscreens; surrounding buildings are primarily brick and glass. This
presents a different style of architecture and use of materials than surrounding buildings.
• Multiple business signs are anticipated on the building. Specific conditions regarding
signage are outlined in the staff report.
• The Landscape Plan needs some minor modifications .
• The proposal largely satisfies typical City Code standards. Two exceptions are in regard to the
structure setback from a remnant public right-of-way on the northwest corner of the property,
and a deviation in the number of parking stalls provided.
• The APC held a public hearing on June 28, 2005, and recommended approval of the Planned
Development Amendment and the Final Planned Development.
ISSUES:
• Staff is concerned about the location of the driveway on Buffet Way and traffic conflicts with
the Buffet Way/Eagan Woods Drive intersection. Staff recommended that driveway be
relocated to Eagan Woods Drive. The applicant wished to retain some access on Buffet Way
and the APC compromised with approval of a right-in only on Buffet Way. This would
result in a further reduction in the number of parking stalls to provide for the driveway
entrance.
78'
Staff is concerned about the multiple building signs that are anticipated with a multiple
occupant condominium building. Consequently, specific restrictions on signage are listed in
the conditions of approval in the staff report.
The acceptability of the proposed amendment and its deviations are a policy matter to be
determined by City officials.
60-DAY STATUS:
Deadline is August 9, 2005
ATTACHMENTS: (2)
June 28, 2005, APC Minutes, pages & through S t
Staff report, pages" through ?y
79
City of Eagan
Advisory Planning Commission Meeting Minutes
June 28, 2005
Page 6
C. Eagan Woods
Applicant Name: Manley Land Development
Location: In the NE 1/4 of Section 4.; Outlot B, Eagan Woods Office Park ( 2nd
Addition)
Application: Planned Development Amendment
A Planned Development Amendment to build a 24,000 sq. ft. 2 story Class A
office building.
File Number: 04-PA-03-05-05
Application: Final Planned Development
A Final Planned Development of 1.80 acres to create a 24,000 sq. ft. 2 story
office building with underground parking.
File Number: 04-FD-09-05-05
Planner Dudziak introduced this item and highlighted the information presented in
the City Staff report dated June 21, 2005. She noted the background and history.
Tim Johnson, Manley Land Development stated concern for the access and
preference to unrestricted access on Buffet Way.
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.
Mr. Johnson explained that they were trying to create a street presence without the
building being the sole presence.
Chair Hey[ inquired about adding brick to the building and the color of the proposed
materials.
Todd Mohagen, Mohagen Hansen Architects, stated additional brick could be added
to the building. He stated the colors will be earth tones. He displayed a picture of an
existing similar project. He stated each tenant on the first floor has an individual
entrance; the larger second floor tenants would share an entrance. He stated
additional evergreen landscaping materials could be added.
Mr. Corder stated a right-in access would be acceptable from Buffet Way.
Mr. Mohagen stated some parking could be eliminated to accommodate the
additional access. He indicated the occupants that typically locate in this type of
building do not have a high parking need.
The applicant and Advisory Planning Commission discussed access to the property,
building/entrance signage, right-of-way, elevations, and building materials.
8"0
City of Eagan
Advisory Planning Commission Meeting Minutes
June 28, 2005
Page 7
It was determined that the building location was a good tradeoff for underground parking,
that limited building signage was appropriate and that additional brick on all four sides of
the building was necessary to better fit existing development in the area and to avoid the
building's appearance being too retail.
Member Chavez moved, Member Hansen seconded a motion to recommend approval of
a Planned Development Amendment and Final Planned Development subject to the
following conditions as amended:
1. The applicant and/or developer shall enter into a Final Planned Development
Agreement with the City. The Final Planned Development Agreement shall be
recorded against the property at the Dakota County Recorder's office prior to
issuance of a building permit.
2. The following exhibits are required for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations/Signage Plan
• Final Landscape Plan
• Final Site Lighting Plan
3. The site shall be developed in accordance with the above referenced final plans.
4. The property shall be platted.
5. The developer shall provide evidence of interior noise reduction to 50 dBA at the
time of building permit application.
6. The landscape architect shall review the landscape plan and determine areas
where evergreen materials for year around color can be incorporated.
7. The landscape architect and lighting consultant shall review the plans to make sure
that the lighting and island landscaping are compatible.
8. All signage shall comply with City Code requirements.
9. Building signage shall be limited to the business identification name only, and only
one sign shall be permitted for each occupant. All building signage shall be uniform
in design, size, font and color, and be backlit or otherwise externally lit. Can signs
and internally lit signs shall be prohibited.
10. Signage on the obelisk shall be prohibited. Signage on the panel beneath the
obelisk shall be restricted to address numbers only.
11. Full public street access to the development shall be to Eagan Woods Drive with a
right-in only from Buffet Way.
12. This development is responsible for cash parks and trails dedications due at the
time of building permit application at the rates then in effect.
13. Brick materials shall be added to all four facades, specifically using brick in place of
EIFS on the middle band of all four facades.
14. The approved uses shall be limited to professional offices only, no retail uses and
no outdoor storage shall be permitted, as defined by City Attorney in the Planned
Development Agreement.
All voted in favor. Motion carried 7-0.
7,,
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 21, 2005
CASE: 04-PA-03-05-05;
04-FD-09-05-05
APPLICANT: Manley Land Development
PROPERTY OWNER: Manley Land Development
REQUEST: Planned Development Amendment
HEARING DATE: June 28, 2005
APPLICATION DATE: June 1, 2005
PREPARED BY: Pamela Dudziak
LOCATION: NW corner of Pilot Knob Road and Buffet Way
COMPREHENSIVE PLAN: O/S, Office Service
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment and a Final
Planned Development to change the approved land use from hotel to office upon 1.8 acres
located on the northwest corner of Pilot Knob Road and Buffet Way, legally described as Outlot
B, Eagan Woods Office Park 2°a Addition, in the NE '/4 of Section 4.
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
This property was platted as an outlot with the Old Country Buffet (OCB) development in the mid-
1990s. The OCB Planned Development called for a hotel on this parcel. The original intent of the
OCB development was to "develop a campus where, in addition to their corporate offices, the
employees can be trained at a training facility, be housed at the hotel, and operate their restaurant;
all on one site." (OCB Staff Report, April 25, 1995) However, these other uses have not developed
?C2
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 2
and OCB has recently sold the property. Manley Land Development is now proposing a two-story
office building on this property.
