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04/18/2000 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING APRIL 18, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. RECOGNITIONS & PRESENTATIONS p q A. RECOGNITION, Don Sault P b B. • RECOGNITION, Director of Finance — Certificate of Achievement for Excellence in Financial Reporting V. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS (BLUE) ?VI. CENSUS 2000 UPDATE/COMMUNITY CENTER REFERENDUM UPDATE (BLUE) VII. CONSENT AGENDA (PINK) B A. P(( B. P'? C. pi E. i2dD4 F. $H. G. K. P„s, L. / I{4/M. f p$'C O. PERSONNEL ITEMS CONSIDER ARC recommendation regarding multi -family residential sound insulation RECEIVE petition/order public hearing — easement vacation (Canterbury Forest) CONTRACT 00-08, approve plans/authorize ad for bids (Chapel Hill Baptist Church — Utility Improvements) PROJECT 792, receive feasibility report/authorize plans and specifications/aprove County Signal Agreement (Lexington Ave. & Duckwood Dr. — Traffic Signalization) LEASE AGREEMENT with J.A. Management for an apartment at the Wescott Townhomes RESOLUTION, Arbor Day, May 6, 2000 LICENSE renewals for the year 2000 AMEND City of Eagan Fee Schedule FINAL SUBDMSION for Goetz First Addition, Daniel Goetz FINAL SUBDIVISION for Murphy Farm 3rd Addition, Ray Miller FINAL PLAT and FINAL PLANNED DEVELOPMENT for Gatewoods Addition, Welsh Companies, LLC PROJECT 673R, approve assessment Settlement Agreement (Red Pine Lane — Jim's Equipment Service, Inc.) GRANT, Wescott PROJECT 790, receive petition/authorize feasibility report (Central Park Way — Streets and Utilities) VIII. 6:45 - PUBLIC HEARINGS (SALMON) P y 7 A. VACATE public drainage and utility easement (Gardenwood Ponds 4th Addition — Lot 15, Block 1) 5"/ B. VACATE public drainage and utility easement (Royal Oaks Addition - Lots 17-20, Block 1) and FINAL PLAT for Royal Oaks 2nd Addition, Royal Oaks Realty IX. OLD BUSINESS (ORCHID) P �5A. PROJECT 656R, authorize preliminary engineering/traffic study and feasibility report (Cedarvale Area/Village Plaza - Access Improvements) X. NEW BUSINESS (TAN) f5k. A. RESOLUTION detachment/annexation — Gonyea Development (Orchard Heights Addition) of approximately .46 acres located south of Hwy. 55 on the Eagan, Inver Grove Heights border PRELIMINARY SUBDIVISION — Gene & Brenda Pfeifer (Pfeifer Addition) to divide an existing single family lot into two lots, legally described as Lot 2, Block 2, Oak Pond Hills, located at 4580 Oak Pond Road in the SE Y of Section 26 PRELIMINARY SUBDIVISION — Slumberland, Inc. (Slumberland Addition) of approximately seven acres to create two commercial lots, legally described as Lot 1, Block 1, Eagan Promenade 3rd Addition, located at 1257 Northwood Parkway in the SE V4 of Section 10 XI. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION 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. Updated 4-14-00 —12:50 p.m. A special meeting of the Eagan City Council was held on Tuesday, March 21, 2000 at 5:30 p.m. at the Municipal Center WifflitiiRpmmog Mayor Awada and • Councilmembers Blomquist, CarlsoViiii ' Iii #� a t' nember Bakken was absent on • military leave. Also present were Senior Naar r Ridl irector of Finance VanOverbeke and City Administrator Hedges. Councilmember Masin moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 V;QRS TO BE REARD Mayor Awada asked if there wer• •ariy wt9s i:to be heard; there was no one in the audience to speak under "visitors to beard". MET COUNCIL RE? fit ArIVE/CAROLYN RODRIGUEZ Mayor Awada introduced the City of Eagan's Metropolitan Council Representative, Carolyn Rodriguez, and invited her to share an update on activities currently under review by the Metropolitan Council. Metropolitan Council Representative Rodriguez stated that things were going well with the Met Coi3:; t• * :4#:;L .;City of Eagan's Comprehensive Guide Plan. She further stated that acticii :.i Wi s'ide of the MVTA transit station at the Yankee Doodle and Pilot Knob Road intersept}ion is on schedule. Representative Rodriguez stated that this MVTA transit station site hasstronginmercial and residential density and the final approval should be given at an upo#ing Mediapolitan Council meeting. • Representative Rodriguez also stated that the Met Council is attempting a more integrated approach basis to the review and acceptance of Comprehensive Guide Plans. She stated that the review of development"plans must connect with transportation planning. .She also stated that a major issue that is before a 24 membq •Land Use Planning Committee at the Met Council is an effort for containment of urban spt l which has encouraged greater use of mass transit and encourages the rers:gAr Representative Rodriguez emphasized the need for affordable housing opportunities for employees and seniors and spoke to a grant the ftof Mendota Heights has received fbr a mixed use housing and transit development. Mayor AWada stated that the City has provided several housing opportunities for seniors in the City. Representative Rodriguez stated that housing is necessary for seniors and for.those starting out in their careers, such as teachers and Special City Council Meeting Minutes March 21, 2000 Page 2 ..... .... .....:�:'�:: other similar professions. She statet:t it is becomti #iecessary to link housing with employment opportunities. City Cotili .b., a MIM ii asked if the housing element is okay as presented in the Comprehensive Guide'R is 6/3 esentative Rodriguez stated that the housing plan is acceptable and added that the amount of high density is under review with the City. City Councilmember :EWA line expansion. Representative Rodriguez stated that this is an issue`wiTh'the et t o i 's objective to contain urban sprawl and stated that fee structures might be changgilio refleffihe true cost of new development. Representative, Rodriguez also stated that tll:et Cog# is moving toward an objective to rehabilitate housing units for the piwgiit eiiiiwiNt OA housing stock in the core cities. Mayor Awada stated that the City anions c$i euiimg a property maintenance ordinance that will help preserve the community's housing stock. Councilmember Masin addressed renumbering of gates at the International Airport stating that there could be some confusion for passengers and users at the airport. Representative Rodriguez comme za.tte need for the renumbering. Mayor Awada thanked Metropo i n iiiii ktpresentative Carolyn Rodriguez for her attendance and update and for appe ng at t4.ci •;#council meeting. iditSPIESS There being no further business, the meeting was adjourned at 6:00 p.m. Date City Clerk TLH • MINUTE§ 4 a : tl !G?F E t :a G OF THE ti::::::...Eagan, Minnesa t •;: Manch 21, 200Q., i liF A regular meeting of the Eagan pij.4# d on Tuesday, March 21, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present weYit: i $ a and Councilmembers Masin, Blomquist and Carlson. Councilmember Bakken was absent on military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges stated that t#+i'stommuji Facilities Task Force was holding a public information meeting tonight and a represottative wpytiy. be present later in the Council meeting to provide an *pdate. • Councilmember Carlson movi3;auncilmeiiiiiei t omquist seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 MINV. FE5..;. M.Mk. 100 E.10.4A100.01.174 Mayor Awada requested theJ}pwing change to the fifth sentence in the third paragraph on page five, "Councilmember Masin co' o ;',io�ith Councilmember Blomquist in wanting to ensure that the Council's intent to pay off the bond debt was* ii .rcGQr.;d." She also requested that on page niri c the vole494,:g i :'3siterim Use Permit - Northwest Airlines, be changed as follows, "Aye: 3 Nay: 0 (Q ii t J t nquist abstained)." She further requested that thgirSt sentence in the seventh paragraph be changed as follows, " Councilmember Carlson asked if it would be possible to repeal the assessments to the three property owners and bill the developer for the full amount." Councilmember Carlson moved, Mayor Awada seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 .. • Ron Miller, 3217 Donald Avenue, comm¢fed on t;property maintenance ordinance and requested that commercial properties be includain the orligance also, especially ones that adjoin residential properties. Councilmember Carlson recommerigel that the Council schedule further discussion ori the ordinance at a future work session. Larry Poppler, 3030 Poppler Lane, referred to the request of the Council to reconsider the assessments to the property owners on Poppler Lane at the,. st Council meeting. He noted that Mayor Awada and Councilmember Carlson rejected this request p}iti# he further asked that the City Attorney examine the assessments with regard to reasonable cause tdttxcessiveness. Councilmember Blomquist sigiiikegAlsOggiegikpuce the assessments by one-half to the neighborhood. She added that this neighborhood has been assessed more than any other neighborhood in the City. • Councilmember Blomquist moved, Councilmember Masin seconded a motion to reduce the assessment to the properties on Poppler Lane by one-half. • Councilmember Masin asked who was assessed as a developer. Mayor Awada stated that Larry G. Poppler, Sr. was the developer. Councilmember Masin noted that no other resident has ever been Councilmember Carlson clarified that sliiiiagnot sillitiort the request for reconsideration of the assessment because of the precedent that would' 'get. Sh6ibied that other residents would then seek to have their levied and certified assessments rued. Mayor Awada stated that Mr.i0iad'Mirp:ritithe development agreement with his father. Councilmember Masin said that the Council diffiot use the appropriate procedure in determining the assessment amounts to Poppler Lane. A vote was taken on the motion. Aye: 2 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) The motion failed for lack of a majority. Mr. Poppler stated that the City:: ?itltiey•should review the facts and prepare an opinion as it pertains to equal protection rights regarding't4ti2: • .% . mss of the assessment. • Mayor Awada moved, Councilmert;i r Cark.9ftWaggied a motion to direct the City Attorney to prepare a written response to Mr. Pop.p.IA, YBi Oieis:t;;::W. 4 Nay: 0 puilitikfmENT MAO BUSINESS YOUTH SUMMIT UPDATE City Administrator Hedges provided an overview on this item. Karen Luchka and Brandon 1.1ii2t si?i!¢if t# ►e Council regarding teen smoking and the need for additional teen center space. CounOmember. 1Msin suggested that a teen task force be created and also suggested that the teens could £act wit12:the Community Facilities Task Force. Mayor Awada suggested that models of other te,L;task forty in other cities be reviewed prior to the creation of one. City Administrator Hedges notreIhat staA:>✓puld contact the LMC to obtain various structures of teen task forces. Councilmember Blomquist. noted that the number one response to the community facilities survey was the need for a teen center. She added that she would like to see the formulation of a youth council. Councilmember Blomquist moved, Councilmembeir$t'+lasin seconded a motion to direct staff to prepare information on a teen task fc*ER gig* q ii* the April 11, 2000 special City Council meeting. ......... ..... Councilmember Carlson said that she would like Ii involvement from the beginning and suggested that the teens draft a plan to get other teens invaed. Assistant City Administrator Verbrugge noted that the Eagan Healthy Communities Initiative is sponsoring an intergenerational dialogue on -April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. A vote was taken on the motion. Aye: 4 Nay: 0 EAGAN CITY COUNCIL MEETTING MINUTES; MARCH 21, 2000 PAGE 3 CITY COUNCIL um ATE/NLC CONFE tENCF/HOME SHOW Councilmember Masin con meitt the succgigdie Home Show held at the Eagan Civic Arena and thanked Civic Arena Manager• •i Fi . i+d staff for their hard work. Mayor Awada noted that she and the other three Councilmembers attended the NLC Conference held in Washington, D.C. Councihnember Masin stated that the NLC president's focus is on eliminating racism. She added that the President of the United States spoke to the group on racism. She further added that the City can make st l :kt*S: rd tp; versity. BAND SHELL UPU.4EAGAIitl;TARY CLUB John curlee, representing the Rotary Cliltlz)ntrodup,•9,'f;fellow Rotarians who were present and commented on their intent to partner vt410. '.3'`i .iiip.tbe.Wtruction of a band shell. He read the following motion that was passed by t:Aiaiy C1uliy;.:T+agan Rotary Club shall offer up to $140,000 towards the construction of a band shell on Eagan's C=ent'cal Area Park, including up to $55,000 dollars in cash immediately with the balance coming in the form of cash services and other in-kind contributions as determined by the Club over a period up to five years with the understanding that the Eagan Rotary Club will be assured due and proper recognition for its contribution and have meaningful control over the architectural design of the band shell." i Councilmember Blomquist move C bakp�mber Masin seconded a motion to accept the Eagan Rotary Club donation for the constniMiMiiiiiiififtglell on the proposed Central Park site. Aye: 4 Nay: 0 City Administrator Hedges re:E2ii aced a map identifying previous rates of return as it pertains t� Census information. Councilmember Masin commented on the hiring of Census workers and noted that she attended a Census Update meeting at the NLC Conference. Councilmember Blomquist encouraged residents to return their C3ensus forms. A. Personnel Items Item 1. It was recommended to approve the hiriaigof Thoz*aBohrer as a Community Service Offence. Item 2. It was recommended to approve the hiring of Krist2'i%rster as a Clerical Tech III/Receptionist for Central Services Maintenance. Item 3. It was recommended to approve the hiring of a person or persons to be recommended for hire as a temporary building inspector(s). Item 4. For the Council's information, the name of the persdlfihired as the Clerical Tech II in Finance is Maria Pierce and the name of the perq p.*th 40 gng4idan Assistant for the Cities of Eagan and Burnsville is Jason Deal. Both of thesegts ••i4iii. 0:ai(il tat the March 6, 2000 regular City Coundl meeting. . Item 5. It was recommended to approve the hiring of Chrifi ii"hrens, Brenna Beers, Karen Hendrickson, Travis Hibbard, Angela Knoll, Dan Mills and Jacqueline Scholz as seasonal lifeguards for Cascade Bay. Item 6. It was recommended to approve thefiiring of Ian Wright as a seasonal concessionaire for Cascade Bay. a seasonal guest relations part-time seasonal recreation B. Final Subdivision - (Oakbrooke 4th,;A ttsot*,R,li,e els,pf Minnesota Inc. to create 76 single familyresidential lots on roe locat :iit§ Diffle Road and Deerwood Drive in the property m' �.�:•: .. ..: Y SW 1/4 of Section 21. It was recommended to ap to a Fin:Subdivision creating 76 single family detached dwelling units upon property curren —flatted ag'datlots A and H, Oakbrooke and located north of Diffley Road and east of I -35E in the S,: i of Sect -001. C. Final Subdivision - (Town Centre g tlti :•:•:§:•:•::::::•::::. en j itih) Elder Tones Company, to create two lots on property located north of Town Centre Drive and eYgt of O'Leary Lane in the NE 1/4 of Section 15. It was recommended to approve a Final Subdivision entitled the "Town Centre 100 Eighteenth Addition" located north of Town Centre Drive and east of O'Leary Lane (upon property currently platted as Outlot B, Town Centre 100 Sixteenth Addition) in the NE 1/4 of Section 15. D. Final Plat - (Cedar Cliff Commer $ rk,Fifth Addition) Cedar Cliff Properties, LLC to create a single lot on property currently desc'r21ie ��hit40, Cedar Cliff Commercial Park 3rd Addition and located north of Cliff Road and east of Nicol 'fttiii4O. E 1/4 of Section 30. It was recommended to approve a Final Plat (Cedar Cliff (Cedar CiEiff Comm keiafP95k 5th Addition) to create a single lot on property currently platted as Outlot A, C4ir C1iff.C.9ijcti s a1 Park 3rd Addition and located north of 'Cliff Road and east of Nicols Road in the.$L { if$0.ifii t '3d. E. License renewals for the year 204,::66inmercial fertilizer and tobacco. It was recommended to approve the commercial fertilizer license renewals and the tobacco license renewal for the year 2000. F. Proclamation, proclaiming March•24, 2000 as Burnsville/Eagan Community Television Volunteer Appreciation Day. It was recommended to adopt a proclamation proclaiming March 24, 2000 as Burnsville/Eagan Community Tele*?a,[,i ts6tbx¢jation Day. . ia G. Contract 00-01, authorize preparationd of plsanspec�,,,(Cliff Road Water Treatment Facility - Masonry Restoration). It was recommended ttigthorizeo firm of Bonestroo, Rosene, Anderhk and Associates to provide detailed plans, spedfica*tigis, contiikt and construction management for Contract 00-01 (Cliff Road Wks TreatnWg Facility - Masonry Restoration). H. Receive petition/order public hearing - easement vacation (Gardenwood Ponds 4th Addition). It was recommended to receive the petition to vacate a portion of a public drainage and'utility easement and schedule a public hearing to be held on April 18, 2000. I. Receive petition/order public hearing - easement vaci* h (Royal Oaks). It was recommended to receive the petition to vacate public drainage and utilitydements and schedule a public hearing to be held on April 18, 2000. • i• J. Extension for recording the final plat, Ballantrae 2^d Ac)ciition. It was recommended to approve a 90- day extension for recording the final plat for Ballantrae.�'.',.,Addition for property 1pcated south of Silver Bell Road and east of Beau de Rue Drive in the NW 1/4 o;ction 20. K. Final Plat, Pines Edge 4th Addition, Shamrock Development. It was recommended to approve a Final Plat (Pines Edge 4th Addition) consisting of one lot at White Pine Way and Sycamore Drive in the SE 1/4 of Section 36, and a private driveway agreement. PROJECT 788, TH 3/GARDENS OF EAGAN (UTILITY IMPROVEMENTS) City Administrator Hedges pr ii ii:7dvgyiew on this item. • Before asking staff to present the re fit, May MayOf'Xiggsilp noted that two of the three original petitioners no longer appeared to be in supt oft:e$After asking how many of the affected property owners were present, it was notK:0* •fttierdwners representing the five parcels were present. She then opened the public l ptoggii hyone wishing to speak. Ralph Hanson, 4395 South Robert Trail, stated that he is not supportive of the project as it stands. He provided background information on how the project was initiated. He said that the residents feel the proposed assessment are too high and would like the City to consider sharing in the cost. Discussion occurred regardirik sii' i'tiilsiiiii dkt7xB: goer lots. Development/Design Engineer John Gorder noted that the property is guided t :and ther4 dedicated right-of-way on the property to the north, which could provide for access to ttisgof the pj els. Charles Wachter, 4375 South Robert TraB meted tigivhen the Autumn Ridge Development was developed the residents were informed that a stub corifttttion was available to City utilities. He noted that he has no need to connect to City water and sewer at this time and added that the only way he could afford the assessments would be to subdivide his property. Pat Diffley, 4385 South Robert Trail, stated that in 093 an engineer from the City told them that the residents would have access to City water and sewer bemuse James Development, the developer of Autumn Ridge, would provide it. She added that the acceiic' 'as never provided and said she could not afford the amount of the assessment.:EM:Aka.. l E*: ft1 should be designed and the City should bear some of the cost of the project. .•.. ..... Development/Design Engineer Gorder stated thaaiiote in the file indicated•that the City's' Design Engineer at the' time met with property owners in1401 and there was an agreement to the plan. Martin Diffley, 4385 South Robert Trail, said that he had granted permission to Lyman to run the sewer and water line across his property: He expressed concern about the potential tree loss and access to Highway 3. He noted that he has no need for City sewer and water. There being no one else wishing to speak, Mayor Awada dosed the public hearing. EAGAN CITY COUNCIL MEETING MINUTEST MARCH 21x.200,0, PAGE6 Councilmember Carlson moved,Mayor Awada seconied a motion to deny Project 788 (TH 3, South of Diffley Road/Gardens of Eagaix Jtility Improves). Councilmember Masin suggested tpgi;#ii:gitbnued because she wanted more information. Councilmember Carlson stated tfatiVfioperty owners are not in support of the project as proposed. Councilmember Blomquist said that the project should be denied and staff should research other alternatives in an effort to reduce costs. Councilinember Carlson said that detailed research should not be undertaken at this time since none of the property owners are interested in subdividing their property. Councilm ; sit►:os ggSkei operty owners if they would be in favor of the project if the assessments were riiiii44306'i ie*operty owners indicated that they would be in support if the assessment amount were 10 d. Mayd: wada stated that all of Eagan will eventually develop and added that she was not wj ling to ree4ch this issue now but would do so at the time the property owners want to subdivide. f Mr. Hanson noted that a conne igie 'tyksiMilitit water is necessary to make the properties more saleable. Coundlmember Carlson stated that properties with well and septic systems are saleable because she recently sold a house with both. Councilmember Masin added that she wanted to continue this item because the necessary documentation and calculations are not available. Councilmember Blomquist said'136:11 *iuu. l does not need to continue action on this item but could continue to determine what happerigt:44iiiiity0d.to the lack of connection to City utilities. • A vote was taken on the motion. Ate:3..1 r4:iettii<ncilmember Masin opposed) Mayor Awada moved, counc i1i#i#iii' iomquist seconded a motion to direct staff to research other options for land use alternativeOYid City financing. Mr. Hanson requested that the City consider sharing in the expense and completing the project in such a fashion that does not intrudd'on Martin Diffley's property. Councilmember Masin stater 'J aitd t ...;;Alwt to find out what the property owners had been promised and why the coneetfitoirild&9'stiof tdie avai]able to them. A vote was taken on the motion. Aye: 413ay: 0 t LO, • CLARIFICATION OF SIGNAGE PLAN, EAGAN TRANSIT FACILITY - MVTA City Administrator Hedges provided an overview on this item. Senior. Planner Ridley gave a staff report. Mayor Awada asked why the c1QTk;tgwer des. Ii12i`not been induded in the Planned Development Agreement. Senior Planait'gr £�•� �'�''* a ib * �e Planning Department had inadvertently overlooked its inclusion. Mayor Aw of ltft3•ffiitiiiiei4i0:ivas sent to the City on September 1,1999 from the MVTA's consultant, LSA Design, identifying a nater of items they were willing to incorporate into the design of the site. She further noted tiAthe items were inadvertently not included in the PD Agreement. .. Jim Lasher, LSA Design, stated that the MVTA was informed that they will be receiving funding for this project. Mayor Awada asked the City Attorney if the minutes serve as the official record. City Attorney Sheldon stated that the official record of the City Council is the minutes. He noted that the Final PD has EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 7 ::•:.:::• .;.,;: not been executed and therefore no aglient exists betwee' :g4e City and the MVTA. He added that both parties need to agree to the agreeiYifnt for it to be valid:n' Mayor Awada said that she vote } upporttAi roject because of the benefits to the City of Eagan and felt the transit station would liifsLf:af:9,iiTntown area. She added that the parking at the transit station could be utilized for eventsIE'fi4:Niiiral Area Park. She further added that the transit station should be designed to incorporate character because it will become a major corner in Eagan. She stated that she watched the video tape of a Council meeting from six months ago and it was dear that the dock tower was going to be added to the PD. She further stated that the memo is dear about what -the Council agreed to. She:s .t :tbac3 ;tower and parking arrangements are two crucial elements of this project.