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05/07/2013 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 7, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS _L�_A. RECOGNITION of Friends of the Farm volunteers for their volunteer hours at Holz Farm IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) 5 A. APPROVE MINUTES In B. PERSONNEL ITEMS 1�3 C. APPROVE Check Registers 101 D. APPROVE Resolution Authorizing $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A, related to the Cedar Grove Redevelopment District and setting the date of sale for May 21, 2013 E. APPROVE first amendment to the 2007 Consent Decree with the Metropolitan Airports Commission F. APPROVE a Resolution to proclaim May 18, 2013 as Arbor Day and the month of May 2013 as Arbor Month in the City of Eagan G. APPROVE Joint Powers Agreement for Technical Services for Conservation Projects: Dakota County Soil and Water Conservation District and the City of Eagan 33 H. PROCLAIM June, 2013 as Eagan Lakes Appreciation Month 26 I. PROCLAIM May 19 -25, 2013 as Public Works Week 39 J. APPROVE Agreement with Dakota County Transportation Department, County Project No. 31- 72, Pilot Knob Road/ Deerwood Drive Signal & Turn Lane Improvements 3� K. RECEIVE Petition to Vacate Public Easements — Lots 4 and 5, Block 3, Kennerick 2"d Addition, and Schedule Public Hearing for June 4, 2013 L. RECEIVE Petition to Vacate Public Easement — Lot 1, Block 1, Mari Acres 2"d Addition, and Schedule Public Hearing for June 4, 2013 M. Item removed N. APPROVE Resolution Requesting MnDOT Technical Services for Final Design and Construction Administration, Projects 923/1011- TH 55/149 Improvements 4b O. ADOPT a resolution accepting a $100.00 donation from an Eagan Citizen °I P. APPROVE Exempt Permit for the Eagan High School Swim and Dive Booster Club to hold a 51 raffle on June 27 or 30 at 1360 Civic Center Drive Q. APPROVE Agreement with Dakota County CDA for Community Development Block Grant Coordination through June 1, 2016 5� R. APPROVE Consultant Pool for Property Maintenance Services 5(n S. AMEND CONDITIONAL USE PERMIT — An amendment to the pylon sign size for Lost Spur located at 2750 Sibley memorial Highway V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS VI. PUBLIC HEARINGS (09 A. RESOLUTION for the Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 VII. OLD BUSINESS r10 A. Accept the Recommendations of the Pilot Knob Corridor Study VIII. NEW BUSINESS q6 A. COMPREHENSIVE GUIDE PLAN AMENDMENT— Holden Property/ Southview Senior Living - A Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High Density located at 4232 Blackhawk Road 9B. REZONING, PRELIMINARY PLANNED DEVELOPMENT and FINAL PLAT- Lemay Lake Family Townhomes / Dakota County CDA - A Rezoning from R -3, Residential Townhouse to PD, Planned Development and A Preliminary Planned Development of approximately 24.48 acres to create 50 family townhomes and a Final Plat of approximately 24.48 acres located at 1319 Jurdy Path IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY f A. CALL TO ORDER I ID B, ADOPT AGENDA iqFC. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE a Resolution to Pledge Tax Increment Revenues from the Cedar Grove Redevelopment District for the Repayment of City of Eagan TIF Bonds to be Issued for the District D. OLD BUSINESS E. NEW BUSINESS P301. CONSIDER Concept Plan and Purchase Proposal from Jensen and Jensen Properties, LLC for Acquisition and Redevelopment of Property at 3880 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURN XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xll. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT IN Akhhh- City of 8 Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MAY 3, 2013 SUBJECT: AGENDA INFORMATION FOR MAY 7, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 7, 2013 City Council agenda, the following items are in order for consideration. 3 Agenda Memo May 7, 2013 City Council Meeting RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Friends of the Farm volunteers for their volunteer hours at Holz Farm. ACTION TO BE CONSIDERED: Recognize Norm Peterson and Joel Klein for their volunteer hours at Holz Fann. FACTS: • Norm Peterson is being recognized for reaching the 1500 hour milestone. • Joel Klein is being recognized for reaching the 1000 hour milestone. • The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's fanning heritage for the community. • The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. • Volunteers from the Friends of the Farm and the Eagan Garden Club contributed over 1400 hours of service to Holz Fann in 2012. • Friends of the Farm volunteers are recognized by the City Council after they've reached specific volunteer hour milestones. • Spring is a busy time at the fann as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 19th and summer camps that will take place in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May l ltl' • Parks & Recreation Director Johnson will recognize Norm Peterson and Joel Klein in honor of their dedication to Holz Farm. ATTACHMENTS: None iI Agenda Information Memo May 7, 2013 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: • To approve the minutes of the April 16, 2013 Regular City Council as presented or modified. ATTACHMENTS: • Minutes of April 16, 2013Regular City Council meeting are enclosed on pages %through k lO . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 16, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, April 16, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Mayor Maguire welcomed Boy Scout Troop 449, who were working on their Communication Badge. Mayor Maguire took a moment to comment on the tragic events at the Boston Marathon, and passed along sympathies to the families and the community of Boston. City Administrator Osberg noted the addition of three items to the Consent Agenda; Item Z. Approve Sound Amplification Permit for an outdoor event at La Fonda de los Lobos on May 4, 2013, Item AA. Approve a Resolution to temporarily extend the licensed premises of Cruz, Inc. DBA La Fonda de los Lobos located at 3365 Sibley Memorial Highway, and Item BB. Approve Right of Entry Agreement with CSM Eagan, L.L.C. and authorize the Mayor and City Clerk to execute the agreement. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Police Chief McDonald introduced new Police Officers Daniel Spiess and Bryan Johnson to the Council. Chief McDonald then administered the Oath of Office to the officers. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of January 2, 29 and February 5, 2013. B. Personnel items 1. It was recommended to designate City Administrator Dave Osberg as a Deputy Clerk. 2. It was recommended to designate Finance Director Tom Pepper and Executive Secretary Cheryl Stevenson as Deputy City Clerks until October 1, 2013. 3. It was recommended to approve the revisions to the Donated Vacation Leave Policy. 4. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It is recommended to approve Check Registers dated March 29, 2013. City Council Meeting Minutes April 16, 2013 2 page D. It was recommended to approve the Dakota County Joint Powers Agreement for Cost Sharing of the Aerial Photography for 2013. E. It was recommended to approve the Temporary On -Sale Liquor License for People of Praise MN, Inc.'s Community Social on June 22, 2013. F. It was recommended to approve the Resolution declaring intent to consider suspension or revocation of the Massage Therapy Establishment License issued to Heavenly Asian Massage, 4215 Nicols Road, and the Massage Therapist License issued to Yang Yu. G. It was recommended to approve Action to not waive the monetary limits on Municipal Tort Liability. H. It was recommended to approve Plans and Specifications for Contract 13 -12 (Cedar Grove Parkway —Trail & Lighting Improvements) and Authorize Ad for Bid May 30, 2013. I. It was recommended to approve a Resolution Designating No Parking on Advantage Lane (North side). J. It was recommended to acknowledge Completion and Authorize City Maintenance of Various City Projects. K. It was recommended to vacate Public Easements — Lots 5 -8, Block 5, Eagandale Center Industrial Park (continued from March 19, 2013 Public Hearing). L. It was recommended to receive a Petition to Vacate Public Easements — Lots 2, 3, 4, and 5, Block 1, Safari at Eagan 3rd Addition, and Schedule Public Hearing for May 21, 2013. M. It was recommended to receive a Petition to Vacate Public Easements — Outlot D, Stonehaven 5th Addition, and Schedule Public Hearing for May 21, 2013. N. It was recommended to receive a Petition to Vacate Public Easement — Lot 1, Block 1, Bob Martin Addition, and Schedule Public Hearing for May 21, 2013. 0. It was recommended to approve an Amendment to MnDOT JPA, Project 923 & 1011, TH 149, TH 55 to I -494. P. It was recommended to approve a Resolution to accept a donation to the Police Department of $50 from a citizen. Q. It was recommended to approve the new lease agreements between the City of Eagan and St. Croix Harley Davidson for two 2013 Harley Davidson motorcycles. R. It was recommended to approve a contract with Northland Business Systems for the procurement and support of a dictation system. S. It was recommended to authorize the Extension of AccessEagan Fiber in the Cedar Grove Redevelopment area and approve the issuance of a Request for Quote (RFQ) for the extension of the fiber. T. It was recommended to approve AccessEagan Terms and Conditions — Tiered Service Agreement and Terms and Conditions Colocation Agreement. U. It was recommended to approve the Final Plat - CTI Addition. V. It was recommended to approve a Resolution Recognizing Service of DCR Chamber of Commerce President Ruthe Batulis. W. It was recommended to approve a Joint Powers Agreement between the City of Eagan and Dakota County to allow the City of Eagan to operate the concessions at the Wescott Library for a trial period. X. It was recommended to approve a Resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant and authorize the necessary budget adjustment. Y. It was recommended to authorize an application of a grant for $22,000 from the Minnesota State Arts Board for an Arts Learning Grant. 11 City Council Meeting Minutes April 16, 2013 3 page Z. It was recommended to approve a Sound Amplification Permit for an outdoor event at La Fonda de los Lobos on May 4, 2013. AA. It was recommended to approve a Resolution to temporarily extend the licensed premises of Cuz, Inc. DBA LaFonda de los Lobos located at 3365 Sibley Memorial Highway, BB. It was recommended to approve the Right of Entry Agreement with CSM Eagan, L.L.C. and authorize the Mayor and City Clerk to execute the agreement. PUBLIC HEARINGS There were no public hearings to be heard. There was no old business to be heard. OLD BUSINESS NEW BUSINESS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION (DAKOTA PATH) — HUNTER EMERSON Mayor Maguire introduced the item noting there are five actions to be considered, and provided an overview of the procedures and expectations for dialogue between the Council, developers, audience members and staff. Mayor Maguire noted, with direction from the City Attorney Dougherty, it is in the best interest of the City to act on the various applications regarding Dakota Path in the following order: Environmental Impact Statement, Preliminary Planned Development, Comprehensive Guide Plan Amendment, Rezoning and Preliminary Subdivision. City Administrator Osberg noted an application was submitted by Hunter Emerson fora proposed development on approximately 79 -acres for residential use with 170 single - family lots. Osberg noted there are five actions to be considered and gave a brief description on each of those actions. City Planner Ridley gave a staff report. Beth Bartz, with SRF Consulting, gave an overview of the Environmental Assessment Worksheet (EAW), Findings of Fact and Conclusions, and was available for questions. Rob Zakheim, representing the property owners of Parkview Golf Club, noted the history of Parkview Golf Club and provided an update on the 2012 status of Parkview. Developer Kurt Manley gave a brief summary of the features of the proposed development. The Council discussed the issues. Mayor Maguire noted the concern with the buffer area around Lebanon Hills Regional Park had been resolved with Dakota County. The Council directed staff to work with the City Attorney to add a condition regarding the conservation easement to the Preliminary Planned Development and Subdivision. Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the Council with their questions, comments or concerns about the proposal: Pat Campbell, 4716 Pebble I• City Council Meeting Minutes April 16, 2013 4 page Beach Way, Bill Cutter, 4680 Fairway Hills Drive, Steve Watson, 4144 Durham Court, Barry Wallin, Jeff Varela, David Holman, Mark Skweres, 4616 Fairway Hills Drive, Kimberly Bache, 4591 Horizon Circle, Rick Shefchik, Lyn Romberg, 4688 Fairway Hills Drive, Larry Poppler, 4608 Fairway Hills Drive, Nancy Lucas, 4601 Fairway Hills Drive, Patricia Cummens, 4675 Parkridge Drive, Christie Soderling, 4657 Parkcliff Drive, Jeff Ballif, 4623 Parkridge Drive, Dwight Palmi, 4750 Cypress Point Road, Joseph Miller, 4640 Fairway Hills Drive, Tom Lucus, 4601 Fairway Hills Drive, Kathleen Brown, 1386 Camelback Drive, Sue Solardo, 4616 Fairway Hills Drive, Amy Marble, 4624 Fairway Hills Drive, Mike Hager, 4648 Fairway Hills, Dennis Urabe, 1273 Carlson Lake Lane, Diane Rother, 1387 St. Andrew Blvd, Emilio Fedeli, 1357 Lakeside Drive, Amy Cutter, 4680 Fairway Hills Drive, Merideth Huse, Erick Jensen, 4614 Parkridge Drive.Keith & Sheila Hittner, 4705 Hittner Pointe, Loreen Ingram, Ruthe Batulis, President -DCR Chamber of Commerce, Nick Spalding, Joyce Myers, 513 Severn Way, Summer Lane, spoke in favor of the proposed development. Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City Administrator Osberg and City staff responded to all questions raised by residents during the public testimony. There being no further comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the proposed development. City Attorney Dougherty gave a summary of the legal history with regard to similar development proposals. Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt a Resolution stating the City's findings for a Negative Declaration on the need for an Environmental Impact Statement (EIS) for the approximately 79 acre Parkview site located at 1290 and 1310 Cliff Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for 170 single - family dwelling units upon approximately 79 acres located at 1310 and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road, subject to the following conditions: Aye: 4 Nay: 1 ( Councilmember Bakken opposed) 1. This Agreement is not effective unless and until the City Council has approved the Comprehensive Guide Plan amendment and rezoning of the Property to allow for this development. 2. The property shall be platted. 3. The value of the outlots shall be apportioned to the adjacent lots throughout the development. 4. A homeowner's association shall be established for this development. All common property and open space should be conveyed to and maintained by the homeowner's association, as well as any monument signs or other common amenities. All common lots should be deeded to the homeowner's association. 5. Ownership and maintenance of the swimming pool, tot lot, and any community buildings shall be the responsibility of the homeowner's association. 6: If the applicant desires the outlots to be a conservation area, such protection shall be provided through covenants or an open space plan in the form acceptable to City Attorney. Such documents shall be provided at the time of Final Planned Development and Final Subdivision. 7. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood 0 City Council Meeting Minutes April 16, 2013 5 page 8. The applicant should give consideration to utilizing universal design for the homes to help attract and retain a more balance mix of households into the future by creating buildings that are accessible and functional to accommodate residents of many ages, heights and physical abilities. 9. This Preliminary Planned Development shall have a term of seven (7) years. 10. The Owner and Developer should give consideration to architectural design such as all sides of the buildings having an equally attractive or the same finish, use of a variety of home exterior finishes and appearance to minimize duplication of exterior architecture, materials and colors. 11. The existing Conditional Use Permits pertaining to the monopole shall be terminated. 12. A. e� The mnepele and Felate,ed equipment shall be Femoyed frelm the site. Of --The monopole and related equipment may remain on the site as existing at the time of Preliminary Planned Development. a) Prior to Final Subdivision, the applicant shall have obtained approval for a land use amendment to Quasi - Public for proposed Lot 1, Block 4. b) The Final Planned Development shall show the parcel containing the monopole and related equipment as a Public Facilities use. c) The following conditions shall apply to the monopole: i. A 110 -foot communication monopole and related equipment shelters and cabinets are permitted as existing at the time of Planned Development approval. ii. The monopole and all communication equipment shall be maintained. iii. Collocation opportunities for other wireless service providers shall be made available, if technologically feasible. iv. A detail landscaped plan for the equipment and monopole should be provided at the time of Final Planned Development. v. The monopole shall be subject to the performance standards in Section 11.70, Subd. 26, of the City Code. er G. The menepele shall maintain a 300; setbael(from all residential lots, beth existing and The Final Subelffiv*s4en and Pinal Planned Development shall exclude Fesidential lots within 300' of . thth°rrtp. tAwp - 13. Lots meeting the R -1 minimum dimensional standards of 85' width and 12,000 s.f. area shall be subject to R -1 zoning standards. Those lots meeting the R -1S minimum standards of 65' width and 8,000 s.f. area shall be subject to R -1S zoning standards. 14. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to adjacent houses shall be provided in accordance with City Code standards. 15. Prior to Final Planned Development and Final Subdivision, the applicant shall verify that the placement of landscaping does not interfere or conflict with utilities and stormwater facilities. 16. This development is subject to the City's post construction requirements (City Code §433) for stormwater management and surface water quality. The following Development Conditions shall apply to Water Quality: a. Volume Control: The first one -half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment runoff rates for the 1) 50 %, 24 -hour storm; 2) 10 %, 24 -hour storm; 3) 1 %, 24 -hour storm. Vo City Council Meeting Minutes April 16, 2013 6 page d. Pond Design Requirements: All pond design specifications shall conform to the current National Urban Runoff Program standards. In addition, the following are required: i. There shall be a forebay area in each pond to provide fine -sand sized particles to settle, unless the City determines this requirement is not feasible on a site by site basis. ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there shall exist a ten -foot wide bench starting at the Structural Control Elevation (SCE) with side slopes no steeper than ten feet horizontal to one foot vertical (10:1) for safety considerations. iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets. iv. A minimum of 15- foot -wide unobstructed access path capable of supporting inspection and maintenance equipment, for access to all ponds /basins, and inlets and outlets. v. The property owner shall grant the City an easement providing unobstructed City access to the stormwater facility for inspection and maintenance purposes. 17. Any mechanical equipment for the community swimming pool shall be enclosed within a building and for any equipment that cannot be located within a building; such equipment shall be screened and buffered from adjacent residential lots and the public right -of -way. 18. Any monument or neighborhood identification signs shall be subject to City Sign Code standards. Any such signs shall be consistent in design throughout the development, and sign plans shall be provided at the time of Final Planned Development. 19. Lighting shall be provided per City Code standards at the community swimming pool as necessary to provide for security, safety and traffic circulation. 20. The Final Landscape Plan shall provide a greater vegetation buffer to the residences and yards along Dakota Path. 21. This development shall be subject to an agreement, in a form acceptable to the City Attorney, between the homeowners association and the City providing for the perpetual maintenance of any landscaping within the right -of -way center island median by the homeowners association. 22. A financial guarantee for the landscaping shall be provided at the time of Final Subdivision. The guarantee shall cover two calendar years following satisfactory completion. 23. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve - hundred #eta¢ sixty -one (1,261) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 24. The applicant shall work with the City Forester to review potential tree preservation versus utility /trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust tree removal and tree mitigation calculations accordingly. 25. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 26. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 27. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity, size, species, and location) installed per each lot /common area. Annual reports shall be prepared by a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees and tree health. A follow -up report shall be submitted one -year after tree mitigation installation City Council Meeting Minutes April 16, 2013 7 page documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is not alive and viable one year after planting shall be replaced with a comparable tree. 28. The Development shall satisfy the Park Dedication as follows: a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park f ^r the pUrpE) Qty, as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of the City Council packet. b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the development. c. The provision of recreational amenities within the Development consistent with the approved plan. In recognition, the City shall grant a 25% credit towards the dedication. 29. The Development shall satisfy the Trail Dedication as follows: a. Construct a multi - purpose trail built to City standards along the proposed Dakota Path (approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15 per lineal foot. b. Secure the appropriate permits and approvals for the construction of a paved trail connection to Lebanon Hills Park within an existing pipeline easement (approximately 1200 feet). In recognition the City would grant a credit equivalent to $15 per lineal foot. c. The balance of the Trail Dedication due would be satisfied with a cash payment. 