EXISTING CONDITIONS
The site is vacant and was graded with previous development. There is no significant vegetation
on the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Vacant (PD approval for a
hotel use) PD, Planned Development O/S, Office/Service
South Vacant PD, Planned Development O/S, Office/Service
East Hotel PD, Planned Development BP, Business Park
West Office (OCB)/vacant PD, Planned Development O/S, Office/Service
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The proposed office use is consistent with the
Comprehensive Guide Plan Office/Service land use designation. The proposed use also appears
compatible with the surrounding uses. Buffet Way leads into the Old County Buffet
headquarters office building and the Eagan Woods office buildings. Also to the southeast across
Pilot Knob Road is another office building. Other uses in the area include a hotel, the adjacent
property to the south is approved for a restaurant use, and the adjacent property to north is
approved for a hotel.
Airport Noise Standards - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
of its Metropolitan Development Plan that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in Eagan place the subject property
within Noise Zone 2. Within this area, office development is considered to be provisional, meaning
that it must comply with certain structural performance standards to be acceptable according to MS
473.192. In particular, the building plans, materials and construction should be such that they will
insure an interior sound level of 50 dBA (provisional land use performance standards) as compared
with a noise level of 75 DNL (based on the inside boundary of the noise zone). This would require
an inside noise level reduction of at least 25 dBA (DNL level minus required dBA level) as
compared with the noise level at the inner boundary of the noise zone, in this case 75 DNL.
Site Plan - The Site Plan shows a two-story office building on the northern portion of the site,
with surface parking on the southern portion of the property. The building is proposed to have
83
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 3
some underground parking. A small surface parking lot is located off the west end of the
building, leading to the underground parking area. The northern and southern surface lots are
separated by a retaining wall. The applicant intends for this to be a multiple occupant building,
with individual offices sold as condominium units. The sidewalk along the front of the building
connects to the trail along the west side of Pilot Knob Road.
This location is a gateway to Eagan, the first main intersection south of 1-494. The OCB
development intended to "create a focal point and a sense of arrival to the corporate campus at
the intersection of [Buffet Way] and Pilot Knob Road." (OCB Staff Report, April 25, 1995)
However, since Outlots B and D have not developed, the intended focal point also did not
materialize. In a preliminary meeting with this developer, staff suggested a site design that
places the building on the southeast corner of the site. Orienting the building in that way would
deemphasize the parking lot and create a building presence at the entrance to this office park and
at this gateway intersection. The office park to the southeast across Pilot Knob Road has a
similar design with no parking between the building and the intersection, and the hotel to the
northeast across Pilot Knob Road has a significant building presence.
As an alternative to utilizing the building to create the gateway presence, this developer is
proposing instead to create a landscaped entrance feature utilizing a decorative iron fence with
precast concrete support pillars, a 24' precast obelisk, and a brick backdrop for the development
signage. This decorative feature serves the purpose of creating the intended focal point and sense
of arrival into the office park. This type of feature is preferred by the developer due primarily to
the site topography, which is conducive to locating the building on the north end of the property.
Staff suggests that while this developer does not control Outlot C on the south side of Buffet
Way, when Outlot C develops, the same entrance monument feature and landscaping elements
should be incorporated on the south side of Buffet Way.
Setbacks - The proposed building setbacks are 50 feet from Pilot Knob Road, 20 feet from the
northerly lot line, and more than 50 feet from Buffet Way and Eagan Woods Drive. Minimum
Parking setbacks are proposed to be 20 feet from all public streets and 25 feet from the northern
lot line. These setbacks are consistent with ordinance requirements and typical setbacks for
office uses required by other zoning districts.
There is a remnant of public right-of-way that was dedicated with Eagan Woods 1" Addition.
The portion of right-of-way that extended through this parcel was vacated with the replatting of
the property with the OCB development, but the right-of-way that extends adjacent to the
northwest corner of this parcel was never vacated. Therefore, a 30-foot building setback is
required from this right-of-way and the proposed building setback of 20 feet in this location is a
deviation from the typical City Code standard. It is anticipated that this existing right-of-way
ultimately will be vacated with development of the adjacent parcel to the north, so there are no
foreseen adverse impacts from this deviation.
Parkin - The proposed two-story office building contains approximately 24,000 square feet.
City Code requires that one parking stall be provided for each 150 sq. ft. of net office space. This
calculates to a minimum required parking amount of 128 stalls. The applicant is proposing 90
8?4
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 4
surface parking stalls in the main parking lot, an additional 12 stalls in the lower parking lot, and
24 underground stalls for a total of 126 parking stalls. This is two stalls short of the amount
required by City Code.
Parking stalls are proposed to be 10 feet wide by 19.5 feet deep; two-way driving aisles are
proposed to be 24 feet wide. These dimensions are consistent with City Code standards.
Landscaping - The landscape plan shows a continuous planting of Snowmound Spirea to form an
undulating hedge for screening between the main parking lot and public rights-of-way.
Groupings of shade trees (Autumn Blaze Maple) are proposed to add a vertical element and will
shade the parking area in summer. The hedge ends in a cluster of Dwarf Korean Lilac, Little
Princess and Magic Carpet Spirea and ornamental trees (Prairifire Crab or Japanese Lilac); such
clusters flank the driveway entrance. The obelisk monument and sign panel have a backdrop of
lilacs and are fronted with spirea, daylilies and salvia.
The parking lot islands are proposed to be planted with ornamental trees and spirea. The top of
the retaining wall between the two parking lots is landscaped with low growing spreading
juniper, one variety of which will be placed "to allow to cascade down wall," and two varieties of
spirea. The building foundation plantings consist largely of various species of spirea with some
dwarf lilacs, daylilies and salvia. The northern side of the building is landscaped with Nigra Yew
(an evergreen shrub), Nannyberry Viburnum and Grey Dogwood (both deciduous shrubs). Three
Red Oak trees are proposed between the east side of the building and Pilot Knob Road; Swamp
White Oak trees are proposed off the northeast and northwest corners of the building.
While the landscape plan appears to address screening concerns and provide a fully landscaped
site, staff is concerned about the lack of evergreen materials to provide year round screening and
color along the public rights-of-way. A densely planted deciduous hedge may provide the
screening required by City Code, but lacks the year-round green. Staff also is concerned that the
canopy of the ornamental trees in the parking lot islands, when leafed out, will interfere with the
site lighting and create dark spots within the parking lot. The developer should have the
landscape architect and lighting consultant review this to make sure the two plans are compatible.