• . Councihnember Carlson said that she v40-againstii0 transit station because of the location. She added that the memo dearly outlines discusgat and a : rents that occurred and should be included in the PD Agreement. Mayos hof4fAii ei•ttuat i toundl is on legal ground because there is not a signed PD Agreement. Counc ii Blo'i 8*9fiited that the dock tower and signage had not been discussed by the Council. She added that she ligd been concerned about the height and location of the dock tower. Director of Public Works Colbert noted that it is proposed to be located near a signalized intersection, which would not pose significant sight concerns. Mayor Awada referenced minutes that stated the dock tower matter would be brought back to Council for discussion. Councilmeml3 ; 1auist said that she was opposed to an increase in the dock tower height over what the Council hai • bt;s4greed to. She commented that the language regarding "City of Excellence" should not be•fitclut .1:14809.signage. She suggested using the City's Lone Oak Tree logo. f:• Councilmember Masin stated that.s ripposed to the location and design of the dock tower as proposed by ISA Design ad f;*Kinlends in better than what was previously proposed. Councilmember Blomquist concurred,'•'Cbimncilmember Masin also added that it should not be necessary to have an agreement with the MVTA for the use of the parking structure for community events since the City of Eagan is part of the MVTA. Mayor Awada noted that the conditions were not included in the PD Agreement but should have been. Councilmember Carlson .:g1%. ;S •t'tr: ;al v addressed in the memo. Mayor Awada asked the City Attorney what the conditions were included in the Final PD Agreement. City Attorney Sheldon stated th l;:i! the Cowil feels the conditions should be included, and they are not at this time, then there is no agi.nent bet;KAen the City and the MVTA presently. Councilmember Carlson added that the memo v prepare] y the design consultant and the Council should indude the conditions in the PD Agreemmiit Mayor Awada proposed that the Council work with the MVTA on the design of the clock tower. Mr. Lasher suggested adding it to the stair tower because it would give the corner a dear and identifiable image, it would not restrict vision or require any additional setbacks. Additional discussion occurred regarding the appi giate design and location of the dock tower. Senior Plannet Ridley noted t tiger t':j ji ing commercial signage on the east side of the parking structure. Councilmember Masin stated that thg .council has been trying to restrict signage and billboards along major roads; however, she added thaths request does not appear to be any Worse than other signs that appear along the freeway. Councilm'ber Carlson stated that she was not in • support of this request. Councilmember Masin noted that even with the additional signage they would still be below the allowed signage. • Councilmembers concurred that the proposed signage for the east side of the parking structure at the MVTA transit station was not acceptable. Councilmember Blomquist mo s ;;gv 9gti crIson seconded a motion to incorporate the September 1 1999 memo from LS '• — ement subject to the City of Excellence language being struck and the addition of the Ci(i` .iLone 0 Tree logo into the signage plan. Aye: 4 Nay: 0 Counclnnember Blomquist mav, i,,,f; vnb :3 sin seconded a motion to delete reference to the corner monument dock#itS 1:.: bm:** iE'd'nditions and to approve the dock tower element as part of the stairwell structure as shown on�t8'revised elevation rendering. As a point of clarification, Councilmember Carlson stated that the Council direction is for staff to summarize applicable conditions found in the September 1,1999 memo from LSA Design and incorporate those into the conditions of approval for the PD Agreement. Mr. Lasher commented that tfitp:: gg to work with the City Council on the design of the dock tower feature. • Councilmember Masin expressed h•:tdesirg ta; _Aber vote to approve inclusion of the September 1,1999 memo into the PD Agreefi• r;:: • Councilmember Masinmovec•oiincilmember Blomquist seconded a motion to allow Councilmember Masin to rescind her previous vote. Aye: 2 Nay: 2 (Mayor Awada and Councilmember Carlson opposed) The motion failed for lack of a majority. City Attorney Sheldon was asked to determine the appropriate procedure for rescinding a previous vote. The meeting was recessed at 8:55 p.m.aid reconvened at 9:05 p.m. City Attorney Sheldon reported that a v f 1* i ould bir6..iiscinded by Council consensus. Councilmembers concurred to allow Councilmembi'viiasin to rescind her aye vote. The vote on the following motion was revised to reflect the rescission: Councilmember Blomquist moved, Councilmembe•r•. frlson seconded a motion to incorporate the September 1,1999 memo from LSA Design into the PD;!•eement subject to the City of Excellence language being struck and the addition of the City's Lone Chi Tree logo into the signage plan. Aye: 3 Nay: 1 (Councilmember Masin oppose:; SOLID WASTE ABATB ENT .VOMMISSION City Administrator Hedges provided an overviewitiiithis item. Councilmember Carlson said that she preferred to have the word recycling included in the name of the commission. Councilmember Masin questioned the redundancy of including recycling in the title when it means the same as waste reduction. Mayor Awada noted that the purpose of the name change is to attempt to attract more applicants to the commission. • EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 9 .; Councilmember Blomquist moi ','Counailmember on seconded a motion to approve the name change of the Solid Waste Abateiitieht Commission to ifiiizecycling and Waste Reduction Advisory Commission. Aye: 3 Nay: 1 ouncilmember Ibis► opposed) ECONOMIC DEVELOPMENT CONSOMOMINSIDERATION OF HOTEL STUDY City Administrator Hedges provided an overview on this item. Julie.Stackhouse, EDC Chair, discussed the subcommittee's initial findings and provided background information on a previous .w49d hotel•5.gy: She also talked about the effects that additional hotels will have on occuparytjaliggiiMigkiftggiairection from the City Council regarding what they would like the subcommittee to study;,;:; : ... .ter Councilmember Blomquist moved, May0wada sided a motion to direct the Economic Development Commission to complete a cep} ; it i,.y.. g :of Eagan's hotel industry within the next six months. Further discussion occurred on the specific areas to be studied. Mayor Awada refined the language in the direction identified on page 83 of the Council packet as follows: 1. Examine in depth the gconomic growth in the area to determine if there are new businesses or attractio4!,,proposed that might generate the need for an increase in hotel rooms in the• futiii:•:;: ::::::::::•:.: . 2. Examine the facility and sere needs 8fm.ali !market sectors, and determine what needs are not met. • 3. Make recommendatio0g1it limit the type, timing, or number of new hotels in the community takingiiito account public.safety concerns and the Cedarvale Redevelopment Area. Greg Miller, representing Wispark, expressed concern for the lack of hotels in the Highway 55/149 area. He added that although one area of the City might be overbuilt another area might be under -served. Mayor Awada and CokiggliMlikKgdgiMed that the study should also review lodging needs throughout the City anti:MaiWitiiiIiibiOttiiiiiaiirds for any new hotel development. Ann Carlon, Executive Director of the Cotigiiintion 3>aji Visitors Bureau, stated that the City is still in need of full service hotels. We A vote was taken on the motion. Aye: 4 Nay: 0 •" .14W. CESS REZONING (PRELIMINARY PLANNED DEVELOPIN TT) - GLEN POND APARTMENTS PRELIMINARY SUBDIVISION (Erit#SS 2ND ADDITION) City Administrator Hedges pigiiiiiiiiM~f0his item. Senior Planner Ridley gave a staff report. ..... Dick Krum, architect for the property owner, comiij *i ted on the tree loss and•stated that the trees on site are not significant woodlands that would be iricvfporated into an urban landscape plan. He noted that most of the vegetation on site is volunteer growth. Senior Planner Ridley stated that size, not type, determines whether a tree is classified as significant. He said that the trees on the site are considered significant according to a strict review of the City Code. Mr. Krum said they would like to reduce the amount of mitigation because they feel they Mr. Crumb stated that there is eqikkete land for?!*pational activities and passive areas. He commented on the difficulty in matchingVgigftsAittiftlids to the existing apartments. He added that they will incorporate more brick if theie*Vawaids to do so. Mayor Awada said she supports the APC's position with regard to the exterior materials. Councilmember Carlson stated that the developer should try and match the exterior materials with the existing buildings. Councilmember ftNew buildings will never look exactly like the existing buildings. Senior PlannerIW e*j1of the APC was to make Phase I and. Phase II consistent in appearance. He nil& '• • • • • • • %a with the applicant to resolve the design details. Councilmember Masin questigRe1.1yhtfOikpub14)Wring will be held with regard to Mance Drive and asked if it would be appropriWC:itiKeViCiiiike Moonshine Park a more viable park for this area. Senior Planner Ridley said t1 MariceliEWpublic hearing will follow the approval of the rezoning and subdivision. He noted that the study of Moonshine Park was undertaken by the Parks Department in January and is ongoing at this time. Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Preliminary Subdivision (Effress 2nd Addition) to (;:totg.fpur lots on approximately 24.6 acres located east of Pilot Knob Road between Marice Drive an • in the SW 1/4 of Section 10, subject to the following conditions: • • Standard Conditions 1. The developer shall cq standard conditions of plat approval as adopted by Council on Februakil3i1190: Bl, B2, B3, B4, Cl, C2, C3, C4, D1, and El. Platting •• 2. The property shall be platted. Water Quality 3. This development shall meet itsligiter qualnirequirements through creation of treatment ponding. A minimui0iiit-poncfMlume of 1.25 acre-feet over an area of 0.53 acres should be provided to tree storref.Wfter generated by this development. The specific details of the location and design otete water quality pond shall be according to = • the recommendation of the Advisory Parks Commission. Easements/Rights-of-Way/Permits 4. The developer shall be responsible for the iisition of all regulatory agency permits required by the affected agency prior to fii4lat approval. - 5. The developer shall*4,41131*1:i.. ..:".....ii ay for future Northwood Parkway, as showri on the preliminary • ....... "::::::::ii: ' . 6. The City Council has not yet determined iftublic interest of vacating a portion of Marice Drive and High Site Drive; therefai; a public hearing must be held and the proposed public rights-of-way must be vacated prior to final subdivision approval.. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 21, 2000 PAGE 11 Tree Preservation 7. The applicant shall con ij with the City's.ng Preservation Ordinance requirements and provide tree mitigia o comntie i by the APrC. A final Tree Preservation Plan demonstrating comAkiii* i* .iiiinance requirements shall be required prior to Final Subdivision approval:' : -`;: Parks and Recreation Uses 1. The following uses are alio t witbyu : * Rimed Development. Lot 2, Block 1 Four, i¢A 8ij+' apartment buildings totaling 228 units Lot 1, Block 2 Uses i1131fswed in the Limited Business zoning district 2. The performance standards required for development of Lot 1, Block 2 shall be those that apply to the LB zoning district. 3. The area of Pond CP-NWO:p0:4"40308Efttea toward determining maximum density or lot coverage for Lc LOV:iiiiiitaa;i4aii*Wailat lot develops in the future. Agreement 4. A Final Planned Development Akement 001 be required for each lot prior to construction. The following plans are requif Q for the Final Planned Development Agreement and shall be consistent with the Preliminary Planned Development: Final Site Plan Final Building Elevations Final Landscape Plan Final Signage Plan Final Site Lighgn: ; Platting 5. The property shall be subdivided and repf##ed. Airport Noise Considerations 6. The developer shall ensure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA, as compared with a noise level of 65 DNL. Building Elevations 7. As required by City Coext 3.erior suss shall be treated as a front and have an equally attractive or the s ;: ; i£C i • freatment. As part of the Elevation Plan submittal for Final Planned Leet hifii7itent, the applicant shall modify the proposed architectural design and exterior materials to be consistent with that used on the currently existing Glen Pond apartment buildings. . Landscaping• .: • 8. The landscape plan shall be revi itoinco ifate trees within the yard areas, throughout the parking lot, and t$ establislikPbuffers between the buildings and public rights-of-way, especially alont#jt` uture Is¢ hwood Parkway and I -35E. The revisions to the landscape plan 4.....'s1*showsi. i the combined landscape and tree mitigation plan. 9. The final landscape plan shall note that automatic irrigation will be provided for all landscaped areas as required by the City Code. Additionally, the final landscape plan shall show underlying grading contours and must be prepared and signed by a registered landscape architect or certified nurseryperson. Tree Preservation 10. This development shall cogs Jy witli iii t!itx;s,Tree preservation Ordinance, and provide mitigation as recor4ended ,Avisory Parks Commission. Signage 11. All site signage shall comply with applicable provisions of the City Sign Code. General Performance Standards 12. All trash and recyclal rpg a �1nt,4 1;:lxt contained within the buildings. Outside storage of trash and 44klitaigAiltaaViiigowed. 13. All requirements set forth in SeGlifitil 11.10, Odivision 24 of the City Code shall apply to this Planned Development. • applicaOlhall submit detailed plans at the time of Final Planned Development derifikkstratinigiinpliance with these standards. ..ter 14. All plans and building permits for the design and development of Lot 1, Block 2, shall be presented to the APC and City Council for approval prior to permit issuance and . development. Aye: 4 Nay: 0 ORDINANCE AMENDME ; • ..• - :A;Q #f EAGAN CITY CODE ENTITLED . CONS'#•V3Tf3G, PERMITS City Administrator Hedges provided an overvievi this item. • Councilmember Carlson moved, Councilmember Blomquist seconded a motion to approve an ordinance amendment to Chapter 4, Section 4.01 to reflect legislative changes to the State Statutes. Aye: 4 Nay: 0 LEGI$LUYW1RGOVERN!ENTALAffA1RS AMENDMENT TO MEtigaiiii:.0003*RATIVE AGREEMENT City Administrator Hedges provided anikvrview op•pus item. s. • ::•••••••• •, P • Countilmember Carlson movett • " seconded a motion to approve a resolution amending the MLC Joint anifeitikl'ativg* *Kent. Aye: 4 Nay: 0 DSTRMTEANDA Nit4.4 SPECIAL CITY COUNCIL MEETING TO DISCUSS KOLLOFSKI ADDITION ITCH/WY DISPOSAL APRIL 4,2000 City Administrator Hedges provicteetelk•Vimw on this item. Councilmember Carlson moved, Cicilmem*Olacip seconded a motion to schedule a special City Coundl meeting for April 4,2000 to u4erc8s• • •ishe :k011ofski Addition property disposal. Aye: 4 Nay: 0 ▪ ••:•• • • MJOVRNMN. City Administrator Hedges noted that a request had been made to hold an Executive Session for the purpose of discussing the Michael Vincent vs. City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson; however, the 1e.9234.1w400sp4,the City was unable to attend. The meeting adjourned at 10:10 p.m. to alkiiiiiii0g0i0:1650i$1**n an opportunity to share minimal information about the lawsuit in an attorney/di941-leetitig.'" . • MLK Date City Clerk. If you need these minutes in an alternative forzil such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-464DD phone: (651) 454-8535). The City of Eagan is committed to the poligast.gtor".911! tni..e.jual access to its programs, services, activities, facilities and employment without regarctitiFiA4ii:Kcikrj:05)04**Dn, national origin, sex, disability, age, sexual • • • • • • 000 • orientation, marital status or status with ititai-4.botoolirriSigisidefokNbV M NUTES: ; :Rp.p WyggING OF THE Eagan, MinnesotKiii ... April 4, 2000 •.... A regular meeting of the Eagan :i 3r ouncil wash 'on Tuesday, April 4, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present weliqigiggi.:iggrfgliitid Councilmembers Masin, Blomquist, Carlson and Bakken. Also present were City.Xakiiiiitillitor Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. EN>A ......................... ......................... Mayor Awada said that a requed4tciiti: iic*:li'.p.ijij:;a member of the audience to change the wording of Old Business Item B, from kept-thort fro:ie Community Facility Task Force on the Community Activity Center to Receive the report from the Community Facility Task Force on the Community Activity Center. She said that she Jd xplainlit :io this person that the words accept and receive have the same meaning; howet t13: *.tsli :ligree to change the wording as requested. She further said that Item XIU., Adjouiiiiitiii iitkif the'iieg f ity Council meeting, would occur following the meeting of the Eagan Economic Development Authority. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 PegNVTP OFC .tCH 6 SPEC Ai. ME>~TING Councilmember Masin requested thi7a'gf'sti.the second paragraph on page two be revised as follows, "He said the City also mit have the'abi;lto condemn, even if the need ever never materialized." Additional typographical erre iiii40 orrected as follows: In the first paragraph on page one, "Also present were City Administrator Hedges, City Attorneys Sheldon -and Dougherty, Director of Finance VanOverbeke, Director of Public Works Colbert, Assistant City Administrator Verbrug'ge and Senior Planner Ridley." In the last sentence on page tw :104%. ' ift t Ingraham concluded by discussing the alternatives to plan redevelopment wliicf'r'utiCY ii e•a:Stitiii: 8eclining real estate valuation, remodeling of egg existing business, redevelopment of urned uss;.:pnd that redevelopment needs simply will not go away." Councilmember Carlson moved, Mayor2M-ada seC led a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councilmember Bakken abstained) MINUTES1<3F' AR j,00.6:0 .1 1F. Mayor Awada requested the following changes tograph four on page eight, "Councilmember Blomquist moved, Councilmember Masit*conded a motion to delete the reference to the clock tower as part of the corner mop.m.44 t r.. gage from the PD conditions and to approve the clock tower element as part of the:? ,tCif4wq *.$own on -the revised elevation rendering." She also requested the following paragraph be insigW1 before the eighth paragraph on page eight, "A vote was taken on the motion. Aye: 2 Nay: 2 (Maiji!:. Wada and Councilmember Carlson opposed) The motion failed for lack of a majority." She further requested the following changes to the eighth paragraph on page eight, "Councilmember Masin moved, EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 2 Malin to rescind her previous vote. The motioii�'ailed for lack of a second:" A typographical error was correJ;.4s follows: In the first sentence under Personneliteiitriiipiige three, "It was recommended to approve the hiring of Thomas Bohrer as a Community Service Offe a Officer " Coundlmember Masin noted that Mr. Poppler had asked that additional language be included in the minutes as outlined in an attached,.m81ii4y:41 S.w #tp».Jm. Mayor Awada and Coundlmember Carlson concurred that approval of th AESIOW:Wi tt nued to allow additional time for review of the videotape to compare it with Mr. Popplr'k'que's.. or Awada said that the Council needs to determine if they want to include a transcriptionWspecificgiussion in the minutes. Mayor Awada moved, Councijgimb ?'j;, �, son sQe s ed a motion to continue consideration of the March 21, 2000 City Council minuWrAti i .lipr1;;f$ .2610CCity Council meeting. Recording Secretary Karels stated that the minutes are a synopsis of the discussion that occurs at a meeting and not a verbatim transcript. She did not dispute the comments that Mr. Poppler was asserting he had made; however, she questioned the level of detail the Council wanted in the minutes and if they should the reflect body language exhibited by Coundlmembers as requested by Mr. Poppler. Councilmember Bakken said he would se; tart' of relying on a fully transcripted version of the meeting because there are still elements that wtifaiiii i fiKIX. 