30. The Developer shall provide a conservation easement to the City or Dakota County to preserve the landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park. Councilmember Fields moved, Councilmember Hansen seconded a motion to implement a Comprehensive Guide Plan Amendment changing the land use designation from PR, Private Recreation, to LD, Low Density residential, upon approximately 79 acres located at 1310 and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road. Mayor Maguire recommended voting for this item by roll call. Executive Assistant Stevenson called the roll with the following results: Councilmember Bakken — No, Councilmember Fields — Yes, Councilmember Hansen — Yes, CouncilmemberTilley — Yes, Mayor Maguire —Yes. Aye: 4 Nay: 1 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Rezoning from P, Park, to PD, Planned Development upon approximately 79 acres located at 1310 and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road. Aye: 4 Nay: 1(Councilmember Bakken opposed) Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Dakota Path) to create 170 lots and 9 outlots upon approximately 79 acres located at 1310 and 1290 Cliff Road, south of Cliff Road and east of Pilot Knob Road, subject to the following conditions: Aye: 4 Nay: 1 ( Councilmember Bakken opposed) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, C3, D1, and E1. 2. The property shall be platted. 3. Outlot C shall be platted as a lot at the time of final subdivision. 4. Prior to Final Subdivision approval, the City Council must make a determination on the EAW as to whether an EIS is necessary. 5. The value of the outlots shall be apportioned to the adjacent lots throughout the development. \a City Council Meeting Minutes April 16, 2013 8 page 6. A homeowner's association in a form acceptable to the City Attorney, shall be established for this development. All common property and open space shall be conveyed to and maintained by the homeowner's association, as well as any monument signs or other common amenities. All common lots shall be deeded to the homeowner's association. 7. Ownership and maintenance of the swimming pool, tot lot, and any community buildings, if included, shall be the responsibility of the homeowner's association. 8. If the applicant desires the outlots to be a conservation area, such protection should be provided through covenants or an open space maintenance plan, in a form acceptable to the City Attorney. Such documents shall be provided at the time of Final Planned Development and Final Subdivision. 9. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTfH within the neighborhood. 10. Where parking lots exist, such as for the swimming pool, landscape buffers to public streets and to adjacent houses shall be provided in accordance with City Code standards. 11. Prior to Final Subdivision and Final Planned Development, the applicant shall provide verification to the City Engineer that the placement of landscaping does not interfere or conflict with utilities and stormwater facilities. 12. This development shall comply with the current Water Quality and Wetland Management Plan (2007), along with the City Code storm water management regulations ( §4.33) and wetland protection and management regulations ( §11.67). 13. This development is subject to the City's post construction requirements (City Code §4.33) for stormwater management and surface water quality. The following Development Conditions shall apply to Water Quality: a. Volume Control: The first one -half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. b. Total phosphorus (TP) & Total suspended solids (TSS) Control: There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. c. Runoff Rate Control: This development's stormwater facilities must maintain predevelopment runoff rates for the 1) 50 %, 24 -hour storm; 2) 10 %, 24 -hour storm; 3) 1 %, 24 -hour storm. d. Pond Design Requirements: All pond design specifications shall conform to the current National Urban Runoff Program standards. In addition, the following are required: L There shall be a forebay area in each pond to provide fine -sand sized particles to settle, unless the City determines this requirement is not feasible on a site by site basis. ii. Side slopes shall not exceed three feet horizontal to one foot vertical (3:1) and there shall exist a ten -foot wide bench starting at the Structural Control Elevation (SCE) with side slopes no steeper than ten feet horizontal to one foot vertical (10:1) for safety considerations. iii. A ten -foot wide maintenance bench above the SCE, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all pond inlets and outlets. iv. A minimum of 15- foot -wide unobstructed access path capable of supporting inspection and maintenance equipment, for access to all ponds /basins, and inlets and outlets. v. The property owner shall grant the City an easement providing unobstructed City access to the stormwater facility for inspection and maintenance purposes. 14. Any mechanical equipment for the community swimming pool shall be enclosed within a building and for any equipment that cannot be located within a building; such equipment shall be screened and buffered from adjacent residential lots and the public right -of -way. �3 City Council Meeting Minutes April 16, 2013 9 page 15. Any monument or neighborhood identification signs shall be subject to City Sign Code standards. Any such signs shall be consistent in design throughout the development, and sign plans shall be provided at the time of Final Planned Development. 16. Lighting shall be provided per City Code standards at the community swimming pool as necessary to provide for security, safety and traffic circulation. 17. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 18. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 19. The applicant shall provide the City with a soil- boring log below each infiltration area, with data to a minimum of 6' below the lowest excavated elevation. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 20. The applicant shall provide construction details of proposed infiltration areas for City review and approval (cross- section, construction / protection / sequencing notes, sizing /volume tables, planting details, etc.), to ensure infiltration areas are properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 21. The applicant shall provide construction details of proposed stormwater basins for City review and approval (cross- section, construction / protection / sequencing notes, sizing /volume tables, planting details, etc.), to ensure stormwater basins are properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). 22. The applicant shall provide adequate pre- treatment (street -side catch -basin sumps and /or forebays) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all basins and infiltration areas that receive direct impervious runoff. 23. The applicant shall provide the City as -built plans, in a form acceptable to the City Engineer, that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention & detention shall be provided for all stormwater facilities. 24. A ten -foot wide maintenance bench above the Structural Control Elevation (SCE) on all basins, with a slope no steeper than ten feet horizontal to one foot vertical (10:1), shall be provided as directed by the City and shall be sufficient to access all basin inlets and outlets with typical excavation equipment. 25. Developed conditions (grading, private utilities, landscaping, etc.) must allow a minimum of 15 -foot- wide unobstructed equipment access path, from street -edge to all stormwater facilities, at a maximum slope of 15 %. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for access to all basins and infiltration areas, including unobstructed maintenance equipment access to inlet and outlet areas. 26. All construction traffic associated with this development shall access and exit the site only via the Cliff Road access. 27. Dakota Path shall be signed 'no parking'. 28. The concrete sidewalk proposed within public right -of -way shall be a minimum of six (6) feet in width. 1 `� City Council Meeting Minutes April 16, 2013 10 page 29. The property owner shall grant the City easements, in a form acceptable to the City Attorney, providing unobstructed City access to stormwater facilities for inspection and maintenance purposes. 30. This development shall dedicate drainage & utility easements over the stormwater basins and infiltration areas to three feet in elevation above the calculated high water level (1% event) of those stormwater facilities, or two feet in elevation above the calculated high water level (1% event) where emergency overland flow is provided in accordance with City Engineering standards. 31. This development shall dedicate public drainage & utility easement over all public sanitary sewer, water main, and storm sewer pipes at a minimum width of 20 feet. 32. This development shall be responsible for abandonment of all well systems in accordance with City and County requirements. 33. This development shall be subject to an agreement, in a form acceptable to the City Attorney, between the homeowners association and the City providing for the perpetual maintenance of any landscaping within the right -of -way center island median by the homeowners association. 34. The applicant shall submit a revised Tree Mitigation Plan that indicates the installation of twelve - hundred fe y sixty -one (1,240) (1,261) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 35. The applicant shall work with the City Forester to review potential tree preservation versus utility /trail installation conflicts for trees numbered 29, 30, 31, 34, 228, 229, 230, and 433 and adjust tree removal and tree mitigation calculations accordingly. 36. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 37. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 38. The applicant shall submit an annual Tree Mitigation Compliance Report detailing the tree mitigation progress. Said report shall include maps and lists of all required tree mitigation (quantity, size, species, and location) installed per each lot /common area. Annual reports shall be prepared by a consultant that has a qualified landscape architect or certified arborist knowledgeable with trees and tree health. A follow -up report shall be submitted one -year after tree mitigation installation documenting the condition of all mitigation trees planted in that cycle. Any mitigation tree that is not alive and viable one year after planting shall be replaced with a comparable tree. 39. The Development shall satisfy the Park Dedication as follows: a. Dedicate approximately 4 acres of property contiguous to George Ohmann Park f ^r the purpose Cam, as depicted on Exhibit A which was received on April 10, 2013 and included on page 146 of the City Council packet. b. Cash payment equivalent to 25% of what would otherwise be a full cash dedication for the development. c. The provision of recreational amenities within the Development consistent with the approved plan. In recognition, the City shall grant a 25% credit towards the dedication. nn Tho Development shall +isf-y the Park Dediemien as fell. ws- purpose ef expanding eemmunity FecFeational opportunities Gens.stent with the eeneept .,I +h the rl+„ C5 City Council Meeting Minutes April 16, 2013 11 page b. Cash to 0 payment equ de ele nt 0 be te the ARC feF a new heaFing and subsequent i eensideFation..."Z - IT plan shall submitted publie the r•+„ r„ eil 40. The Development shall satisfy the Trail Dedication as follows: a. Construct a multi - purpose trail built to City standards along the proposed Dakota Path (approximately 1500 feet). In recognition, the City would grant a credit equivalent to $15 per lineal foot. b. Secure the appropriate permits and approvals for the construction of a paved trail connection to Lebanon Hills Park within an existing pipeline easement (approximately 1,200 feet). In recognition the City would grant a credit equivalent to $15 per lineal foot. c. The balance of the Trail Dedication due would be satisfied with a cash payment. 41. The Developer shall provide a conservation easement to the City or Dakota County to preserve the landscape and trees to be installed in the buffer area adjacent to Lebanon Hills Regional Park. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 1:25 a.m. Aye:5 Nay:0 Date Mayor Clerk �0 Agenda Information Memo May 7, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Engineering, Forestry and Utilities: Name Division Job Title Borchardt, Brandon Engineering Engineering Intern Scipioni, Andrew Engineering Engineering Intern Salquist, Dustin Forestry Forestry Technician Landscape Crew Boursell, Joseph Forestry Laborer Landscape Crew Perez, Timothy Forestry Laborer Koppang, Andrew Parks Ballfield Attendant Jungers, David Parks Park Laborer Loesch, Jacob Parks Park Laborer Marks, Ryan Parks Park Maintenance Schoenecker, Thomas Parks Park Maintenance Seiz, Abraham Parks Park Maintenance Chastain, Conlan Parks & Rec Softball Concessions Baldwin, Patrick Utilities GIS Seasonal Water VonBank, Jay Quality Water Resources Intern �9 Agenda Information Memo May 7, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated April 5, 12 and 26, 2013 as presented. ATTACHMENTS: • Check registers dated April 5, 2013 are enclosed without page number • Check registers dated April 12, 2013 are enclosed without page number • Check registers dated April 26, 2013 are enclosed without page number Agenda Memo May 7, 2013 Eagan City Council Meeting D. Approve resolution authorizing $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A, related to the Cedar Grove Redevelopment District, and setting date of sale for May 21, 2013. ACTION TO BE CONSIDERED: To approve the resolution authorizing the issuance and sale on May 21, 2013 of $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A, related to the Cedar Grove Redevelopment District. FACTS: • In connection with the Paragon Outlets development project in the Cedar Grove Redevelopment District, the City Council has approved construction of a municipal parking structure adjacent to the outlet stores. • The estimated cost of the parking ramp project is $20 million. By agreement, Paragon is contributing $4.2 million up front for the project. In addition, the net proceeds of the Paragon property sale will be used to further reduce the size of the bond issue. • The bonds are proposed to be sold as taxable. The bonds' taxable status allows the City flexibility in future negotiations for contributions toward parking from buyers of the adjacent outlots awaiting development. Steve Rosholt, the City's bond counsel, was not comfortable, given the City's hopes to receive such contributions, that these bonds could be represented as tax - exempt. • The Finance Committee met on April 24 and recommended the bonds be issued as proposed. • A tax levy will not be required for the bonds, which will be repaid with tax increment generated from the Cedar Grove TIF district. • Staff will work with Springsted to coordinate a review of the City's bond ratings with Moody's and Standard & Poor's ratings agencies. • The sale is scheduled to take place through competitive bids on May 21; bid results will be presented to the Council at its regular meeting that evening. ATTACHMENTS: • Resolution authorizing issuance and sale of the bonds is on pages a0 through Da . • Sale recommendations memo from Springsted is attached on pages (3-9> through X 11 Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Eagan, Minnesota, was duly held in the City Hall, in said City on Tuesday, May 7, 2013, at 6:30 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION TO ISSUE AND SELL $12,565,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council deems it necessary and expedient to issue and sell $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Bonds ") to provide financing for part of the cost of constructing a parking ramp in the Cedar Grove Redevelopment Area pursuant to Minnesota Statutes, Section 469.178 and Chapter 475. 2. The City will conduct a limited competitive sale of the Bonds and sealed proposals for such Bonds will be received until 11:30 o'clock A.M. on Tuesday, May 21, 2013 at the offices of Springsted Incorporated. The City Council will meet at the City Hall at 6 :30 o'clock P.M. on the same day for the purpose of considering the proposals and negotiating the sale of the Bonds. The terms of the Bonds and the sale thereof shall be substantially as set forth in the Terms of Proposal on file in the office of the Finance Director. ao 3. The City has retained Springsted, Incorporated, an independent financial advisor, in connection with the sale as authorized by Minnesota Statutes, Section 475.60, Subd. 2(9), as amended. Adopted by the City Council on this 7th day of May 2013. The motion for the adoption of the foregoing resolution was made by Councilmember seconded by Councilmember , and upon vote being duly taken thereon, the following voted in favor thereof: and the following voted against the same: and the following were absent: WHEREUPON, said Resolution was declared duly passed and adopted the 7th day of May 2013. a� Mike Maguire, Mayor Christina M. Scipioni, City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the above and foregoing Resolution No. is a true and correct copy of the Resolution as adopted by the City Council of the City of Eagan on the 7th day of May 2013. dmsms.51963581.01 City Clerk • "` City of Eagan, Minnesota Recommendations for Issuance of Bonds $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A The Council has under consideration the issuance of bonds to fund the construction of a parking ramp as related to the development of an outlet mall located in the City's Cedar Grove Redevelopment Area. This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. May 7, 2013 May 7, 2013 Week of May 13, 2013 May 21, 2013,11:30 a.m. May 21, 2013, 6:30 p.m. June 13, 2013 Council sets sale date and terms Public hearing held to amend the TIF budget Rating conferences are conducted and receipt of ratings Competitive proposals are received Council considers award of Bonds Proceeds are received RATING: Applications will be made to Moody's Investors Service and Standard & Poor's Ratings Services for ratings on the Bonds, The City's general obligation debt is currently rated "Aaa" by Moody's and "AA +" by S &P. THE MARKET: Interest rates for the taxable municipal market are quoted as a spread to U.S. Treasury Securities, To give you an indication of the relative position of that market, the chart below tracks the yield of the 10 -year and 30 -year U.S. Treasury over the last five years. BBi 25 -bond (Revenue) and 20 -band (G.O.) Rates for 5 Years Ending 412512013 6.5% 6.0% 6,6% 0 5.0% QS 4 -,5% 4.0% 3:5% 3.0% �naaw , a s�p��PaaIfa�4 ae���Nab�`�a,o�Anallob \`�aN� pal`e'd C) a� 'P 40 �`S ���a,�`'`�ao ,e � � " _ - - -- BB125 Bond °'BBI20 Band Dates Prepared by Springsted Incorporated PURPOSE: The City has entered into a development agreement with Paragon Outlets Eagan LLC (the "Developer ") to develop an approximately 410,000 square foot outlet retail shopping center. As part of the development, a parking ramp that will provide at least 1,543 parking stalls will be constructed (the "Parking Ramp "), of which 1,114 stalls will be available to the Developer, Proceeds of the Bonds are being used to finance the Parking Ramp, The total projected cost of the Parking Ramp is $20 million. The bonding amount is reduced by (i) a $5 million City contribution from land sale proceeds and (ii) prepaid assessments of $4,225,000 received from the Developer, Pursuant to an operating agreement between the Eagan Economic Development Authority (the "EDA ") and the developer, the EDA agrees to manage the operation and maintenance of the Parking Ramp, It has been determined by bond counsel that the Bonds will be taxable as the proceeds of the Bonds are being used for private use and it is expected that the City will receive direct or indirect private payments for use of the facility, Taxable bonds mean that the interest received by bond investors will be subject to federal and /or state income taxation, Taxable bonds will yield higher interest rates than tax - exempt bonds, AUTHORITY: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475, SECURITY AND The Bonds will be general obligations of the City secured by its full faith and credit and SOURCE OF taxing power, PAYMENT: The Bonds are expected to be repaid with tax increment revenues derived from the City's Cedar Grove Tax Increment District No, 1, Tax increment revenue is projected to be collected over a term of 15 years with first collection beginning in 2015. Capitalized interest, which has been funded with prepaid assessments, will be used to make the interest payments on the Bonds through February 1, 2015, Thereafter, beginning with the August 1, 2015 interest payment, collection of tax increment revenues will be used to make the debt service payments as they become due. The City does not expect to levy taxes to pay debt service on the Bonds Springsted has relied on the tax increment projections prepared by Ehlers, Inc. and has not independently verified those projections. STRUCTURING Principal repayment for the Bonds has been structured around the projected tax increment SUMMARY: revenues to provide for even annual cash flow surplus over the expected life of the tax increment district or a term of 15 years. Since collection of tax increment revenues does not begin until 2015, the Bonds have been structured with interest only payments through August 1, 2015, SCHEDULES Schedules attached include the sources and uses of funds and a net debt service ATTACHED: schedule. RISKSISPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions, SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and /or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bonds maturing on or after February 1, 2024 may be prepaid at a price of par plus accrued interest on or after February 1, 2023. Springsted D° Page 2 POST ISSUANCE The issuance of the Bonds will result in post- issuance compliance in regard to secondary COMPLIANCE: disclosure requirements. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement, Springsted currently provides continuing disclosure services to the City under a separate contract. A contract amendment adding these issues will be provided to City staff, SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions INFORMATION AND of sale, comprehensive structuring schedules and information to assist in meeting post - BOND RECORD: issuance compliance responsibilities, Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. pg seed, aS Page 3 $12,565,000 City of Eagan, Minnesota Taxable General Obligation Tax Increment Bonds, Series 2013A Sources & Uses Dated 06101/2013 i Delivered 06101/2013 Sources Of Funds Par Amount of Bonds ............................................................................................................. ............................... $12,565,000.00 City contribution - Land Sale Proceeds .................................................................................. ............................... 5,000,000.00 PrepaidAssessments ............................................................................................................ ............................... 4,225,000.00 TotalSources ....................................................................................................................... ............................... $21,790,000.00 Uses Of Funds PrimaryPurpose Fund ............................................................................................................ ............................... 20,000,000.00 Design and Feasibility Expenses ............................................................................................ ............................... 999,300.00 Deposit to Capitalized Interest (CIF) Fund ............................................................................... ............................... 