Building Elevations/Architecture - The applicant's narrative states that the proposed amendment
"would allow for a complementary and creatively designed two-story ... Class A office
building." According to the applicant, the proposed building has a "Southwestern style
architecture" utilizing "attractive building materials such as ... stone, glass, EIFS, canopies, all
designed to create visual interest and enhance curb appeal."
The proposed building architecture is a two-story flat roof design. Building materials consist
primarily of EIFS and glass, with cultured stone elements and burnished block accents. Each
individual office entrance is covered by a canopy. The central entrance is highlighted by a
stepped raised roof line and a second story arch with a pre-finished arched metal canopy.
Sunscreens above the central entrance and above the second story and end windows add a
horizontal element.
? s
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 5
Aside from the glass, the building is approximately two-thirds EIFS material. This is a departure
from the brick and glass standard that has been utilized in previous developments in this area (the
hotel, OCB and Eagan Woods buildings and the office buildings in the corporate development to
the southeast across Pilot Knob Road). Staff suggests that brick be added to the building
exterior, perhaps between the first and second floor windows to create greater consistency with
other office buildings in the area. It is a policy matter for City officials to determine whether the
proposed building design and materials are acceptable.
The building utilizes the topography of the site such that the parking level is exposed on the
north side and will be finished in rockface block with some cultured stone. On the south side,
the parking level is underground and the surface parking is then on the same level as the
individual entrances and offices. The use of different materials to create both vertical and
horizontal elements adds visual interest to the building.
Site Lighting - City Code requires that on-site lighting be provided as is necessary for security,
safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting
shall not be directed upon public rights-of-way or adjacent properties and the source of light shall
not be visible from off the property. The proposed site lighting plan appears to satisfy these
standards.
Site lighting is proposed through free-standing pole-mounted lights with 320 watt metal halide
shoebox type fixtures. These fixtures are to be mounted on 22' poles within the parking lot. The
photometric plan shows light levels of not less than 0.5 footcandles at all points within the
parking lots, with a high of 8.5 footcandles and an average of 2.44 footcandles. Light levels at
the property lines are 0.0 to 0.3 footcandles.
Signage - A monument sign is proposed as part of the entrance monument feature. Multiple
building signage areas also are proposed since this will be a multiple occupant condominium
building. Individual occupant building signage will be unique for this area and staff suggests that
the Advisory Planning Commission and City Council carefully consider this request. A Class A
office with individual occupant building signage will be unusual. Staff suggests that building
signage be limited to a building identification name rather than multiple occupant signs. If
multiple occupant signs are allowed, the restrictions outlined in the following paragraph should
be applied.
All signage should comply with City Code requirements. In addition, building signage should be
limited to the business identification name only, and only one building sign should be allowed
per occupant. All building signage should be uniform in design, font, size and color, and be
backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to
avoid the appearance of this building as a retail center. Signage should be prohibited on the
obelisk, and signage on the panel beneath the obelisk should be restricted to address numbers
only.
Grading - The site was graded with previous development in the area and is generally open and
slopes to the north.
B"6
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 6
Utilities - Sanitary sewer and water main of sufficient size, depth, and capacity are available for
connection by this development.
Storm Drainage - Storm sewer drainage is available via existing storm sewer pipe and pond
(Pond HP-7) to the northwest of the site.
Wetlands/Water Quality - There are no jurisdictional wetlands on the property. Water quality
requirements for this site were previously satisfied with the first phase of the OCB development.
Access - Street access is proposed in two locations, one onto Eagan Woods Drive to the west and
one to Buffet Way to the south. The proposed access location onto Buffet Way is in close
proximity (about 85 feet) to the Buffet Way/ Eagan Woods Drive intersection. The Buffet Way
leg of the intersection is anticipated to accommodate a large volume of traffic when the area is
fully developed. The close proximity of the proposed development access may cause vehicle
conflicts on Buffet Way and at the intersection. To reduce the potential conflicts, the proposed
access to Buffet Way should be relocated to the Eagan Woods Drive leg of the intersection,
which is a lower-volume street.
Tree Preservation - Since the site was graded with the development of the OCB headquarters
building, there is little vegetation remaining on the property. What does exists is along the
northern boundary of the site.
Parks and Recreation - This development is responsible for cash park and trail dedications due at
the time of building permit at the rates then in effect. The 2005 rates are $4,532.00 per acre for
parks and $1,137.00 per acre for trails.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Planned Development Amendment and Final
Planned Development to change the approved use from hotel to office upon 1.8 acres of land
located north of Buffet Way at Pilot Knob Road. The acceptability of this development is a
policy matter to be determined by City officials.
The proposed office use appears compatible with surrounding development. The site is within
Airport Noise Zone 2, within which office uses are considered provisional. Consequently, the
building will have to meet the interior noise reduction standard to 50 dBA. The proposed
building is a two-story flat roof design and is intended to be a condominium for multiple
occupants. The developer is proposing an entrance feature that consists of both decorative iron
fence, precast support columns, landscaping and a 24' obelisk. The building materials are a
departure from the existing office uses within this office park and from the buildings across Pilot
Knob Road which are primarily brick and glass. This building utilizes EIFS, glass and cultured
stone.
g?
Planning Report - Eagan Woods Office Condos
June 28, 2005
Paae 7
The applicant is also proposing multiple building signs that will introduce that feature to the area.
Staff suggests the Advisory Planning Commission and City Council consider the office building
signage be limited to a building name rather than allow individual businesses to each have a
building sign.
The development appears to meet most typical zoning code standards. Exceptions are the setback
from the right-of-way to the north that has not been vacated, and the site is short two parking stalls.
Most of the technical design elements are satisfactory. Also, relocation of the driveway access will
be necessary. The developer is asked to review the site lighting and landscape plans to respond to
concerns regarding conflicts with the landscaping and lighting, and the lack of evergreen landscape
materials.
The applicant has simultaneously applied for approval of the Planned Development Amendment
and a Final Planned Development. Therefore, approval of the Planned Development
Amendment constitutes approval of a Final Planned Development, which will be incorporated
into a forthcoming PD Agreement.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment and Final Planned
Development to change the approved land use from hotel to office upon 1.8 acres legally
described as Outlot B, Eagan Woods Office Park 2a Addition. If approved the following
conditions shall apply:
1. The applicant and/or developer shall enter into a Final Planned Development Agreement
with the City. The Final Planned Development Agreement shall be recorded against the
property at the Dakota County Recorder's office prior to issuance of a building permit.