4ptured by a written representation of the meeting, such as gestures, body language, etc. He said aat Ci: ler's concern seems to be that comments he made were not included. He suggested revipy ng ifinittitgT9,detennine if his comments were left out. He said that the comments could be include if he djd tRaCttfem otherwise the Council will need to decide if they want to get into the practice o3:ajw3�tgg%itMiivals to read a memo into the minutes. City Administrator Hedges said that t geiiiiiit3iig;Secretary could listen to the audiotape of the meeting to substantiate Mr. Poppler'simended changes. A vote was taken on the motion. Aye: 4 Nay: 0 (Coundlmember Bakken abstained) 'mons TO BEARD Lynne Matty, the 1996/97 Eagiipi;;:td member of the current Eagan Royal Ambassador Selection Committee, spoke to prou.Qke tlie*pro ;am and encouraged participation. DEPARTM ',,�1EAD taINESS RECOGNITION, TELECOMMUNICATIONS COORDINATOR MIKE REARDON City Administrator Hedges provided an overview on this item. Mark Hotchkiss, Burnsville/Eagan Community Te3gvision Access Facility Manager, presented Telecommunications Coordinator Mike Reardon with a sp i contribution award from Burnsville/Eagan Community Television in recognition of lig:work on the franchise renewal and the negotiation of an institutional network;; City Administrator Hedges mentioned that the Ceigts committee would be meeting on April 6. Senior Planner Ridley provided an update on the mail back response rates by Census tracts in Eagan as of April 1. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE3 Assistant City Administrator Niiiiikktgt*:010;thipttraEkii. the population segments that are being targeted with regard to the Intergenerab hal Dialogue schedigI for April 8 from 9:00 a.m. to 2:00 p.m. at Blackhawk Middle School. • A. Personnel Items Item 1. It was recommended to approve the hiring of James Maloney, Elizabeth Luke, Sarah Mesna, Alex Dauphin, Erik Maland, Mackenzie Club, Brad Roe, Erin Miller, Kari Maland, Andrew Eelkema, Ann McGrath, Jennifer Clason, Kristin F" 1 +flr•K.rist Fl* nw .g1 Krista Whitney, Angie Schreier, Alex Porter, Chris Allmaras, Megan Kissel,i�d} 3g{ide Patnode, Alison Wright and Dave . Streefland as seasonal lifeguards for Cascade Bad.;: Item 2. It wad recommended to approve the hir t of Katie# hes and Kevin Micklo as seasonal lifeguard shift leaders for Cascade Bay., •:'• Item 3. It was recommended to approve 'the hiring of'Xiiianda York as a seasonal manager for Cascade Bay. Item 4. It was recommended to approve the hiring of Christian Gage, London Weninger, Mallory Poitras, Jeff Willging, Nicholas Skumatz, Luke Selby and Jill Steinkogler as seasonal services workers for Cascade Bay. • Item 5. It was recommended to approvethe gii## Nelson as a seasonal guest relations manager for Cascade Bay. • • Item 6. It was recommended to approve th i g Meghan Eilers and Michael Mason as seasonal concessionaires for Cascade Item 7. It was recommended to approve the hiring of Julie Beecher, Jim Bredemus, Christopher Buntjer, Deborah Buntjer, Karen Butler, Holly Confer, Meghan Doherty, Kellee 'Cattleman, Christie Mason, Michael Mason, Kacie Nitz, Erin Severson and Tina Wydeven as part-time seasonal concessions workers at Northview. Item 8. It was recommended to apprd:¢e t : k E; ; :y },' iiher Pittelkow and Paul Whisenand as seasonal ballfield attendants. Item 9. It was recommended to approve the hiritgf Mark: EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 4 Item 16. It was recommended to appfcii'�ffi t e foflowiiig Tiiiti ? pent Profile Revisions: Parks Office Supervisor to H Exempt range, Police Mice Supervisor to I tempt range, Central Services Maintenance Office Supervisor to H E t range, Forestrr;$Npervisor to J Exempt range, Shop Supervisor to J Exempt range, Design/Ej{gpment En:to L Exempt range. Item 17. It was recommended to approve cIi'aiftgd-fit• lefor the Design/Development Engineer to Assistant City Engineer. B. Project 764, Cancel Project (Selmark, Harvey, Burrview Acres - Street Overlay). It was recommended to cancel Project 764 (Sej iark4lidition, Hrvey aAddition, and Burrview Acres - Street Improvements). �'•�' C. Receive petition/order public hearing- easeirieitit vacat i v1urphy Farm 2nd Addition). It was recommendedito receive the petition to vacate a;:pOtion of qcgmblic right-of-way and schedule a public hearing to be ;held on May 2, 2000. D. Contract 00-09, authorize plans anti secifications46 •Government Buildings - Re -roofing). It was recommended to authorize Roof Spec, Inc. to prepare detailed plans, specifications and contract documents for Contract 00-09 (Misc. Government Buildings - Re -roofing). E. Vacate public right-of-way, schedule public hearing (Marice Drive - Sherman Ct. to Highsite Drive). It was recommended to schedule a pirilr]$.Liearing to be held on May 2, 2000 to consider the merits of vacating a segment of Marice Drive fro ii:Niiitp.ji.Court to High Site Drive and a portion of.High Site Drive from Marice Drive to I -35E. F. Approve telecommunications leases (Spitt PCS ap4:4s;' `It was. recommended to approve the Telecommunication lease agreements withi?G�i:At A1' T for antenna installations on the Deerwood, Lexington and Yankee Dom' frs'and authorize the Mayor and City Clerk to execute all related documents. G. Request for public hearing, certification of delinquent false alarms - May 2, 2000. It was recommended to schedule a public hearing for May 2, 2000 to consider certification of the delinquent false alarm bills to Dakota County for collection with property taxes. H. Approve a resolution to issue ang :$*• bligation Improvement Bonds, Series 2000A. It was recommended to approve the res94.1116ii to issue and sell $3,425,000 General Obligation Improvement Bonds, Series 2000A. I. Proclamation, proclaiming April 7, 2000 as WRQ Healthy. It was recommended to approve a proclamation,proclaiming April 7, 2000 as World Health D*: J. Request for public hearing, certification of delinquent utilities - May 2, 2000. It was recommended to schedule a public hearing for Tuesday, May 2, 2000 to consider certification of delinquent utilities to the property tax rolls. ifEM K. License renewals for the year 2000, tree contractor. It viiikecommended to approve the tree contractor license renewal for RainbgyttAtm;gq xx .: year 2000. L. Approve consulting contract for City'wi$e'iadinifgQiii'iipgrade. It was recommended to approve the consulting contract with Leonard J. Koehnen & Assoc; fg, Inc. to upgrade the City-wide radio • system. M. Final Subdivision, Oakwood Heights 3rd Addition - Mendota Heights. It was recommended to approve a Final Subdivision to divide the common property for Oakwood Heights Condominiums to establish separate ownership of the property and a separate association for the seven -unit building being constructed north of the two existing buildings. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 5 N. Approve a resolution declaring they's intent to use tl}g oceeds from any sale of the Central Facilities property to retire Eagan Ecort thic Development Alitkority Bonds used to finance the acquisition of the property. It was recOgihended to approy*tbe resolution declaring the City's intent to use the proceeds from any sale of the Ce ithl;fadlities Nitggiy to retire Eagan Economic Development Authority bonds used to finance the acqu q} *Vg:I ierty. O. Amendment to the 2000 Joint Powers Agreement for the Dakota County Drug Task Force. It was recommended to approve an amendment that would allow the City of Savage to participate in the Dakota County Drug Task Force. P. Extension for recording waiver of sg f • :o d 28, Block 1, Great Oaks. It was . recommended to approve an extension for recon# ig t ie W4i r of Subdivision to shift the common lot line between Lots 27 and 28, Great Oaks located iti:the NE 1, iirSection 14. Councilmember Bakken movect,..gAmaiiiittkr...cfgOn seconded a motion to approve the Consent Agenda. • , Susan Widmar, representing Eagan OPEN, stated that a description of vague agenda items should appear on the agenda. Mayor Awada explained that each agenda item is given a brief description and Councilmember Carlson noted that a full Council packet is available for review by the public in the lobby of City Hall. Michael Dean, representing Eagafi',:r>'quested that a complete Council packet be made available at the library or another location titarSsat 85 kIe after City Hall hours. CityAdministrator Hedges noted that the packets are often beirf assemb'1'*ifti'te op Friday afternoon and the library closes at 5:00 p.m. He said arrangements could begJade to itt:* :jWaiicket to the library on Saturday. Councilmember Masin commei0.6iitfi i ignation of Finance Director VanOverbeke. Mayor Awada noted that he will be going to the School District and commented on the great job he has done for the City of Eagan. A vote was taken on the motion to approve the Consent Agenda. Aye: 5 Nay: 0 Councilmember Blomquist mote ,: tc is x ?e1:. rlson seconded a motion to direct staff to $ yaj. provide a complete Council packet atIlij:#i it • Qii Aye: 5 Nay: 0 PROJECT 784R, LOUIS LANE (BEET &: '.� ITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Awada opened the public hearing to anyone Hushing to speak. Joe Christenson, attorney representing the Schaafsr'ited that they would prefer things remain as they are but think this is an acceptsk1;c;:1101,11 *I: Frank Huml, 3415 Highway 55,said he did not.apprgve of the loss of his private driveway, loss of privacy and increased traffic. He further said he was nOrkigtjterested in subdividing.his property. • Councilmember Masin inquired if the City had received any written documentation from Mr. Huml with regard to what would be acceptable to him. Director of Public Works Colbert stated that the City has not received any such documentation. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 6 Maxine Piekarski, 3350 Hight.t*i.V.~0111Atigt proposed location of the force main for the sanitary sewer, about people access Crier property to dbiliiiirvey work and the lack of notification. Mark Hanson, Bonestroo, Rosene, Andrlik & Associates, iriated that the permits have not yet been received for the installation of the forcifigtain in the MnDOX:•right-of-way. Director of Public Works Colbert explained that the lack of notifii:i was in re a ttp the improvements related to a previous project, Oakview Center, constructed privili; tb . y leper. Councilmember Carlson offered an apology to Ms. Piekarski for the lack of nota iti tt::;l3M5iekarski requested a copy of the estimates for the work. There being no one else wishing to speak, Mayor Awada dosed the public hearing. Coundlmember Carlson stater ▪ :ji`: B ft#t't:*?e compensated for the imposition that, the continual maintenance and upkeep of• =tjie htt; i iori wit; .ve on his property. Councilmember Blomquist asked about: ib landows for each parcel of land to be assessed. Director of Public Works Colbert identified :g .;i a lanOiihers and noted that the developer of the Cherrywood Knoll development has a jag i§§ a 5Sfg2iiis, no agreement has been reached with Mr. Huml, Schaaf Construction has agteed to the ass.giignt amount if the right-of-way acquisition is in an amount they deem appropriate and no discussions or negotiations have occurred to date with the property owner of Lot 1 of Burrview Acres. Councilmember Blomquist stated that there is no benefit to Mr. Huml or the Schaafs but there is benefit to the developer of Cherrywog:Kawll. Mayor Awada stated that this was Coundlmember Blomquist's opinion. CouncilmembeF8Wi&toRted that it may be her opinion; however, it may be fact as well since the property owners are•noficcn •.at this time. Mayor Awada.disagreed with Coundlmember Blomquist. Councilmember rfilsosatttt1ia ,she has heard that there have been several phone calls to staff from neighbors 8gpressing40:rs cern with the lack of access. She commented that if the Council does not may ;,t tgfitk iii::41.6*improvement MnDOT funding could be jeopardized. She added that an access:044ie'f'ovided in order to do justice to the neighborhood. Councilmember Masin stated that it was her opinion that neither the Schaafs nor Mr. Huml benefit. She added that she would support the project because it is needed if the provision allowing the Council to acquire easements throughihe quick -take eminent domain process were removed from the motion. She said she would be willing to support the Schaafs' request. She noted that Mr. Huml's property is affected on all sides. She ..fsTqw:p7!ofybak.ftkoutild prefer to acquire the easements through negotiation versus eminentogt; , , . • .. . Councilmember Carlson concurred witlj.,�•.tpuncilin ber Masin with the exception that she did not think the City could give up the provision td;uire easgiihents through eminent domain if necessary. She sated that the fact that the Sc haa{i gkre agree to this proposal indicates that it is negotiable. Mayor Awada noted that eminent domain is usei(as a last resort. Mayor Awada moved, Councilmember Masin seconded a motion to approve Project 784R (Louis Lane - Streets), and authorize the preparation of plans and specifications and the acquisition of easements according to the agreement that was reached with the Schaafs and Coundlmember Carlson's recommendation as distributed to the Council. Aye: 4 N 1 (Councilmember Blomquist opposed) VARIANCE; "}Q{ jti* :; ; IIT ZE PROPERTIES City Administrator Hedges provided an oveiroew bit this item. Senior Planner Ridley gave a staff report. • Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she closed the public hearing. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 7 Councilmember Masin moved, itt2 sji:. 1cseconded a motion to approve a Variance of 20 feet to the required 40-fQi© ; 'iiifc�iiiig setback f•a public right-of-way,. subject to the following conditions: • •. 1. The addition to the buil .mall be cons }d of the same materials and colors to match the existing building::; 2. The building permit plans shall include a landscape plan that is in compliance with the City ordinances for screening and tree replacement, and a site plan that provides inside storage or a screening enclosure for the trash container. 3. The materials and equi i :l a ;C' fx: i :being stored outside shall be removed and either stored inside tliebiiII';ofii'ii discarded. 4.. •s If within one year after approval/,:bp varianmhall not have been completed or utilized, it shall become null and void .0 : petitid br extension has been granted by the Council. Such extensid'fi'$'iet}tfi¢,fiwriting at least 30 days before expiration and shall state facts shewm.i a good faf i:flftempt to complete or utilize the use permitted in the variance. Aye: 5 Nay: 0 Councilmember Masin moved} gmcilmember Bakken seconded a motion to approve a Variance of ten feet to the required 20Qo€it; : setback from a public right-of-way, subject to the following conditions: 1. The parking lot shall be conS4ucted w r4fl•gte curb and gutter. 2. Landscaping to screen.iiAkii3Atdrig area may be installed at the time the parking lot is constructed. 3. The materials and equipment that are currently being stored outside shall be removed and either stored inside the building or properly discarded. 4. If with one year afterpty,�],il3 gp: 43a11 not have been completed or utilized, it shall become null and d i, 0 **t1 if' extension has been granted by the Council. Such extension shall be F cjiie' fei iVivriting at least 30 days before expiration and shall state facts showing a g faith attgipt to complete or utilize the use permitted in the variance. Aye: 5 Nay: 0 .... ......................................... ........................................ .OLD BUS ESS REVIEW WINTER TRAIL MAINTENANCE PROGRAM City Administrator Hedges provided an overview oo-fthis item. Director of Public Works Colbert gave a staff report addressinds.}ce07t3f's recommendations and various citizen requests. ......... ..... Councilmember Bakken moved, Councilmember lOin seconded a motion to•reaffirm the • current Winter Trail Maintenance Plan/Policy and indude;addition of trailway/sidewalk located on the north side of Cliff Road between Nicols Road and Cliff Lake Road. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 8 K:KMIEEEMERECEIVE THE REPORT FRO I tf ACILTTY TASK FORCE ON THE COMMUNITY ACTTVIT'S Mayor Awada provided an oviitiggyv on Items B, (; 4Ffii8 D of Old Business. Clyde Thurston, representing the'd4iiiig iON,fr*c ify Task Force, provided an overview of the Task Force's report to the City Council, which'iiic$ttdty$�components of the central park and community center, costs, future considerations for the site, financing components and public/private partnerships. He thanked the staff and fellow task members for their support. Mayor Awada acknowledged tiv:Wik ;cVAtrho were present in the audience. Councilmember Bakken moved, Counc lji*ber C41,4gin seconded a motion to receive the report from, the Community Facility Task Force on the Comiftilfiity Activity Center. City Councilmembers thanked;it,i vement with the Task Force. Councilmember Masin suggested scheduling tfiis'item to a future work session to allow the Council an opportunity to interact with Task Force members. Councilmember Blomquist stated that the report is lacking alternatives for the Council to consider. A vote was taken on the motign: Aye: 5 Nay: 0 RECEIVE PUBLIC INPU14:#? ¢ 9,, ,p COMMUNITY ACTIVITY CENTER • Karen Luchka and Brandon NguyeOpoke in siup.gt;:ef a teen center. Other comments pertaining to a teen center were that the YM3 t1 Wrp::* :43 s not address the needs of all the teens in Eagan. Support was expressed for movigg.joyrJ iha' een center sooner than the projected date of 2002. Concern was also expressed thapRbitgstiace had not been allocated for teens at the proposed • community center. Councilmember Carlson said that she would like to know what the teens envisioned in regard to a temporary teen center. One of the teen representatives said they would like to present a report at the next City Council meeting. Pat Thomas expressed suppoifforIiaWea: ►.itci:iold community events such as the Fourth of July celebration. She also expressed concern atgtit the din and layout of the site and said she wanted to ensure that the site is appropriately diliigoped tag able to support all the uses. • Judy Stewart, 4106 Blackhawk Road andiitember ofit Task Force, thanked the City Council for acting on the Task Force's recommendation to purchase iii land. She also mentioned that the site is a good place for celebratory events. . Susan Widmar and Michael Dean,'representing Eagan OPEN, stated that their primary focus is on the process and not on specific issues and also spoke in kkyor of open, honest communication. Mr. Dean spoke in support of some type of community center, kii recommended doubling the space for a teen center and tripling the space for a senior center. He saiitthat there should be a comprehensive and open dialogue with the community. 