500,770.83 Total Underwriter's Discount (1. 500%) ................................................................................. ............................... 188,475.00 Costsof Issuance .................................................................................................................. ............................... 72,750.00 RoundingAmount ................................................................................................................... ............................... 28,704.17 Total Uses .................. 2013'/'XBL GO TIGRonds I SINGLE PUR POSE 1 412612013 1 8:36. AM 3—, $21,790,000.00 Page 4 Q M O N N U) O'^^ 0 V! ^' C C m CC� E G 0 � C Lo (li x N F� (f} W 0 4-- O U0 L C Q X (6 I- W 'CZ LU LLB W U W m W W Z M 0 0 0 0 0 0 0 0 0 0 O O O O O O M w N u) � u) O O O O O N w O N u) O w w N N N N I: O ui vi 0 u) � 1- 0 N N ui V) O w w r 0 m N V' w V' w u) h V' h w ` M V_ 'V r r w O h w m h V' M V' V' N o Cl o O) 04 � N a) 00 0) V' h w h V' ,N o 0 0 m W w f� (0 V (� O< w N m w C N M M N N N N N N N N r r c o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 p ' 0 0 0 0 0 0 00 0 0 0 0 0 0 0 Q u)Gn n n(n0 3 I� m w m N V' (q w m O r N M p o o r r r cV (V N (V cV ai M M OM U I w w w M O u) u) N u) (M (M O w w u) O M OJ M w N�rl-i h h w w (O M OR h V' m O W M (D u) (Y) u) N N V' 00 00 u) d' y t Ohi rn N V 000 M M -J, 'It N V r V (M M a 'U M N O cr O V 0) M M N N m M m (V 00 y Cl) M co M M Cl) M (M M In M co Cl) M M r-� n. r h h h w w w w w m m m m 0 0 u) m` r (4 O O o 0 0 0 0 0 0 0 o 0 0 0 0 O O Q O O o 0 0 0 0 0 o O o 0 0 0 0 0 N o of 00 OD 00 00 OD W OD 00 00 00 00 00 00 N p (o 0)mmmmmmmmmmmmm M v u y ~ Vvmmmmmmmmmmmmmm 00 (o l() (o (o (o (o (o u) u) u) to U) N L0 V V V V N s� 0�0 V V V V O zHm°¢ T I I M M M M O (n (n (n (h 00 00 O M MLf) O > w r w M N N N N N M M u) w r N (n 0) u> 00 h 00 N 00 N N (M 0) W M 00 w 00 O V' w 0) u) u) ct m u) 0) u) h O y VL O h V' (O N u) O (7 h w N (n V > O V' M u) r to r o N N Cl) M w N w (o O M M M M M M M M M M M M M M 0) h or N (0 r r r r r r r r r r r r r M m o i» I o 0 0 0 0 o o o 0 O 0 0 0 0 0 0 m N w u) 0 0 0 0 0 N N O u) N O O (V (V N h o i ) u ) h 1` o (i u �7rwW )0r�0 vv V O !p d r-oow °mrwC3wrti0tioro r rn Z 00r 00 000000 0ooO (n LS r r r r r r r r r r r r r v^, M O I I I I I I I I I I I I I I I M M N w - U M h N M (0 M O O O O O O O 0 0 0 0 0 0 0 0 0 M M w Lo u) 0 L 0 0 0 0 0 N N O V) u) O OR W (V (V N (V u) u) (C) u) 1- o N (V ui O d M O r r (p m r d' M V' V m (a 0 0 0 0) r h r � N w W 0) m V 00 h! 0) O O w h 00 h w w h h h h w h w h 0) m 0 N M V' C C 0 C C C 0 0 0 C 0 C C C � O F- r - r r r r r r r r r r r o (R M 0 0 0 0 0 0 0 0 0 0 O O O O O O M w N u) � u) O O O O O N w O N u) O w w N N N N I: O ui vi 0 u) � 1- 0 N N ui V) O w w r 0 m N V' w V' w u) h V' h w ` M V_ 'V r r w O h w m h V' M V' V' N o Cl o O) 04 � N a) 00 0) V' h w h V' ,N o 0 0 m W w f� (0 V (� O< w N m w C N M M N N N N N N N N r r c o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 p ' 0 0 0 0 0 0 00 0 0 0 0 0 0 0 Q u)Gn n n(n0 3 I� m w m N V' (q w m O r N M p o o r r r cV (V N (V cV ai M M OM U 0 N M d' M w h w m 0 N N N N N N N N N N M 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 O y N N N N N N N N N N N N N N N N N F- a a a 0 0 0 0 0 a s a a a a a 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 prjnfisted Q-1 M M V' 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '1. 0 o 0 0 O O 0 0 0 0 0 0 0 0 0 0 S. 0 0 O R 0000000000000000 000000000000088 O a 'U o 0 0 0 0 0 0 C 0 0 C C C 0 C 000m00ou)u)ou)u)oow w w m m N d' (0 h O N (O w V' m 'w ~ r h h h w w w w w m m m m 0 0 u) p` r (4 0 N M d' M w h w m 0 N N N N N N N N N N M 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 O y N N N N N N N N N N N N N N N N N F- a a a 0 0 0 0 0 a s a a a a a 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 prjnfisted Q-1 M M V' r N o 0 o 0 0 ro 'No N N N (0 (I o) O O O o N M O_ to 0o V 0 (0 M 0 OO (0 � ~ o O N N N N N `C ti 4 c U 0 N Page 5 O C1 a ~ N @ V ([) O Z Q V) ¢ Q V) CJ (J v O U O Q ++ p7 J U N N 32 Z N N > @ N N N N C i U s� m¢>¢ zHm°¢ `C ti 4 c U 0 N Page 5 Agenda Information Memo May 7, 2013 City Council Meeting E. APPROVE FIRST AMENDMENT TO THE 2007 CONSENT DECREE WITH THE METROPOLITAN AIRPORTS COMMISSION ACTION TO BE CONSIDERED: To approve the first amendment to the 2007 Consent Decree with the Metropolitan Airports Commission. FACTS: • The Metropolitan Airports Commission (MAC) is implementing the Minneapolis St.- Paul International Airport (MSP) 2020 Improvements Project to accommodate the expected future demand at the airport. • As a result of the increased operations anticipated at the airport by 2020, additional homes will likely be added to the future 60+ Day -Night Level (DNL) noise contours. • All of the homes forecasted to be added to the noise contours are in the City of Minneapolis. There are no homes in Eagan that are forecasted to be added to the contours. • The communities (Minneapolis, Eagan and Richfield) have worked in partnership with the MAC to amend the 2007 Consent Decree to provide noise mitigation to those homes that are added to the 60DNL+ contours for a period of three consecutive years (based on actual noise contours from the previous years). • The amendment to the consent decree proposes that future noise mitigation provided to homes be consistent with the mitigation provided under the 2007 Decree. ATTACHMENTS: • If any member of the City Council would like to view a copy of the Consent Decree amendment (which is quite lengthy), please contact the City Administrator's office. Agenda Information Memo May 7, 2013 Eagan City Council Meeting F. APPROVE a Resolution to proclaim May 18 as Arbor Day and the month of May 2013 as Arbor Month in the City of Eagan ACTION TO BE CONSIDERED: To acknowledge Eagan as the recipient of the 2012 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 18 as Arbor Day and May 2013 as Arbor Month in the City of Eagan. FACTS • Eagan has received the Tree City USA community designation from the National Arbor Day Foundation for the 26th consecutive year. Each year the Parks and Recreation Department conducts an Arbor Daty program which includes participation in a tree planting project. This year the 27t' annual event will be held at the Eagan Public Safety Center. • 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. • To become a Tree City, a community must meet four standards: a tree board or department, a tree care ordinance, a comprehensive community forestry program, and an Arbor Day observance. • Eagan has demonstrated progress in the following forestry activities: Publications, parks and open space, and improved ordinance. • The resolution was recommended for adoption by the Advisory Parks and Recreation Commission on April 17, 2013. • Receiving these awards acknowledges the City's efforts to minimize environmental impact during developments, and adhere to policies such as "Forever Green," aimed to maintain and enhance Eagan's trees and foliage. • This year's Arbor Day Celebration will be held at the relatively new Public Safety Center and will be combined with Eagan Fire Department activities such as tours of the building and fire prevention related presentations. Specific scheduled Arbor Day activities include: 10:00 a.m. — 11:00 a.m. Arrival and Social Hour 11:00 a.m. — 2:00 p.m. Forestry Informational Booth open; visit with Eagan Forestry Staff 11:30 a.m. & 1:30 p.m. Tours of the Fire Safety Center 11:30 a.m. —1:30 p.m. Arbor Day Tree and Landscape Community Planting Project around the storm water storage ponds and near the north woodland area. 12:15 —12:45 p.m. Arbor Day Poster Program - Recognition of 2012 Poster Contest Winner - Announcement of the 2013 Poster Contest Winner 2:00 p.m. Thank You for Coming — Program Ends ATTACHMENTS: • Eagan Arbor Day and Eagan Arbor Month resolution on page 30 • Invitation to event on page L —. W-A 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 a recreational settings, providing habitat for wildlife for 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 out 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 18, 2013 to be ARBOR DAY and the month of May 2013 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: Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7t" day of May, 2013. City Clerk City of Eap (P RU CI'T'Y USA. Celebrate Arbor Day! 27th ANNUAL ARBOR DAY CELEBRATION TO BE HELD AT Fire Safety Center 1001 Station Trail, Eagan, MN 55123 BEGINNING AT 11 :00 A.M. SATURDAY — May 18, 2013 You are invited to join with the City of Eagan as we celebrate Arbor Day on Saturday, May 18, 2013, at the Fire Safety Center (new Fire Station #2). Arbor Day has been celebrated in Eagan since 1987, and was established nationally to emphasize the importance of trees and community reforestation. This year's Arbor Day Celebration will be held at this relatively new fire safety center. This is also an opportunity to view both the inside and outside of this unique building. Make sure to check out the recycled ash wood that was used extensively inside this new building in the hallways, museum and conference room. This wood was recycled from boulevard ash trees that were removed and replaced as part of the city's effort to prepare for the Emerald Ash Borer. This will be a fun - filled family event with activities scheduled to entertain all ages. Scheduled activities: 10:00 a.m. — 11 :00 a.m. Arrival and Social Hour 11:00 a.m. — 2:00 p.m. Forestry Informational Booth open; visit with Eagan Forestry Staff 11:30 a.m. & 1:30 p.m. Tours of the Fire Safety Center 11:30 a.m. —1:30 p.m. Arbor Day Tree and Landscape Community Planting Project - Around the storm water storage ponds and near the north woodland area. 12:15 — 12:45 p.m. Arbor Day Poster Program - Recognition of 2012 Poster Contest Winner - Announcement of the 2013 Poster Contest Winner 2:00 p.m. Thank You for Coming — Program Ends For further information or to volunteer for planting, please contact the Division of Forestry at 651- 675 -5300. Thank you. Paul Olson Superintendent of Parks �1 Gregg Hove Supervisor of Forester Agenda Information Memo May 7, 2013 Eagan City Council Meeting G. DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT JOINT POWERS AGREEMENT FOR TECHNICAL SERVICES ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County Soil and Water Conservation District for Technical Services for Conservation Projects through 2015, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 4, 2012, the City Council approved implementation of a Water Quality Cost -Share Partnership Program (Program). • City staff will direct the Program in accordance with City Council priorities designated in approved Capital Improvement Programs, Lake Management Plans, and Development Agreements. • The Program's purposes are to: 1) Improve water quality in downstream public waterbodies; 2) Reduce stormwater runoff into the storm sewer system and public waterbodies; 3) Preserve, protect and enhance native plant communities around public waterbodies; and 4) Educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. • Up to $50,000 annually is programmed for these improvements in the current 5 -Year Public Works Department Capital Improvement Program (CIP 2013 -2017) and comes from the Stormwater Utility Fund. • Some program proposals may benefit from or require technical assistance from the Dakota County Soil and Water Conservation District (SWCD) related to the planning, design and installation of voluntary conservation practices, on an as- needed and as- available basis. • The purpose of the joint powers agreement is to define the responsibilities and obligations of the SWCD and the City of Eagan for services to be provided by the SWCD to the City. Agenda Information Memo May 7, 2013 Eagan City Council Meeting H. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June 2013 as Eagan Lakes Appreciation Month, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds greater than 1 acre that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in stormwater and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean -up days at their nearest water body. ATTACHMENTS: • Proclamation, page �� '3 2) CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2013 WHEREAS, Eagan has more than 350 lakes and ponds that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lake aquatic habitats and recreational values by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to hold clean -up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2013 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL, By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, 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 7t" day of May, 2013. Christina M. Scipioni, City Clerk :6,4 Agenda Information Memo May 7, 2013 Eagan City Council Meeting CONSENT AGENDA I. MAY 19 -25, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 19 through May 25, 2013, as Public Works Week, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can energize and educate the public on the importance of the contribution of public works to their daily lives: planning, building, managing and operating the heart of our local communities and building the quality of life. • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our City's biannual Community Services Open House. Many State Governors and City Councils throughout the nation historically have take time to help raise the public's awareness of and confidence in public works issues. • APWA has selected "Because of Public Works..." as its theme for 2013's National Public Works Week. The theme is about the quality of life brought to communities around the world. We are able to have clean water, safe streets and neighborhoods, efficient traffic and safe clean communities 'Because of Public Works." • This proclamation of Public Works Week in Eagan expresses appreciation for the dedication and never- ending effort of public works professionals to use sustainable solutions to bring the City the highest possible quality of life within a framework of environmental, social, and economic responsibility. ATTACHMENTS: • Resolution, page �. V� CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 19 through May 25, 2013 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 19 through May 25, 2013, as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, 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 7th day of May, 2013. Christina M. Scipioni, City Clerk Agenda Information Memo May 7, 2013 Eagan City Council Meeting J. PROJECT 1132, PILOT KNOB ROAD/DEERWOOD DRIVE ENGINEERING & CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve an Engineering and Construction Agreement for Project 1132 (Pilot Knob Road at Deerwood Drive - Signal and Turn Lane Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In the past three years, the Dakota County Transportation Department has installed flashing yellow arrow signals at numerous intersections with existing traffic control signals throughout the City of Eagan. • A flashing yellow arrow on a traffic control signal indicates that left turns may proceed with caution after yielding to oncoming traffic (similar to a Left Turn Yield on a "Green Ball "). There are more opportunities to make a left turn with the flashing yellow left-turn arrow than with the traditional three phase red /yellow /green arrow. • Flashing yellow arrow signals have been shown to help drivers make fewer mistakes. They keep motorists safer during heavy traffic and reduce delays when traffic is light. National studies have demonstrated that drivers find flashing yellow left-turn arrows more understandable than traditional yield -on -green indications (individual traffic signal lights). • Observation by both City and County staff of the operation of intersections where flashing yellow arrows have been installed has indicated positive results for the use of the flashing yellow arrows. The significant reduction in delays through the use of the flashing yellow arrows with consistency in the safety for the traveling public has proven to be very desirable for enhancing the Level of Service (LOS) at these intersections. • Project 1132 proposes the installation of flashing yellow signals at the intersection of Pilot Knob Road (County State Aid Highway 31) at Deerwood Drive, along with the construction of a southbound right turn lane for Pilot Knob Road at this intersection. These improvements have been combined to achieve an economy of scale benefit in design and construction costs. The estimated cost is $100,000. • The flashing yellow arrow signal modification and right turn lane at this intersection was programmed for 2013 in the City of Eagan's 5 -Year CIP (2013- 2017). • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for each agency's cost responsibility for the engineering and construction. As set forth in the agreement, the City's financial responsibility for the engineering costs will be based on the City's share of the final construction costs. • The typical cost participation for this type of traffic signal and turn lane improvements are shared 55 % by the County and 45% by the City. The City's $45,000 total cost would be the responsibility of the City's Major Street Fund. • Public Works staff have reviewed this agreement and found it to be similar to other previous construction project agreements and in order for favorable Council action. 3'] Agenda Information Memo May 7, 2013 Eagan City Council Meeting CONSENT AGENDA K. LOTS 4 and 5, BLOCK 3, KENNERICK 2nd ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements located on Lots 4 and 5, Block 3, Kennerick 2 "d Addition and schedule a public hearing to be held on June 4, 2013. FACTS: • On April 16, 2013, City staff received a petition from the property owner, Brian Thorsen of Thorsen Homes, Inc., requesting the vacation of public drainage and utility easements on Lots 4 and 5, Block 3, Kennerick 2nd Addition. • The purpose of the request is to combine Lots 4 and 5, Block 3, Kennerick 2"d Addition into one lot to be known as Kennerick 4th Addition • The request would vacate all of the perimeter drainage and utility easements. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Kennerick 4th Addition, will dedicate perimeter public drainage and utility easements that will adequately address public drainage and utility purposes. The new plat is also scheduled for Council consideration on June 4, 2013. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page � I • Location Map, page 4D . WPM Rd No Scale 4 5 A 1 / I fT v C.S.A.H. NO. 26 (LONE OAK ROAD) - -��'� ------------------ - - - - -- --------- 1%�.- ........ Proposed Legal Description to Vacate Drainage and Utility Easements-1 All drainage and utility easements lying over, under and across Lots 4 and 5, Block 3, Kennerick Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, as delineated and dedicated on said Kennerick Second Addition Re hloe.: IJ6N1 -13 Eu V—fim Skid, CAD FIIe:113o99 —ESAIT VACA SKETCHAtl q • Projml d : 113099.000 L Folder N: 7538 Drawn by: mdp © 2008 Pioneer Enelncerine 494 M'ND 6TA HEIGHTS EASEMENT N VACATION LOCATION LPG ��JO �f LONE OAK RD. 0 O es J i Z Y ~_ — YANKEE, DOODLE -RD. 28 , J � J ` ' DIF FLEYI. RD.y 3 0 w W, 4;3, 40� CITY OF EAGAN Proposed E asement Vacation Location Map oilyofl;ap Lots 4 & 5, Blk.3, Kennerick Second Addition Fig. 1 4/28/2013 Agenda Information Memo May 7, 2013 Eagan City Council Meeting CONSENT AGENDA L. LOT 1, BLOCK 1, MARI ACRES 2nd ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a public drainage and utility easement located on Lot 1, Block 1, Mari Acres 2nd Addition, and schedule a public hearing to be held on June 4, 2013. FACTS: • On April 23, 2013, City staff received a petition from John Baregi, Holiday Station Stores, Inc., requesting the vacation of a portion of public drainage and utility easement on Lot 1, Block 1, Mari Acres 2nd Addition. • The purpose of the request is to allow the construction of the planned car wash facility on the site of the current gas station (City Proj. No. 13- BP -I). The existing public water main within the easement will be realigned and placed within a new public drainage and utility easement as part of this project. • The request would vacate a portion of an existing drainage and utility easement on the Holiday Station property. The vacation of the easement would allow the placement of the car wash facility in the desired location. • A new easement will be recorded by the property owner, Holiday Station Stores, Inc. The new public drainage and utility easement will adequately address public drainage and utility purposes, specifically the realigned water main. The new easement would be recorded in accordance with the results of the vacation consideration by the City Council scheduled for June 4. • Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page 4a • Location Map, page 4�> . Z ono C � � Y � U0 _O m W � J Q W .J fi L�� EASEMENT VACATION 711 /7_7J7 J1J.J.J.JJ.JJ��L /� 'T - 20 Existing drainage & utility .......................... I.................................. .................................. 139. 00......... ............................... _ easement per plat MARI ACRES 2ND ADDITION Existing drainage & utility i_v i i, L�i.vvr } - easement per plat MARI ACRES 2ND ADDITION 20 Y (,J `J LEGEND ® Easement Vacation 0 15 30 Horizontal ca e in Feet PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION C'4 <( <� CJ The South 5.00 feet of the North 10.00 feet of the East 119.00 feet of the most westerly 139.00 feet of Lot 1, Block 1, MARI ACRES 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Said drainage and utility easement vacation contains ±595 square feet (±0.01 acres). FILE NAME 193801532V601.dwg IPROJ.NO. 193801532 JDPAWN DJR ISURVEY L4 a f� i t s za .. _ r - f; L7 r�y, -- DIFFLEY 30 EASEMENT _ VACATION LOCATION m z o _I 1 1 -� CLIFF —ROAD ` fit 1 t APPLE VALLEY Proposed Easemant Vacation Location Map Fig. 1 lito t f j�9 q❑ Lot 1, Blk 1, Mari Acres 2nd Add. C1tY �l liLL�utl i :User /Engineer /Easement Vacation Graphic/ Mari Acres 4/30/2013 Agenda Information Memo May 7, 2013 Eagan City Council Meeting N. PROJECTS 923/1011, TH 55/149 UPGRADE FINAL DESIGN AND CONSTRUCTION ADMINISTRATION ACTION TO BE CONSIDERED: Approve a Resolution Requesting Technical Services for Final Design and Construction Administration for Projects 923 and 1011 (Trunk Highways 55/149 — Street Improvements) from the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 923 consists of an upgrade to the segment of Highway 149 from the north intersection of TH 55 to the I -494 north ramp intersection from the existing four -lane divided roadway to a five -lane facility (3 lanes in the northbound direction and 2 lanes in the southbound direction). The proposed improvements also include a bituminous trail on the west side of TH 149. • Project 1011 consists of upgrades to the common segment of Highways 55 and 149 from their south intersection to their north intersection from the existing four -lane divided roadway to a six -lane section (3 lanes in each direction). The proposed improvements also include a bituminous trail on the south/west side of this segment of state highway. • City staff has been working closely with MnDOT staff on both of these projects for the past two years. As a result, MnDOT has agreed to provide technical services consisting of final design of the proposed highway improvements and construction administration, including surveying, inspections, and contract management, at no cost to the City, upon receipt of a resolution requesting said services. The value of these technical services is estimated to be about $1,360,000. ATTACHMENTS: • Resolution, page 45. q14 RESOLUTION NO. RESOLUTION REQUESTING TECHNICAL SERVICES FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION TH 149 (TH 55 TO I -494) TH 55 (TH 149 TO TH 149) EAGAN, MINNESOTA WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, this project is consistent with the Council approved City of Eagan Capital Improvement Plan (20013 -2017) and Comprehensive Guide Plan (2000) and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Regional Development Framework; and WHEREAS, this project is near a critically important high volume interstate and state trunk highway in the Metro Region; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides upgrade to the regional transportation system. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan in regular meeting assembled to adopt this Resolution requesting technical services from the Minnesota Department of Transportation consisting of final design and construction administration. Passed and adopted this 7t" day of May 2013. CITY OF EAGAN CITY COUNCIL Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of May, 2013. Christina M. Scipioni 46- Agenda Information Memo May 7, 2013, Eagan City Council Meeting CONSENT AGENDA O. Adopt a resolution accepting a $100.00 donation from an Eagan Citizen ACTION TO BE CONSIDERED: Adopt a Resolution accepting a $100.00 donation from Dolores and John Olsen FACTS: • Mr. and Mrs. Olsen sent a $100.00 donation to the police department on April 10, 2013. • The short correspondence sent with the donation outlines their appreciation for the police department's help after Dolores fell and needed help by an Eagan Police Officer. • The donation is to be used to fund an undesignated program. • Chief McDonald sent a thank you letter to Mr. and Mrs. Olsen. ATTACHMENTS: Thank you letter and resolution on pages q1 to 4,q . L�(0 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Dolores and John Olsen WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Dolores and John Olsen have presented the Police Department with a donation in the amount of $100.00; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Dolores and John Olsen for the gracious and generous donation. ADOPTED this 7th day of May, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: L49 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk POLICE DEPARTMENT April 30, 2013 JAMES MCDONALD Chief of Police Dolores and John Olsen JEFFREY JOHNSON 2061 Park Center Drive # 318 Deputy Chief of Police Eagan, Minnesota 55122 -2596 MIKE FINERAN ROGER NEW DUANE PIKE Dear Mr. and Mrs. Olsen, Lieutenants My name is James (Jim) McDonald and I am the Chief of Police with the Eagan Police Department. I am writing to acknowledge your generous donation which recognizes the 3830 Pilot Knob Road Fork of Officer David Streefland on March 26, 2013, at 2:22 AM. Eagan, MN 55122 -1897 All of us with knowledge of your kind act are humbled. You should know your hard Phone: 651.675.5700 Fax: e: 651 675.5 earned tax dollars are what is used to ensure police personnel are able to provide the TTY: 51.6754.8535 service you experienced by Officer Streefland. Nonetheless, your charity is deeply www.cityofeagan.com appreciated. Thank you, and if we can be of assistance to you in the future, please do not hesitate to contact us. MIKE MAGUIRE XSince Mayor PAUL B AKKEN cDonald CYNDEE FIELDS Police GARY HANSEN Eagan Police Department MEG TILLEY Council Members C/ David Streefland, Eagan Police Officer Eagan Mayor and City Council DAVE OSBERG Dave Osberg, Eagan City Administrator City Administrator File THE LONE OAK TREE The symbol of strength and growth in our community SCE 0 POLICE * u V� Agenda Information Memo May 7, 2013, Eagan City Council Meeting P. APPROVE EXEMPT PERMIT FOR THE EAGAN HIGH SCHOOL SWIM AND DIVE BOOSTER CLUB TO HOLD A RAFFLE ON JUNE 27 OR 30, 2013 AT 1360 CIVIC CENTER DRIVE ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Eagan High School Swim and Dive Booster Club to conduct a raffle on June 27 or 30, 2013 at Cascade Bay, 1360 Civic Center Drive. FACTS: ➢ The Eagan High School Swim and Dive Booster Club has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page 5D (The application is available from the Office of the City Clerk.) �1� RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL SWIM AND DIVE BOOSTER CLUB WHERAS, the Eagan High School Swim and Dive Booster Club has applied for an Exempt Permit to conduct a raffle on June 27 or 30, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan High School Swim and Dive Booster Club to conduct a raffle on June 27 or 30, 2013 at 1360 Civic Center Drive. Motion by: Seconded by: Those in favor: Those against: Date: May 7, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, 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 7th day of May, 2013. City Clerk Agenda Information Memo May 7, 2013, Eagan City Council Meeting Q. APPROVE AUTHORIZATION TO PARTICIPATE IN DAKOTA COUNTY URBAN COUNTY DESIGNATION FOR CDBG AND HOME FUNDING ACTION TO BE CONSIDERED: To defer the City's Metropolitan City Entitlement Status for federal fiscal years 2014 through 2016 and remain a participant in the Dakota County Urban County designation for CDBG, HOME and ESG funding and authorize the Mayor to execute the appropriate documents. FACTS: ➢ The population of the City of Eagan would permit it to be a Metropolitan City and receive its allocation of HUD funding directly. In the past, the City has chosen instead to participate in the Dakota County Urban County designation. ➢ This relationship has permitted the City to rely on the Dakota County CDA to coordinate a number of functions related to these programs and the documentation and compliance steps necessary to conform to HUD standards. As part of this coordination, the City of Eagan is allowed to additionally receive HOME and Emergency Solutions Grant (ESG) funds. Under a City Entitlement Status, only CDBG funds would be available. ➢ ESG Program funds are new to Dakota County. The ESG Program assists individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness. The ESG Program will be administered by the Dakota County Social Services department. If the City of Eagan chooses to participate in the County designation, ESG will be incorporated into the Cooperation Agreement between Dakota County and the City. ➢ This relationship also permits some flexibility among the cities in Dakota County who participate in this designation, in that the CDA can spread and balance certain funding criteria across all of the cities rather than each City needing to meet them individually. ➢ In addition, unlike cities in a number of other counties, Dakota County cities have not needed to hire and maintain separate HRA staff positions for the functions described above. ATTACHMENTS (2): HUD /CDA Deferral Letter, page Ga Resolution Authorizing Participation, page ,at City of Ea�an Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Dave Osberg City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 551 22 -1 81 0 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. May 8, 2013 U.S. Department of Housing and Urban Development Attn. Sara Bergen 920 South Second Street, Suite 1300 Minneapolis, MN 55402 Dakota County CDA Attn. Mark Ulfers 1228 Town Centre Drive Eagan, MN 55123 RE: DEFERRAL OF METROPOLITAN CITY ENTITLEMENT STATUS CONTINUANCE IN THE DAKOTA COUNTY CDBG, HOME, & ESG PROGRAMS Dear Mark and Sara, The City of Eagan, Minnesota has chosen to defer its Metropolitan City Entitlement Status for the federal fiscal years 2014 through 2016. The City has chosen to remain a participant of the Dakota County Urban County for CDBG, HOME, and ESG funding. You will find enclosed a copy of the city's meeting minutes and resolution supporting that decision. Our city has worked closely with Dakota County and the CDA for many years, and we continue to value that cooperative arrangement. Many worthwhile housing and community development activities have been accomplished here, and we look forward to achieving more successes during the next 3 -year period. We also understand that our continued participation with Dakota County strengthens the connection between all cities and townships within the county. Thank you for your valuable service to the residents of Eagan and we look forward to our continued partnership. Sincerely, Dave Osberg City Administrator (651) 675 -5007 dosberg@cityofeagan.com 5 C-)_ CITY OF EAGAN RESOLUTION NO. To Approve the Authorization to Participate in Dakota County Urban County Designation for CDBG, Home, and ESG Funding For Fiscal Years 2014 -2016. WHEREAS, the population of the City of Eagan would permit it to be a Metropolitan City and receive its allocation of HUD funding directly; and WHEREAS, in the past, the City has chosen to participate in the Dakota County Urban County designation; and WHEREAS, the City has worked closely with Dakota County and the CDA for many years, and continues to value that cooperative arrangement; and WHEREAS, the City to relies on the Dakota County CDA to coordinate a number of functions related to these programs and the documentation and compliance steps necessary to conform to HUD standards; and WHEREAS, the relationship with the CDA permits some flexibility among the cities in Dakota County who participate in this designation, in that the CDA can spread and balance certain funding criteria across all of the cities rather than each City needing to meet them individually; and WHEREAS, unlike cities in a number of other counties, Dakota County cities have not needed to hire and maintain separate HRA staff positions for the functions described above; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that the City is electing to defer the City's Metropolitan City Entitlement Status for federal fiscal years 2014 through 2016 and remain a participant in the Dakota County Urban County designation for CDBG and HOME funding. ADOPTED by the Council this 7th Day of May, 2013. ATTEST: Christina M. Scipioni, City Clerk Mike Maguire, Mayor !S3 Consent Agenda Information Memo May 7, 2013 Eagan City Council Meeting R. PROPERTY MAINTENANCE SERVICES FOR 2013 — CITY OF EAGAN ACTION TO BE CONSIDERED: To APPROVE the pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and /or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2013 services. These are being presented to the City Council for their consideration of approving contractors for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November 6, 2008 amended City Code Sec. 10.01 regarding storage, deposit and disposal of refuse, and allows the City to abate public health and safety nuisances by disposing of refuse abandoned on a property. City Code Sec. 10.51 allows the City to abate nuisances by disposing of junk furniture, household furnishings and appliances abandoned outdoors on property. ➢ Property owners of record are billed for the services provided and costs are assessed against the property if the bills are unpaid. ATTACHMENTS: (1) Listing of Consultant Service Pool on page sb . 54 2013 Consultant Service Pool — Code Enforcement Contractor List All contractors are required to carry workers compensation coverage. The contractors are required to provide Certificates of Insurance evidencing liability insurance naming the City as an additional insured party. 1- 800 -Got Junk? $124 /Minimum Chris Koehnen 1209 Tyler Street N.E. #160 Mpls., MN 55413 Cell 763 - 442 -6920 Email Chris,Koehnen @1800gotiunk.com Kaufman Enterprises Inc $52 /Hour Nancy Ahern 3401 Hwy 55 Eagan, MN 55121 Phone 651 - 528 -8700 kei@kaufmanent.com Tough Cut Services LLC $40 /Hour Tom Royer Cory Larson 612 West 104th Street Bloomington, MN 55420 Phone 612 - 282 -8649 Email tom@atoughcutservices.com www.toughcutservices.com Agenda Information Memo May 7, 2013, Eagan City Council Meeting S. CONDITIONAL USE PERMIT — LOST SPUR GOLF COURSE ACTION TO BE CONSIDERED: To amend a Conditional Use Permit to allow an increase in size of pylon signage on property located at 2750 Sibley Memorial Highway, subject to the conditions as amended. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant received approval of Conditional Use Permit to allow a 20 -foot tall pylon sign with a dynamic display at the February 8, 2012 City Council meeting. ➢ The existing sign is 80 sq. ft. in total sign area, excluding the 15 sq. ft. building address. The business name portion is 50 sq. ft. and the dynamic display portion is 30 sq. ft. ➢ The applicant proposes an additional sign panel ( -13 sq. ft.) that identifies the property owner which has been constructed and installed. This results in a total square footage of the pylon signage of 93 sq. ft., excluding the property address. ➢ The proposal satisfies the Sign Ordinance standards for pylon and dynamic signs. ➢ The applicant must obtain a Sign Permit per City Code requirements. ➢ Favorable action on this request will result in modifying condition number six of the February 8, 2012, City Council minutes to read; "The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated April 29, 2013 ". i A utility box to serve the sign was installed on the sign pole which was not shown on the approved plans and will be relocated to the ground. A condition of approval should be added to read; "The utility box serving the sign shall be located on the ground and screened from the public right -of- way ". ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: N/A ATTACHMENTS: (4) Location Map, page 159 Applicant narratives, pages Eb through 959 Sign depiction, page (00 February 8, 2012, City Council minutes, page( 1� Location Map Map Area Extent 't!Z710, 1 111411- I in RECEIVED APR 1_1 2013 Dear City Council: Osman Shrine is the property owners the land and event which is called the Lost Spur. We lease the facility and golf course to Lost Spur Golf Course who run the facility as the Lost Spur Golf and Event Center. Our Osman Shrine offices are located in the Event center building and all of our meetings are conducted at the facility. We need to have the sign to show our membership and the local community where Osman Shrine is located. We have the permission from the Lost Spur to add our sign to the existing sign that they recently installed. Jim Gratias Trustee Osman Shrine M Lost eSbur Golf And Event Center April 11, 2013 Dear City Council, DECEIVED APR Ij ?g± The Lost Spur Golf and Event Center is the owner of the LED sign. Lost Spur leases the Golf and Banquet Center from the Osman Shrine. When we decided to go forward with a new LED sign for our business, we had graphic designs done and we did include the Osman Shrine in the LED sign layout. When Lost Spur received the cost, the Osman shrine at that time decided not to go with their part of the LED sign and would do something in the future on their own. So when we went to city council, the LED sign we had approved did not have the Osman Shrine sign on it. The Lost Spur supports in good faith to our leaser an approved Osman Shrine sign. The sign must be approved by the city. Geri Lockrem General Manager Los Spur Golf and Event Center 1� i; a 0 FRI b (D 8 FU e 5 t J } k[ . UUU �1 �a City Council Meeting Minutes February 8, 2012 6 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a conditional use permit to allow a temporary grill for seasonal outdoor sales on property located at 1286 Lone Oak Road, subject to the following conditions. Aye: 5 Nay: 0 1. This conditional use permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The seasonal sales shall be allowed between June 1St and August 31St each year, not to exceed 90 consecutive days. 3. All structures shall be removed by September 1St each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City ordinances. 5. The activity shall occur only within the area designated on the site plan. 6. The site shall be kept in a neat and orderly manner and the grilling shall be contained within the approved area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Hours of operation shall be between the hours of 10:30 a.m. and 2:00 p.m. Monday — Friday. 8. Signage shall be subject to City sign code requirements; up to three temporary signs are allowed, but shall not exceed a total area of 25 sq. ft. 9. The applicant shall maintain a MN Department of Health Food License. CONDITIONAL USE PERMIT — LOST SPUR/STEVE WHILLOCK City Administrator Hedges introduced the item regarding a request for a conditional use permit to allow a pylon sign with dynamic display at the Lost Spur located at 2750 Sibley Memorial Highway. City Planner Ridley gave a staff report. A representative of the sign company was present and available for questions by the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve a conditional use permit to allow a pylon sign with a dynamic display on property located at 2750 Sibley Memorial Highway, subject to the following conditions. Aye: 5 Nay: 0 1. The conditional use permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative sign permit shall be obtained from the City prior to installation of the pylon sign. 3. The existing monument sign shall be removed prior to installation of the pylon sign. 4. The pylon sign shall be setback a minimum of 10 ft. from all property lines. 5. The pylon sign shall be located as indicated on the site plan received December 21, 2011. 6. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated January 6, 2012. 7. The pylon sign shall comply with all sign code requirements. 8. Landscaping shall be restored to the current condition by June 1, 2012. PLANNED DEVELOPMENT AMENDMENT — PANERA BREAD/TONY DISANZA City Administrator Hedges introduced the item regarding a planned development amendment to allow drive - through service and modifications to the Panera Bread building and stated the applicant has requested this item be continued to the February 21, 2012 City Council meeting. Mayor Maguire moved, Councilmember Fields seconded a motion to continue consideration of the application for a PD amendment for Panera Bread to the February 21, 2012 City Council agenda. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT— CENTRAL PARK COMMONS2 CSM, INC./THOMAS PALMQUIST City Administrator Hedges introduced the item regarding a comprehensive guide plan amendment to change the land use designation of 6.2 acres from SA -MO, special area -major office to SA -RC, special area - retail commercial for Central Park Commons2 located at 3333 Pilot Knob Road. City Planner Ridley gave a staff report. l0 l Agenda Memo May 7, 2013 Regular City Council Meeting V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS ACTION TO BE CONSIDERED: To appoint members to the City Council's advisory commissions and Gun Club Lake WMO, with terms beginning in May 2013. FACTS: • Per the Council's direction, advisory commission appointments are made in April or early May of each year. • Advertising for the Commission vacancies takes place year- round, with an emphasis in recruitment from January — March. • This year, the commission vacancies were advertised on the City's website, Experience Eagan newsletter, and local access cable television. A notice was also sent to local media the week of February 25, 2013. • The deadline for applications to be considered for appointment in April 2013 was March 22, 2013. • There were 21 applicants this year. Of those 21 applicants, 20 attended their scheduled interview with the City Council on April 9, 2013. • There are no statutory requirements pertaining to the number of commission members that can serve on an advisory commission, including planning commissions. • As a reminder, the City Council took formal action in May 2012 to remove the requirement that the Council must appoint an alternate to each commission, and instead, stated that the Council may appoint an alternate to each commission. • The City Council will be asked to vote via ballot, which will be distributed at the meeting. At the request of the Council, the voting will be done by commission in the following order: l.) Advisory Planning Commission; 2.) Advisory Parks and Recreation; 3.) Airport Relations Commission; and 4.) Energy and Environment Advisory Commission. Also, a vote will be taken on the appointments to the Gun Club Lake Watershed Management Organization. • Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. • The Commissioners appointed tonight will receive a letter from the City, in which they will be invited to participate in a new commission member orientation with their commission staff liaison. Orientation packets will also be provided to new Commissioners. • Rather than duplicating all of the commission applications, the Council is ATTACHMENTS: • Enclosed on pages � and /06 is a summary of the number of openings that exist on each advisory commission, which can be filled in by the Council as appointments are made. • Enclosed on page (0(0 is a revised summary of applicants' commission preferences based on the preferences voiced during the interviews. l� 2013 City Council Advisory Commission Appointments Advisory Planning Commission (APQ 2 -year Terms 1. 2. 3. 0 (1 -year Alternate (if appointed): Advisory Parks and Recreation Commission (APrQ 2 -year Terms 1. 2. 3. 0 (1 -year Alternate (if appointed): ) �a, Airport Relations Commission (ARC) 2 -year Terms 1. 2. 93 9 (1 -year Alternate (if appointed): ) Enemy and Environment Advisory Commission (EEAC) 2 -year Terms 1. 2. 3. (1 -year Alternate (if appointed): (-01_.[ Gun Club Lake Watershed Management Organization (WMO) 3 -year Term 1. 