2. The following exhibits are required for the Final Planned Development Agreement:
? Final Site Plan
? Final Building Elevations/Signage Plan
? Final Landscape Plan
? Final Site Lighting Plan
3. The site shall be developed in accordance with the above referenced final plans.
4. The property shall be platted.
5. The developer shall provide evidence of interior noise reduction to 50 dBA at the time of
building permit application.
6. The landscape architect shall review the landscape plan and determine areas where
evergreen materials for year around color can be incorporated.
88'
Planning Report - Eagan Woods Office Condos
June 28, 2005
Page 8
7. The landscape architect and lighting consultant shall review the plans to make sure that
the lighting and island landscaping are compatible.
8. All signage shall comply with City Code requirements.
9. Building signage shall be limited to the business identification name only, and only one
sign shall be permitted for each occupant. All building signage shall be uniform in
design, size, font and color, and be backlit or otherwise externally lit. Can signs and
internally lit signs shall be prohibited.
10. Signage on the obelisk shall be prohibited. Signage on the panel beneath the obelisk shall
be restricted to address numbers only.
11. Public street access to the development shall be restricted to Eagan Woods Drive only.
12. This development is responsible for cash parks and trails dedications due at the time of
building permit application at the rates then in effect.
?9
FINANCIAL OBLIGATION-Final Plat- Manley Land Development
Based upon the study of the financial obligations collected in the past and the uses proposed for the property,
the following charges will be collected. 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 collected using the rates in
effect at time of building permit issuance.
IMPROVEMENT
Storm Sewer Trunk
Water Trunk
Water Availability Charge
Storm Sewer Lateral
USE RATE
C./I. $.1545/Sq. Ft.
C./I. 2,350/Ac.
C./I. 3,705/Ac.
C.A. 30.30/F.F.
QUANTITY AMOUNT
32,844 Sq. Ft. $5,074
.75 Ac 1,762
.75 Ac 2,779
259.87F.F 7,874
TOTAL
$17,489
90
Eagan Boundary
Parcel
Areay
Location Map Park Area
Building Footprint
Development/Developer.
Application:
Case No.:
Eagan Woods Office Condos
PD Amendment & Final PD
04-PA-03-05-05 & OAFD-09-0
M
6
Map Prepared usi ERSI7VC)lew f.1. Par 1 base map data provided N
by Dakota Co ty Office Cl nd is rmnt as of April 2005.
City of Cajall THIS MAP INTEN OR REFERENCE USE ONLY R' E
Community D
evelopment Department The City of Eagan and Dakota Coun not guarantee the accuracy of this information and are
not responsible for errors or omissions. s
1000 0 1000 2000 Feet
Current Zoning and Comprehensive Guide Plan
Land Use Map Eagan Woods Office Condos
PD Amendment & Final PD
Case Nos. 04-PA-03-05-05 & 04-FD-09-05-05
Zoning Map
INTCRETAIE 11YFY. N0. 4.4
Location
Current Zoning: ?•
PD
PD
Planned Development PD
L
t' P
PD
T
NB PD
R-1
goo o Goo 1200 F.n P R-1
N 1
?? i(
Comprehensive Guide Plan
Land Use Map
i! NWT. 60.494
Location
O/S
Current Land Use Designation:
P P /S up
O/
S O/S ° SP
Office Service
OIS
BP
oo 0 Gog 1240 F..1 ®
D
LD D
P D
er? ??
Parch base map "fa-0 p Is
abofa Cou.ty LLaze Survey D.partmeM Juna 2003. N
2 I n k to C mointained Cad SLR.
City of Eagan W E
THIS MA IS INTENDED FOR REFERENCE USE ONLY
Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S
V
9 Y
1
l? ON ,'H •S'?
j avo j 80N?1 i1031d
J
I
011
I ? ------
ge I / Q
U I
_
cl..
L Z
? O ?
I
Ir
d LL-
O p I ?-.
7;' 14 Z O
w
? ,I
I 1
l I.
al --1--=--
J --_-----_
/, _ / I
f \
W
LL
LL-
I
w dd
?_'"? :aet a # 3M 1a SCQOM NVOV3
-7t 7
93
I)
3
it
W
Oil
wa I;F
EXISTING CONDITIONS
2
a
y
? L t
O u 6 < °Sa U .
a.
m
iai
a
a
a +d
8
p
yS
5
9G9
?
g a?
a o
Y
_ c
a
a
s
e
?d Rid
L 'ON 'Hb'S'0
CIVMJ 90N>1 lOuld
a
E-+
\ m
?-
! I
I
;? oW.;- I
W
i II ®_ o I i I i ??? i I
3AI2JG Sa00M NVOV3
I? y
SITE PLAN
' ? CwN
wa
EW
z
8
r 3
0
-
?
LL-
D
m i
--j
c
O
A
P.
t`o t I r
•;? 7a
a S 9
9:C €t ] f ; i EsK
#!ff' Iii ! ( p
i i 4' b tlf?? #u ?i } W s
'$ =f3s{`?' F$i fI d
2 = aww WI= I
i s sOrc a&u ii?slii sa tltt" F d ?
U
s & 4
a $? g_
p
is 'ON==.•H'V°S'0 _
ab02i 80NN -l01id ; • _'!?:..?.__ ?a
v ¢ vim- c
-1- - L`- ?'I
t
i O _. ?L.? 1 -7- al rl ?y-1 ?'?? c {,1aJ
o"zol I -_ L??? `Ij
7 %? (I 'r •'- 711
i
-/? ,1
o n
j T
l' 'f - II I t I.. ,
- I T 3A180 SQOOM NdJb 3?
Z 1A
U O I 4c• A -. I; gyy¢ 7t7-
04
W a g?g -i it
m oe ;:• 7n
¢gg 2e
g3 q a?¢$
V?j z i E 9 Q i I! e tl ?Y
r pi lilt 111 M (11: x 3!