10lidcXi ii;, t; #i , , f it ouncil has spent a significant amount of money with regard to this endeavor; f :Xiiitad9t1ti khe effectiveness of these efforts. He mentioned that he conducted a door-to-door survey in his.mighborhood and only three out of 35 to 50 people knew of the community center proposal. He coma .i d on the quick creation of the Task Force and raised several questions in regard to the formation of Eihrroup. Councilmember Carlson stated that the Council asked for volunteers to serve on the Task Force. Communications Coordinator Joanna Foote rioted that information appeared on cable TV and in the newspapers requesting volunteers. Mayor Awada stated that the Council does not appoint all task forces. She noted that staff was directed to compile a list of specific organizations to be invited to the EAGAN CITY. COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 9 Task Force meeting. She further notediggpiNgigfaittOigkiipted on this list and said that the membership has increased and deaeallover. time. Mr. DeWaid that process would have been acceptable if this had been a grassroots effort. Mayor Awadli f*dicated that it had been a grassroots effort. Mr. Dean commented on how rid ftk •was that the City sent out to all residents and businesses seeking their input on the prOfiiiiiititiiiitthunity center. He stated that the survey was developed and distributed after the elements had already been derided. Mayor Awada stated that the City Council voted unanimously to seek more input from residents to further define what elements they were most interested in. She noted that the Council had derided that the community center would generally consist of certain elements. SkR _adde .tbat.tl?e.C,ity, ;Council did delete the pool and theater elements because they felt it was misle& oq:# tift%G::i lincilmember Carlson stated that the . purpose of the survey was to solicit feedback froAi►e publi>:::Jylayor Awada noted that this was not intended to be a scientific survey. Both Mr. Deaiiftd Ms. Wi nar stated that the public should be given more�infbrmation and notice of the upconyreferend. Mayor Awada asked Councilmembers Masin and Blomquist if the statements pade,.,b ji;;:Wean,tud 7vls. Widmar represented the views of the Eagan OPEN since both CouncilmembK» parfffCouncilmember Masin said their views did represent the views of Eagan OPEN. John Curlee and Tom Wilson, representing the Eagan Rotary Club, stated that they were glad that several people randomly joined the Task Force. Mr. Wilson stated that the senior and teen groups should have the same amount of space. Mr. Curlee commented on the Rotary Club's excitement and commitment to the construction of a b hell. Ted Wachter, 4540 Blackhawk Road;'+5f7it>r :t• .01g.city Council has done the right thing by purchasing this property. He thanked the T*ek Force'iai6ii'ilierand staff for their involvement. He mentioned that the City has done a lot to pr iaide actjvit iii. teens to be involved in. He suggested raising the amount of the bonds to cover thf:ici3Ofa;• •8: • Councilmember Masin asked r Wachter why he did not support the purchase of additional land when he was on the Council. Mr. Wachter stated that he thought it was better to utilize the land by the library. Additionally, he said he was supportive of this endeavor. Mayor Awada asked Councilmember Masin to clarify whenthe Council had taken a vote to purchase additional land for a community center. Mayor Awada noted that the City bid on a piece of property for a similar use; however, they were not the low bidd .:: Agifivit:k#}al.:Ro;Kote had ever been taken to purchase land for a community center. Margo Danner, Task Force member, statMhat all *Task Force members were very competent and all of them know that this type o1:;j4ility haf den needed for a long time. She added that they attempted to retain the important com fi%tbents of eiiee con nunity center and also obtain feedback from`the public. She mentioned that a number of iliarts were made to get notices out to the public regarding this process. Dorothy Peterson, 4337 Sequoia Drive, said that it was a pleasure to serve on the Task Force. She encouraged the Council to move forward with the boncJ,re,,ferendum. Paul Jeska, Task Force member, stated that the Tas1 rce tried everything possible to inform the public about the opportunity to bq;04sJ;sf4teewber and to inform them of Task Force meetings. He said that if any portion : j 1#S>sts#f t p oceeds should be used to retire the bond debt. ... • Betty Bassett, 2101 Wuthering Heights Road, said Wit she thought the Council should have purchased the land and then developed the community center in phases. She expressed concern that the facility will not properly accommodate the growth in Eagan. • Ann Carlon, Executive Director of the Eagan Convention & Visitors Bureau, stated that the community center should be built soon and added that the entire process has been very open. She EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 10 mentioned that the City's Communica :Gt iifY # to ti tiftything possible to inform the public about the opportunity to serve on the flit Force and about *itmeetings. Jeff Gregory, 1322 Deercliff Lai{;; uestioned the WI ability to support this project. He said that the community center is a good ide24 zt he, expreggilif ticern about how it would be funded if the economy were to worsen. He further said:;.troerextended with debt and suggested the City pay for the land first and then proceed iiiiiiiiiiiiiiiiiiiiiiiiiiiiii of a community center. Raleigh Seelig, Task Force member, said that he was proud to have served on the Task Force and said his.main concern is that there be an acceptable site to hold the Fourth of July events. He thanked the Chair of the Task Force, ot; ; 'aS3s foyGRi1,eipl4m and the City Council for their support. CONSIDER A RESOLUTION DETERMI ' 1G TH ):sSIRABILITY OF ISSUING $ GENERAL OBLIGATION COMMUNITY AgIVITY CiE ITER BONDS AND PROVIDING FOR AN ELEN THIQN Councihnember Carlson movjaiitlitglindiiitgAgken seconded a motion to approve a resolution to issue and sell $15,355,000 General Obligation Community Activity Center Bonds and provide for an election thereon June 6, 2000. • Raleigh Seelig stated that it is important for the public to know what they are approving expenditures for. He said that the refergndum-question for the ballot does not explain all the components in detail. • Director of Finance VanOverbeke sljEltiii*Iiiijittat of the wording•of the question is very specific in terms of state statute as to what i* 4llowed aria 4t is not allowed. He stated that this format was approved by the bond counsel aibait»,s:4urt tat many modifications to the wording • would be acceptable. • Mr. Gregory questioned the Ann being taken by the Council. Councilmember Carlson said that the only action being taken by the Council is to provide the public with an opportunity to tell the Council if they would like to proceed with the construction of a community center. Mr. Gregory asked if the question on the ballot would indhde the total level of debt the City has incurred for this project. Mayor Awada noted that the City has no outstanding debt on any other project in the City besides streets and utilities, which are fundedlkilifi.00iiiiiii:WEtilltd that the City has paid cash for everything else that has been built the projects. She further noted that cash was paid for nearly all of this land purchase. Councilmember Masin said that she woiti ike theWportunity to meet with Task Force members to discuss some questions she has abotitpartriersiM. She asked how many organizations were asked to be involved in partnerships. Mr. Thurston se4d that the Task Force made numerous overtures to potential partners; however, they would be considered more operating partners rather than capital partners. Councilmember Masin asked if the need for more meeting space was related to lack of space at the schools or if it was because the schools were beginning to charge for their use. Mr. Thurston said that there are capacity issues and he did not t3knk utilization would be a problem. Councilmember Blomquist said that the motion toapprove the bond referendum and the date were induded together and added tligrogitiaiaiiig90Efurther to explore other alternatives. She suggested separating the motion. She►itit:th�?Ttesra:sirs�>itestion that a bond referendum should be held but rather questioned the timing. City Attorney SheldpA stated that the final question needs to be in the form of one question. Mayor Awada noted that the bond amount that has been determined is the maximum that can be set. She stated that the square footage of the different areas of the community center could be determined later. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 11 Councilmember Blomquist exlil csS t : :kiiittOMune 6 referendum date due to the conflict with a Council meeting and the: dst for setting a splfg election versus taking more tune to educate the public and explore additiolikai. options. Councilrneitiber Masin said that she would still like to meet with the Task Force and addecfMkt the Council sh¢akk strategize over the date of the referendum because 60 days does not piyti, Q enough timlt::: Councilmember Carlson said that slieiltiiiiikAkel• iiiblic wants an opportunity to be heard and added that she does not want to spend any more funds without the public's input. She further said that the process does not end here and added that open houses will follow. Councilmember Blomquist asked about the cost of a special election. Director of Finance VanOverbeke said it would cost between $10,000 and $15,000. Councilmember Bb%.1??§01,4t9iltlAt, s would like to save this money and put it toward the cost of the building. Mayotaiiy RO' ; : business owner in the private sector you do not spend nine months debating, planning aii ii ganiiir g. mething before you take action. She further stated that if someone can not make a deffifon after.liirte months of planning then they should not be in the position of making decisions. She *that the ty Council has spent eight to nine months of work on this and information about the j,rQcegi a;#,iegri s hapublished regularly. She added that it would be ridiculous to delay the electip, Ml ffitifh i gRt s. Councilmember Masin said that the Council's job is to refine the Task Force report and obtain more information. Mayor Awada stated that the Council asked the Task Force to refine the report in January and further directed them to present a recommendation. She added that this issue has been in the hands of the Task Force all along and that this has not been a Council -driven community center. Councilmember Blomquist stated that Task Force was originally created for the purpose of land acquisition and the public is not awari}. :o tk .sjtion occurred shifting the focus from land acquisition to the community center. •• • Councilmember Carlson said that tlii j,rocess.Wi 'o5 ue and the public will be given an opportunity to decide what they want before; f.:� #iiiiiiii t: ands are expended. A vote was taken on the motida;:i ye: • • 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) - Councilmember Carlson suggested discussing the report with the Task Force at an upcoming work session. Mayor Awada stated that this could be scheduled under the Administrative Agenda. Mayor Awada moved, Coun ie B tBfl:. • cjed a motion to relieve the Task Force members from their official duties. Aye: 5 Mayor Awada moved, Councilmember 1 iii in seco>; j d a motion to direct staff to erect a sign on the.Central Park site with information identify the prrty. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Bakken seconded a motion to reschedule the June 6, 2000 City Council meeting to June 5, 2000. Aye: 5 Nay: 0 1`iEV;;1U�vII PLANNED DEVELOPMENT AMENDMENT-'I+fflMPSON REALTY GROUP, INC. :::; City Administrator Hedges pgi# ; #, ilei .this item. Senior Planner Ridley gave a staff report. • Councilmember Bakken moved, Mayor Awada seed a motion to approve a Planned Development Amendment to allow the construction of a 13,416 square foot commercial daycare facility upon 2.9 acres of land located north of Diffley Road between Lexington Avenue and Lexington Way on property currently platted as Lot 4, Block 1, Soderholm Addition in the southwest IA of Section 23 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 12 1. The applicant and/or.fticiWgiegliitifkt#0 • a Final Planned Development Agreement with the CCf, ,,. inor toliuilding *Out issuance. 2. The following exhibits required for the l Planned Development Agreement: Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Lighting Plan . 3. Fences should be green.oi.bA.and of a chain link material. 4. A detached trash enclosure shall; it+ Lowe ;igtxhe northeast corner of the site. The enclosure shall satisfy requirem of the Oji:Code in regard to height and materials. 5. All building, parking/driv,s 10;itg lin. $'ped areas shall be properly maintained. 6. All exterior lighting s1i31I be hooded a[iVitected to deflect light away from adjacent properties and rights-of-way. 7. All rooftop mechanical equipment shall be screened from view of all public rights-of- way and the private street bordering the property on the south. 8. This proposal shall be' b1e.for a cash trail dedication at the time of building permit.• '' 9. ' The proposed parking lot t* he east 9fAtjCp6osed building shall be graded to drain to a catch basin to the south * t; :tl+ei'e;'the stormwater shall enter and be treated in the upper cell and 411:0::**i''cell of the two -celled system. The parking lot shall not be graded or comidG}edio drain directly into the lower cell. 10. A private access easement shall be prepared by the applicant and reviewed and approved by the City.Attorney. Such easement shall be recorded prior to building permit issuance. Councilmember Masin said t :vigt: ig y.1 that the medical facility was not going to be constructed because the Council had previou* ezoiied*Elie property for that purpose. Councilmember Blomquist said that this use do t enhai%Cgc the property. . A vote was ▪ taken on the motion. Aye: A:tiay: 2 (#ipncilmembers Blomquist and Masin opposed) .. f • City Attorney Sheldon said that the PD Amendment to rezone the property requires a four-fifths vote. Councilmember Carlson said that although the o proposal was for a three-story medical facility she thought the daycare facility was more compah . ith the neighborhood. Councilmember Masin stated that the reason for prev ;}itwl pa pimlgs the PD rezoning was that the neighbors did not want the McDonald's and Sui.;t3if@• Councilmember Blomquist stated that this use increases the commercial nature of flus area. • Bob Polk, the project engineer, showed exhibits of: daycare facility. He said that the facility creates a transition between the commercial and residential areas. He added that this will not be an intense use compared to a medical facility. He further added that the daycare facility's appearance -is residential in character. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 13 Councilmember Carlson notedit't iitt p =#$ g;at 6:00 p.m. during the week and is dosed on the weekends. She said thaeigif operation would kd 1u1ch less intrusive than a medical center. Councilmember Masin asked iE;43j; of the neighbo Ore notified about this use. Senior Planner Ridley said that, in addition to t ''tin dev� t•'.',.'�e�nt sign, notification was mailed to property owners within 350 feet and addett. it t,P f4i1�' ycares and banks are viewed favorably by neighbors. He clarified that the City was prev3otitl u .d regarding this development and the issues were with the gas station, the fast food restaurant and the three story medical clinic that exceeded the height of the Neighborhood Business designation. He stated that the daycare facility would provide a transition from Diffley Road and the residents. Kris Schmidt, representing the4j 4:#W, * : 1at the church was pleased with the proposal and that a medical center was not goilWe buil ;. Coundlmember Blomquist said that, inAtcase, nittgkation of 350 feet does not reach all the affected neighbors. Councilmember C IARAt :f i., APIty is compatible with the neighborhood. Councilmember Masin said she would: 3lb2•i rf•w; ;l,',•i,: ghbors who were involved with the original rezoning. ' • The applicant agreed to a continuance. Councilmember Masin moved, Councilmember Blomquist seconded a motion to reconsider the previous motion. Aye: 5 Nay: 0 • Councilmember Carlson moved, Counc ier:aakken seconded a motion to continue the Planned Development Amendment to allow:*e conift'!itti6h W a 13,416 square foot commercial daycare facility upon 2.9 acres of land located northigDifflu.ggnOureen Lexington Avenue and Lexington Way on property currently platted as Lot 4 $q4e holm Addition in the southwest 1/4 of Section 23 to the May 2, 2000 City Council met cg.; iei' e:' S Nay: 0 Councilmember Blomquist asked if staff would notify the same residents who were notified of the previous rezoning. Senior Planner Ridley said that staff would notify them. Mayor Awada said that staff should ask the. residents to respond to the City and indicate their preference of a daycare center or a mdt:aa PLANNED DEVELOPMENT NVENDIV EI. - CENTRES GROUP (REG;tHEAI: • City Administrator Hedges provided artiverview Qai;ihis item. Senior Planner Ridley gave a staff report. Councilmember Blomquistmoved; Councilmember Carlson seconded a motion to approve a Planned Development Amendment to waive the "proof of parking" requirement for the Regal Cinemas located north of Cliff Road and east of Cliff Lake Road on R.9perty currently platted as Lot 4, Block 1, Park Center 6th Addition in the southeast 1/4 of Section 30 sct to the following conditions: 1. The applicant and/o4i#>t9#k:t0; #fto a Final Planned Development Agreement with the G:i}pii16:3ig:mit issuance. 2. The following exhibits are required for th8iflpal Planned Development Agreement: Final Site Plan 3. The applicant shall construct a sidewalk connection between the Rahn Park parking lot and existing theater parking lot. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 4,2000 PAGE 14 4. The Applicant prepare *r. i4view and approve a conservation easement upon the suIjed site's existing prckiif parking area. Aye: 5 Nay: 0 ORDINANCE Amet.elMpRiEiptinr OF EAGAN (NONCONFORMM:tittg *AND STRUCTURES) City Administrator Hedges provided an overview on this item. Councilmember Bakken moveclAW4:*m1ter-140tin seconded a motion to approve an Amendment to the City Code Chapter t, S oti13 $kth 8, Nonconforming uses and structures - and direct the City Attorney to prepare an amenifiAint suita'Nfor publication. Aye: 5 Nay: 0 ORDINANCE AMEJOENT -itarY OF EAGAN .00tAtIMOUVS) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report and stated that an additional requirement that minor subdivisions would also be subject to standard dedication requirements (i.e. park dedication, water quality) should also be induded in the ordinance. Councilmember Bakken mov4igai4#ypi:..4kwada seconded a motion to approve an Amendment to Chapter 13 (Subdivision Regulations)t•Wiftpzgily that would establish a minor subdivision procedure and direct the City Attorney to pxppait 'iiiiig#:linent suitable for publication. Mayor Awada said that most cities 09:Ad.g:faii:hitiiiiif subdivision process. She stated that she did not want to have people request to sand questioned if a $5,000 fee would prevent this from happening. Councilmember Carlson asked for clarification between the standard subdivision procedure and the minor subdivision procedure. Senior Planner Ridley responded that the minor subdivision process will be a one-step process whereas the -standard subdivision process is a two-step process that requires a public hearing at the Planning Corrunis.siqp: HeAdfd that the standard subdivision application requires a more substantial escrow ..gi1g331ans than that proposed for the minor subdivision. Councilmember Carlson expressed concwith laiiiglot subdivisions that may result in parcels not consistent withadjacent properties. She queWitned if 40uld be possible to do more than one minor per parcel. Senior Planner RiaVy stated*it the APC raised this as a concern. Councilmember Bakken suggested that language be incorpOgied into the ordinance to limit the number of times that a minor subdivision could occur on a given piece of property. A vote was taken on the motion. Aye: 5 Nay: 0 tiSttilktVtA*NifiA • Mayor Awada noted that an migsparlygstkig follow the regular City Council meeting to consider police mediation contractkitigifiiigMaiikiSiii4it vs. the City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson lawsuit. MAIL NOTTFICATIONTARING MAP City Administrator Hedges provided an overview on this item. EAGAN CITY 'COUNCIL MEETING MINUTES; APRIL 4, 2000 PAGE 15 Councilmember Bakken moveit:Aiiiiiiii0Milialiffigluist seconded a motion to direct City staff to publish the zoning map and wig the mailed notice uirement for the City-wide zoning map update. Aye: 5: Nay: 0 CITY COtiRta.SCHEI?T4 APRIL -MAY City Administrator Hedges provided i;ier'vie v on several items that would be scheduled for upcoming special City Council meetings. Discussion with the Community Center Task Force regarding the Community Facility Task Force Report and Council meeting procedures were added to the special City Council agenda for April 11. In addition, a special City Council meeting was discussed for April 25 to include the street rehabilitation/ove. g t$ ppj ,Part III CIP (2001-2005, excluding Parks & Recreation Part III) and the location . Councilmember Carlson moved, Mayor Awada secifiitted a motion to approve the City Council schedule for Aril/May and to schedule a spec] gty Coui . neeting for April 11 and April 25 at 5:00 p.m. Aye: 5 Nay: 0 CITY CONTRACT 99-14, EAST HIGHWAY 5506TH FRONTAGE ROAD/LOUIS LANE - STREET & UTILITY IMPROVEMENTS Mayor Awada moved, Councilmember Bakken seconded a motion to approve the plans for Contract 99-14 (East Highway 55 Southfrontage Road & Louis Lane - Street and Utility Improvements) and authorize the advertisement for aifigibming to be held at 10:30 a.m. on Thursday, April 27, 2000. Aye: 5 Nay: 0 • The regular City Council meeting adjourned'at435 p:m. to the Economic Development Authority meeting. The City Council mea w :F.eg i ied'at 11:40 p.m. (Minutes of the EDA meeting are recorded under separate colt The meeting adjourned at 11:40 p.m. to an Executive Session for the purpose of discussing police mediation contracts and the Michael Vincent vs. the City of Eagan, Mayor Awada and Councilmembers Bakken and Carlson lawsuit. Present were Ma or Awada and Councilmembers Masin, Blomquist, Carlson and Bakken, City Administr *'' •Attorney Jim Sheldon, and legal counsel Cliff Greene and Doug Gronli with tI'r agiii;' of Seta• ties Insurance Trust. MLK Date City Oerk If you need these minutes in an alternative form such as large priAtABraille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4601. DD phone: (651) 454-8535). The City of Eagan is committed to the poW ):AiRi:#,e[$ gAdA:l uai access to its programs, services, activities, facilities and employment without regarc fd:W¢;:M'1cgiWia;3 / n, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. • •tai MINUTES:,# A REGULAR MiaNG OF THE EAGAN ECOXQMIC DEVELOPIgts1T AUTHORITY agars, Minne.' A meeting of the Eagan Economic Development Authority was held on Tuesday, April 4, 2000 at 11:35 p.m. at the Eagan Municipal Center. Present were President Awada, Vice President Carlson, -Commissioners Blomquist.W. and Bakken. Also present were Executive Director Tom Hedges, Secretary and Assist it %dt S ci verbeke, Senior Planner Mike Ridley, Director of Public Works Tom Colbert; and .AitdfnW;3pn Sheldon. • APPROVE MINUTES FROM:ME MAR4'�+'1. 6, 2000 EDA MEETING Commissioner Blomquist • :tarlson seconded a motiort'to approve the March 6, 2000 EDA Minutes. Aye: 4 Nay: 0 (�o'nimissioner Bakken abstained) APPROVE A RESOLUTION TO ISSUE AND SELL $2,305,000 DEVELOPMENT DISTRICT REVENUE BONDS, SERIES 2000 Commissioner Bakken and i ;.. ce President Carlson seconded a motion to approve a resolution to issue and sell $2,305,(100 of District Revenue Bonds, Series 2000. • The meeting adjourned at.}l _gip MLK Date Executive Director If you need these minutes in an alternative form q...... as 1arge,print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, 1 t;3a5122, (41 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that:.