2 -year Term 1. (Ds 2013 ADVISORY COMMISSION APPLICANTS' PREFERENCES — REVISED *Incumbent on a City Advisory Commission ** APC was his 2nd choice but willing to make it his 1St choice. APC APrC ARC EEAC WMO Charles Thorkildson* 1 Steve Beseke* 1 Curtis Aljets* 1 Daniel Johnson * 1 William Ische 1 2 Anand (Andy) Prashad 1 Jane Vanderpoel* 1 N. Marl- Filipi* 1 Mike Supina* 1 Jeff LeClair* 1 Ross Bintner * 1 Nathan Neuman 1 2 3 David Wietecki 1 2 Dennis Thompson 1 2 Dan S agstetter 2** 1 Jerry Farlee 1 Andrea Todd - Harlin* 1 Dorothy Peterson* 1 Monica Foss 1 Joe Reymann 1 Julie Vigness -Pint 1 *Incumbent on a City Advisory Commission ** APC was his 2nd choice but willing to make it his 1St choice. Agenda Memo Eagan City Council Meeting May 7, 2013 A. PUBLIC HEARING - RESOLUTION FOR THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.1 ACTION TO BE CONSIDERED: To close the public hearing and approve a Resolution Adopting a Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 (Cedar Grove Redevelopment District). FACTS: • The Eagan Economic Development Authority (EDA) approved a purchase agreement with Paragon Outlets under which Paragon acquired property in the Cedar Grove Redevelopment District for the development of an upscale outlet shopping center. A condition of the purchase agreement is that the EDA will construct a public parking ramp adjacent to the Paragon property, one of the purposes of which will be to provide for a portion of Paragon's parking needs. • The original Redevelopment Plan and Tax Increment Financing Plan for the District did not include construction of a parking ramp and it is appropriate to update and modify those plans to acknowledge the progress that has occurred in that regard. The Advisory Planning Commission (APC), the EDA and City Council each take actions associated with such a modification. • As required by the amendment process, the APC took action on March 26, 2013 to find that the proposed TIF update and modification supports development within the District that is consistent with the City's Comprehensive Guide Plan. The EDA took action at its meeting of April 2, 2013 to approve the proposed modifications that are the subject of this public hearing. County and School District representatives have received a copy of the Plan Modification for their review. A notice has been published setting the Public Hearing for the City Council this evening. • Representatives of Ehlers and Associates will be present at the meeting to overview the proposed modifications and respond to questions concerning the TIF Plan. ATTACHMENTS: • Location map and current redevelopment site plan on pages 0 through `I0 • Copy of Ehlers Memo regarding the proposed plan changes on pages 1 through r1a (-0 1-7 Modification to the TIF Plan for the Modification of TIF District No.I within the Cedar Grove Redevelopment District enclosed without page number. Resolution to Approve the Modification of the TIF Plan and District on pages through 115 Location Map Fort Snelling State Park D O� �O �0 22 d G� \� l N O 00 I SILVERS SILVER BELL ROAD ul U 5 F a I 0 0 SOP O Woodhaven Park _ MICA TRAIL UMICE POINT 2GT 9's F RNE O� 2\Oa�Py r HIRE LN 33 -�1 r Legend Feet Cedar' Grove Redevelopment /TIF Area o 500 1,000 2,000 Buildings selection 3 ® studyarea Parcels [ Buildings j\ Parks City of Eap N City Boundary l09 dW� I ® Yankea OooAlo RA I I I DHn.y Rd i CIIH Rd I I I t"x��� d MINO ---r3 IrKwft A 't ! Y Y / zi➢fl � � �; sit rcE9T'�irt f F t �� -r- i V£ JA ti ,�-r s a. MW f f• y 4 F4��e��- �.. f �° 3 t Cedar Grove Redevelopment Area TIF Area Site Plan -2013 M o 4 Id f �3 East End `4;8 acres r; 3� 'Outlot B 2.74 acre €� Legend 800 400 0 Fee IIPTIF Area Boudnary rl a = Future (core) Development Area N To: Economic Development Authority, City of Eagan From: Rebecca Kurtz and Mark Ruff, Ehlers Gate: May 1, 2013 Subject: Modification to TIF District No. 1 located in the Cedar Grove Redevelopment Area The City of Eagan and the Eagan Economic Development Authority are considering a Modification to Tax Increment Financing District No. 1 located in the Cedar Grove Redevelopment Area, and a public hearing on the Modification is set for May 7. As part of the Modification process the Planning Commission adopted a resolution that the proposed Modification conforms to the general plans for the development and redevelopment of the City as a whole, and the EDA adopted a resolution approving the Modification. The main reason for the Modification is to update the budget and bonded indebtedness based upon anticipated revenues and total expenses. The sources of revenue is revised based on the Paragon project and other future development, and the uses are updated to include expenses to date as well as the anticipated expenses related to the parking structure. In addition to the budget modification, sections of the TIF Plan have been modified to address changes in legislation and update or clarify actions since the adoption of the original TIF Plan on October 2, 2001. The following is a summary of the modifications: ■ Section 2 -3. Statement of Objectives and Appendix A: Updated to clarify the purpose of the Modification and activities to date. ■ Section 2 -4. Redevelopment Plan Overview: Updated to include the contracts to date. ■ Section 2 -5. Description of Property in the District and Property to be Acquired and Appendix C: Updated to clarify the parcels included in the TIF District. The boundaries of the District are not being modified; however, over the past years, areas of the District have been re- platted, and new parcel numbers were assigned. ■ Section 2 -7. Duration of the District: Updated to clarify the first year of increment and the duration of the District. ■ Section 2 -8. Original Tax Capacity: Modified to clarify the Unique Taxing Authorities (UTA) and the estimated TIF generated in each area based on the increased budget. JaEHLERS Minnesota phone 651-697-8500 3060 Qentre Pointe Drive LEADERS IN POLIC FINANCE Offices also to Wisconsin and Illinois fax 661-697-8555 Roseville, MN 66113 -11 P2 tall froa €300 - 552 -1171 ■ Section 2 -9. Sources of Revenue/Bonded Indebtedness: Modified to increase the budget and bonded indebtedness based on projected TIF revenue and City obligations. ■ Section 2 -10. Uses of Funds: Modified to reflect the expenses to date and the expenses related to construction of the parking structure. ■ Section 2 -12. Business Subsidies: Updated to reflect legislative changes. ■ Section 2 -14. Estimated Impact on Other Taxing Jurisdictions: Modified to reflect the impact of the budget modifications. ■ Section 2 -15. Supporting Documentation: Updated to reflect studies and analysis completed to date. ■ Section 2 -16. Definition of Tax Increment Revenues: Updated to reflect legislative changes. ■ Section 2 -17. Modifications of the District: Updated to reflect legislative changes. ■ Section 2 -27. Other Limitations on the Use of Tax Increment: Updated to reflect legislative changes. Rebecca Kurtz will be at the Council meeting to answer any questions regarding the Modification.. 11a Council member CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CEDAR GROVE REDEVELOPMENT AREA AND APPROVING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 (CEDAR GROVE) THEREIN. BE IT RESOLVED by the City Council (the "Council ") of the City of Eagan, Minnesota (the "City "), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board ") of the Eagan Economic Development Authority (the "EDA ") has heretofore established the Cedar Grove Redevelopment Area (the "Project ") and adopted the Redevelopment Plan therefor and established Tax Increment Financing District No. 1 (Cedar Grove) (the "TIF District ") and adopted the Tax Increment Financing Plan therefor. It has been proposed that the City adopt a modification to the Redevelopment Plan (the "Redevelopment Plan Modification ") for the Project and adopt a modification to the Tax Increment Financing Plan (the "TIF Plan Modification" or together with the Redevelopment Plan Modification, the "Modifications ") for the TIF District, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive as amended (the "Act "), all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The Council has investigated the facts related to the Modifications and has caused the Modifications to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Dakota County (the "County ") and Independent School District No. 191 (the "School District ") having taxing jurisdiction over the property included in the TIF District, a review of and written comment on the Plans by the City Planning Commission on March 26, 2013, approval of the Plans by the EDA on April 2, 2013, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of the Project Area. Section 2. Findings for the Modifications 2.01. The Council hereby reaffirms the original findings for the TIF District, namely that the when the TIF District was established, Tax Increment Financing District No. 1 (Cedar Grove) was established as a redevelopment tax increment financing district. In addition, the City makes the following findings: 11'�) 2.02. It is found and determined, and it is the reasoned opinion of the City, that: (i) The proposed redevelopment described in TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to update the budget and bonded indebtedness based upon anticipated revenues and total expenses. The sources of revenue is revised based on the Paragon project and other future development, and the uses are updated to include expenses to date as well as the anticipated expenses related to the parking structure. Without the City and EDA's initial commitment to assist with land acquisition and the assistance with construction of a parking structure, the redevelopment of the Cedar Grove Area would be impaired. By addressing these issues, current and future redevelopment efforts in the Project Area will be feasible. (ii) The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from proposed additional high - density developments after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan Modification. To date, a portion of the TIF District has been redeveloped with housing and commercial development. The EDA has entered into a Development Agreement with Paragon for the construction of a retail outlet in spring 2013, and it is in discussions for future housing and commercial projects. The City reaffirms the original findings that virtually no redevelopment of those sites would have occurred or will be completed without tax increment assistance, which means no higher market values would have been created. Further, without resolving parking issues, it is unlikely that additional high - quality, dense development would occur, and therefore it is not expected that there would be an increase in the market value of other sites in the Project area. (iii) The TIF Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The TIF Modification was reviewed and commented upon by the City's Planning Commission on March 26, 2013, and was approved by the Commission on that same date. (iv) The TIF Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise. The TIF Plan Modification will allow the City and EDA to reimburse itself for property acquisition and construction of a parking facility, which will allow for increased development and higher density in the area. Completion of the parking facility will make the TIF District and surrounding Redevelopment Project Area more attractive to private developers of additional high - density development. 2.03. The Modifications do not change the classification or boundaries of the TIF District. The TIF District remains classified as a redevelopment district under Section 469.174, subd. 10a of the Act. Section 3. Public Purpose 3.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which was originally characterized by blight and blighting conditions, and protect and enhance redevelopment of the TIF District and the Project as described above. These public purposes and benefits exceed any benefits expected to be received by private developers, because most of the new expenditures described in the TIF Plan Modification represent investment in public infrastructure, and any developers receive direct assistance only in the amount needed to make the proposed development financially feasible. Section 4. Approval and Adoption of the Modifications, Filing, 1� 4.01. The Modifications are hereby approved. The Modifications shall be placed on file in the office of the City Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 4.02. City staff is authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the Dakota County Auditor. 4.03. City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: May 7, 2013 ATTEST: Mayor City Clerk (Seal) 1 Agenda Information Memo May 7, 2013 Eagan City Council Meeting OLD BUSINESS A. PILOT KNOB ROAD CORRIDOR STUDY ACTION TO BE CONSIDERED: Accept the Recommendations of the final draft of the Pilot Knob Road (CSAH 31) Corridor Study. FACTS: • The City and County have entered into an agreement to perform a corridor study of County State Aid Highway 31 (Pilot Knob Road) for a 1/3 of a mile segment (Yankee Doodle Road to Central Parkway/Northwood Parkway). The County's study process has included significant public input through several public open houses and numerous individual meetings with business and property owners. This study began in June, 2012 and was originally proposed to be completed at the end of the year. However, the development of various proposed alternatives in response to public input and the need for additional meetings with affected property owners have carried this study into 2013. • On January 8, 2013, the Council reviewed the proposed corridor study recommendations and received input from property/business owners. Discussion focused on the concern regarding the study's recommendation of the removal of the Wells Fargo driveway on Pilot Knob Road and the related impact for Wells Fargo and the other adjacent property owners. In conclusion, the Council's consensus was that the corridor study was premature and further study was needed to maintain the right -in and right -out at Wells Fargo driveway on Pilot Knob Road. A hold on the study was suggested until a development proposal is submitted by CSM. • Additional meetings have since been held between the City and County staff and with Wells Fargo and clarification of the relationship of the corridor study and a public improvement process has been made. While the concern for the loss of the Wells Fargo driveway remains, the long term plan established by the corridor study is appropriate for the projected volumes of traffic on this segment of Pilot Knob Road. The continued use of the Wells Fargo driveway on Pilot Knob Road in the short-term is not inappropriate and may be allowed even with the construction of other corridor study recommendations in conjunction with the redevelopment of the Lockheed Martin site. • The goal of the Corridor Study is to identify a roadway improvement plan for this segment of Pilot Knob Road to address existing traffic and safety concerns such as delays, lack of available gaps to cross traffic and crash history as well as additional issues and needs based on projected growth in the area. The purpose is to serve as a guide for development along the corridor and proper planning of each local agency's Capital Improvement Program (CIP). • On April 30, City and County :staff met to discuss the corridor study and its relevancy to the 2014 -2018 CIP. Staff from both agencies concur that any 2014 -2018 CIP improvements related to the corridor study can and should proceed without the inclusion of the closure of the Wells Fargo driveway. The corridor study's recommended right turn lane to Norwest Court would also not be included within the CIP due to its relationship with the driveway. 0 As of the conclusion of the April 30 meeting, County staff did not plan to include any improvements on this segment of Pilot Knob Road in their draft 2014 -2018 CIP due to the lack of a development application for the Lockheed Martin property. City staff will discuss the 2014 -2018 CIP and any Pilot Knob Road improvements at a May 14 Council workshop. ATTACHMENT: • Graphic of Corridor Study Recommendations, page I I • Summary of Identified Issues /Concerns with Recommendations /Resolutions - To Be Distributed with Additional Information on May 6 9(� i? I M.L1 R, IN av)l -4; -1 "'v "A A UTHERN MOS , '. :,� -:. : , : � 4, WT 1; CSM ACC 4CCESS� arm PILOT- - -RD-1 2 "PILOT K 14- —4. 1A 17-1:T EF �wmw--, H I. I Q V, E X,� �jj T;; tim WX --Jo d" vw- IV ol J, LU it -T iz -M 'V/ Mv "Up 4- - -A- A AN w /2012 12 M �A- �nm T, Zrll't Pilot Knob Corridor Study Dakota County, MN December 2012 \% �Ior Agenda Information Memo May 7, 2013 Eagan City Council Meeting New Business A. COMPREHENSIVE GUIDE PLAN AMENDMENT — SOUTHVIEW SENIOR LIVING ACTION TO BE CONSIDERED: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council for approximately 10 acres of property located at 4232 Blackhawk Road. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Southview Senior Living is requesting a Comprehensive Guide Plan Amendment to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk, south of Diffley Road between Blackhawk and I -35E. ➢ Six unplatted parcels that make up the subject site. There are two existing homes one built in 1900 and the other built in 1965 and a number of out buildings on the site. ➢ One of the six parcels that make up this request is a narrow 1.86 acre parcel that is adjacent to County Road 30 and is in tax forfeiture. As such, it is owned by the State of Minnesota and controlled by Dakota County. The Holden's have reached an agreement with Dakota County on the purchase of that parcel. ➢ The subject property is surrounded by properties that are zoned, guided and used for medium and high density residential. ➢ The submitted narrative and Concept Plan identify the intent to establish a senior housing facility that would include a mix of memory care, assisted living and independent living units. In total, the Concept Plan calls for a four - story, 148 unit facility and approximately sixty underground parking spaces. ➢ The Advisory Planning Commission held a Public Hearing on April 23, 2013 and they are recommending approval. ATTACHMENTS: (3) Location Map on page 19 Draft APC Minutes on a e 0 Staff report on pages �h r through 9, Z Advisory Planning Commission April 23, 2013 Page 2 of 13 IV. PUBLIC HEARINGS A. Holden Property Applicant Name: Globe University Location: 4232 Blackhawk Rd; Section 29, Township 27, Range 23 Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from MD, Medium Density to HD, High File Number: 29- CG- 01- 02 -13r, City Planner Ridley introduced this item and highlighted thej�ormation f presented in the City Staff report dated April 17, 2013. He noted the backgro4 tory. John Harriss, representing the applicant stated available for questions. Chair Heaney opened the public hearing. Katherine Sanders, resident of Southpointe Te development and what it would be. agreeme, with the staff report and proposed fufure There being no further public commentCIr Heaney close he public hearing and turned the discussion back to the Commission. Member Dugan state cq a%ea eship w�itji a app toant but 6io conversations related to the proposal had taken c so uld not be ainin6AW City Planner Ridley explffi ed th roved bp1he Metropolitan Council and City Council, the entire 10 acre-parcel would�edesig a , High 6&,,,W ,y residential. He stated further �,f develop or �i division world requi 4�t r sPublic Hearing and notices would be sent regardi ame._-'` Member`Supma inquired al?vut emerges yFaccess. City Planner Ridley responded that emergency ac plans wool =zbe rev a ed by Eagan Fire and Eagan PD at the time of a specific Bevel > tent proposa k Member Piper mo� . , Membe Vanderpoel seconded a motion to recommend approval of a Comprehensive Gus: PI Amendment to change the land use designation from MD, Medium Density to HD, , h Density, upon approximately 10 acres located at 4232 Blackhawk, south of Diffley Road b.. een Blackhawk Road and 1 -35E. All voted in favor. Motion carried 6 -0. v� • PLANNING REPORT CITY OF EAGAN REPORT DATE: April 17, 2013 APPLICANT: Southview Senior Living PROPERTY OWNER: D. & M. Holden REQUEST: Comprehensive Plan Amendment LOCATION: 4232 Blackhawk Road CASE: 29- CG- 01 -02 -13 HEARING DATE: April 23, 2013 APPLICATION DATE: March 19, 2013 PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: MD, Medium Density ZONING: R -3, Residential Townhouse SUMMARY OF REQUEST Southview Senior Living is requesting approval of a Comprehensive Guide Plan Amendment to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk, south of Diffley Road between Blackhawk and I -35E. The multiple unplatted parcels are located in the NE I/a of Section 29. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND/HISTORY There are six unplatted parcels that make up the subject site. Two homes exist on the property, one built in 1900 and the other built in 1965. Planning Report — Southview Senior Living April 23, 2013 Page 2 EXISTING CONDITIONS There are two existing homes and a number of out buildings on the site. One of the six parcels that make up this request is a narrow 1.86 acre parcel that is adjacent to County Road 30 that is in tax forfeiture. As such, it is owned by the State of Minnesota and controlled by Dakota County, The Holden's have reached an agreement with Dakota County on the purchase of that parcel. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant is interested in redeveloping the property. The submitted narrative and Concept Plan identify the intent to establish a senior housing facility that would include a mix of memory care, assisted living and independent living units. In total, the Concept Plan calls for a four - story, 148 unit facility and sixty underground parking spaces. ENVIRONMENTAL IMPACTS Topography — The site is generally open with large areas of mature trees. The highpoint on the property is the middle of the site, so half of the property slopes to the east, and the other half to the west. Elevations range from approximately 953 to 905. Wetlands — As mentioned previously, there is a wetland (Pond AP -51) in the southwest portion of the site. A wetland inventory would be required at the time of Preliminary Subdivision application for a specific development plan to determine the status /classification of the ponds and the site will be subject to the City's Wetland Protection and Management Regulations (City Code § 11.67). Tree Preservation — The site is generally open but it also contains some wooded areas, as well. Any redevelopment of the site would be subject to compliance with the City's Tree Preservation M Existing Use Zoning Land Use Designation North Diffley Road, Diffley Square shopping center NB, Neighborhood Business. RC, Retail Commercial East I -35E N/A N/A South Multi- family attached R -4, Residential Multiple HD, High Density West Multi- family attached PD, Planned Development MD, Medium Density Residential EVALUATION OF REQUEST PROPOSAL The applicant is interested in redeveloping the property. The submitted narrative and Concept Plan identify the intent to establish a senior housing facility that would include a mix of memory care, assisted living and independent living units. In total, the Concept Plan calls for a four - story, 148 unit facility and sixty underground parking spaces. ENVIRONMENTAL IMPACTS Topography — The site is generally open with large areas of mature trees. The highpoint on the property is the middle of the site, so half of the property slopes to the east, and the other half to the west. Elevations range from approximately 953 to 905. Wetlands — As mentioned previously, there is a wetland (Pond AP -51) in the southwest portion of the site. A wetland inventory would be required at the time of Preliminary Subdivision application for a specific development plan to determine the status /classification of the ponds and the site will be subject to the City's Wetland Protection and Management Regulations (City Code § 11.67). Tree Preservation — The site is generally open but it also contains some wooded areas, as well. Any redevelopment of the site would be subject to compliance with the City's Tree Preservation M Planning Report — Southview Senior Living April 23, 2013 Page 3 Ordinance (Sec. 11.70, Subd. 13) which applies to new developments and new building construction. A tree inventory would be required at the time of a specific development application, and the impact to existing trees and any applicable mitigation also would be determined at that time. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is not located within the designated contours of the Airport Noise Policy Zones and as such, no noise mitigation measures are required. Environmental Review — The threshold for a Mandatory Environmental Assessment Worksheet (EAW) is 375 attached residential units as set forth in State Law. As proposed in the Concept Plan and narrative, the proposed development unit count is far below the mandatory level. However, because the HD Land Use Designation provides for 12+ units /acre, the ten acre site could accommodate a unit count that meets or exceeds the mandatory threshold number. As such, staff suggests that if the proposal receives a favorable review by the City Council and staff is directed to submit the amendment to the Metropolitan Council, once the amendment is acted upon by the Metropolitan Council, the amendment not be implemented until that action can occur in conjunction with supporting rezoning and platting /subdivision applications. Summary — Environmental Impacts There are no apparent environmental impacts that cannot be addressed with existing City Ordinances. Any redevelopment of this site would be subject to City ordinances related to storm water volume and rate control, as well as pollutant control and water quality management. The City's tree preservation ordinance requires a tree inventory at the time of application for a specific development plan. A wetland inventory also would be required at the time of application for a specific development plan. No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. INFRASTRUCTURE IMPACTS Storm Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The eastern half of the site drains to a low point located within the eastern end of the parcel, and the western half drains toward the southwest to Pond AP -51 along Blackhawk Road. The development of this property will be subject to the codified post - construction storm water requirements for storm water volume and pollutant control. Sanitary Sewer — Lateral sanitary sewer of sufficient size, depth, and capacity is available to the west (along Blackhawk Road) for connection with development of the property. Sanitary sewer fI Planning Report — Southview Senior Living April 23, 2013 Paf4e 4 District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main/Supply — Trunk water main of sufficient size and capacity is available from the west (along Blackhawk Road) for connection and extension with development of the property. Water Quality — Any development will need to comply with Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. Streets /Access /Transportation — The primary access for development of the property will be to Blackhawk Road, a 48 -foot wide undivided two lane roadway with shoulders, a bituminous trail in the westerly boulevard and left and right turn lanes at Diffley Road (CSAH 30). Diffley Road borders the northern property line, however, the existing spacing between Blackhawk Road and the entrance ramp to southbound I -35E is approximately 1,080 feet, so an additional access would likely not be allowed because the required '/4 mile spacing in Dakota County's access spacing guidelines and access permit requirements would not be met. Any development of the site will be required to install an 8 -feet wide bituminous trail in the boulevard along the east side of Blackhawk Road. Easements /Permits /Rights -of -Way — A roadway easement over this property currently exists for Blackhawk Road. Development of this property will require the easement to be dedicated on the plat as public road right -of -way. The total right -of -way need is 100 feet. The width to be dedicated will vary from approximately 50 to 54 feet, depending on the location. Additional public right -of -way or easement may also be necessary for the 8' wide bituminous trail that will be built in the eastern boulevard. The amount necessary depends on the running line of the trail as there is currently an approximate five foot high retaining wall in the east boulevard where a trail would normally be located. Summary — Infrastructure Impacts Public street access is available to Blackhawk Road. Any subdivision/plat would be subject to review by the Dakota County Plat Commission and MnDOT as the site abuts both County Road 30 ( Diffley Road) and I -35E right -of -way. Sanitary sewer and water main service are available to serve redevelopment of the site. COMPREHENSIVE LAND USE IMPACTS Land Supply — Over one -third of land in the City of Eagan is dedicated to residential uses. Eagan's current housing stock consists of over 26,000 units of diverse housing types, with 53% Vi Planning Report — Southview Senior Living April 23, 2013 Page 5 being single family detached residential units. However, the age of Eagan's housing stock reflects the community's rapid growth during the late 1980's through late 1990's with the vast majority of its housing units constructed during this time period. As the City's housing and population ages, the challenge for the City is to monitor the housing supply and find appropriate ways to fill gaps in housing needs to meet changing demographics and market demand. The amount of vacant and underutilized land left in the City is relatively small compared to the total land area of Eagan. In fact, less than 0.5% Eagan's total land area is considered vacant residential. Most of the future residential land supply consists of underutilized large lots with existing single family uses, which is the case with this request. Most of which are anticipated to remain underutilized in the foreseeable future due to market conditions and natural development restrictions. Despite a limited land supply, household growth in Eagan is expected to rise by 3,000 over the next 20 years. This growth is anticipated to occur mainly within infill and redevelopment areas. At least one -third of Eagan's future housing growth is expected to occur with redevelopment within Special Areas. As a result of Eagan's current growth stage, Eagan is now considered a "developed" community under Metropolitan Council's criteria. The Regional Development Framework expects the planned residential development within developed communities to have a density of 3 to 5 units per acre. Currently, the total planned residential growth in Eagan meets this expectation at 3.4 units per acre. Redevelopment based on the concept plan submitted with this proposal would add an additional 148 units on 10 acres, resulting in a density of approximately fifteen units per acre. Additionally, the City of Eagan participates in the Metropolitan Council's Livable Community Act and agrees to participate under its Local Housing Incentive Account Program. This agreement sets the following affordable and life -cycle housing goal ranges by 2020: • Affordable Housing Goal — 619 -884 units • Life -Cycle Housing Goal — 880 -2,085 units Land Use Designations — The current Medium Density designation has been in place for a number of years as it mirrors the development patterns that have occurred in the vicinity of the subject site. The Comprehensive Guide Plan describes the proposed HD, High Density, residential designation as providing areas for high density attached housing units including townhomes, condominiums and apartments. The Plan also states that with appropriate buffering, high density residential uses can be compatible with other lower density residential uses. Comprehensive Guide Plan Goals and Policies — The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. These themes • Planning Report — Southview Senior Living April 23, 2013 Page 6 are woven throughout multiple chapters of the City's Comprehensive Guide Plan. In evaluating this proposal, it is important also to consider the context of the proposal within the Eagan community and with regard to housing policy generally. With more than 95% of the City's land are developed, the Comprehensive Guide Plan directs how the community can help improve what already exists and create a more desirable, complete community as it continues to evolve. The City's housing goals and policies are outlined in Chapter 4 of the City's Comprehensive Guide Plan, adopted in April 2010. These include: • preservation of significant natural features • creating and improving pedestrian connections • supporting a diverse mix of housing types and values to accommodate housing needs of persons of all incomes and all stages of life • ensuring maintenance, rehabilitation and upgrading of existing housing stock to support property values • supporting redevelopment plans that ensure compatibility with surrounding existing land uses, and • ensuring redevelopment occurs in an orderly manner compatibility with existing surrounding uses. Opportunity Cities — In 2010 and 2011, through a grant provided by the Urban Land Institute of Minnesota, the City has engaged with the Opportunity Cities team to evaluate housing trends to better anticipate and prepare for the community's future housing needs. That process has identified an aging demographic, aging housing stock, declining turnover due primarily to an increase in homeowners aging -in- place, and the increase in foreclosures. Through these trends, housing availability may be reduced which results in fewer opportunities to attract and retain a more balanced mix of households. As part of the Opportunity Cities Program, the City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. Telecommunications — The City of Eagan created the Eagan Technology Task Force in February 2004. This group was charged with researching and providing recommendations relative to broadband and fiber optic telecommunications networks within the community. The Task Force created a report that was presented to the Eagan City Council in December 2004. Part of the Policy Framework states: The City should establish and maintain an environment to encourage and provide state of the art and diverse telecommunications infrastructures to assist in the recruitment and retention of residents, organizations and businesses of all sizes. Recognizing that telecommunications is central to economic development and • Planning Report — Southview Senior Living April 23, 2013 Page 7 quality of life, the City needs to maintain an ongoing effort to ensure that Eagan stays competitive in this important area. Due to the proposed ground up redevelopment of this site, the developer has an opportunity to introduce these technologies in its development plans so that it is consistent with the Policy Framework statement above. Summary — Comprehensive Land Use Impacts This request appears to be responsive to a number of objectives outlined in the 2030 Comprehensive Plan and the suggestions produced by the work the City did with Opportunity Cities. The 2030 Comprehensive Guide Plan focused on the three key planning trends of Sustainability, Active Living and Connectivity. Stated housing goals policies include preservation of significant natural features, pedestrian connections, diversity of housing types and values, maintenance, rehabilitation and upgrading of housing stock, and support of redevelopment plans that occur in an orderly manner compatible with existing surrounding land uses. Through the Opportunity Cities grant, the City has examined housing trends to better anticipate future housing needs. Identified trends include an aging demographic, aging housing stock, and declining turnover which may reduce housing availability and provide fewer opportunities to attract and retain a more balanced mix of households. As a result, the City Council has expressed interest in further exploring possible sites for additional senior housing, opportunities and programs for housing rehabilitation, and possibilities for allowing accessory dwelling units. The Telecommunications Policy Framework prepared in 2004 invites developers to include telecommunications infrastructure for residents and businesses to support quality of life and economic development. PARKS AND RECREATION SYSTEM Park Dedication — Redevelopment of the site will be subject to park dedication. Applying the current policy standard for a park land dedication would equate to 1 acre, assuming a 10 -acre site and a full 10% dedication. There is no need for a land dedication in this case; although the subject site is bordered on the west by Blackhawk Road, north by Diffley Road and east by I -35E, this area is served by two existing neighborhood parks, Carnelian and Meadowland Parks. Trail Dedication — Any redevelopment of the site would be responsible for a trails dedication. As per past practice and policy, the dedication could be met with a cash payment and /or credit given for the development of trails internal to the site that have public benefit. Planning Report — Southview Senior Living April 23, 2013 Page 8 Summary — Parks and Recreation Any redevelopment of this site would be subject to park and trail dedications. The subject area is served by two existing neighborhood parks, Carnelian and Meadowland Parks. SUMMARY OF FINDINGS In evaluating this proposal, the following items should be considered: General Considerations • Southview Senior Living is requesting a change in land use designation to HD, High Density, for 10 acres of property located south of Diffley Road and east of Blackhawk Road. • The land use designation is proposed to allow for a senior residential redevelopment of the site. • The submitted Concept Plan proposes 148 units on 10 acres, a density of 14.8 units per acre. • One of the six parcels that make up this request is a narrow 1.86 acre parcel that is adjacent to County Road 30 that is in tax forfeiture. The Holden's have reached an agreement with Dakota County on the purchase of that parcel. Environmental Impacts • The site contains significant topography and an existing wetland. • The site is generally open but does contain some heavily wooded areas. A tree inventory and tree preservation plan will be required at the time of a specific development application. • A wetland inventory also would be required at the time of application for a specific development plan. • Based on the submitted Concept Plan, the proposed 148 attached residential unit count does not meet the 375 attached unit threshold that would require a mandatory EAW. • No noise mitigation measures are required since the site is not located within the designated Airport Noise Policy Zones. Planning Report — Sonthview Senior Living April 23, 2013 Page 9 Infrastructure Impacts • Public street access is to Blackhawk Road. • Any subdivision/plat would be subject to review by Dakota County Plat Commission and MnDOT. • Sanitary sewer and water main service are available to serve redevelopment of the site. Comprehensive Land Use Impacts • Less than 0.5% Eagan's total vacant and underutilized land area is residential. • Household growth in Eagan is expected to rise by 3,000 over the next 20 years. • Through the Opportunity Cities grant, the City has identified trends include an aging demographic, aging housing stock, and declining turnover which may reduce housing availability and provide fewer opportunities to attract and retain a more balanced mix of households. • As a developed community, the challenge with an aging housing stock and population is finding appropriate ways to fill gaps in housing needs to meet changing demographics and market demand. Parks and Recreation System • Any redevelopment of this site would be subject to park and trail dedications. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from MD, Medium Density to HD, High Density, upon approximately 10 acres located at 4232 Blackhawk, south of Diffley Road between Blackhawk Road and I -35E. 29 Location Map Project Name: Holden Property Request:: Comprehensive Guide Plan Amendment Case No: 29- CG- 01 -02 -13 City of BaQah Sno 500 1,000 Legend Parcels Buildings /\ Parks 9 IM � 3 111 City Boundary N Feel 00 City of Eap Current Zoninq and Land Use Map Application: Holden Property Type: Comprehensive Plan Amendment Case No.: 29- CU- 01 -02 -13 Zoning R -3 Residential Townhouse Land Use Plan MD Medium Density (6 -12 units /acre) l� N 0 300 600 1,200 coo+ . - • -•�� o . O 13 fit•,' ■� :C.. 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D G) D p Z D -n (n D m m { Z x r K D �j r r cn i (\ BLACKHAWK DRIVE] p r 0000 =i / `� C, M m M cn cn I r Illy, .rp All ,d 1 \V\ m 1 T o p •�\ 1 -/r Sri r I I + + ; / / r `Z I1 I �\ Iy 11I 1 11 � �, /if I ^^ O , V�� m o 1 i i 1 1 (+ m 1 1lit Ill ` ,Ill+l'I IiiijiJ�i p � D L -I O m W D . td..5 RECEIVED MAP 19 2013 3207 Central. Ave NE, Minneripolis MN 55418 p.612.339.2190 f.61.2.339.4783 March 19, 2013 Mr. Mike Ridley City Planner City of Eagan Re: Comprehensive Guide Plan Amendment Southview Senior Living — Diffley and Blackhawk Rd From: bhn Harriss,AIA; Harriss Architects, Inc. Mr. Ridley: The following is in response to the requirement for a written narrative for Southview Senior Living: 1. The current Comprehensive Guide Plan designation is Medium Density Residential; the proposed designation is High Density Residential. 2. The existing Zoning Classification is R-3, the proposed classification is P.D. (Planned Development). 3. The development team is proposing to construct a (4) story, (148) unit Senior Housing Project on the site. The current Project will include (32) Memory Care Units, (48)Assisted Living Units, and (68) Independent Living Units. Also included in the Project are (60) underground parking spaces, Common Dining and Activities Areas, and designated areasfor Fitness, Beauty Shop, Cafe and Theater acti vi ti es. 4. Pending approval by the appropriate regulatory entities, we are planning for a Fall 2013 start, with a construction duration of approximately (12) months. 5. Please see attached exhibit for surrounding zoning classifications. 6. We believe that the proposed land use is compatible with the surrounding area. Directly to the south isa multi - family housing project, and to the west i s a residential area. Interstate highway 35 E i s to the east and retail is available directly east of 35E The project will generate very little traffic, as the average age of the residents is 82. Proposed parking, both surface and underground, is adequate to serve the needs of staff, visitors and the independent senior drivers. We are currently proposing approximately (60) below grade spaces and 67 surface spaces. qq Agenda Information Memo May 7, 2013 Eagan City Council Meeting B. REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Rezoning from R -3, Residential Townhouse to PD, Planned Development for a residential townhome development upon approximately 25 acres located at 1319 Jurdy Road. To approve a Preliminary Planned Development consisting of 50 townhome dwelling units upon a 25 acre site located at 1319 Jurdy Road, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Final Plat (LeMay Lake Family Townhomes Addition) to create one lot consisting of 24.5 acres. REQUIRED VOTE FOR APPROVAL: Rezoning — At least four votes Preliminary Planned Development — At least four votes Final Plat — Majority of Councilmembers present FACTS: ➢ Dakota County CDA is proposing to develop this approximately 25 -acre site for work force housing. The specific development proposal is for 50 townhome units. ➢ Each unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. Site amenities include a tot lot, gazebo, and basketball court. ➢ While the site consists of 25 acres, only 9.77 acres is located above the Ordinary High Water Level (OHWL) of LeMay Lake and considered developable. ➢ The property is within the Shoreland Overlay District of LeMay Lake and thus has stricter development standards than other parcels, such as a maximum impervious coverage of 25% and must meet density qualifications that prescribe increasing densities as you move further from the lake. The proposed development meets the Shoreland requirements. ➢ Deviations from typical City Code standards include front yard setbacks (less than 25' from the curb of a private street), Recreation Space and parking stall dimensions (9' x 18' vs. 10' x 19'). ➢ The CDA intends to dedicate approximately 18.5 acres of which 3.6 acres lie above the OHWL. This dedication exceeds park dedication requirements by over 300% and fulfills trail dedication requirements as well. a ➢ An easement will be taken over the dedicated area with a subdivision of land to follow. ➢ A public hearing was held by the Advisory Planning Commission (APC) on April 23, 2013. The APC recommended approval. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: May 19, 2013 ATTACHMENTS: (4) Location Map, page 00 Draft April 23, 2013 APC Minutes, pages V through 1� d Planning Report on pages ]Q a through Ob Final Plat, page 1 q (Vo Location Map WMMM 1 �,.'`2 ._ - ` %/� � / / / / //� � � }C���` '- a £.� - - - LEI 4 Orr N MARICE OR Aw W& Project Name: LeMay Lake Family Townhomes Request: Rezoning/Preliminary Planned Development Case No: 1 O-RZ-01 -03-1311 O-PD-01 -03-13 City of Eap pFLE STREET O WORT 00 PkNY S , tr, 0 500 1,000 Feet 2,000 Legend = Parcels ON Buildings M'Parks Jolla 161,MC" City Boundary Advisory Planning Commission April 23, 2013 Page 3 of 13 B. Lemay Lake Family Townhomes Applicant Name: Dakota County CDA Location: 1319 Jurdy Rd Application: Preliminary Planned Development A Preliminary Planned Development of approximately 24.48 acres to create 50 family townhomes. File Number: 10- PD- 01 -03 -13 Application: Rezoning A Rezoning from R -3, Residential Townhouse to PD, Plann File Number: 10- RZ- 01 -03 -13 Z Planner Thomas introduced this item and highli report dated April 18, 2013. She noted the bacl Member Supina inquired about parking requ Kari Gill, Dakota County CDA discussed the appAIlj,f r similar developments and waiting lists for such. Shed: being determined after open. She disc�r ssed tenant serf Dakota County CDA is a diligent pi manager with Chair Heaney opened the public hearingN. F�y,3 Tom Levoir, 3202 M ace Co rt, discussed i, ong ti government should allowed toompete wiflprivate c access and stated concern for sa etv with increase traffi ent. nted in the City Staff cry. on the site Sh— iscussed annual income4mits and rents and maintenance. She stated ems for annual improvements. )nce in Eagan and asked why pers. He inquired about the road agh the neighborhood. There bei n' . er public - oYnmenU it Hedo y closed the public hearing and turned the discussioback tot; - Commission AssistanttCity Engineer A� Nelso` discussed access points and stated the existing roadways vv e adequate r he addct d 1 400 trips expected per day. He stated traffic will be split between. rdy Road and.HighsitA,, rive for access to Pilot Knob Road. City Planner Ridle ated the l5 sdominant movement to Pilot Knob Road will likely be Highsite 4� �4 Drive because it brm _ traffic U a signalized intersection while the Jurdy Road route is circuitous and the aces {t%` clot Knob is not signalized. fE x Member Filipi noted the`bttractiveness of the Highsite option for those traveling east to the Eagan Promenade retail area utilizing the Northwood Parkway Bridge over 1 -35E. Kim Bretheim, project architect, stated the parking ratio is consistent with similar developments and has proven satisfactory. He stated additional parking could be added if there was a need. Member Supina stated concern with a shortage of parking. Member Piper requested confirmation that the Fire Department has reviewed the proposal from an access and circulation standpoint. 1• Advisory Planning Commission April 23, 2013 Page 4 of 13 Planner Thomas discussed parking stall requirements and stated the Fire Department had reviewed the proposed development plans. She explained the intensification of the proposed development on the south end of the parcel is due to density multipliers provided in the Shoreland Ordinance and that the site density could be increased by up to an additional 29 units. Member Piper stated his belief that the slight deviation in on -site recreation space is more than made up for by the proposed parkland dedication. Member Piper moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning of approximately 25 acres from R -3, Residential TQuvn ous�to PD, Planned Development, on property located at 1319 Jurdy Road, bord'afi`ng the south shore of LeMay Lake and adjacent to Moonshine City Park and Retreat, to ` the NW Y, of Section 10. All voted in favor. Motion carried 6 -0. Member Piper moved, Member Filipi seconde fib motion to recommend approval of a Preliminary Planned Development consis <g M 50 duelling units upon app ox' tely 25 acres on property located at 1319 Jurdy Road, bo 5 ring th south shore of Let Lake and adjacent to Moonshine City Park and Retreat Cent NV ' /4 of Section 1 "i subject to the following conditions: %, 1. The owner and /or developer shall a eARM = to a written Pf i ed Development Agreement with the City. The Agreement shall be eec�e < d recorde e County Recorder's office prior to issuance of _ zhuilding perA . T wing ex Sri s are necessary for the PD Agreement. Final Site Pl • Final Bu ilding`Eleyationsvk x Ivy • Final Landscape 9 { X € • Fin e,, fighting PpF 2. The�Pl nne eu lopment sh 11 have a 5 yea(lerm. 3. Th construction "of the townhme units sf��ll meet the sound attenuation requirements per t e t opolitan CounctTranspo ftation Policy Plan. 4. The r levations slia(1= imic th.tt ont of all buildings with the use of brick as proposed with bull bags 4 and 5. 