YI p p
let A?' Fiq y r 9 3
S ,. t?9f WE?f f BPf Lg ?Y[fEY"e $ 5 !; ? ? Y 3. ?? ? S
e??eV l lI If l ? @_e ! I
bit! a? wKBy ? _
? o?®I ill I ? - ? C F$ ~ i
is ? a: LL ? f $
l?;ll I•- ? S ? €
PRELIM. GRADING PLAN I it
5
5
l2 ON -H-?'S_O o°<m-v?.I -
(]VON 80NN-LO1ld
z
N
X
Q
U
z
z
z
0
U
rt
=v < v v
aaa 1 +?,
01
A
of I ?_g?f _ +Im a% ?!? 1
10,
F=j
" s ? c..n I I I I ? #? f?f
]AINa Sa00M Nb0d3 ?= a
?.-cf - ? I'.II
9g a$ i 44aas5
:a2?qqopqqqq??"a a pp?? I}
a RIm?$ Y k Ft??????L <<`k<C <ip Ck<<KKk?? ° i i C- f
"YN Y?tg
Fug W3. a K x?xx>ixxaxxxt?xxxaxa 1?
bf
K ; $z a 9 ? ?e WEYew ? e? e a ez z9?9 € 3
v vv ' W . 7: c C zs s; d: ? o
g ?_III?III I?1 !, 1111111
$ ?1 I I e••• 1 1 1
I-I Ivl '•DI??Od•d7. ii®d?F?l 9e I•o'?°°OFO}?•®??,? I I
$7% I 111 n
01 Iao al I a 8n__ ¢? I ??
`?l? PRELIM. UTILITY PLAN ?'
60
!i p
q { g3g ? {F . e.. . 3 t
¢ = Y rc Ey .... 2 r} 1
3c. .? s 1l11i!
lkR?e .i rp r
? e CG? ? u 66. ..Q?pp g{ ? { ; 8
i 'A{ F AAS {a
EY rc
J E
a all
EII 11 1r
e!( P
v-S v v
rth'x,- 4
II?
X
' ! E
e -
1
Iw
u = i is ; _ = ti •E
i { tl El ( ?{ {;! SEi it
p ; =
it 2 %M.
0
Z
? !1
F
S
vs
ii Ss Sit
e E #$ I I
a
d
T
z
.
J
N
H
m 0 91 6, 11 ,1 0, r
•
i
z
N l
E! 9 P; €
8
3Z
Il
r ?Ii
e tlI;
?ls+
f„1
IRi
I Mai
a 7
a ?{
.3!
ail;
EE PRESERVATION/LANDSCAPE PLAN I II
5 3 V E Z 7
8 2
o
o yo 2 u `®
u
11
i 2p_.'4.I is
L {F`Eil
F ]fa i' t
r? F
i i i g i 3;?!E 2E?
t t EE?
A Z 4,i rt
I ,? E •jE ? I
o a .a a a s
r , a .. . :.., . a .2 . .. . a a
a a r .. P
.2 Z
- - - -------------------------
9s'
9
.-t
W
W
C.3
W
Cr
u
?+ R
PRELIM. SITE LIGHTING
? < O
Z
SE0
9
??
?
S
'®
o uSOV 4 Y d
E u
s
9t
si
ELEVATIONS
z O
M
?¦
? ? § Q ?
c?S+ I
i m Fy°
?o
C
c;
a o o a
- c c
a a
\
c
U
/ m
ril
cc
O=v
E
C
E
0
O 0
vw
H w
O ?
d N
c u
'-i
W w
ENTRANCE FEATURE
,rs
g
C
Z
D
W
avOu 80N)1 LOlld
9
0
ow
a
5
°
will
0
c
0
U c,
O
y o
y o
C v N
/OmZ
a
M/a\NLEY
Land Development, Inc.
21 13 Cliff Drive
Eagan, MN 55122
Phone 651.454.4933
Fax 651.454.9371
www.manleybrothers.com
May 11, 2005
Pam Dudziak, City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Planned Development Amendment and Final Planned Development narrative for Eagan Woods
Development Site.
Dear Pam,
Manley Land Development is making combined applications for a Planned Development Amendment,
Final Planned Development, and Final Plat for a vacant parcel of land identified as Outlot B, located
adjacent to Pilot Knob Road and Buffet Way. Several years ago, Buffet Corporate developed the site, and
had a master plan approved for both a restaurant on the south parcel, and a hotel on the north parcel
facing Pilot Knob Road. Unfortunately these uses never materialized and as such the parcels are currently
empty. Manley is interested in developing an approximate 24,000 square foot two-story Class A Office
Building with underground parking on the north parcel, and requests the Planned Development
Agreement be changed to allow for office use. After City approvals it is Manley's intent to condo out the
office space thru a CIC Plat.
The surrounding land uses consist of corporate office buildings, with Buffet Corporate directly to the west
of these parcels, one single-family home, town-offices and a craft store to the south. Northwestern
Financial is across the street to the east, and a hotel exists to the northeast. The current Zoning is
Office/Service and the Comp Plan is forecast as Planned Development. The office use we're proposing
would be consistent and compatible with the zoning district and surrounding land uses.
The Planned Development Amendment would allow for a complementary and creatively designed two-
story Southwestern style architecture Class A office building. The building will feature attractive
building materials such as brick, stone, glass, EIFS, canopies, all designed to create visual interest and
enhanced curb appeal. We are proposing to locate the building on the north side of the parcel to take
advantage of the woods and existing topography, allowing us to minimize the grading and to provide a
driveway to the underground parking. This development will also provide an economic benefit with
additional tax capacity and further emphasize the corporate presence along Pilot Knob Road.
The Planned Development Amendment will have no measurable impact on City services, as infrastructure
is in place, and services are available to the parcel. The amendment will allow for this parcel to realize
its full potential other than vacant land with `for sale' signage. Our plan is to make application for
building permits after our Planned Development Amendment is approved. We would hope to start
construction this year and be complete by spring of 2006.
RECEIVED MAY 1 87n(;
/413
13
M „ NLEY
Land Development, Inc.
21 13 Cliff Drive
Eagan, MN 55122
Phone 651.454.4933
Fax 651.454.937I
www.manleybrothers.com
We ask that you review our submittal and look forward to your response. I can be reached at (651) 209-
7745 or my mobile @ (651) 587-9354.
Sincerely,
G u
Tim Johnson
Land Planner
Enclosures
cc: Kurt Manley
/ O J ? / - RECEIVED MAY 1 g app,
14
Agenda Information Memo
July 5, 2005, Eagan City Council Meeting
C. WAIVER OF SUBDIVISION - JAMES CARLSON AND ROBERT KOENKE
ACTION TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Waiver of Subdivision requirements to shift
the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 1247 and 1245
Carlson Lake Lane, in the NE I/4 of Section 27, subject to the conditions in the staff report.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
? The lot line between Lots 5 and 6 is only 1.9 feet from the attached garage on Lot 5.