$ftjersons titMe equal access to its programs, services, activities, facilities and employment without regard to race; ci, creed, religion, national origin, sex, disability, 'age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo April 18, 2000 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. PERSONNEL ITEMS Item 1. Seasonal Lifeguards/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Brian Boufford, Mindy Picka, Trevor Flor, Valerie Breitbarth, Sara Kilby, Ryan Palacio, Stephanie Lawrence, Allison Bulger, Kelsey Campion, Melissa Sportelli and Sara Towle as seasonal lifeguards for Cascade Bay. Item 2. Seasonal Substitute Lifeguard/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Katie Lineer as a seasonal substitute lifeguard for Cascade Bay. Item 3. Seasonal Guest Services Workers/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Amy Renick, Tom Poulos, Amber Stevenson, Heidi Borgwardt, Taylor Arenson, Tim Oberle, Nick Novotny and Eric Warner as seasonal guest services workers for Cascade Bay. Item 4. Seasonal Concessionaire/Cascade Bay -- ACTION TO BE CONSIDERED: To approve the hiring of Sean Fjelstad, Brandon Burger, Matt Casey and Candice Courtright as seasonal concessionaires for Cascade Bay. Item 5. Seasonal Tree Inspector -- ACTION TO BE CONSIDERED: To approve the hiring of Mike Sowers as a seasonal tree inspector. Agenda Information Memo April 18, 2000 Eagan City Council Meeting Item 6. Seasonal Horticultural Specialist -- ACTION TO BE CONSIDERED: To approve the hiring of William Sawyer as a seasonal horticultural specialist. Item 7. Seasonal Park Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Brian Fedde as a seasonal park attendant. Item 8. Part-time Seasonal Park Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Leroy Rother as a part-time seasonal park maintenance worker. Item 9. Part-time Seasonal Concessions Workers -- ACTION TO BE CONSIDERED: To approve the hiring of Kellee Kattleman, Erin Severson and Meghan Doherty as part-time seasonal concessions workers. Item 10. Part-time Seasonal Concessions Workers/Northview-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Beecher, Lucas Behnke, Julie Russomano and Crystal Stevenson as part-time concessions workers at Northview. Item 11. Retirement/Police Officer -- ACTION TO BE CONSIDERED: To approve the retirement of George Kasat, a patrol officer who has served with the Eagan Police Department for 29 years. Item 12. Part-time Receptionist/Police Department -- ACTION TO BE CONSIDERED: To approve the hiring of Carolyn Petruga as a part-time Receptionist for the Police Department. Agenda Information Memo April 18, 2000 Eagan City Council Meeting Item 13. Police Officer -- ACTION TO BE CONSIDERED: To approve the hiring of Hugh Curry as a Police Officer. Item 14. Acting Director of Finance -- ACTION TO BE CONSIDERED: To approve the appointment of Assistant Director of Finance Tom Pepper as Acting Director of Finance effective with the resignation of the current Director of Finance, Gene VanOverbeke. Item 14. Collective Bargaining Agreement/Police-- ACTION TO BE CONSIDERED: To approve the 2000-2001 collective bargaining agreement with the Police Collective Bargaining Unit. FACTS: • Mediation between the collective bargaining unit for the Police Officers and the City of Eagan was held on Thursday, March 23, 2000. r • At the mediation session, a tentative agreement was reached between the two parties. • At an executive session held on Tuesday, April 4, 2000, the City Council tentatively approved the collective bargaining agreement. • The Police Collective Bargaining Unit met on Thursday, April 6, 2000 and unanimously approved :the agreement. • Therefore, it would be appropriate for the City Council to officially approve the collective bargaining agreement at the April 18, 2000 regular meeting. • The main provisions of the agreement are a 3% increase in wages for 2000 and a 3.5% increase for 2001, an additional hour of pay for each shift worked as a field training officer and changes to the retirement and uniform issue language. Agenda Information Memo April 18, 2000 Eagan City Council Meeting B. CONSIDER ARC RECOMMENDATION REGARDING MULTI -FAMILY RESIDENTIAL SOUND INSULATION ACTION TO BE CONSIDERED: To approve the Airport Relations Commission recommendation that individual communities may allocate Metropolitan Airports Commission Part 150 sound insulation funds to insulate multi -family dwellings as long as the multi -family units are not counted when apportioning residential sound insulation funds to each community. FACTS: • The Minneapolis City Council passed a resolution in November 1999 that supported completing the sound insulation of multi -family dwellings in the 2005 DNL 65 before insulating single-family residential units in the 2005 DNL 60. • The Metropolitan Airports Commission (MAC) is currently involved in a Part 150 Update study that will make recommendations for mitigating airport noise impacts. The Part 150 submittal will include recommendations for the types of structures that should be eligible for Part 150 sound insulation funding, as well as a prioritization schedule for the insulation program. The Metropolitan Aircraft Sound Abatement Council (MASAC) will consider a recommendation regarding this issue at the May meeting. • Information presented by MAC indicates that sound insulation of multi -family units is likely to be very expensive with uncertain results. The noise conditions in an apartment building can vary depending on the building construction and an individual unit's floor and location within the building. Another reason that multi -family units have not been included to date is that tenants can or may move with greater ease. In other words, there is more flexibility and mobility in non -owner occupied residential units. • The City of Eagan is not likely to have a concentration of multi -family residential units within the 60 DNL when the final contour is approved. There are several townhouses east of Highway 149 that will be fully within the noise zone and an apartment complex on the extreme southern boundary of the 60 DNL on Lone Oak Road west of I -35E. • The Airport Relations Commission is concerned that a community with a high concentration of multi -family residential structures could skew the apportioning of available funds. For this reason, the ARC supports a community's freedom to choose which populations they provide insulation so long as insulation of multi -family units /1 is provided out of that community's single-family insulation allocation and does not delay the schedule for other communities. ATTACHMENTS: • City of Minneapolis resolution is attached on pages la through /i • Projected noise contour maps with residential units are attached on pages /.-through 04/06/00 THU 08:29 FAX 6127258810 Environment and Noise 11/21 -.1 l +yy6:.i� 3 '�d128�: J ..t M11st-+.KI `.411 qgt RESC ..a CI' Post -it' Fax Note ' 7671 at'5 Ip$ ► To 3 t'e. Uer6ncy ,LFt+om G,. Co./Dept. �O Co. Phone •�// Phon* 0 Fax M It7 '( 4I _ Fax O MINNEAYvL1, Mead, Colvin Roy, Lane, Niland, Johnson, Biemat, Ostrow, Campbell, Chenyhomes Setting forth the City of Minneapolis' comments on the Metropolitan Airports Corrimission's (MAC) preliminary Capital Improvement Program 2000- 2006 001 Whereas, the MetropolJtan Airports Commission has circulated a draft of the preliminary Capital Improvement Program 2000-2006 for comment by affected municipalities as required by Minnesota Statutes 463.621, Subd. 6; and Whereas, the City of Minneapolis is greatly affected by the operations of the Minneapolis -St. Haul International airport; Now Therefore, Be 1t Resolved by The City Council of The City of Minneapolis: That the City of Minneapolis remains concerned that the completion date for homes located within the 1996 55 DNI. noise contour not be delayed further and recommends that budgeted amounts be Adjusted ypward through 2003 as required to maintain a pace of 100 homes per month. Be It Further Resbtved that the City recommends that the budgeted amounts for residential sound insulation be factored to account for inflation. Be It Further Resolved that the City urges MAC to complete the sound Insulation of ail eligible properties within the 65 and greater DNL noise contours before any properties within the 64 to 60 DNL noise contours. Be it Further Resolved tat the City urges MAC to amend the preliminary Capital Improvement Program to reflect completion of the Part 150 sound insulation program In the following order of priority: 1. Complete the sound insulation of eligible single family and duplex homes that fall within the 1996 65 and greater DNL noise contours; 2. Complete the sound Insulation of multi -family residential structures within the 1996 65 DNL and greater noise contours; 3. Complete the sound insulation of eligible single family and duplex homes that fall within the 2005 65 and greater DNL noise contours: 4. Complete the sound insulation of multi -family residential structures within the 2005 65 and greater DNL noise contours; CO -1000 floc s ti• /3 6127256310 => CITY OF ,1EL=6516814612 04/06'00 09:28 v 9 / VVI UV anu uo:ca rM o1LLL01331U tnvironment and Noise 11/310V.24.1999.6: 1:37P1.1.128'ETRQ RaIRF'+:RTS CI:i•iiTY OF ZPLS BUNTS g N. c` 41 00` 5. Complete the sound insulation of eligible single family and duplex homes that fail within the 2005 60 to 64 DNL noise contours; and 6. Complete the sound insulation of multifamily residential structures within the 2005 60 to 64 DNI noise contours. Be .tt Further Resolved that the City commends the MAC for Including funding in the 2000 budget year for the development of the 1igM rall transit line. Light rail transit (LRT) will provide airport patrons and srnployees with additional transportation choices, thereby improving accessibility to and from the airport as well as Increasing the ridership appeal of the, Twin Cities first LRT line. The 370 million contribution, which accounts for dose to 25% of local funding participation towards total LRT project costs. is a significant display of commitment towards improved airport access and is recognized as such by the CO. Be It Further Resolved that the City Clerk of the City of Minneapolis be directed to transmit these comments to MAC by November 2Z. 1999. , Auld MTM 6127256310 .ATTEST CrGerrip > CITY OF EAI 'EL=6516814612 04/061 00 09:28 . VETOED omf rfI. ~ER all ,mv • NOT voTwa - Mort. Van TO oHaTRRI - VOTE TO RATAN ' COMM MOM* —4 AM ray -1"-- NOT venial anew T venni apiemeedea vim ID sumo 1Osave X TWIN, }C Campbell , X 4, X • g � _.. o- ,R ababen X .._ Rea X . 1. Ge '. 4 Lars X en,u,V a�.Ty�w X Ream _ Y Auld MTM 6127256310 .ATTEST CrGerrip > CITY OF EAI 'EL=6516814612 04/061 00 09:28 . VETOED iI w LL sIRle it it GI i rR ilMN mianpanMEIMMIN Mmmms.MissmMMINIMMI -- SN—O 7. - MEI ii �Ir� orazassurzalak S a d iPs°,77 ppi1pp p��pp.11 0 O F A F 0 U a) v m I0 0 -0 N df a q3 O E 4 O ca /6 Parc& Counts City of Eagan Contour [tingle urn "' 557 660 5 73 02 Single and Multi-Family Properties Within 2005 Base Contours 0 0 Total 830 2 E ;, , 001 _ it Z. �o ?fr-■■.tai'> a r Wykr �"' O.,` G •• fa. A airraof ISZ ZZZZE Rte: •�r•.�i 4. r ii ` me r - r v 1 . • }+.y 0= ' I ' A* to %1/^/ ♦� ~' q;i! ` { __ I � -�_ r _ III asp- y ---- �' f it . � • l •ix . :Y • P Il J I, '` ! 1 1 e f 'rill I _ - I _ "..-- , ,...... _,..t..,. ''-' .._. _fes _ — -q ?-, �� `s .., __. .s • �� ��•r=� 1III ;i !.,_ _.-.mac _ I.. -A :cm ..--%4--1 . , ., l•.., .r0. . til - ,I \' ', C. }.mac- 4, •` `.?`��1��� �€ �F- ' L' •\\ rJ rti. 1l li II• • �. '�1`_ om,\.; _ -I /6 Agenda Information Memo April 18, 2000 C. CANTERBURY FOREST (LOT 27, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on May 16, 2000. FACTS: • On March 28, 2000, City staff received a letter from Debbie and Greg Haupt, property owners of 1067 Tiffany Drive, requesting the vacation of a portion of an existing drainage and utility easement within Lot 27, Block 1, Canterbury Forest. • The easement was originally dedicated to the City with the Canterbury Forest development as a typical 5' wide side yard easement for drainage and utility purposes. The easement is not necessary to accommodate any planned or existing utilities or drainage way. • The purpose of the request is to allow Mr. and Mrs. Haupt to construct an addition to their house on Lot 27, Block 1. The configuration of the proposed addition would encroach upon the existing drainage and utility easement. The portion of the easement proposed to be vacated includes 11/2 feet of the 5 feet width. • The request would vacate the portion of the easement needed to construct the new addition. ISSUES: • In addition to the easement vacation, a variance to the 5' setback requirement would also be needed to construct the proposed addition. This easement should not be vacated unless the setback variance has been approved. It is proposed that the variance will be scheduled for Council consideration at the same meeting as this vacation public hearing. ATTACHMENTS: c, • Legal Description, graphic, page / a . • Location Map, pages itglf /7 i 1 LOT WIII 27' Wi i 1 AREA TO BE VACATED � 1 1 1- 32.29 tS.3 28.00 I 1 I z�• w 1 1 1..m ♦ N O1> ce �\ Oa \O ••I30.00Ct:`:28.00 5 )' OVER WANG, L.. ._ moo 1.......... . a GAR M 28.00 1 i5 -�_ _JAI - 23.0 ! N57 4017"W 77.009 8 TIFFANY (9i5.4) Starting at the southeast corner of Lot 27,Block 1, Canterbury Forest, Dakota County, Minnesota, thence northeastly along the southeast line of said lot 27 a distance of 88.00 feet, thence left 90 degrees a distance of 5.00 feet to the point of beginning, thence southwest parallel to the southeost line of said lot 27 a distance of 36.00 feet, thence left 90 degrees a distance of 1.50 feet, thence left 90 degrees parallel to the southeast line of said lot 27 a distance of 36.00 feet to the point of beginning and there terminating. City of Eagan PROPOSED EASEMENT VACATION Lot 27, Block 1, Canterbury Forest DATE 4-7-2000 PUBUC WORKS DEPARTMENT City of Eagan R) EASEMENT VACATION LOCATION MAP LOTS 27 , BLOCK 1 CANTERBURY FOREST April 14, 2000 Agenda Information Memo April 18, 2000 D. CONTRACT 00-08, CHAPEL HILL BAPTIST CHURCH UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans for Contract 00-08 (Chapel Hill Baptist Church — Utility Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 11, 2000. FACTS: • Contract 00-08 provides for the extension of new sanitary sewer and water main improvements to Chapel Hill Baptist Church, 1488 Pilot Knob Road, as outlined and discussed in the feasibility report for Project 787. • On March 6, 2000, the City Council held a Public Hearing for Project 787. After the staff presentation, the property owners adjacent to the proposed improvements presented concerns regarding the estimated assessments included in the feasibility report. The City Council also discussed the limited benefit to the existing property owners due to the City's Comprehensive Land Use Guide Plan designation as Park. The City Council addressed said concerns by directing staff to prepare the appropriate assessment deferrals for consideration at the time of the fmal assessment hearing, and accordingly approved the project and authorized the preparation of detail plans and specifications. • The Staff has revised the proposed assessments to these residential properties reflecting their inability to subdivide and has received a waiver of objection from the Church accepting the resulting increased shift in assessments allowing this project to proceed. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. aO Agenda Information Memo April 18, 2000 E. PROJECT 792, DUCKWOOD DRIVE & LEXINGTON AVENUE TRAFFIC SIGNALIZATION ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 792 (Duckwood Drive and Lexington Avenue — Traffic Signalization), authorize the preparation of detailed final plans and specifications, approve a Traffic Signal Agreement with Dakota County Highway Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Dakota County Highway Department has scheduled the signalization of the Lexington Avenue (County Road 43) and Duckwood Drive intersection, located in north -central Eagan, for the 2000 construction season. • This project is in accordance with the 5 -Year Capital Improvement Programs (2000 — 2004) for the City of Eagan and Dakota County. Traffic signal improvements were also recommended in the Lexington Avenue and Wescott Road Corridor Studies (1999). • In March 2000, a traffic signal justification report was prepared by Dakota County for the intersection and according to the Minnesota Manual on Uniform Traffic Control Devices, warrants 1, 2, 6, 9 and 11 are met and the installation of a traffic signal control is justified. • The signal improvement ranks 4th out of 27 needed highway department signal system installations throughout Dakota County. • A draft feasibility report has been completed consisting of the traffic signal improvements and is being presented to the City Council for their information. • An agreement between the City of Eagan and the Dakota County Highway Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City's financial share of these improvements is 50% of the construction, engineering, and inspection costs (Estimated Total Construction Cost = $135,000). • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo April 18, 2000, Eagan City Council Meeting F. LEASE AGREEMENT WITH J.A. MANAGEMENT FOR AN APARTMENT AT THE WESCOTT TOWNHOMES • ACTION TO BE CONSIDERED: To approve a lease between the City of Eagan and J.A. Management for the police substation at the Wescott Townhomes that would become effective on May 1, 2000. FACTS: • The Eagan City Council has previously approved a Community Development Block Grant (CDBG) for $20,000 to start a police substation at the Wescott Townhomes. • The lease has been reviewed by the City Attorney. • Approving the lease will allow the police department to occupy the apartment located - at 949 Wescott Trail, #202, Eagan, MN, 55123. • The term of the lease is 12 months commencing on May 1, 2000 and terminating on April 30, 2001. ATTACHMENTS: • Lease agreement attached on pages through 0,5— . LEASE AGREEMENT This Lease Agreement ("Lease") is made this day of , 2000, by and between CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "Tenant") and J.A. MANAGEMENT, INC., a Minnesota corporation (hereinafter "Landlord"). WITNESSETH: In consideration for the rents, covenants and agreements contained herein, the Landlord hereby dismisses, leases and lets to Tenant the premises located at 949 Wescott Trail, Eagan, Minnesota 55123 (Unit #202) (the "Premises"). 1. Lease Term. The term of this Lease shall be for a period of twelve (12) months commencing on May 1, 2000 and terminating on April 30, 2001, unless sooner terminated as hereinafter provided. In the event Tenant occupies the Premises beyond the lease term, the Lease will convert to a month-to-month lease at the rates provided herein. 2. Payment Amount. The monthly rent shall be Eight Hundred Eighty and no/100 Dollars ($880.00). Tenant will pay Landlord the full monthly rent before midnight of the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease. Rent will be paid as required by Landlord. 3. Use of Premises. Tenant may use the Premises for any lawful purpose. Landlord acknowledges that Tenant intends to use the Premises for a substation in connection with its Police Department. Tenant intends to install new door lock and security system prior to occupancy. Landlord acknowledges that Tenant may remove these improvements at the end of the Lease Term, provided that Tenant take reasonable steps to restore the Premises to the original existing condition. 4. Utilities Paid by Tenant. Tenant shall be responsible for electrical, telephone, hot water and natural gas charges for heat. 5. Pets. Tenant may not keep animals or pets of any kind in the Premises without the written consent of Landlord. Landlord acknowledges that Tenant may have a police dog periodically at the Premises. 6. Condition of Premises. A. Landlord. 1) That the Premises and all common areas are fit for use as a resident premises; 2) to keep the Premises in reasonable repair and make necessary repairs within a reasonable time after written notice by Tenant except when damage is caused by the intentional or negligent conduct of the Tenant or its guests; 3) to maintain the Premises in compliance with applicable health and safety codes except when a violation of the health and safety codes has been caused by the intentional or negligent conduct of the Tenant or its guests; 4) to keep the common areas clean and in good condition. B. Tenant. 1) Not to damage or misuse the Premises or waste the utilities provided by Landlord or allow its guests to do so; 2) not to paint or wallpaper the Premises, or make any structural changes in the Premises without the prior written consent of Landlord; 3) to keep the Premises clean; 4) to give written notice to Landlord of any necessary repairs to be made; 5) to notify Landlord immediately of any conditions in the Premises that are dangerous to human health or safety, or which may damage the Premises or waste utilities provided by Landlord; 6) that when Tenant moves out, the Premises will be left in good condition, except for ordinary wear and tear; 7) not to remove any fixtures or furnishing supplied by Landlord without the prior written consent of Landlord; 8) to cooperate with Landlord's effort at pest control. This may include, among other things, Tenant's emptying and cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing exterminators to enter and treat the Premises. 8. Security Deposit. Tenant is not required to submit any security deposit to Landlord. 9. Rights of Landlord. A. Default/Forfeiture. Tenant agrees that in the event it defaults in the payment of any rent hereunder or any part thereof, or in making any payments provided for herein, and in the case of any breach of this Agreement by Tenant, this Lease and the term granted hereby shall, at Landlord's option, immediately expire and the Tenant shall quit and surrender the Premises to Landlord. 10. Quiet Enjoyment. Landlord agrees that Tenant, upon paying the rent to perform the covenants hereof, shall and may peaceably and quietly have, hold and enjoy the Premises for the term herein. 11. Liability of Tenant and Landlord. A. Damage or Injury to Tenant or Its Property. Landlord is not responsible for any damage or injury that is done to Tenant or its property, guests or their property that was not caused by Landlord. B. Acts of Third Parties. Landlord is not responsible for the actions, or for any damages, injury or harm caused by third parties (such as other residents, guests, intruders or trespassers) who are not under Landlord's control. 