? The two property owners want to rectify this nonconforming setback by adjusting the lot
line between the two lots
? The proposed adjustment would shift the common lot line 3.10 feet to the east (into Lot
6) to create the required five foot setback between the garage on Lot 5 and the side
property line.
? The strip of land affected is 595.5 sq. ft.
? Both Lots 5 and 6 will continue to exceed the minimum 12,000 sq. ft. lot size.
? The house on Lot 6 will continue to meet required setbacks.
ISSUES: None
60 DAY AGENCY ACTION DEADLINE: August 8, 2005
ATTACHMENTS (1):
Staff report, pages/through /1/
/og
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: June 30, 2005
APPLICANT: James Carlson
Robert Koenke
CASE: 27-WA-01-06-05
HEARING DATE: July 5, 2005
PROPERTY OWNER: James & Gayle Carlson
Robert Koenke
REQUEST: Waiver of Subdivision
LOCATION: 1247 & 1245 Carlson Lake Lane
PREPARED BY: Pamela Dudziak
COMPREHENSIVE PLAN: LD, Low Density Residential
ZONING: R-l, Single Family Residential
SUMMARY OF REQUEST
The Carlson's and Mr. Koenke are requesting a Waiver of Subdivision requirements to shift the
common property line between their two lots at 1247 and 1245 Carlson Lake Lane, legally
described as Lots 5 and 6, Block 1, Wilderness Park Addition, located in the NE 1/4 of Section 27.
AUTHORITY FOR REVIEW
City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the
provisions of the Subdivision Regulations where compliance will involve an unnecessary
hardship, where failure to comply does not interfere with the purpose of the Subdivision
Regulations, or where an improved plat can be achieved by deviation from certain provisions of
the Subdivision Regulations. Section 13.40, Subd. 4 further states that the Council may impose
conditions and safeguards in the variances or waivers so granted.
BACKGROUND/HISTORY
Wilderness Park Addition was platted in 1974. The house on Lot 5 was constructed first and
according to the applicant, it was placed "based on preliminary stakes denoting the property line
between Lots 5 and 6." The home on Lot 6 was constructed three years later, and it was
discovered that the lot line was closer to the garage on Lot 5 than intended, resulting in a non-
conforming setback for Lot 5. Only a two-foot setback exists between the property line and
attached garage on Lot 5.
/06
Planning Report - Carlson/Koenke
July 5, 2005
Page 2
Both owners have been aware of the situation, but as it did not present any problems for them,
they agreed "to address a correction some time in the future." The home on Lot 6 is being sold,
and the owners now wish to resolve the situation.
EXISTING CONDITIONS
Both Lots 5 and 6 contain single-family homes with
attached garages. The common property line is only two
feet from the garage on Lot 5, and 21.5 feet from the
house on Lot 6.
EVALUATION OF REQUEST
The current owners of the two lots have agreed to an adjustment in the common lot line to correct
the nonconforming setback on Lot 5. The two owners are proposing to shift the common
property line 3.10 feet to the east. The strip of land affected by this adjustment is 595.5 sq. ft.
The resulting lot sizes will be 19,144 sq. ft. for Lot 5, and 16,697 sq. ft. for Lot 6. Lot 6 will
continue to satisfy minimum setback requirements.
There is no new development associated with this proposal and the resulting new parcel
boundaries meet R-1 zoning standards for lot size, dimensions, and setbacks.
SUMMARY/CONCLUSION
The Waiver of Subdivision is proposed to shift the common lot line to the east so as to achieve
the required minimum five foot setback from the garage on Lot 5. Both lots contain existing
homes and this waiver request is not associated with any additional development.
ACTION TO BE CONSIDERED
To recommend approval of a Waiver of Subdivision to shift the common property line between
the two lots at 1247 and 1245 Carlson Lake Lane, legally described as Lots 5 and 6, Block 1,
Wilderness Park Addition, located in the NE 1/4 of Section 27. If approved, the following
conditions should apply:
1. The applicant shall file with the County Auditor a lot combination to combine Lot 5 with the
small portion of Lot 6, Block 1, Wilderness Park Addition, for tax purposes, and proof of the
filing shall be submitted to the City within 60 days following City Council approval of the
Waiver.
/o 9
Planning Report - Carlson/Koenke
July 5, 2005
Page 3
Parcel A (1247 Carlson Lake Lane
Lot 5, Block 1, Wilderness Park Addition, according to the recorded plat thereof, Dakota County,
Minnesota, and the west 3.10 feet of Lot 6, Block 1, Wilderness Park Addition, Dakota County
Minnesota.
Parcel B (1245 Carlson Lake Lane)
Lot 6, Block 1, Wilderness Park Addition, according to the recorded plat thereof, Dakota
County, Minnesota, except the west 3.10 feet.
/a000/
Eagan Boundary
N
g
Location Map Ri
ht- Away
Park Area
Building Footprint
{?.
r • f
. s = ' FT
. .
. -
-
a r f1 A
fi •. TF
t ;.
1
? • ¦
" l
e r
1 ' I
¦ 1 - • i
'
' 1
¦ +? _?- Sub ect
? 1
1 1 a 3 ¦ t ??
? ~ ` r t t f} rye,
M - -
an V:: a
NX 11-s e wake. "M ft war
d am =t i ?? c
•
r i i r
? r • ? • ?w ? a?
n
-
!
r
JIL- 411
t / a rr ? r a¦ a
[
g
x` ly 'iKa `J?
ti
1000 0 1000 2000 Feet
Development/Developer. Carlson/Koenke
Application: Waiver of Subdivision
Case No.: 27-WA-01-06-05
Map Prepared using E ArcView 9.1. Paroe map data provlda.
by Dakota County OIb Trent as of April 2005. N
City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Dw.lopm.nt Department not responsible for errors or omissions.
BOUNDARY SURVEY FOR: _
BD5nd7
JAMES CARLSON D.ELMAR Fk SCtIVVANZ
LAND SURVEYORS, INC.
1247 CARLSON LAKE L1i5s5 SOUTH ROBERT TRAIL ROSEMOUNr. MINNESOTA 55088 661-423-1789.
EAGAN, MN 55123 SURVEYOR'S CERTIFICATE
SCALE: 1 INCH - 30 FEET
O - SET IRON PIPE MONUMENT
• - FOUND IRON PIPE MONUMENT
--94.72 EAST-- _ 68.37 EAST
97.82 65.27
3.10
OWNER: OWNER:
JAMES CARLSON ROBERT J. KOENKE
-0124/7 J #m Y5
LOT 5
LOT 6
0
P_
cLr
c
x
¢C7 NEW PROPERTY Q NEW PROPERTY D
Z CONFIGURATION - (D
Z F CONFIGURATION -
19, 144 SO. FT. ¢ 16.697 SO. FT,
g p
(r)
'?. r 1 m 1D
Rl m
111 Cu
O) vl CO
595.5 SO. FT.= Arta o? ?Y Li%S4?!' £
46.0,
M 16.3
Z Ti
BLOCK 1 BLOCK I
18.6
5.0.-
3.10-
_ J? 6 UTILITY 111.89 EASEMENT o
98.11 DRAINAGE - - j
- 115.00 N85'38'13"E
95.00 NB5'38 13 E
CARLSON LAKE LANE
NEW PROPERTY DESCRIPTIONS:
CARLSON' LOT 5, BLOCK 1, WILDERNESS PARK ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF,
DAKOTA COUNTY MINNESOTA,AND THE WEST 3.10 FEET OF LOT 6, BLOCK 1
WILDERNESS PARK ADDITION.DAKOTA COUNTY MINNESOTA.
KOENKE: LOT 6 BLOCK 1, WILDERNESS PARK ADDITION, DAKOTA COUNTY. MINNESOTA.
EXCEPT THE WEST 3.10 FEET.
DESCRIPTION OF LAND TO BE TRANSFERED:
THE WEST 3.10 FEET OF LOT 6, BLOCK 1, WILDERNESS PARK, ACCORDING TO THE RECORDED PLAT THEE bpP1"Hr ,j?
DAKOTA COUNTY, MINNESOTA. •..'1 S
? •ti
hereby cerlWy that Ude eorve64 IPbRI I P.aPafeb by me DCH AR Z
SWAN I r
or Under my trod bupervtelan and that I am a duly Replalered Land
surveyor under the law. of the Stale of Minnesota. /(J 25- f
Demur H. Solw.nt
Dated °??-
RECEIVED JUN 0 9 1005 MnneeolaUoenee No. 0626 , su
Single Family Waiver of Subdivision
Narrative
This request is to resolve a lot line error made 30 years ago between lots #5 and #6 in
Wilderness Park First Addition. The request is made by and between Robert J. Koenke,
and James A. Carlson, original owners of the lots affected. No other owners or lots are
affected.
The excavation and foundation for the Carlson home on lot #5 was based on preliminary
stakes denoting the property line between lots 5 and 6. A side yard setback on the garage
end was targeted to be 12 feet as noted in the original site drawing. Three years later the
Koenke home was built on lot #6 and it was discovered that the lot line was 10 feet closer
to the Carlson garage than planned leaving only a two-foot setback. Both owners know
and understand the situation, but since there no critical problem, agreed to address a
correction some time in the future.
The Koenke home is about to be sold and the side yard lot line might represent an
encumbrance to the Koenke transaction. Both owners agree it is better to resolve the
issue by moving the lot line to meet the minimum setback of five feet. A certified survey
shows a lot line move of 3.10 feet will eliminate any encumbrance and meet the Carlson
garage setback requirement. The lot line move does not threaten the Koenke home
minimum 15 foot side yard setback.
Robert Koenke along with James Carlson request approval for a Waiver of Subdivision to
establish a 3.10 foot wide parcel to be acquired by Carlson to eliminate any encumbrance
on the either property.
Properties platted in 1974,
Zoning is single family, Homes located on both properties
Koenke PIN 10-84250-060-01 (Lot 6)
Carlson PIN 10-84250-050-01 (Lot 5)
Site survey including new descriptions is enclosed
) RECEIVED JUN 0 0
Agenda Information Memo
July 5, 2005 Eagan City Council Meeting
XI. NEW RUNWAY/AIRPORT UPDATE
ACTIONS TO BE CONSIDERED:
This item is for informational purposes only. No formal action is required.
FACTS:
Open Houses
? The most recent open house was held on Thursday, June 16 at Glacier Hills Elementary School.
Approximately 1,191 households received invitations to the open house, and approximately 50 residents were in
attendance.
The next open house will take place on Thursday, July 14 at 6:30 p.m. at Oak Ridge Elementary School.
Approximately 2,100 invitations have been sent to residents living around Oak Ridge Elementary School.
Baseline Noise RFP
The monitoring for the baseline noise study has been completed.
> Bill Albee, Wyle Laboratories Project Manager, and Clint Morrow, Engineer for Wyle Laboratories, will be in
attendance at the July 19, 2005 City Council meeting to formally present the results of the baseline noise study.
pia
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
JULY 5, 2005
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVE MINUTES
D. OLD BUSINESS
E. - NEW BUSINESS
I . CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to
Enter into Negotiations for the Potential Acquisition of MEI Business
Solutions (Yarbrough) Property, 404OCedar Grove Parkway
2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to
Enter into Negotiations for the Potential Acquisition of AVVR (Lundeen)
Property, 3994 Cedarvale Drive
F. OTHER BUSINESS
G. ADJOURNMENT
113
Agenda Information Memo
Eagan Economic Development Authority Meeting
July 5, 2005
A. CALL TO ORDER
ACTION TO BE CONSIDERED:
To convene a meeting of the Economic Development Authority to run concurrent
with the City Council meeting.
B. ADOPT AGENDA
ACTION TO BE CONSIDERED:
To adopt the agenda as presented or modified.
C. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the June 21, 2005 EDA meeting as presented or modified.
ATTACHMENTS:
• Minutes of the June 21, 2005 EDA meeting on pages .t.+ 5 /11,
//4/
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
June 21, 2005
A meeting of the Eagan Economic Development Authority was held on Tuesday, June
21, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner
Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also
present were Executive Director Hedges, Community Development Director Hohenstein,
City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty.
ADOPT AGENDA
Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the
agenda as presented. Aye:5 Nay:O
APPROVE MINUTES
Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a
resolution approving the minutes of the May 3, 2005 EDA meeting as presented. Aye:5
Nay:0
OLD BUSINESS
CONSIDER REQUEST FOR REVIEW OF RELOCATION BENEFITS AND FOR
AN ADMINISTRATIVE APPEAL HEARING FOR INSTANT TESTING
COMPANY AND ALLIED TEST DRILLING, FORMERLY LOCATED AT 3996
CEDAR GROVE PARKWAY
Community Development Director Hohenstein discussed this item.