2 C. Tenant Shall Reimburse Management For: 1) Any loss, property damage, or cost of repair or service (including plumbing problems) caused by negligence or improper use by Tenant, its agents, family or guests; 2) any loss or damage caused by doors or windows being left open; and 3) all costs Landlord has because of abandonment of the Premises or other violations of the Lease by Tenant, such as costs for advertising the Premises. D. When Payments Are Due. Any amount owed by Tenant is due when Landlord asks for it. Landlord does not give up its right to any money owed by Tenant because of Landlord's failure or delay in asking for any payment. Landlord can ask for any money owed by Tenant before or after Resident moves out of the Premises. CITY OF EAGAN, a Minnesota municipal corporation By: Patricia E. Awada Its: Mayor By: E. J. VanOverbeke Its: Clerk J.A. MANAGEMENT, INC., a Minnesota corporation By: Its: All rent and other payments due hereunder shall be made to: J.A. Management, Inc. P.O. Box 21322 Eagan,MN55121 3 aS� Agenda Information Memo April 18, 2000 Eagan City Council Meeting G. RESOLUTION, ARBOR DAY — MAY 6, 2000 ACTION TO BE CONSIDERED: To approve the Arbor Day Resolution setting Saturday, May 6 as Arbor Day and May, 2000 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation. Each year the Parks and Recreation Department conducts an Arbor Day Program which includes participation in a tree planting project. This year the 14th annual event will be held at Northview Park. • Eagan has been a Tree City USA community since 1988. • The resolution was recommended for adoption by the Advisory Parks Commission. • Recognition as a Tree City is based on efforts by the City to promote tree planting in the community and the resolution demonstrates that effort. Scheduled Arbor Day activities include: 8:00 — 9:00 Public arrival / social hour. 8:30 — 9:00 Entertainment by Greenwood Tree 9:00 — 9:15 Welcome and sharing of the Arbor Day schedule by city staff 9:15 — 9:45 Entertainment by Greenwood Tree 9:45 - 10:15 Educational activities (Booths and demonstrations) a. Tree Planting Demonstration b. Landscape Design — Retaining Walls c. The Right Tree in the Right Spot 10:30 — 11:00 Educational activities (Booths and demonstrations) a. Tree Pruning Techniques b. Tree Diseases c. Prairie Installation and Management 10:30 — 11:30 Plant installation by volunteers (Entrance sign and scattered trees) 10:45 — 11:15 Entertainment by Greenwood Tree 11:30 — 12:00 Arbor Day program (City Mayor, Park Superintendent, Supervisor of Forestry) 12:00 — 12:30 Lunch served (Outdoor grilled lunch prepared by city staff) 12:00 — 12:30 Entertainment by Green wood Tree ATTACHMENT: • Eagan Arbor Day and Eagan Arbor Month resolution enclosed on page 27 . a6 CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the State of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases and urban expansion have damaged and continue to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of our City's urban forests; and WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, The City of Eagan has been recognized as a Tree City USA community by the National Arbor Day Foundation since 1988 and desires to continue its tree -planting programs; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, May 6, 2000 to be ARBOR DAY and the month of May, 2000 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our community; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 18t day of April, 2000. d7E. J. VanOverbeke, City Clerk Agenda Information Memo April 18, 2000 Eagan City Council Meeting H. LICENSE RENEWALS FOR THE YEAR 2000, COMMERCIAL FERTILIZER AND TOBACCO ACTION TO BE CONSIDERED: To approve the commercial fertilizer license renewal and the tobacco license renewals for the year 2000. FACTS: • The City annually licenses parties doing business in the above -referenced category. This licenses are in order for review and approval by the Council at this time. ATTACHMENTS: • List of renewals attached on page ,P I . aY 2000 TOBACCO LICENSE RENEWALS Speedway Superamerica 4200 E. Highway 13 Eagan, MN Tobacco Joint (formerly Tobacco Etc.) 1960 Cliff Lake Road Eagan, MN 2000 FERTILIZER LICENSE RENEWALS Trugreen-°Chemlawn 14360 Ewing Avenue Burnsville, MN a9 Agenda Information Memo April 18, 2000 Eagan City Council Meeting I. AMEND CITY OF EAGAN FEE SCHEDULE ACTION TO BE CONSIDERED: > Amend the 2000 Fee Schedule to accommodate the new $60 per hour rate for the newly created Assistant City Engineer position. FACTS: ` • With the new Assistant City Engineer title, the job description was revised and it is appropriate for the Fee Schedule to reflect the revised hourly rate charged to developers for work performed by the Assistant City Engineer. ATTACHMENTS: None Agenda Information Memo April 18, 2000 Eagan City Council Meeting J. FINAL SUBDIVISION (GOETZ FIRST ADDITION) DANIEL AND DEBORAH GOETZ ACTION TO BE CONSIDERED: D To approve a Final Subdivision entitled the "Goetz First Addition" located south of Deerwood Drive and east of Denmark Avenue in the southwest 1/4 of Section 22. FACTS: D The Preliminary Subdivision (and associated rezoning) was approved by Council action on February 15, 2000. D In lieu of park and trial dedication fees, .the applicant is donating Outlot A to the City as parkland. D The Development Contract is in order and expected to be executed by April 18, 2000. ATTACHMENTS (2): Final Subdivision drawing, page3a Ken Vraa memorandum dated 4/4/2000, page 33-3‘. 3/ 3c,2 city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: APRIL 4, 2000 SUBJECT: GOETZ PROPERTY ITEM OVERVIEW At the direction of the City Council, the Advisory Parks Commission reviewed a request by Mr. Dan Goetz to acquire 1.2 acres of their property for inclusion into Patrick Eagan Park. At a special Commission meeting on April 3, 2000 the motion to recommend acquisition was defeated 5 to 2. BACKGROUND The proposal to acquire a 1.2 -acre parcel from Mr. Goetz for $25,000 was placed on the regular Commission agenda for March 21, 2000. Mr. Goetz was present at the meeting and following staff presentation and discussion of the issue with Mr. Goetz, Commission Members determined that they would like to visit the site to see the property for themselves. Noting that this item was to return to the City Council on April 4, the Commission set a special meeting for 5:00 p.m. on April 3, 2000. The information provided to APrC members at their March 21 meeting is attached. COMMISSION RECOMMENDATION At the April 3 meeting, the Commission was called to order, and later adjourned to tour the subject parcel Mr. and Mrs. Goetz were present and assisted by leading the members on a walk around the property. Questions regarding boundaries of the parcel, potential trail locations and park property boundaries were answered on site. Following the tour, the Commission returned to the Municipal Center for discussion of the issue. Attached is the draft of the minutes for that portion of the meeting relative to this issue. The Commission defeated a motion to recommend approval of the acquisition by a show of hands vote of 5-2. cc. Bob Kirmis, Planner 33 Advisory Parks Commission Minutes of Special Meeting of April 3, 2000 Page 2 Member Rudolph thanked staff for the update and expressed his excitement about how this project will proceed. Other Commission members commented on the good work effort of the Task Force and were looking forward to having a central park and community center in Eagan for residents to enjoy. IPBOR DAY;POSTEICAT GING Director Vraa explained that the poster judging contest bas been a very successful part of the Arbor Day celebration for a number of years. The Commission has typically played an active role in selecting the winning poster for the net year. Staff traditionally narrows the selection down to a manageable number after which the Commission has selected the finalists and the winner. This selection process has been held after the April Commission meeting in past years, however, Forestry Supervisory Hove has asked if there might be a more efficient way to handle the selection process. A suggestion was made to have a subcommittee narrow down the selection for final consideration. After further discussion, John Rudolph moved, George Kubik seconded with all members voting in favor to ask for three volunteers to help review the posters and select the finalists and winner. Member Hiar suggested that consideration be given to displaying the poster choices so that more people will have an opportunity to see them and provide feedback for selection. Supervisor Hove noted that there are approximately 1,200 posters that will need to be reviewed within the next two weeks. It was decided that staff would narrow down the poster selection and that the subcommittee would meet to select the finalists from that group. Member Johnson stated that it would be important to keep in mind the message the posters are supposed to reflect in making the fmal decision. Members Rudolph, Kubik and Bari volunteered to review the posters and would fmd a replacement if they were unavailable when the judging was being done. 1411 AC9MMOISIMO1,9 4 GOETZ`PROPERTY Chairman Rudolph provided a brief review of the proposal by the Goetzs to sell 1.2 acres to the City adjacent to Patrick Eagan Park. The special meeting was called to allow Commission Member the opportunity to visit the site with the Goetzs and to resume the meeting for discussion of potential acquisition. Director Vraa added that the site would be entered from the west and reminded Commission Members that there would be no discussion until the meeting was reconvened. Superintendent Olson stated that he had talked to residents to the west of the Goetz property to try to get an idea of their interest in providing an easement that might allow construction of a trail from Berry Patch Park to Patrick Eagan Park. He noted that the Christians_ons are new to the area, are slightly interested depending upon the proposal, however, did not commit to anything: The meeting was adjourned at 5:30 p.m. for Commission Members to visit the site with the Goetzs. The meeting was reconvened at 6:30 p.m. for discussion. Member Hiar stated that this was a beautiful parcel of land that should be acquired. He stated he did not want to see this opportunity passed up and wanted to see park property on the north side of the pond. He opined that there may be willing property owners to provide easements to allow for a trail connection between the two parks. Hiar also suggested buying a little more than 1.2 acres from the Goetzs. 35L Advisory Parks Commission Minutes of Special Meeting of April 3, 2000 Page 3 Member Johnson added that trail link connections have been a high priority of the Commission and stated that this would provide a good opportunity not only to preserve a beautiful piece of property but to connect Berry Patch Park to Patrick Eagan Park. Member Bari stated that during the 1999 CIP review the projection covered a 5 year period. At that time there was just enough money to cover the costs of the 5 year prioritization. Given the fact that $1 million has been removed from the Park Site Fund for acquisition of the central park, Bari stated that the Commission will not be able to cover all the costs originally planned for that CIP. Additionally, Patrick Eagan Park has been identified as a low priority for development, Bari added. Mr. Goetz suggested that since they will be paying $35,000 to develop this parcel that the City could simply move the funds around; basically decrease the amount in fees/assessments in exchange for the land. Member Bari suggested that perhaps this could be discussed more completely when the Commission reviews the CIP again on April 27. During that review it may be found that this is a viable option for acquisition. Member Hiar asked for clarification as to how the Park Site Fund is replenished. Member Bari responded that it comes from park dedication fees collected from developers. With the City nearly developed, Bari opined that there would not be a lot more revenue generated from this source. Member Johnson asked about considering using dollars from the Tree Mitigation Fund to acquire this parcel. She stated that it would seem to be in line with the philosophy of preserving woodlands and this would be a unique parcel to acquire. Member Filipi stated that it is not uncommon for CIPs to be changed. He agreed that this is a lovely parcel but opined that it does not threaten the visual integrity of the park nor is a trail from Berry Patch Park to Patrick Eagan Park urgent enough to warrant acquisition of the land. Member Peterson stated that of the 24 parcels of land identified for acquisition this was not one of the priorities. She added that if this parcel were located on the north side of Deerwood, she would not hesitate to recommend acquisition. Member Kubik asked Director Vraa to clarify the CIP process. Director Vraa stated that last April through July the current CIP through 2004 was put together. The Commission reviewed the current Park Site Fund balance along with projected revenues. They then reviewed proposed improvements to the park system along with identifying 24 open space parcels for potential acquisition. The sites were ranked high, medium and low with no price tag assigned to the parcels, rather, $400,000 was earmarked over the 5 year period for acquisition of open space, trail alignments, etc. Member Kubik then asked what the purpose of the April 17 CIP meeting would be. Director Vraa responded that it would be an opportunity for the Commission to determine the impact of having $1 million removed from the fund and how the balance of the funds would be re -distributed over the next four years. Member Johnson asked if the Don Grant parcel was part of the $400,000 acquisition amount. Director Vraa responded that the Grant parcel was acquired prior to the fund allocation. Member Kubik noted that the CIP review is a good opportunity to look at acquisition of any property in conjunction with the Master Parks Plan. Member Johnson stated that this issue was appearing at the April 17 City Council meeting which precludes discussion at the CIP meeting on April 27. 3S Advisory Parks Commission Minutes of Special Meeting of April 3, 2000 Page 4 Member Rudolph stated that the question of easements by the other property owners west of this parcel is an issue if a trail link between the two parks is a priority. Without being assured that these easements will occur, acquisition of the Goetz parcel may be premature, he opined. Member Hiar opined that staff should have been more active in finding what options exist with the westerly property owners so that the Commission could better determine how a trail connection could be made. Superintendent Olson reiterated that he had talked with one of the property owners who said they might consider selling and easement to the City but are not particularly interested in public access or a trail in this location. Mr. Hiar asked what other options could be considered for acquiring the easements. Director Vraa stated that the property owners could dedicate an easement, they could sell an easement or, if the City deemed appropriate, the easement could be obtained through condemnation. Even if the property owners are interested in selling an easement now they can change their mind. The Commission will need to determine if thisis'a vital parcel to acquire for the park system, Vraa stated. Member Hiar asked how a conservancy might work in this situation, reiterating his support of acquisition and the potential trail connection between Berry Patch Park and Patrick Eagan Park. Following further brief discussion, Barbara Johnson moved and Floyd Hiar seconded a motion to purchase the 1.2 acre Goetz parcel. Those voting Aye included Barbara Johnson and Floyd Hiar. Those voting Nay included John Rudolph, Dorothy Peterson, N. Mark Filipi, Cyndee Fields and Joe Bari. The motion was defeated. Mr. Goetz asked for a clarification of the Commission's decision and asked if it was purely a financial consideration. Chairman Rudolph stated that there appeared to be two issues; no master plan for Patrick Eagan Park to see how this parcel would benefit and the uncertainty of easements from property owners to the west to access the parcel from the west. Rudolph thanked Mr. and Mrs. Goetz for so patiently following the process and thoughtfully guiding the Commission through this issue. Director Vraa concluded that the recommendation will be passed on to the City Council for their consideration on April 17. Member Rudolph commented on the recently attended Tree City award luncheon noting this was the 13`s consecutive Tree City award received by Eagan. The City was also awarded a Tree City Growth Award for the innovative Forever Green Program. Member Rudolph added that it was great to see how well respected Forestry Supervisor Hove is by his peers. Director Vraa noted that the April 13 Moonshine Park planning meeting has been cancelled and will be rescheduled at a°later date. With no further business to conduct Joseph Bari moved, George Kubik seconded with all members voting in favor to adjourn the meeting. The meeting was adjourned at 7:00 p.m. Secretary Date 3,4 Agenda Information Memo April 18, 2000 Eagan City Council Meeting K. FINAL SUBDIVISION (MURPHY FARM 3RD ADDITION) RAY MILLER ACTION TO BE CONSIDERED: ➢ To approve a Final Subdivision entitled the "Murphy Farms 3rd Addition" located north of Murphy Parkway and east of Donegal Way in the northwest 1/4 of Section 21. FACTS: ➢ The 12.7 acre Preliminary Subdivision (and associated rezoning) was approved by Council action on January 12, 2000. ➢ The Final Subdivision includes 24 single family lots and a 25,000 square foot outlot (Outlot A) which will be purchased by the City for park purposes. ➢ The Development Contract is in order and expected to be executed by April 18, 2000. ATTACHMENTS (1): Final Subdivision drawing, pag8p. 37 1 Agenda Information Memo April 18, 2000 Eagan City Council Meeting L. FINAL PLANNED DEVELOPMENT AND FINAL PLAT (GATEWOOD'S ADDITION) — WELSH COMPANIES, LLC ACTION TO BE CONSIDERED: ➢ To approve a Final Planned Development to allow a 45,110 square foot office building upon a 1.9 acre site located north of Town Centre Drive and west of O'Leary Lane upon property currently platted as Outlot C, Town Centre 100 Thirteenth Addition (within the NE '/4 of Section 15). ➢ To approve a Final Plat (Gatewood's Addition) establishing 1.9 and 3.2 acre lots upon property currently platted as Outlots B and C, Town Centre 100 Thirteenth Addition. FACTS: ➢ The subject property was originally part of the Eagan Heights Commercial Park originally approved in 1985 and amended several times since. The subject property calls for the development of Limited Business (LB) uses on the property. Offices are listed as permitted uses within the LB zoning district. ➢ The proposed development calls for the construction of a two story, 45,110 square foot office building upon proposed Lot 1. There are presently no development plans for Lot 2. ➢ In lieu of wall signage on two sides of the building, two monument signs, one along O'Learly Lane and the other along Town Centre Drive are included in the sign plan. ➢, The Final Planned Development Agreement is in order and expected to have been executed by April 18, 2000. ATTACHMENTS (4) Final Plat drawing, page IN Site Plan, page 4'/ Building Elevations, page LI Landscape Plan, page y3 39 T i 13 11 1 I .` if t 11 1 1 e°/I a ;I} ! ti ig 1 €_ is 3€€ Ii !i1 tJn l r j ^(0J f + / / / / B Ot• 06iss ^t / KT i / I / r•:',..".er L/ 4. a T t''• I 1 _:-;•-roz +rf kiar 1' I 1 A voile,'31 11 € Re It• I 1 ; ilii 4:::::7-1. 1; iI� {� `1 1 ' r4 Q 111 v is I li U I I 1 —leo A z1 N :3 11 ` 0, `•• 1 ii c) 1 I W g --i� x--71 6 *�:` ;51I of r •i,; 1? 11 k � e r51 .•,r).. Is �!U Ii t i 1 it Si is 11 1 i{I y 1£a i 3 s 1 1 11 J i artil w C) -3 0 _ /' L>4, - *AO 512'2419t 1 • rt t LI 1114',:G ....,�„�,”: .�•yL: CO j:{i,.�.. .......1. 9.6 OOOZ 20:80:PI Os JQW tJj 6M1)I-Y\60t9a3c;Mue63\NV9V3\'9 r pH vognumeV pay NOLLIQQV S.000Ma vo NI M r a17307pp=V > ! 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IW 3 5zi111111119110111IAIII iI1Ht -M- ;11111 is Ming env min on !Mitt 1:i. tFf . � "II p- 1 it 1' is aN IIIA��II 1 I: ;illllIRhI IR 1: 1. 1■■ i il14liw In 11V111111111111n1'"711 19 III 111:lin till: �- If1=11111111111 ! 