Commissioner Tilley moved, Commissioner Fields seconded a motion to deny a request
for review of relocation benefits and also deny Petitioners' request for administrative
appeal hearing as untimely for failure to file the same within 90 days after receipt of the
written notification concerning the amount of relocation benefits. Aye: 5 Nay: 0
NEW BUSINESS
There was no new business.
OTHER BUSINESS
There was no other business.
//s
ADJOURNMENT
Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the
meeting. Aye: 5 Nay: 0
Date
Executive Director
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, (612) 681-4600 (TDD phone: (612) 454-
8535.
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
//b
Agenda Memo
Eagan Economic Development Authority Meeting
July 5, 2005
1. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE
PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF MEI
BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040CEDAR
GROVE PARKWAY
ACTION TO BE CONSIDERED: To authorize negotiations for the possible
acquisition of the MEI Business Solutions (Yarbrough) Property, 4040Cedar Grove
Parkway
FACTS:
• The City has taken steps to bring about the redevelopment of the Cedar Grove
Redevelopment Area, including public improvements, environmental reviews,
comprehensive plan and zoning modifications and the execution of development
agreements that are resulting in the construction of new private development
consistent with the City's plans. At the present time, the City is working with
Lennar Homes developer of the Nicols Ridge Development to facilitate the next
phases of the redevelopment.
• While most property acquisitions in the past have been in anticipation of a
specific redevelopment plan for a portion of the area, the City has also considered
the voluntary acquisition of properties in which there is a willing seller.
• The City has been approached by Wade and Debbie Yarbrough, owners of the
former MEI Business Solutions building at 4040Cedar Grove Parkway
• Staff is requesting authorization from the EDA and City Council to enter into
negotiations with Mr. Lundeen to purchase the property.
ATTACHMENTS:
• Resolutions on pages a /a)?)
//7
CITY OF EAGAN
RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
FOR THE POTENTIAL ACQUISITION OF THE MEI BUSINESS SOLUTIONS
(YARBROUGH) PROPERTY, 4040CEDAR GROVE PARKWAY
BE IT RESOLVED by the Eagan City Council to authorize staff to enter into
negotiations for the potential acquisition, of the MEl Business Solutions (Yarbrough)
Property, 404OCedar Grove Parkway in the Cedar Grove Redevelopment District as a
voluntary sale to the EDA for future redevelopment purposes.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
1, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council in a
regular meeting thereof assembled this 5" day of July, 2005.
Maria Petersen, City Clerk
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
FOR THE POTENTIAL ACQUISITION OF THE MEI BUSINESS SOLUTIONS
(YARBROUGH) PROPERTY, 4040 CEDAR GROVE PARKWAY
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to authorize staff to enter into negotiations for the potential
acquisition of the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove
Parkway in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for
future redevelopment purposes.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development
Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the
foregoing resolution was duly passed and adopted by the Authority in a regular meeting
thereof assembled this 5h day of July, 2005.
Jon Hohenstein, Secretary/Deputy Executive Director
/i9
CITY OF EAGAN
RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
FOR THE POTENTIAL ACQUISITION OF THE AWR (LUNDEEN)
PROPERTY, 3994 CEDARVALE DRIVE
BE IT RESOLVED by the Eagan City Council to authorize staff to enter into
negotiations for the potential acquisition of the AVVR (Lundeen) Property, 3994
Cedarvale Drive in the Cedar Grove Redevelopment District as a voluntary sale to the
EDA for future redevelopment purposes.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council in a
regular meeting thereof assembled this 5th day of July, 2005.
Maria Petersen, City Clerk
/ad
Agenda Memo
Eagan Economic Development Authority Meeting
July 5, 2005
2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH
THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION
OF AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE
ACTION TO BE CONSIDERED: To authorize negotiations for the possible
acquisition of the AVVR (Lundeen) Property, 3994 Cedarvale Drive as a voluntary sale
to the EDA for future redevelopment purposes.
FACTS:
• The City has taken steps to bring about the redevelopment of the Cedar Grove
Redevelopment Area, including public improvements, environmental reviews,
comprehensive plan and zoning modifications and the execution of development
agreements that are resulting in the construction of new private development
consistent with the City's plans. At the present time, the City is working with
Ryland and Schafer Richardson as the master developer of the core
redevelopment area to initiate the next phases of the redevelopment.
• While most property acquisitions in the past have been in anticipation of a
specific redevelopment plan for a portion of the area, the City has also considered
the voluntary acquisition of properties in which there is a willing seller.
• The City has been approached by Michael Lundeedn, owner of the AWR
property at 3994 Cedar Grove Parkway.
• Staff is requesting authorization from the EDA and City Council to enter into
negotiations with Mr. Bunkers to purchase the property.
ATTACHMENTS:
• Resolutions on pages 1 A aI- 1?3
jai
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
FOR THE POTENTIAL ACQUISITION OF THE AVVR (LUNDEEN)
PROPERTY, 3994 CEDARVALE DRIVE
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to authorize staff to enter into negotiations for the potential
acquisition of the AWR (Lundeen) Property, 3994 Cedarvale Drive in the Cedar Grove
Redevelopment District as a voluntary sale to the EDA for future redevelopment
purposes.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
T, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development
Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the
foregoing resolution was duly passed and adopted by the Authority in a regular meeting
thereof assembled this 5n day of July, 2005.
Jon Hohenstein, Secretary/Deputy Executive Director
/ate
CITY OF EAGAN
RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS
FOR THE POTENTIAL ACQUISITION OF THE AVVR (LUNDEEN)
PROPERTY, 3994 CEDARVALE DRIVE
BE IT RESOLVED by the Eagan City Council to authorize staff to enter into
negotiations for the potential acquisition of the AWR (Lundeen) Property, 3994
Cedarvale Drive in the Cedar Grove Redevelopment District as a voluntary sale to the
EDA for future redevelopment purposes.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council in a
regular meeting thereof assembled this 5t' day of July, 2005.
Maria Petersen, City Clerk
Agenda Information Memo
Eagan Economic Development Authority Meeting
July 5, 2005
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED:
To adjourn the Economic Development Authority meeting.
/9I