111 iii;: i1,11. ;:�i�� 1 1t , 1111 I1;;:1,mmon 191111U� 1.: 11101 0002 iE:Si:/i Oi Jew tJ4 6MD 9-V\60(8a311;0063\Nr9e3\ 9 Agenda Information Memo April 18, 2000 Eagan City Council Meeting M. PROJECT 67311, RED PINE LANE ASSESSMENT AGREEMENT ACTION TO BE CONSIDERED: Approve the assessment settlement agreement with Jim's Equipment Services, Inc., for Project 673R (Red Pine Lane — Streets and Utilities) and authorize the Mayor and City Clerk to execute all related agreements. FACTS: • Project 673R provided for the installation of streets and utilities within Red Pine Lane. Jim's Equipment Services, Inc., appealed their special assessments to District Court. As a result of mediation, a proposal for an acceptable settlement of this appeal was presented to the City Council at an Executive Session. As a result, a formal agreement has been prepared and executed by the property owner and is ready for formal action by the City Council. This agreement has been reviewed by the City Attorney's office and Public Works Department and is in order for favorable Council action. Agenda Information Memo April 18, 2000, Eagan City Council Meeting N. ACCEPTANCE OF A $25,000 LOCAL COLLABORATIVE TIME STUDY GRANT (LTCS) ACTION TO BE CONSIDERED: To approve acceptance of $25,000 to help pay start-up costs and future programs at the Wescott lownhomes. FACTS: • The Police Department has applied for these funds. • The LTCS Grant is administered by School District 196. • The money will be used for equipment for the substation, programs, and literature. • Approval of this grant will not impose any additional expense to the City. Li< Agenda Information Memo April 18, 2000 Eagan City Council Meeting O. PROJECT 790, CENTRAL PARK WAY (STREETS & UTILITIES) ACTION TO BE CONSIDERED: Receive a petition from Duke Weeks Realty and authorize the preparation of feasibility report for Project 790 (Central Park Way — Streets and Utilities) by SRF Consulting Group, Inc. FACTS: • Duke Weeks Realty is proposing a large-scale development along the north side of Yankee Doodle Rd. incorporating the Perron Farm and 20 acres of the residual of the Country Joe property west of Lockheed Martin. They have been informed that in order for this development to proceed, it will require the installation of public streets and utilities to service them. • In order to better compliment their proposed development time frame, they have submitted a petition requesting the City to prepare a feasibility report to identify the scope, cost, impact, financing and schedule for the required improvements. They have agreed to reimburse the City the cost of this feasibility report if, for any reason, the project is not approved as a result of the required public hearing. Agenda Information Memo April 18, 2000 LIC'HEARINGS A. GARDENWOOD PONDS 4TH ADDITION (LOT 15, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve/Deny the vacation of a portion of a public drainage and utility easement within Lot 15, Block 1, Gardenwood Ponds 4th Addition, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 2, 2000, City staff received a petition from Ray Brandt, registered land surveyor for the Gardenwood Ponds development, requesting the vacation of a portion of an existing drainage and utility easement near the northeast corner of Lot 15, Block 1 of Gardenwood Ponds 4th Addition. • On March 21, the City Council received the petition for this vacation, and set a public hearing for April 18, 2000, to consider vacating said easements. • The easement was dedicated as part of the Gardenwood Ponds 4th Addition plat for an existing drainage pond, JP -20.4. • The purpose of the request is to allow D. R. Horton, Inc. to construct a new house on Lot 15, Block 1. The configuration of the proposed house would encroach upon the existing drainage and utility easement. The portion of the easement proposed to be vacated is above the 100 -year flood elevation of the adjacent ponding area and does not impact the City's storage requirements. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page_. �1 • Proposed Easement Vacation/Legal Description, page T and fJ U . 97 YANKEE 1 DOODLE ROAD DISCOVERY AD (CO. RO. 28 ) 0 0 m r G7 NO SCALE cDuciatiOloo �(sr. FRANCIS D WNDTR CIR. DENMARK CT. E. DENMARK TR. E. COTT ROAD DEERCLI RESTVIEW LN. RRIDGE CT. 371OSFOOD HILLS DR. R. NORTNVIEW PARK r CO. RD. 30) AMBF� GRAN. DIFFLEY ROAD CT. CT. YOR OWN PL MORE DR. < E116 LEXIE LN. IDR. f-1 r—' 11 c). City of Eagan PUBLIC WORKS DEPARTMENT EASEMENT VACATION LOCATION MAP LOT 15, BLOCK 1 GARDENWOOD PONDS 4TH ADDITION March 17, 2000 M32-2243-00 NUroN 837 Bold Lake Court T Erre IS 540 E�5 .414 2.15 ys 1' 4J e r s i 0 i _:31'0 0 z-. W Q d co 5 N 4 O > z .` coz 14 > tr' rn _ cc ,m 1 arn 0 CO > d • N ^ 0 CsJ m m W C1 ra W 10' �9 Big Timber Trail Vacation of easement That part of Lot 15, Block 1, GARDENWOOD PONDS FOURTH, Dakota County, Minnesota, described as follows: Beginning at a point on the northeasterly line of said Lot 15, said point being 103.03 feet northwesterly of the most easterly point of said Lot 15; thence S48°33'57"W a distance of 26.57 feet; thence S07°50' 19'W a distance of 19.79 feet; thence S16°52'56"W a distance of 89.34 feet; thence N08°02'54"W a distance of 52.82 feet; thence N20°53'05"E a distance of 26.99 feet; thence N33°01'51"E a distance of 60.61 feet to said northeasterly line of Lot 15; thence S67°00'28"E, along said northeasterly line of Lot 15, a distance of 14.45 feet to the point of beginning. SO Agenda Information Memo April 18, 2000, Eagan City Council B. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS (ROYAL OAKS ADDITION), AND FINAL PLAT (ROYAL OAKS 2ND ADDITION ) — ROYAL OAKS REALTY ACTION TO BE CONSIDERED: A. To approvq the Vacation of public drainage and utility easements within Lots 17-20, Block 1, Royal Oaks, and authorize the Mayor and City Clerk to execute all related documents. B. To approve a Final Plat (Royal Oaks 2"d Addition) consisting of three lots on 1.73 acres in the NE '/4 of Section 14. FACTS: • The subject site consists of Lots 17-20, Block 1, Royal Oaks, and is located south of Wild Rose Court Road and east of Wescott Woodlands, in the NE'/. of Section 14. • On February 29, 2000, City staff received a request from Michael Black, Project Manager, Royal Oaks Realty, Inc., for the vacation of existing drainage and utility easements within Lots 17 - 20, Block 1, Royal Oaks. At the same time, Royal Oaks Realty, Inc. also submitted an application for Final Plat to replat these four lots into three. • On March 21, 2000, the City Council received the petition for this vacation, and set a public hearing for April 18, 2000, to consider vacating said easements. • The easements were originally dedicated to the City in 1998 as part of the Royal Oaks Addition development for drainage and utility purposes. The easements are not necessary to accommodate any planned or existing utilities or drainage ways. • The purpose of the vacation request is to allow Royal Oaks Realty to replat Lots 17, 18, 19, and 20, Block 1 into three larger lots. The reconfiguration of the four lots into three will allow the construction of larger houses. Drainage and utility easements will be dedicated as part of the new plat of the three lots (Royal Oaks 2nd Addition). • All notices concerning the requested vacation have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: Location map, page oZ . Proposed Easement Vacation/Legal Description, page .5:3 . Final Plat (Royal Oaks 2"d Addition), page S-51. YANKEE DOODLE ROAD DISCOVERY ROAD CO. RD. 28 ) 1.- TAMARAC PT. 4.- FOREST RIDGE 1R. 2.- BIRCH PT. 5.- IRONWOOD LA. 3.- NORWAY PT. 6._ _ PT. 1 7.- - - PT. O'LEA LAK p0 U NO SCALE J ROS OAD TIM, CT FUCK m .1 MOURNING LN DOVE CT. DENMARK CT. E. DENMARK TR. E. LOCATION H/ WESCOTT ROAD DEERCU Ao� RESTVIEW LN. DEERRIDGE CT. 2j;OSF0ItD HILLS DR. WESTBURY NORTHVIEW PARK • NORTHVIEW PARK r LEXIE (CO. RD. 30) E116 LN DR. I PUBLIC WORKS DEPARTMENT City of Eagan EASEMENT VACATION LOCATION MAP LOTS 17-20, BLOCK 1 ROYAL OAKS March 17, 2000 s�- c 7 r r — (. a 0 -- N00•0707W 250.10 �`e1U.UL\ \�U1�L\1UL\L11U\1L\1VU1�L\1\�`: r � m c� u U 1 r N A.) 69.92 `~ N00 07'07"W 1 C) —i Cr, z CO m gg -i J1 47, N O Voir., wmoror. 8 Oleo • 111. D 0(o 0 w•rororw 7IO0 mi • 3 0 g c Noniron. 10. • rn 147.00 NO0 07'07.18 -i H0� +/ • pN 5 • • • 7 2 e 9...4 _8 c w` 3 131 i•: w �• • C c'o .74 YF. w a.a isQ n o� NOLLdINJS30 NOI1VJVA 1NTK3SY3 o - $ v 81" £ , A bb • 3� 1 �! i�r. Sketch & Description Tor. Dorn Company. mo. r•rr James R. Hill, Inc. PLANNERS / DICKERS / SI/MOORS t wo • • fw 1M •wwwt a• 11117_ MOIL IMiyiF•" !Y (MfNM•OM n-.► •.. t WY w0 r...W EASEMENTS TO BE VACATED `0 • . 3T 1M[ O 101 ll. •Olt 1. 11.T44 130615 soo•oror¢ 250.10 e a utU c)xl € gg —i I;a_ P a'° 0 d PJ ,i: :oa! a, 1 ,OV .P O. 1 uNgal q 9 ` 4100'07'07-W69.92 -.4, l_ `v A 4100'07'07-W 1 L T 1r, 1. r 1gsrsr. RI - -rl \ '�� cC) a 1 I CJ - a ( e I/ i .i 1 + d �' I'u DD clta 1 >E 0 I D o� i 8 i as - i 1 f II P.4, m O•_ 426* -' .W9)'0>1 la Om0 li C) I Y / (n) w 1 I I 1 (.) / R ♦�1 - / y .7):::r x I a 'a G i C) _ 11 0 I 14.,•64. • • 1 ! 1 •• 0„. J b \ .1M R 6,... V 147.00 ^>' N00'Ororw 411 Llle O/ IX 17. MO, 1..014. 0103 M • O N la l of 1 ;1 a"s g 8 r i b 0 r 0 VJ Z 0 N011laav JI L 6.1611.310. 11.10110 • s 3 Agenda Information Memo April 18, 2000 Eagan City Council Meeting A. PROJECT 6568 CEDARVALE AREA/VILLAGE PLAZA ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report and Traffic Engineering Study for Project 656R (Cedarvale Area / Village Plaza — Access Modifications) by SRF Consulting, Inc. FACTS: • At the Council Workshop session held on April 11, the City Council discussed land use and traffic access issues associated with the proposed redevelopment of the Cedarvale area. As a result of that discussion, they directed staff to present a request for their consideration of ordering a new/updated feasibility report and detailed traffic engineering study to identify the scope, cost, impact, financing and schedule for the reconstruction of the Silver Bell Rd./Cedarvale Blvd./Beau D'Rue Dr. intersections. Agenda Information Memo April 18, 2000 Eagan City Council X. NEW BUSINESS A. RESOLUTION, DETACHMENT AND ANNEXATION - GONYEA DEVELOPMENT, LLC (ORCHARD HEIGHTS ADDITION) ACTION TO BE CONSIDERED: To approve a resolution approving the concurrent detachment from Inver Grove Heights and annexation to Eagan of approximately 0.46 acres of land located south of Hwy. 55. FACTS: • Gonyea Development has submitted an application for Preliminary Subdivision to develop a 4.4 -acre site located south of Hwy. 55 and north of Black Oak Drive. The existing house on the development site is very close to the Eagan/Inver Grove Heights border and in order to accommodate the existing home and provide necessary setbacks, the developer is requesting that the municipal boundary between Inver Grove Heights and Eagan be adjusted so that the subdivision will be located entirely within the City of Eagan. On both sides of the municipal border, the properties are designated for low density residential development. • The adjustment of the municipal boundary requires a concurrent detachment from the City of Inver Grove Heights and annexation to the City of Eagan. The detachment and annexation needs the approval of both cities, and must then be submitted jointly to the Minnesota Municipal Boundary Adjustment Agency. The filing date is May 4th for consideration at the Agency's May 12, 2000, meeting. • This item is expected to be on the IGH Council agenda for April 24, 2000. Attached is a letter from IGH staff indicating no objections to the proposed detachment and annexation. • Following the state's approval of the detachment and annexation, land use and zoning designations for the property will need to be established, and both of these actions will require a public hearing. The Comprehensive Plan Amendment to establish the land use designation will also need to be approved by the Metropolitan Council before the City can implement the land use or zoning for the property. • After the land use and zoning for the property have been established, the City Council can then act on the Preliminary Subdivision request. • The Eagan APC held a public hearing on the Preliminary Subdivision on March 25, 2000, and did recommend approval, contingent upon the approval of the detachment and annexation, and the establishment of consistent land use and zoning designations for the portion of the development that currently lies within IGH. ATTACHMENTS: Resolution, pages.' throughS ' Location Map, page .6 Graphic of subject area, page Q 41iretrer Letter of request from Developer/Owner, page 6/ Letter from the City of Inver Grove Heights, page AD_ CITY OF INVER GROVE HEIGHTS RESOLUTION NO. CITY OF EAGAN RESOLUTION NO. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM INVER GROVE HEIGHTS AND ANNEXATION TO EAGAN OF ORCHARD HEIGHTS PURSUANT TO MINN. STAT. S414.061 WHEREAS, certain real property (hereinafter referred to as the "Property"), legally described as: That partof the West 257.07 feet of the West Half of the Northwest Quarter of Section 7, Township 27, Range, 22, Dakota County, Minnesota lying South of the southerly right of way line of Minnesota State Trunk Highway No. 55 described as follows: Beginning at the Southwest corner of said West Half of the Northwest Quarter; thence North 89 degrees 36 minutes 38 seconds East along the South line of said West Half of the Northwest Quarter, a distance of 25.00 feet; thence North 00 degrees 11 minutes 15 seconds West parallel with the West line of said West Half of the Northwest Quarter, a distance of 154.84 feet; thence North 12 degrees 29 minutes 58 seconds East, a distance of 274.01 feet to the southerly right of way line of Minnesota State Trunk Highway No. 55; thence North 70 degrees 38 minutes 50 seconds West along said South right of way line, a distance of 90.38 feet to the West line of said West Half of the Northwest Quarter, thence South 00 degrees 11 minutes 15 seconds East along said West line, a distance of 452.48 feet to the point of beginning. is approximately 0.46 acres in size and located within the boundaries of the City of Inver Grove Heights, and WHEREAS, the Property is owned by Vera F. Jones and Gonyea Development, LLC and is proposed to be a portion of residential development within the City of Eagan, and WHEREAS, the Property abuts real estate along its entire western border that is located within the City of Eagan and is the remainder of the proposed residential development, and WHEREAS, the provision of planning, zoning, police, fire, and utility service to the Property can be more efficiently provided by one muriicipality, and WHEREAS, the owners of the property have requested that the Property be concurrently detached from the City of Inver Grove Heights and annexed to the City of Eagan. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Inver Grove Heights and the City of Eagan jointly request that the Minnesota Municipal Board concurrently detach the Property from the City of Inver Grove Heights and annex the same to the City of Eagan at the earliest possible date. S9 2. That this joint resolution be submitted to the Minnesota Municipal Board for the purposes set forth herein. Approved by the City of Eagan this day of , 2000. Patricia E. Awada, Mayor ATTEST: Eugene J. VanOverbeke, Clerk Approved by the City of Inver Grove Heights this day of , 2000. ATTEST: , Clerk Sb' Joseph Atkins, Mayor Location Map Eagan Boundary Street Centerline Parcel Area - Building Footprint Sub'ect Site 1000 0 1000 2000 Feet Development/Developer: Orchard Heights Addition Application: Preliminary Subdivision Case No.,: 12 -PS -04-02-00 City of Eagan Cwwrwrwway awYNwewrat agwrtrnwwt Map Prepared wing _ bcV .w It. Parcel taxa mop data provided lby Dakota County Land &ivy Department and is anent as d.i.aray 2000. 7 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Clty of Eagan and Dakota County do not guarantee the accuracy of this information and aro not responsible for errors or emissions. 21293 SO FT 5 ' 763'1,6 131.30 12090 504T ty N69•So•ss•E 109.19' 12915 SoFT 50910.45•E 157.45• 55 OF 09 13391 SO FT ON - 2 6-4 N6930'45i 157.59' 13392 S01FT N69'St'48 337.59. 14160 SO FT 156.19' 11 COURT A SUR SMR NUS AIS NE COR OF SE 1/4-' 512. T27, R23 W 90.30' 26.63' s ORCHARD HEIGHTS PROPOSED ANEXATION AREA a 3'a 100 150' SCALE INFEET LEGEND PROPOSED ANEXATION AREA ALLIANT ENGINEERING !M 6110010 MOOT Mt • AMOK WAN S IM SOO INIOAPOUS l00 OMA 1 isemintrim FAX 1 April 11, 2000 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Concurrent Detachment and Annexation of Orchard Heights Dear Mayor.and Council Members: As owners of the property legally described as follows: That part of the West 257.07 feet of the West Half of the Northwest Quarter of Section 7, Township 27, Range, 22, Dakota County, Minnesota Iying South of the southerly right of way line of Minnesota State Trunk Highway No. 55 described as follows: Beginning at the Southwest corner of said West Half of the Northwest Quarter; thence North 89 degrees 36 minutes 38 seconds East along the South line of said West Half of the Northwest Quarter, a distance of 25.00 feet; thence North 00 degrees 11 minutes 15 seconds West parallel with the West line of said West Half of the Northwest Quarter, a distance of 154.84 feet; thence North 12 degrees 29 minutes 58 seconds East, a distance of 274.01 feet to the southerly right of way line of Minnesota State Trunk Highway No. 55; thence North 70 degrees 38 minutes 50 seconds West along said South right of way line, a distance of 90.38 fcct to the West line of said West Half of the Northwest Quarter, thence South 00 degrees 11 minutes 15 seconds East along said West line, a distance of 452.48 feet to the point of beginning. Containing 0.46 acres, more or less. we respectfully request that the City of Eagan, together with the City of Inver Grove Heights, jointly concurrently detach and annex the described property from the City of Inver Grove Heights to the City of Eagan, so that the entire plat of Orchard Heights is located within one City. Thank you for your attention to and assistance with this matter. Very truly yours, Gonyea Development, LLC By: Thomas L. Gonyca Its 6/ March 20, 2000 City of INVER GROVE HEIGHTS Pam Dudziak C ity Planner 3830 Pilot Knob Rd Eagan, MN 55122-1897 RE: Orchard Heights Friendly Annexation Dear Pam: As we discussed on the telephone, city staff would support a friendly annexation proceeding to allow the narrow strip of land in Inver Grove Heights to be detached from the City and included within the plat of Orchard Heights. If you have any questions about this matter, please feel free to give me a call at 651.450.2553. Sincerely, CITY OF INVER GROVE HEIGHTS Bill Turnblad City Planner cc: Jim Willis, City Administrator Tom Link, Community Development Director 8150 BARBARA AVENUE • INVER GROVE HEIGHTS, MN 55077-3412 TELEPHONE (651) 450-2500 • CITY OFFICE FAX (651) 450-2502 • POLICE FAX (651) 450-2543 6�. Agenda Information Memo April 18, 2000 Eagan City Council B. PRELIMINARY SUBDIVISION (PFEIFER ADDITION) — GENE AND BRENDA PFEIFER ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two single-family lots, on 1.05 acres at 4580 Oak Pond Road in SE '/a of Section 26. FACTS: • The existing home was constructed in 1978 on the western portion of the lot. The site is wooded and contains a small wetland. • The property is located within the Shoreland Overlay District of McDonough Lake, a DNR protected waterbody classified as a recreational development lake. The proposed subdivision satisfies the minimum lot standards of both the R-1 zoning and the Shoreland Overlay zoning districts. • In 1998, the City reconstructed the streets in this area and installed municipal water and sanitary sewer systems, which included two water and two sanitary sewer connections for this lot. The existing home on Lot 1 will be required to connect to the City utility systems prior to final subdivision approval, and the existing well and septic systems will need to be abandoned in accordance with state standards. • The Advisory Planning Commission held a public hearing on March 28, 2000, and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS: March 28, 2000, APC Minutes, pages i through Staff Report, pages 64 through 63 Page 4 March 28, 2000 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION GENE & BRENDA PFEIFER Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Pfeifer Addition) to divide an existing single family lot into two lots, legally described as Lot 2, Block 2, Oak Pond Hills, located at 4580 Oak Pond Road in the SE1/4 of Section 26. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated March 23, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant, Brenda Pfeifer was present to respond to any questions by the APC. Chair Heyl closed the public hearing. Member Huusko moved, Member Tilley seconded, a motion to approve a Preliminary Subdivision (Pfeifer Addition) to divide an existing single family lot into two lots, legally described as Lot 2, Block 2, Oak Pond Hills, located at 4580 Oak Pond Road in the SE'/< of Section 26, subject to the following amended conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 2. The property shall be platted. 3. The grading on Lot 2 shall maintain the proper overflow drainage from an existing wetland southeast of the development to an existing catch basin in the boulevard of Lot 2 near Oak Pond Road. 4. Public drainage & utility easement shall be dedicated over the drainage overflow swale to be maintained across Lot 2. 5. Prior to final subdivision approval, the existing house on Lot 1 shall be connected to the City utility system, both municipal water and sanitary sewer, and the existing well and septic system shall be abandoned in accordance with state standards. 6. Cash dedication in lieu of on-site water quality ponding is required. The dedication amount will be calculated at the time of final subdivision and is based on the area and impervious characteristics of developed lots. 7. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for Lot 2. The Plan must fulfill all the requirements of the Tree Preservation 6° Page 5 March 28, 2000 ADVISORY PLANNING COMMISSION Ordinance including grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) 8. Parks and trails dedications will be required for Lot 2 and should be fulfilled through a cash dedication payable prior to release of the final plat for recording at the rates in effect at that time. All voted in favor. 6s 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2000 APPLICANT: Gene and Brenda Pfeifer PROPERTY OWNER: Gene and Brenda Pfeifer REQUEST: Preliminary Subdivision LOCATION: 4580 Oak Pond Road COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R-1, Single Family Residential CASE: 26 -PS -02-02-00 HEARING DATE: March 28, 2000 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST Gene and Brenda Pfeifer are requesting approval of a Preliminary Subdivision of 1.05 acres to create two parcels. The site is located at 4580 Oak Pond Road, legally described as Lot 2, Block 2, Oak Pond Hills, in the SE Section of 26. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 66 Planning Report — Pfeifer Addition March 28, 2000 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The Oak Pond Hills subdivision was platted in 1977. The existing home was constructed in 1978 on the western portion of the lot. In 1998, the City reconstructed the streets in this area and installed municipal water and sanitary sewer systems. The installation of municipal services included two water and two sanitary sewer connections for this lot. EXISTING CONDITIONS The existing house is currently served by an individual well and an on-site septic system. The site is wooded and there is a wetland in the central portion of the site, on the east end of proposed Lot 1. Planning Report — Pfeifer Addition March 28, 2000 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single-family homes; zoned R-1 (Single -Family Residential); guided D -I (Single - Family) South - Single-family homes; zoned R-1; guided D -I East - Park and single-family residence; zoned P (Public Facilities) and PD (Planned Development); guided P (Park) and D -I West - Single-family homes; zoned R-1 (Single -Family Residential); guided D -I (Single - Family) EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed subdivision appears consistent with surrounding development, which is single-family residential. Airport Noise Considerations — The site lies outside of the airport noise exposure zones established by the Metropolitan Council. Zoning — The property is zoned R-1, Single -Family Residential and is located within the Shoreland Overlay District of McDonough Lake, a DNR protected waterbody classified as a recreational development lake. With the joint application of shoreland and land use zoning standards, the more restrictive development standard shall apply. In this case, the shoreland standards for minimum lot size (15,000 square feet) and lot width (100 feet) apply; setback and other development standard are as required in the R-1 zoning district. The R-1 zoning district limits building coverage on a lot to 20%, and the shoreland zoning restricts impervious surface coverage to a maximum of 25%. Density - The density of the two lots on 1.05 acres is 1.9 units per acre. Lots — Both lots exceed the minimum 15,000 square foot lot size required by the shoreland zoning. Proposed Lot 1 is 30,154 square feet in area (.69 acres) and contains the existing single- family dwelling. Proposed Lot 2 contains 15,636 square feet in area (.36 acres) and is vacant. Both lots exceed the minimum required public street frontage (50 feet), and the minimum lot width (100 feet) at the 30 -foot front setback line. Setbacks — The existing home exceeds the minimum ten -foot side yard setback from the proposed new lot line. da' Planning Report — Pfeifer Addition March 28, 2000 Page 4 Grading —The site is moderately to heavily wooded. Grading is not proposed on Lot 1 with the existing house. Grading for Lot 2 will occur at time of building permit. The grading on Lot 2 should maintain the proper overflow drainage from an existing wetland southeast of the development to an existing catch basin in the boulevard of Lot 2 near Oak Pond Road. Storm Drainage - No additional storm sewer system improvements are necessary with this subdivision. Wetlands/Water Quality — This proposed one -acre single-family subdivision is located in the City's L -watershed. Because this development is small, on-site treatment of stormwater for water quality purposes is not practical. Therefore, staff recommends a cash water quality dedication. The dedication amount will be calculated at the time of final subdivision and is based on the area and impervious characteristics of developed lots. There are no jurisdictional wetlands associated with this site. Utilities — Sanitary sewer and water main service stubs were constructed for both lots under the Oak Pond Hills street and utility project (City Project No. 732). When Lot 2 is developed, connection to the utility system will be required. In addition, as a result of the subdivision, the lot size for the existing house will decrease to less than one acre, the minimum required to be able to retain an existing septic system. Therefore, the existing house on Lot 1 will be required to connect to the City utility systems prior to final subdivision. Since the existing well and septic system will no longer be needed, they should be abandoned in accordance with state standards. Access/Street Design — Public street access for both lots is available from Oak Pond Road. Easements/Rights of Way/ Permits — Public drainage & utility easement should be dedicated over the drainage overflow swale to be maintained across Lot 2. Tree Preservation — The conceptual plans indicate that five of 22 significant trees will need to be removed for construction on Lot 2. This slightly exceeds the allowable 20% removal for single lot residential development. An Individual Lot Tree Preservation Plan will be required for Lot 2 at the time of building permit application. The Plan must fulfill all the requirements of the Tree Preservation Ordinance including grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees. Parks and Recreation — Parks and trails dedications will be required for Lot 2 and should be fulfilled through a cash dedication payable prior to release of the final plat for recording at the rates in effect at that time. The park and trail dedication fees in the 2000 Fee Schedule are $1,232.00 and $168.00, respectively. G9 Planning Report — Pfeifer Addition March 28, 2000 Page 5 SUMMARY/CONCLUSION Gene and Brenda Pfeifer are requesting approval of a Preliminary Subdivision of 1.05 acres to create two parcels. The proposed subdivision appears to be compatible with surrounding development and satisfy the applicable zoning standards. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 1.05 acres at 4580 Oak Pond Road in the SW'/. of Section 26. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: B1 2. The property shall be platted. 3. The grading on Lot 2 shall maintain the proper overflow drainage from an existing wetland southeast of the development to an existing catch basin in the boulevard of Lot 2 near Oak Pond Road. 4. Public drainage & utility easement shall be dedicated over the drainage overflow swale to be maintained across Lot 2. 5. Prior to final subdivision approval, the existing house on Lot 1 shall be connected to the City utility system, both municipal water and sanitary sewer, and the existing well and septic system shall be abandoned in accordance with state standards. 6. A cash dedication in lieu of on-site water quality ponding is required. The dedication amount will be calculated at the time of final subdivision and is based on the area and impervious characteristics of developed lots. 7. An Individual Lot Tree Preservation Plan will be required at the time of building permit application for Lot 2. The Plan must fulfill all the requirements of the Tree Preservation Ordinance including grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) 8. Parks and trails dedications will be required for Lot 2 and should be fulfilled through a cash dedication payable prior to release of the final plat for recording at the rates in effect at that time. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Riahts-of-Wav 1. 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C., Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. i 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 LTSI5 STANOARO.CON Revised: February 2. 1993 FINANCIAL OBLIGATION PFIEFER ADDITION There are pay-off balances for special assessments that total $6,068 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there is a pending assessment on the parcels proposed for platting. The pending assessment totals $7,000. The pending assessment is related to a Council deferred assessment that is to be activated at time of subdivision. This • pending assessment will be allocated to the parcels created by the plat. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. 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. IMPROVEMENT USE RATE QUANTITY AMOUNT Trunk Storm Sewer S. F. $.086/Sq.Ft. 29,290 Sq. Ft. $2,519 Water Trunk S. F. $940/Lot 2 Lots. 1,880 Sanitary Sewer Trunk S. F. $900/Lot 2 Lots. 1,800 TOTAL $6,199 Location Map •t 1 • t;=1 z„,„ "1 ;;;;;i4. CSO �41 1011P-`) �wE � f4%th --1/4,Q7111114 .) V n >, '� Ofi�.ia.:GGG:�Or �.rECMITtTrinnV is Ail. -.14f 111 Egan Boundary Street Centerline Parcel Area - Meting PootpAnt ETElm %--rAt; ;.$1 tc-:'...-0 ij, SP NM GGGCG:za-4; 4) ETN ar_I'ont? di .1- 4P1 -!!!!M WW1 h& 1.7i;hl rus 6111 tirD a� a i s a ItY v � • her t 0 •• p'41� G' `(4in'nuiY apt ..44 `'' a up`� l NB d ' e'J L1'' aoo��o ED• Br o-410 .e s. NU......e • ■ ',Subject Site 0 D Development/Developer: Pfeifer Addition Application: Preliminary Subdivi Case No.: 26 -PS -02-02-00 *City of Eagan e..■..■ns a..•Men»N a.p.ed..t 1000 • .0 s • . . r~ • 1• p.• i� 1 1000 wp AP/b using BM Menem 3.1. Parcel base menden proNd.d binDiens Cm*LandDaveyOeprimentsedlearntasdJniryX00. THIS MAP It INTENDED POR REPERENCE USE ONLY The City of Eagan and Dakota County de not guarantee the accuracy of this Information and are mot responsible for errors or omissions. 2000 Fe Current Zoning and Comprehensive Guide Plan Pfeifer Addition Case No. 26 -PS -02-02-00 Land Use Map Zoning Map Current Zoning: R-1 Single -Family Residential ON • ••• 1!•• A..t insimIlPaakruluy. 4.0 issi PlueniinisollaisaW 711111111 11.111 0.471.1111- Milne11.111111111111 • P II 1V ,,► �� ..Inn Iia w A • Comprehensive Guide Plan Land Use Map :::::;111111116 Wqn111111.. Location `■I` i �uc .t11llinli ul", 41UP g. �,�•� a_�wa= Mims Li• mu sm••••. ,v4/IIIIIIIIIi a WIZ_ '1 kligir#0 0 11 "� iii di /� PAM MUM l � � ai . 1 Imo..? Iti.■si�a Current Land Use Designation: D -i Single -Family Residential City of Eagan Community Development Department Pavel bre map r kyoak a County land survey Do•.M•oat 1103106 f66sy kd••.• . l.d try LAWMAN Om* 1906 and .pdt.d by city Wall e 11415 MAP 15 INTENDED FOR REFERENCE USE ONLY Th. City of Sagan and Dakota County do not guarantee the accuracy of this Information. hihNI hhlili� 1ll,lilll i •1• .- s, • `\ • AO • o ,; `r1. 1Mil 1 Wilt i HIP iii, a • 1,7544. ti ti 14444 11 ! t in ata iii ■� !ta1 1121rr..-1, ,v anew •210 02+2 '`ii. rail 1t q� If 1 : t I� IMcLAGANI r' 'Siiii;,N, 1.;;,!;tpilitil:;: �� ;�5'�>'�Lfit1 i �? :.:":.' o /7b 3. R' ■ .ARG q RfR Ini Ma NO O »= :mu vf,uaL r/ ;;,4 : \ 't *•i•1li 1 :� ,\2 t ss W. \ '. ,� tilt• t \ t t 1 ; 1 1 1 \ .. i«. 1 r , 111111.11 0 co Ow a5 U Q tt— co a 4 • Agenda Information Memo April 18, 2000 Eagan City Council C. PRELIMINARY SUBDIVISION (SLUMBERLAND ADDITION) — C.M. ARCHITECTURE, INC. ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision to create two lots on 6.7 acres located on Northwood Parkway north of Byerly's and south of The Home Depot in the SE % of Section 10, subject to the conditions listed in the APC minutes. FACTS: • A Planned Development was approved for this property last year, allowing the construction of two 35,000 square foot retail buildings. The development plans were designed to accommodate a future subdivision and most of the development issues were resolved at that time. • Construction has begun on the westerly of the two buildings, the Slumberland store, and the developer is now ready to move forward with the subdivision. • Some modifications to the landscape plan are required at this time to improve variety and screening. • The Advisory Planning Commission held a public hearing on March 28, 2000, and did recommend approval, subject to the conditions in the APC minutes. ATTACHMENTS: March 28, 2000, APC Minutes, pages 50 eagik- Staff Report, pages 7/ through 79 Page 8 March 28, 2000 ADVISORY PLANNING COMMISSION PRELIMINARY SUBDIVISION SLUMBERLAND, INC. Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Slumberland Addition) of approximately seven acres to create two commercial lots, legally described as Lot 1, Block 1, Eagan Promenade 3rd Addition, located at 1257 Northwood Parkway in the SE'/4 of Section 10. Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in City staffs planning report dated March 23, 2000. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. The architect for the applicant was present and indicated his availability to respond to questions from the APC. Chair Heyl closed the public hearing. Member Huusko moved, Member Tilley seconded, a motion to recommend approval of a Preliminary Subdivision (Slumberland Addition) of approximately seven acres to create two commercial lots, legally described as Lot 1, Block 1, Eagan Promenade 3rd Addition, located at 1257 Northwood Parkway in the SE'/4 of Section 10, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1 2. The property shall be platted. 3. As -built record plan drawings of the storm sewer system across Lot 2, in accordance with City engineering standards, shall be provided prior to final plat approval for this subdivision. 4. Public drainage & utility easement shall be dedicated on the final plat over that portion of the development's storm sewer system across Lot 2 that provides drainage for both lots. 5. A revised landscape plan shall be submitted for staff review and approval prior to final subdivision approval that includes some evergreen and deciduous trees with the shrub beds along Northwood Parkway to provide height variety and better screening of the parking lot. On the east side of Lot 2, the proposed landscaping shall be shifted to outside of the parking lot and staff suggests the use of an evergreen shrub in this location to provide year around screening of the parking lot. All voted in favor. 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: March 23, 2000 APPLICANT: C.M. Architecture PROPERTY OWNER: Slumberland, Inc. REQUEST: Preliminary Subdivision LOCATION: 1257 Northwood Parkway COMPREHENSIVE PLAN: Central Area ZONING: Planned Development CASE: 10 -PS -03-02-00 HEARING DATE: March 28, 2000 PREPARED BY: Pamela Dudziak SUMMARY OF REOUEST C.M. Architecture, P.A., on behalf of Slumberland, Inc., is requesting approval of a Preliminary Subdivision (Slumberland Addition) to create two lots on 6.7 acres located north of Byerly's and south of The Home Depot on Northwood Parkway in the SE 1/4 of Section 10. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. • B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. 8/ Planning Report — C.M. Architecture March 28, 2000 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY Last year the City approved an amendment to the Planned Development for this property to allow two 35,000 square foot retail buildings rather than one 60,000 square foot building and those development plans were created with a future subdivision of the property in mind. Since then, construction has begun on the westerly of the two buildings, the Slumberland store, and the developer is now ready to move forward with subdividing the property. Pa Planning Report — C.M. Architecture March 28, 2000 Page 3 EXISTING CONDITIONS The site has been graded and the western portion is currently under construction with the 35,000 square foot Slumberland store. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - The Home Depot; zoned PD (Planned Development); guided CA (Central Area) South - Eagan Promenade; zoned PD; guided CA East - Pond; zoned PD; guided CA West - Vacant; zoned PD; guided CA EVALUATION OF REQUEST Lots — The proposed subdivision would create two lots on 6.7 acres. The westerly lot, Lot 1, is 3.4 acres in size contains the Slumberland store that is under construction. The easterly lot, Lot 2, is 3.3 acres in size and is zoned for future retail development of 35,000 square feet. Landscaping — The landscape ordinance requires that screening of parking from public rights-of- way should achieve 75% opacity, to a height of 3-4 feet. The proposed landscaping along Northwood Parkway consists of rose and juniper shrubs and some clump amur maples. A revised landscape plan that includes some evergreen and deciduous trees with the shrub beds along Northwood Parkway to provide height variety and better screening of the parking lot should be submitted for staff review and approval prior to final subdivision approval. On the east side of Lot 2, the proposed landscaping should be shifted to outside of the parking lot. Also, staff suggests using an evergreen shrub in this location to provide year around screening of the parking lot. Grading — The preliminary grading plan is acceptable. The site was graded previously with the Eagan Promenade development. Storm Drainage — The preliminary storm drainage plan is acceptable. Storm sewer of sufficient size, depth and capacity was constructed under the building permit for the existing Slumberland store on Lot 1 for connection and use by the future building on Lot 2. This storm sewer drains to Pond DP — 4.2, a storm water basin constructed with the Promenade development. As -built record plan drawings of the storm sewer system across Lot 2, in accordance with City engineering standards, should be provided prior to final plat approval for this subdivision. Planning Report — C.M. Architecture March 28, 2000 Page 4 Wetlands/Water Quality — Because water quality requirements were addressed for the entire Eagan Promenade commercial development, there are no such issues for this development. There also are no jurisdictional wetlands associated with this development. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main services of sufficient size, depth and capacity were constructed under the Promenade development for use by this subdivision. Streets/ Access/ Circulation — Public street access is available from Northwood Parkway to the north. The developer is proposing a driveway access onto Northwood Parkway for Lot 2 in addition to the existing driveway access for Lot 1 (Slumberland store). Easements/ Permits/ Right -of -Way — Public drainage & utility easement should be dedicated on the fmal plat over that portion of the development's storm sewer system across Lot 2 which provides drainage for both lots. Tree Preservation — There are no significant trees or woodlands on site, therefore, there are no tree preservation issues with this development. Parks and Recreation — No park or trails dedications are due at this time. The parks dedication was satisfied for the entire 6.7 -acre site when the building permit was issued for the building that is now under construction on Lot 1. Likewise, the trails dedication was previously satisfied through assessments for Project 694 in conjunction with the development of other portions of the Eagan Promenade. SUMMARY/CONCLUSION C.M. Architecture, P.A., on behalf of Slumberland, Inc., is requesting approval of a Preliminary Subdivision (Slumberland Addition) to create two lots on 6.7 acres located across from Home Depot on Northwood Parkway. Slumberland has begun construction on the westerly of the two 35,000 square foot buildings in this development. With the exception of a few revisions to the landscape plan, the preliminary development plans are acceptable and satisfy City requirements. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 6.7 acres located south of Northwood Parkway and north of Byerly's in the SE'/. of Section 10. If approved, the following conditions apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1 2. The property shall be platted. Planning Report — C.M. Architecture March 28, 2000 Page 5 3. As -built record plan drawings of the storm sewer system across Lot 2, in accordance with City engineering standards, shall be provided prior to final plat approval for this subdivision. 4. Public drainage & utility easement shall be dedicated on the final plat over that portion of the development's storm sewer system across Lot 2 that provides drainage for both lots. 5. A revised landscape plan shall be submitted for staff review and approval prior to final subdivision approval that includes some evergreen and deciduous trees with the shrub beds along Northwood Parkway to provide height variety and better screening of the parking lot. On the east side of Lot 2, the proposed landscaping shall be shifted to outside of the parking lot and staff suggests the use of an evergreen shrub in this location to provide year around screening of the parking lot. gs STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. , .This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. This development shall dedicate all public right-of-way and temporary slope • easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. AH public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. $6 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15, 1987 Revised: July 10, 1990 LTSIS STANOARO.CON Revised: February 2, 1993 FINANCIAL OBLIGATION— SLUMBERLAND ADDITION There are pay-off balances of special . assessments totaling $322,093 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcels proposed for platting. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. 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. IMPROVEMENT TOTAL USE RATE QUANTITY AMOUNT $-0- Location Map Eagan Eoundary Street Cantarlin* Parcel Area - Building Footprint MI Development/Developer: Slumberland Addition Application: Preliminary Subdivis Case No.: 10 -PS -03-02-00 City of Eagan G.rt.■np D.v.t.pm..t Dsp.itm.ut Map Premed wing 11. baseproAded by Meta Lard Sung Drprtrrwrt arddlia wrw a al oda oa /, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guaranis* the accuracy of this information and ars not responsible for errors or omissions. W� E Current Zoning and Comprehensive Guide Plan Slumberland Addition Land Use Map Case No. 10-PS-03-02-00 Zoning Map IN ire E� 7.).., LAisi! �imm...4 • :• Location " 1111.. 4 111 I� Current Zoning: PD � , , P, / L=\ IIP I f w,� •/ • �� •• MI rob O n MI iUr Planned Development ,u Vilkair 1 w I� .. NI sr 41irI ....n eau rue f'A.s w-. rn 1E111 VIIIMIll Mi NUL Vim pie CSC Almini El I•4 SOS • u• u•• Post Comprehensive Guide Plan ■MPII. -•,:1:1.-411_1� U Land Use Map .. �'►r Location 1 III6P SP '/"fl Current Land Use Designation:cA �, 1 •P Central Area Irr- L� 7 . azi OH 41i ' 11 %MI . 1 I Y O ._........ e. Ade.. ■•••' • o_ax1y� f SMiii ••• • N• 1* root `1 90 County Land s....y oq.�Mt 1/03/00. Parcel •.- I.r..r..t.. , • y..t.•. Zoning Latvians* es.' 1.•..M toadstool by City sun. City of Eagan Z, TNI! MAP 1! INTENDED FOR REFERENCE USE ONLY tyDe elopme/ t Depirtment The City of Eagan and Dakota County do not guarantee the accuracy of this Information. +1�:c�r.rer:yp� 9,, 3 iglid 11111111 �1 it 4#! 14 '11'll ji r !j f 4 • � � • f lii IMO hill fl 14111. ill I III h. s `i f .ti 1 H = 1 1 0 (?C:71.' r 11111 GRADING PLAN nil intql !..ntri f filirY I 11 IJ 1I°`I uttll 1 1 .r. 1' f 93 N%1 UTILITY PLAN i A 1 1 1 s I; f>irI1flJ4iI iii7. 1 ::I ! fen s ° .1 iii=a 1 1 1 f 1 1 ih'111111111111111 1111 011110111111111 I II 1111)111 11 I 111 I II 1111111011 .11'1 I f ill II I lr,a0000I3oo 1 1 1�= 4 • 1j Ve IR LANDSCAPE PLAN rlifi11111• I f =W _' 9 PPP/III w�, t ! • ! 1111 +1 ,!1 •11 1 1 onnnn nomncin[i W"100000••1 [700100[]0 llH';111 i' SITE PLAN