5. The garages tors shall be,. painted to match the building exterior. 6. The monumel ign shall rret City Code requirements and a Sign Permit shall be obtained prior to installati f the monument sign. 7. The applicant sha tab : a revised Lighting Plan to provide lighting within the SE guest parking area. The L gf7 ing Plan shall meet City Code requirements. 8. A revised Site PI n," all be submitted that overlays the tier lines and identifies the number of units /building per tier. The minimum required OHWL setback and proposed setback to the nearest structure shall also be noted. The OHWL is defined at 876.7 on the Site Survey dated November 20, 2012. 9. The applicant shall install "No Parking Fire Lane" signs on both sides of the private street, with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 11. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation Advisory Planning Commission April 23, 2013 Page 5 of 13 (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 12. A water main loop shall be provided to connect the proposed new water main in two locations along Jurdy Road, 13. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and 10 -foot drainage and utility easements adjacent to all public right -of -ways, in A, addition, where necessary to accommodate existing or pro X utilities for drainage ways within the plat. The development shall dedicate ease men of sjfficient width and location as determined necessary by engineering standards.xF. 14. This development shall dedicate, provide, or finanp Ily g� s ntee the acquisition costs of drainage, ponding, and utility easements in additio public right -of -ways as required rah, by the alignment, depth, and storage capaci , required�Ffj�ublic utilities and streets located beyond the boundaries of this plat nec "ssary to se ry or accommodate this development. 15. This development shall dedicate all pub i; t -of -ways and temporary slob asements for ultimate development of adjacent roadways regUired by the appro"' jurisdictional agency. 1_ 16. This development shall dedicates _ dequate drainagand pending easements, in accordance with requirements set forth in the version of thee' 's Stormwater Management Plan. 17. All public and private streets, drai age, tems, and u i i s necessary to provide service to this development shall be designedanA 'fled by a reg stered professional engineer in accordance with City ted codes, Ile gin e : standards�gidelines, and policies prior to application for fin lat ap,- val., 18. A detailed land. turbanc d erosion control pla sj alI be prepared in accordance with current City la s rbance�nd erosion co trol regg ations prior to final plat approval. 19. A separate detailed ; , scapeplan shall be bmitted overlaid on the proposed grading and utility pla he finan 1 ararite - or suc Sran shall be included in the Development Contra: -- n s; of be if eased uii n ar after the date of City certified compliance. 20. Prio�to receivin ding err�it, the ant shall meet all City stormwater requirements Runoff R ntrol,`TP/-TSS Control and 1/2" Volume Control). 21. Prior ceiving a gra N g per t applicant shall provide the City with soil- boring logs (minim mfof 2 samples,xtendir 10' min. below bottom of over - excavation area) from within the I_ tion of any oposed stormwater infiltration feature, to evaluate and ensure suitability for rf tration. I he soil- boring log indicates incompatibility of soil permeability with the submi a and rev ewed design plans, the applicant shall revise the design and /or construction plan s, re 4.33 requirements for volume control are met. 22. Prior to receiving ading permit, the applicant shall provide adequate pre- treatment (street -side catch- b sin sumps, filter -box, etc.) to ensure capture and easily - accessible cleanout of fine -sand sized particles for the off -site stormwater facility that receives direct impervious runoff from the development site. 23. Prior to receiving a grading permit, the applicant should enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 24. Park dedication shall be met through the dedication of approximately 18.5 acres of property to the City, of which approximately 3.6 acres are above the OHWL, located immediate to the north of the development site and consistent with the depiction in the approved development plans. The exact boundary to be determined by a survey coordinated by the CDA and in [oO Advisory Planning Commission April 23, 2013 Page 6 of 13 consultation with the City. The initial dedication shall be in the form of an easement to the City pending completion of the subdivision process whereby the City will acquire fee title. 25. The required trail dedication shall be considered satisfied by the park dedication 26. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 27. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of ;k.' e Protection Fencing. All voted in favor. Motion carried 6 -0. PLANNING REPORT _CITY_OF EAGAN -- REPORT DATE: April 18, 2013 APPLICANT: Dakota County CDA PROPERTY OWNER: Same REQUEST: Rezoning and Preliminary Planned Development LOCATION: 1319 Jurdy Road CASE: 10- RZ- 01 -03 -13 10- PD- 01 -03 -13 HEARING DATE: April 23, 2013 APPLICATION DATE: March 20, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: MD, Medium Density ZONING: R -3, Residential Townhouse SUMMARY OF REQUEST Dakota County CDA is requesting a Rezoning from R -3, Residential Townhouse to PD, Planned Development and approval of a Preliminary Planned Development consisting of 50 dwelling units upon approximately 25 acres on property located at 1319 Jurdy Road, bordering the south shore of LeMay Lake and adjacent to Moonshine City Park and Retreat Center, in the NW '/4 of Section 10. Execution of the Planned Development Agreement will simultaneously constitute the Final Planned Development Agreement for the property. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 10a Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Paize 2 Planned_ Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The site is located on the south shore of LeMay Lake and adjacent to the City's Moonshine Park and Retreat Center. Approximately 5 acres was previously farmed and the property is undeveloped. While the site consists of 25 acres, only 9.77 acres is located above the Ordinary High Water Level (OHWL) of LeMay Lake and considered developable. The property is zoned R -3, Residential Townhouse, and is located in the Shoreland Overlay District of LeMay Lake, a General Development Lake. The Shoreland Overlay District limits impervious surface to 25 %. The Shoreland Overlay District also requires multiple dwelling uses be allowed via Planned Development only. EXISTING CONDITIONS A majority of the site proposed to be built upon is generally open and relatively flat. Almost the entire property outside the proposed development area has not been graded and is heavily wooded. The north side of the site, toward LeMay Lake, consists of rolling topography. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: �0-:� Existin Use Zoniniz Land Use Designation North LeMay Lake N/A N/A East I -35 N/A N/A South Glen Pond Apartments PD, Planned Development HD, High Density West Moonshine Park; Single Family Homes; Glen Pond Apartments P, Park; PD, Planned Development; PD, Planned Development P, Parks, Open Space & Recreation; LD, Low Density; HD, High Density �0-:� Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 3 EVALUATION OF REQUEST Description of Proposal — Dakota County CDA is proposing a 50 -unit workforce housing townhome development. Construction on this project is anticipated to begin in the summer of 2014, with completion anticipated in the summer of 2015. The development consists of 1, 2 and 3- bedroom townhome units. Site amenities include a tot lot, gazebo and basketball court. Each unit is provided with a single -stall garage and additional visitor parking is provided throughout the site. A concrete sidewalk runs adjacent to the tot lot area, through the middle of the development. An existing "user developed" trail runs along the northern edge of the proposed development. The applicant's narrative indicates the site will be developed and managed by the CDA in conjunction with a private partner which provides approximately 60% of the project financing. Compatibility with Surrounding Area — The development is proximate to a variety of housing options including single family and apartments. The applicant's narrative states, "Some areas of the site are heavily wooded and the proposed Site Plan works around the trees to preserve as many as possible. Given the proximity to 35E, sound analysis was conducted and certain noise attenuation will be included in the plans." Airport Noise — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix M (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. The City's adopted Comprehensive Guide Plan currently designates the subject site as MD, Medium Density. City Code and regional policy provide guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. Based on adopted Aircraft Noise Zones, the site is located within the one -mile Noise Buffer. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan- Appendix L: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table M -3. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. tq Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Pap-e 4 2. Is the site located under a major departure flight track used by_ jets ?_ The site lies 3_miles southeast of the parallel runways at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. 3. Is the site located parallel to a primary runway used by jets? The subject site is not located parallel to a primary runway. 4. Is the site located parallel to a runway to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. S. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? The subject site is consistent with adjacent land use and the comprehensive plan. 6 Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan. Planned Development Zoning — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. As previously mentioned, the Shoreland Overlay District requires Planned Developments for multiple dwelling uses. For evaluation purposes, the typical zoning district standards for the proposed use housing types are used as a basis for comparison for the proposed Planned Development. The proposed development is townhomes, therefore, the R -3 zoning standards will be used for this evaluation. Term — Staff suggests a five -year term for this Planned Development. Public Benefit — The narrative lists several benefits of the proposed rezoning and Planned Development including providing affordable housing in the community for workers of modest means and the benefits associated with such affordable housing such as workers that fill service, retail and manufacturing jobs that support a vibrant local economy; greater school success for children when their families have affordable housing and do not move as often; families have more to spend on other life necessities such as food, medical and transportation when housing is affordable. Also the narrative states that families in affordable rental housing are more likely to save money for a down payment and purchase their first home. The applicant's narrative further states, "The demand for affordable workforce housing in Eagan is very strong. Of the approximate 2,000 households on our waiting lists for affordable workforce housing in Dakota County, 1,000 of these households are on the waiting lists for our existing Eagan developments. Conforming Plan — The applicant did not provide a Conforming Plan as a Planned Development was required due to Shoreland zoning. \o 6- Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 5 Units /Density — The overall development will have a total of 50 units for a gross density of 5.12 units per acre (50 units /9.77 acres). The proposed density is well within the R -3 density standards of the zoning code, but the site is within the Shoreland Overlay District of LeMay Lake and a more restrictive density requirement applies to the site. Shoreland — This water body is designated as a General Development Lake in the Shoreland Zoning provisions of the City Code. This section of the City Code requires density to be calculated by 200 foot wide tiers banding out from the OHWL of LeMay Lake. To encourage lower densities in tiers nearest the lake and greater densities in the outer tiers, Shoreland Zoning allows a density increase within each tier provided certain performance standards are satisfied, which is the case for this proposal. The density permitted on this site by the Shoreland Zoning within 800 feet of the OHWL is 79 units as identified in the table below. The proposed density is 50 units which is less than what is allowed. The unit numbers were provided by the applicant and a condition of approval has been added to identify the buildings overlaid upon the tiers. Shoreland Area (acres) Allowable units (area of tier /single family lot size) Density Increase (percent) Allowable units with density increase Actual # units Tier 1 2,84 10.3 50 15.6 0 Tier 2 2.4 8.71 100 17.4 14 Tier 3 2.48 8.98 200 27 17 Tier 4 1.76 6.39 200 19 19 Total 9.48 acres 1 79 50 A small parcel of land lies beyond tier 4 which equates for the difference between the 9.48 and 9.77 acres. The City has adopted the State DNR's model shoreland ordinance, and as such, it is designed to regulate different development situations statewide. The intent of this provision is to keep residential density lower at the shoreline and allow density to increase further from the shoreline; such is the case with the proposed development. A number of the provisions within the ordinance pertain to commercial enterprises that are not relevant to this proposal. The DNR was routed a copy of the submittal and has stated that if all aspects of the LeMay Lake Townhome development comply with the shoreland ordinance, the DNR does not have any concerns. Since the City of Eagan's Shoreland Ordinance was approved by the DNR, and it includes the Planned Development provisions for multiple dwelling developments, the DNR does not need to approve the proposed development. 10 Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 6 Site Plan — The Site Plan shows 50 townhome dwelling_ units. The site design and location is constrained by the Shoreland Overlay District requirements. Access to the site is from Jurdy Road, a public street. Streets within the development will be private. The buildings are located on the southernmost 8 acres of the site to preserve the land adjacent to LeMay Lake. Recreational site amenities include a tot lot, gazebo and basketball court. A monument sign is proposed at the entrance from Jurdy Road. Si na e — The proposed monument sign meets City Code requirements. The redwood sign is proposed to be a 4 foot 8 inch tall sign with a 28 sq. ft. sign face with brick piers and a stone cap. The sign is proposed to be located 10 feet from the property lines off Jurdy Road. Setbacks — Required minimum structure setbacks are 50 feet from I -35. R -3 zoning also requires a 30 -foot setback from the perimeter of the development site and 20 feet between buildings. The proposed building setbacks meet or exceed City Code requirements. Proposed front setbacks to the curb are 22 feet throughout the development, sufficient depth for off - street driveway parking. This is a deviation from typical code standards, which would require minimum setbacks for private streets of 20 -feet for a dead end and 25 -feet for a through street. Shoreland — Shoreland Zoning establishes a 50 -foot minimum structure setback from the OHWL of LeMay Lake. This requirement is met as there is no building proposed within the first tier or 200 feet from the OHWL; however, the applicant should submit a revised Site Plan that identifies the required setback as well as the proposed setback to the nearest structure. This is included as a condition of approval. Building Coverage and Impervious Surface — The City Code sets a maximum building to lot area ratio of 20% for R -3 zoning. The development proposes a building coverage ratio of approximately 11.52% (49,057 sq. ft./9.77 acres). Since this property is within the Shoreland Overlay District, the site must meet the maximum impervious surface area of 25 %. This requirement is met. Off - Street Parking — City Code requires two parking stalls for each dwelling unit, one of which must be enclosed. This development has a single -stall garage for each unit, plus one stall off - street driveway parking for each unit. Between the garage and driveway parking, the City Code standard is met. Additional off - street parking for guests and visitors is also provided in several locations throughout the development and totals 25 stalls. The parking spaces are shown to be 9' x 19', which is smaller than the 10' x 19' required by City code. This deviation can be accommodated via the Planned Development zoning. [D� Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 7 Recreation Space — The City_C_ode requires townhome and apartment developments to _provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Using this standard, a total of 7,500 sq. ft. of recreation space would need to be provided within the site. The recreational amenities include a tot lot, gazebo (3,807 sq. ft.) and basketball court (2,000 sq. ft.). This area combined is approximately 5,807 sq. ft, which is 1,693 sq. ft. less than required. Given the proposed land dedication discussed in more detail under the park and recreation portion of this report, and the adjacency to Moonshine Park, City Policymakers may determine the recreation space is reasonable. Further, this deviation can be accommodated via the Planned Development zoning. Grading/Topography — The preliminary grading plan is acceptable. A majority of the site proposed to be built upon is generally open and relatively flat. Almost the entire property outside the area proposed to be built has not been graded and is heavily wooded. The north side of the site, toward LeMay Lake, has a rolling topography. All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing storm water pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage — The preliminary storm drainage plan is acceptable with some modifications. Pre - treatment of storm water should be provided by forebays or sumps. A majority of the storm water runoff will be directed to a newly constructed storm water pond /infiltration basin in the center of the site. Any storm water leaving pond /infiltration basin will be routed into LeMay Lake through newly constructed storm sewer along the east side of the site. Water Quality — The entire parcel is within the Shoreland Overlay District of LeMay Lake, a public water of the State of Minnesota (DNR# 19- 0055P). This lake is ranked 6th of Eagan's 30 priority lakes, according to the City's 2007 Water Quality & Wetlands Management Plan ( WQWMP). The WQWMP classifies LeMay Lake as "L2," the highest management objective of which is "indirect contact" recreation such as fishing and canoeing. LeMay Lake is also among the 12 lakes currently being studied through the 2012 -2015 Neighborhood Lakes Clean Water Partnership Project, with has received financial support from the Minnesota Pollution Control Agency. Any development of this parcel is subject to City Code §11.65 Shoreland Overlay District Regulations. Such regulations "apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type, and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land which has shoreland area" (Eagan City Code § 11.65. 6 0<2 Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Paize 8 Subd, 2.). City Code §11,65, which was approved by Minnesota Department of Natural esources DNR iric u es provrsions for planned unit developments. Therefore, MNDNR does not need to approve this proposed development. MNDNR has informed the City that if all aspects of this proposed development comply with City Code § 11.65, it does not have any concerns. City Code §11.65 classifies LeMay Lake as "General Development," the least restrictive classification. Nevertheless, there are standards for General Development shorelands relating to minimum dimensions for lot widths, lot areas and structure setbacks, and maximum structure heights and impervious surface coverages. There are also requirements for grading and erosion control, standards that will be addressed through a land ' disturbance permit and also in accordance with City Code §4.32 Land Disturbance and Erosion Control Regulations. Stormwater Mana ement — This development will need to comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and Y2" Volume Control. The applicant currently proposes to meet City water quality requirements through construction of a large water quality pond (to address runoff rate control and TP /TSS Control). An infiltration/filtration basin is being planned to be included (to address volume control). Eagan Water Resources has reviewed the applicant's plans for stormwater management and is providing feedback to the applicant's engineer, for the proposal to meet the City Code §4.33 stormwater requirements. Wetlands — Although there is 880 feet of lakeshore to the north of the proposed development area, there are no individual wetlands within the site. Thus, City Code § 11. 67, wetland protection and management regulations, does not apply. Utilities — Existing sanitary sewer and water main run along Jurdy Road on the west side of the site and are available for connection by this development. The preliminary utility plan is acceptable with some modifications. The proposed water main should be looped to Jurdy Road. Streets /Access /Circulation — The development is proposed to be served internally with private streets with public street access to Jurdy Road at one location. Jurdy Road and High Site Drive can accommodate the estimated traffic generated by this proposed development. The proposed Site Plan includes private streets that are 24 feet in width instead of 28 feet as required by city code; however, on- street parking will be prohibited so adequate access should be maintained. Internal sidewalks within the development are proposed to connect the rear yards of the units in the center of the site and the playground. No pedestrian facilities were proposed to bring pedestrians off -site. Easements /Permits /Right -of -Way — Platting of this property will include dedication of sufficient right -of -way for Jurdy Road. �o� Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 9 Fire Protection - To provide and maintain emergency- vehicle access, "No Parking_ Fire_ Lane" signs should be installed on both sides of the private street with spacing every 100 feet apart, per the International Fire Code as identified on the Site Plan. Landscaping - The submitted Landscape Plan shows shade trees (maple, honey locust and white oak) lining the streets and foundation plants at each building consisting of perennials (daylily, hosta) and shrubs (juniper, yew, spirea and varieties of dogwood). Additional shade trees (river birch) are located near the stormwater pond. A row of existing trees along the west edge of the site is used to establish a vegetative screen between the development and Jurdy Road. City Code requires shrubs to be a minimum of 3 feet in height at time of planting. The Landscape Plan should be revised to account for this requirement which is included as a condition of approval. Tree Preservation - This development application's tree preservation is considered on a single - lot, single -phase type of procedure. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30 %. A tree inventory submitted with the application indicates there are 229 significant trees currently existing on site. According to plan submittal, tree impacts will result in the removal of 7 significant trees (3.1 % of the total). Because the proposed amount of significant tree removal is less than the allowable, there is no required tree mitigation. Architecture and Exterior Materials - The buildings are two stories with a pitched gable roof. The unit mix provides one, two and three bedroom units. This provides variation in the roof lines and building facades since each building contains a mix of two and three bedroom units. The three accessible units are single story and are located at the east end of buildings 1, 7 and 8 and according to the applicant this design assists with sound attenuation from I -35E. City Code requires that all exterior vertical surfaces of a building have an equally attractive or the same finish. Exterior materials consist of fiber cement board lap siding with asphalt shingles. The building elevations show shakes in the gable roof features. Brick is used around the garages on the front elevations, and also on the rear elevations to mimic the front on buildings 4 and 5, perhaps because they front Jurdy Road; however, this feature should be carried out on all buildings and is a condition of approval. A color palette for the materials was not provided. Each unit has an individual entrance from the outside, and from inside the garage. The garage doors are proposed to be prefinished and should be painted to match the building exterior. This is also included as a condition of approval. Site Lighting - The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. Lighting shall be indirect and diffused and shall not be directed upon public rights -of -way or adjacent properties. Site lighting is provided by 14 light poles along the private street. Additionally, each unit will have a wall sconce near the front door. The lighting plan is acceptable with minor modifications. Light levels appear low in the far SE corner of the site near the five guest parking stalls. Staff suggests the applicant provide additional lighting in this area. This is included as a condition of approval. t `C) Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Page 10 Parks and Recreation Parks — The Park Dedication for the proposed development should be met through land dedication. The Park Dedication requirements of this development can be satisfied in one of two ways or a combination thereof, 1) The dedication of an area of land to the City generally equivalent to 10% of the developable area, subject to criteria specific to the physical character of the property. (As applied to this Development; 9.7ac X 10% _ .97 acres) 2) A per unit cash payment as determined by the applicable fee schedule rate. (As applied to this Development; 50 Townhome units x $3,708 = $185,400) Due to the significance of the unique natural character and location of the subject property and its capacity to accommodate the development of park amenities originally proposed for the adjacent Moonshine park, staff and the Developer have agreed that the balance of site not specifically designed as part of the proposed development would be dedicated to the City. The dedication area consists of low quality woodland and a long, sloping scenic lakeshore. The larger upland portion of the area is conducive to park development. The benefit of the dedication to the Developer is the City's assumption of management responsibility for the site and its natural resources as well as the City's willingness to develop a park accessible and useable by the CDA residents. The proposed dedication is calculated as follows (approximate pending survey definition); Approximate area of the site = 24.6 acre Area retained for CDA development and ROW = 6.1 acres Dedication to the City (including lake bottom) = 18.5 acres ( -) Area under water = 14.9 acres Dedication above the OHWL = 3.6 Acres (estimated) The proposed land dedication of 3.6 acres (non- lake /developable area) exceeds the .97 acres of property that would be required for a land dedication by over 300 %. Because the value of undeveloped lakeshore property is extraordinarily high, the value of the 3.6 acres also exceeds the amount of a potential cash dedication. Keeping the lake bottom portion of the lot as one parcel combined with the upland portion of the dedication will prevent a gap in ownership as would be created if it were retained by the CDA and the development area dedication. To facilitate the review and development approval process the dedication area will initially be considered as a public easement. Upon finalization, the lots will be subdivided with the City being granted fee title to the aforementioned dedication area. The CDA will secure a survey and develop the legal descriptions for the new lots in cooperation with the City. Development of the park area would be guided by the APrC and City Council with funding being requested through the CIP process. The CDA has expressed a desire to provide comments on any park plan with a focus on connections between the park and development. Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Paize 11 Additionally, the Park Dedication Policy allows for a credit of up to 25% towards the final dedication for the rovisiori of recreational amenities that will reduce the demand for public recreational facilities made by the residents of a new development. The proposed development includes a tot lot, gazebo and basketball court, providing on -site recreational improvements. Trails – The trail dedication for the development would generally consist of a per unit cash dedication of $250. Based upon 50 townhome units, the estimated cash dedication would be $12,500 (50 x $250). Recognizing the large size and subsequent value of the proposed land dedication, it would be prudent to consider the trail dedication as having been met. The site is conducive for internal park trails and a potential connection with an existing trail easement on the east side of the lake. Financial Obli ag tion At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of -way required with the plat: Improvement Use Rate Quantity Amount Trunk Storm Sewer Multi Family — $ 0.164/ sf 425,565 sf (9.77 ac) $ 69,793 SUMMARY /CONCLUSION In summary, Dakota County CDA is requesting approval of a Rezoning from R -3, Residential Townhouse to PD, Planned Development, and a Preliminary Planned Development approval for a 50 -unit townhome development upon 25 acres located west of 1 -35E, east of Jurdy Road and along the south shore of LeMay Lake. The project consists of 10 buildings containing 50 units. Each unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. Site amenities include a tot lot, gazebo and basketball court. A sidewalk connects the north and south portion of the development throughout the middle of the site. The development falls within the Shoreland Overlay District of LeMay Lake. The proposed plan meets all requirements of the Shoreland zoning. The development would result in approximately 3.5 acres of land dedication to be used as park land adjacent to Moonshine Park and consisting of a portion of LeMay Lake and it's shoreland. �l )� Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Paee 12 Execution of the Planned Development Agreement _ will simultaneously constitute the Final _ Planned Development Agreement for the property. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning of approximately 25 acres from R -3, Residential Townhouse to PD, Planned Development, on property located at 1319 Jurdy Road, bordering the south shore of LeMay Lake and adjacent to Moonshine City Park and Retreat Center, in the NW '/a of Section 10. To recommend approval of a Preliminary Planned Development consisting of 50 dwelling units upon approximately 25 acres on property located at 1319 Jurdy Road, bordering the south shore of LeMay Lake and adjacent to Moonshine City Park and Retreat Center, in the NW '/a of Section 10. If approved the following conditions shall apply: L' The owner and /or developer shall enter into a written Planned Development Agreement with the City. The Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. The following exhibits are necessary for the PD Agreement. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Site Lighting Plan 2. The Planned Development shall have a 5 -year term. 3. The construction of the townhome units shall meet the sound attenuation requirements per the Metropolitan Council Transportation Policy Plan. 4. The rear elevations shall mimic the front of all buildings with the use of brick as proposed with buildings 4 and 5. 5. The garage doors shall be painted to match the building exterior. 6. The monument sign shall meet City Code requirements and a Sign Permit shall be obtained prior to installation of the monument sign. 7. The applicant shall submit a revised Lighting Plan to provide lighting within the SE guest parking area. The Lighting Plan shall meet City Code requirements. 8. A revised Site Plan shall be submitted that overlays the tier lines and identifies the number of units /building per tier. The minimum required OHWL setback and proposed setback to the nearest structure shall also be noted. The OHWL is defined at 876.7 on the Site Survey dated November 20, 2012. Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Paize 13 9. The applicant shall install "No Parking Fire Lane "_signs on both sides of the private street, with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 11. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 12. A water main loop shall be provided to connect the proposed new water main in two locations along Jurdy Road. 13. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and 10 -foot drainage and utility easements adjacent to all public right -of -ways, 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. 14. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street right -of -ways 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. 15. This development shall dedicate all public right -of -ways and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 16. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. 17. 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. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. Planning Report — LeMay Lake Townhomes (CDA) April 23, 2013 Pate 14 19. 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. 20. Prior to receiving a grading permit, the applicant shall meet all City stormwater requirements (including Runoff Rate Control, TP /TSS Control and I /z" Volume Control). 21. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring logs (minimum of 2 samples, extending 10' min. below bottom of over - excavation area) from within the location of any proposed stormwater infiltration feature, to evaluate and ensure suitability for infiltration. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 22. Prior to receiving a grading permit, the applicant shall provide adequate pre- treatment (street -side catch -basin sumps, filter -box, etc.) to ensure capture and easily - accessible cleanout of fine -sand sized particles for the off- -site stormwater facility that receives direct impervious runoff from the development site. 23. Prior to receiving a grading permit, the applicant should enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 24. Park dedication shall be met through the dedication of approximately 18.5 acres of property to the City, of which approximately 3.6 acres are above the OHWL, located immediate to the north of the development site and consistent with the depiction in the approved development plans. The exact boundary to be determined by a survey coordinated by the CDA and in consultation with the City. The initial dedication shall be in the form of an easement to the City pending completion of the subdivision process whereby the City will acquire fee title. 25. The required trail dedication shall be considered satisfied by the park dedication 26. The applicant shall protect the preserved individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 27. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. IMINEM 0 IP, • Z ' t -Kh obf AD pp Location IVlap VA Subject Site OAKSTREET STREET ;Park lk� q09-1 00 PKWY A5 EME ® _ � _� `gam` -"-�� °-._ 0 '� BS W / VA Subject Site Project Name: LeMay Lake Family Townhomes Request: Rezoning/Preliminary Planned Development Case No: 1 O-RZ-01 -03-13/1 O-PD-01 -03-13 * City of Eap \ 1 La OR OAKSTREET STREET o q09-1 00 PKWY ® _ � _� `gam` -"-�� °-._ - -- _ '� Al Feet Project Name: LeMay Lake Family Townhomes Request: Rezoning/Preliminary Planned Development Case No: 1 O-RZ-01 -03-13/1 O-PD-01 -03-13 * City of Eap \ 1 La OR OAKSTREET STREET o q09-1 00 PKWY lu Al Feet 0 500 1,000 2,000 Legend = Parcels . x` IN Parks Jolla 161,j City Boundary N City of Eap Current Zoning and Land Use Map Application: LeMay Lake Family Townhomes Type: Rezoning /Preliminary Planned Development Case No.: 10- RZ- 01 -03- 13/10- PD- 01 -03 -13 Zoning R -3 Residential Townhouse Land Use Plan MD Medium Density /\ N 0 300 600 1,200 Goo+ s' ■ ■ T N:nv�.�11 FBI �jr? RC 0 a�thrd��� MD Subject Site RC 410 IND RC Li �-IN•� \'tea Z t d � , t 5 _ go in J` A Y I �—_ rY Coup f o a 6U KV I-Y i N ALTA/ACSM LAND TITLE SURVEY o I V) I FOR N i °a ! DAKOTA COUNTY CDA 0 i wLU 0, w I aw I I _j I o o wLU — _ L _ _ S89, 50-16-W 66602 y L I _ -- J _ ._ _._ P ! 6� � hi -Cc II [6R €� LEMAY LAKE II ai v, Y4k h WATER ELEV =6zsI jll Z Cb �° I 8 % @;h Hmaalz it w w O Q <~ I bno I ,..awe„w..,o,..m uau,asm,mb.».enowa,.ms ..RaKnc - t�' J Q Q Q o i'1 w w Ln gqb�ns`_ S69. 59 66W 3.15x! @nb OUTLOT D'� �I 1 00 g Np I I I 0 ti a m' mes.am D 89 Z I I I Z SB9. 50'S6W NEE) O mz` �'•. III .� m i.,, �•, .,�•• P.o„Fr LEMAY LAKE I i� Yu. WAT)5) I Vi ER ELEV =9 A.v• , - -w mp �mz 1NW)NI2 w m w ;: 11 /d O kq N. Fi 1 O Qf O > R _ z� � ✓-�5 f > s� } Z Z O 0 F- 0 0 1 N I � I w Elf I Ll 11 I ...... p ounoT E wd _ �J7 to 589�52'42W 14660 mill L♦ - A1° ! a— j PROPERTYADORESS: 1319JURDY ROAD PID: 100100057011 A. 1 k - 'sb'- � Temsaanli _ FOR ZONING AND SETBACK INFORMATION yQ i"' nlvq 'r+q '"Pr{>,Q i ♦ Y/y CONTACT THE CRY OF EAGAN PLANNING DEPARTMENT W I \ wIN • �p[aanrt y emnaYr - 1. «jxww «nmey,d— ,m,Ta„u. PARCEL AR EA = 24.58 ACRES PROPERTY DESCRIPTION Cemmitminl USal Daurtpbm �O. �I�9, L7 ! Y'A jeppsW mm+'OAaT°" '\nattn Nsz�z� LEGEND - -[ ',% .. 'e — — — t �� -'• 1' 1� • DENOTESIRON MONUMEMFWtO OflpTES IRONMQYUMEM SET / / „n14 3s, n,) .. -� �:••�.'//•• {j- DENOTESIIGHfPttE OENOTE9 GDi1NRE 5747E 330.00.— .•.__sT♦ /+� / '01 .—IS POV.ERPoLE .` 1)ENOTESCATCH6A4N r- •.'3`> \ pd DENOIESwnrER- wm+S '- l?. -♦. __� F,�i OENDT —REHY. - EFFRESSn SECOND ADDITI OIL..: �f (- `',.J�¢ ® pENJTE99TOPM MpNpIE DENOTES SANTPRY MANHOLE I om® NOTES: 1. 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F s3 .g IINT LJO - LI SEES -EEf U O— B'EIrt —N� ES!EEr l20 t / I m I L i 0 OF1153E .0 CNN I I OCt LEBH531S •NVtl IS9V°OeIYJlJ3 0 L1133N531S'NW L °Ya °UVlN3 9 $ €„ o €m € 10 ��soi�mwor� S i3 a �,aI a� Fad =�S N �� ��y�mm ����9 �r�� �P�g`�SB��m� 9 >���n gn�m�������1��9�a �^ ��_ eon "rA m � 3 �5 °g�= ��_ 9r HIM a pg.'° ion ffi'fi m o MIA- £F =." = ik " >" R sr IN Hm ol a A H cf) iAlp _ O � �a� 6- LIGHTING PLAN Lemay Lake Lighting Layodt 01� g- r, - 1, SITE DETAILS .00; y N. aYz i a _ cn mm $ 0 g a" o rtm t ---- - - - - -- ------ n r { W Way m� {n) 9^ HE_ CD ag' m -} -- -� i a , sea; I i 9O V1 z m x ii ,7ao - -f §iui r r x m h G S q� ca z $ e: IM z ❑ § z z z e� =m 9s' t :l a= i - � I `LA i _ I H m° L__J . 1 ' gig $e 't' =3� a _ cn mm $ 0 g a" o I / ,.T I I ---- - - - - -- ------ n r { W Way m� CD I i 9O V1 z m x ii ,7ao - -f §iui r r x m h G S q� ca z $ e: IM z ❑ § z z z e� =m 9s' t :l a= i - � I `LA i _ I H m° L__J . 1 ' gig 3 i I j iI� I 2I I I f >I i, 1 Ci -I 411 ml�l Ig 11 9� m X30 @ N Nz o I:_ I / ,.T I I ---- - - - - -- ------ 3 i I j iI� I 2I I I f >I i, 1 Ci -I 411 ml�l Ig 11 9� m X30 @ N Nz o I:_ FLOOR PLAN BLDG 1 W. 2 P -0 W 0 k 30 qo son= 22. 222 m aza FLOOR PLAN BLDGS 2,3,9&10 qYm n1p gR -n a] po 05, cz — ---- ------ n1p gR SmF } ° /!! FLOOR PLAN BLDGS 4&6 El /§P � \��i � ƒ�: ' /03M � ; > \ � \i��� /��� \ d/ ) % \ y } Is. t al � |� FLOOR PLAN BLDG 5 22 O �;l g n 0-m \,;]\ go \ ; \ y ) cl. a / 22 FLOOR PLAN BLDG 7 � | �_ C, /\ \ / \ \ � \���� /��� \ n 0 1 �o > � /\ \ / � il in 21 Z a z FLOOR PLAN BLDG 8 CAP 4 39 A zl CP o II 13 ------ ELEVATION BLDGS 2,3,9&10 � / g 0 m z m 0 E -Ala A-- T -M A ni --A4 L p rn ou m � `lii, 0 p E - � � � . \� ;�� sUa �3 E -Ala A-- T -M A ni --A4 L p 0 p E ELEVATION BLDG 4 ■ Rg %; 9 H I i > 7 /��. 25Z 0 ----------- nfl: IRISH HR MA \ 4 As % Rg %; 9 H I i > 7 /��. 25Z ----------- nfl: IRISH HR MA Rg %; 9 H I i > 7 /��. 25Z ELEVATION BLDG 5 \ ( f •» m a o j \ / �® !( «` ��'' /� \ ( \� oo e ZA M flfll- ur; HN H IN, � \ \ \� : ( oo e ZA ) ELEVATION BLDG 6 � / ƒ � � $ � \ $ � r! \ / $ ( n i r , c� \ *§ 3 � / � t ! � o \� . � r! \ / $ ( n i *§ 3 � / � t ! � i � \� 22 � \ � NARRATIVE LeMay Lake Townhomes — Planned Development Narrative - -- Phe site has a residential medium density designation in the Comprehensive Guide Plan and the current zoning is R -3. The proposed development meets the general guidelines for the R -3 zoning, The proposed site plan does include road widths of 24 feet rather than 28 feet however, no parking will be allowed on the roads so the 24 foot width should be sufficient. In addition, the parking stalls are 9 X 19 rather than 10 X 19 but we believe this width will work fine for this site. The proposed use is a 50 unit work force housing development consisting of one, two and three bedroom townhome units. The Dakota County CDA began developing affordable family housing in 1992. Since then, 19 developments have been completed providing 623 affordable rental townhomes for working families; one additional development is currently under construction. These developments are located in the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. Each development is 99% owned by a private partner who provides approximately 60% of the financing. U.S. Bancorp Community Development Corporation has been the private partner for 18 of the CDA's 20 family housing partnerships. The CDA is the general partner, developer, manager and lender for each development. To qualify for these townhomes, applicants must have good landlord rental histories, good credit references and clean criminal histories. Applicant's annual gross household income may not exceed 60% of the area median income adjusted for family size. Currently, the maximum income for a family of three is $45,360. This site plan includes primarily two and three- bedroom units but we do have 2 one- bedroom units. Current rents for similar units are $585 for a one - bedroom, $645 for a two - bedroom and $700 for a three- bedroom. The average income of residents is $30,000. The average family size is three. The majority of residents are working at modest paying jobs and over half are headed by a single parent. Currently the land is vacant. The surrounding land use is primarily other residential uses, The overall site is 24.60 acres of which 9.85 are buildable; a portion of the site is in LeMay Lake. The parcel is subject to the DNR Shoreland regulations which limit the area of the site that can be covered with impervious surface. Some areas of the site are heavily wooded and the proposed site plan works around the trees to preserve as many as possible. Given the proximity to 35E, sound analysis was conducted and certain noise attenuation will be included in the plans. A portion of the site, between the proposed townhomes and LeMay Lake, will be left undeveloped. In discussions with city staff, it was determined that because this site is adjacent to an existing park, the undeveloped area could be incorporated into the existing park. The developer is willing to deed a portion of the property to the city for park land in lieu of paying a park and trail dedication fee. This will considered by the Parks R E V � Sl) ' EN ED APR 0' 3 7M Commission at a meeting on April 17, 2013. If this is approved, the current parcel will be split into two parcels with one deeded to the city for park use and the other remaining_ parcel for the tome development. The timing of the construction is expected to begin in the summer of 2014 and be completed in the summer of 2015. The entire townhome development would be constructed at one time under one construction contract. PLO RECEIVED APR 0 3 2013 2 Z 0 r) r) CO 75 w 0 r Z 0 _J H w v —j w —j ---------- ------- ------------ - ----- 0 R ---------- c II z U) L"L om 0 wnr WOU 3.Z6XII.88N hl w & c L-1 gL... ... aO X M09 A9,689 tp, A2 ayy 4.2. ftzvzg. .1Z 01-1 'L" _177 all ul. b2 ld, spy 3 & 13 n-L-1 OY LU La LU cr PIK 01-1 'L" _177 all ul. b2 ld, spy 3 & 13 n-L-1 OY LU La LU cr aO X M09 A9,689 ayy 01-1 'L" _177 all ul. b2 ld, spy 3 & 13 n-L-1 OY LU La LU cr AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 7, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE a Resolution to Pledge Tax Increment Revenues from the Cedar Grove Redevelopment District for the Repayment of City of Eagan TIF Bonds to be Issued for the District. D. OLD BUSINESS E. NEW BUSINESS 1. CONSIDER Concept Plan and Purchase Proposal from Jensen and Jensen Properties, LLC for Acquisition and Redevelopment of Property at 3880 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURN 1 4) Agenda Information Memo Eagan Economic Development Authority Meeting May 7, 2013 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES —The minutes of the April 2, 2013 EDA meeting are enclosed on pages H), through H2.) . 2. APPROVE A RESOLUTION TO PLEDGE TAX INCREMENT REVENUES FROM THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR THE REPAYMENT OF CITY OF EAGAN TIF BONDS TO BE ISSUED FOR THE DISTRICT — As a part of the actions related to the Sale of TIF Bonds in association with the Modified TIF Plan for TIF District No. 1 (Cedar Grove Redevelopment District), the EDA is to pledge the proceeds from the district to the repayment of the City bonds to be issued for the redevelopment. The resolution enclosed on pages I Hq through lyS and the Tax Increment Pledge Agreement on pages ►W(p through 1q_ need to be approved and executed for that purpose. 1 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota April 2, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, April 2, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay:0 1. It is recommended to approve the minutes of March 19, 2013 EDA meeting as presented. 2. It is recommended to appoint the EDA Executive Director. 3. It is recommended to approve Parking Ramp Design Approval Agreement with Paragon Outlets Eagan LLC. 4. It is recommended to approve First Amendment to Sale and Purchase Agreement between the EDA and Paragon Outlets LLC pertaining to Easements, Covenants and Site Grading. 5. It is recommended to approve Parking Ramp Easement Agreement with Paragon Outlets Eagan LLC. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — CEDAR GROVE PARKING GARAGE CONCEPT PLAN Community Development Director Hohenstein introduced the item noting in redevelopment districts, the EDA has a practice of reviewing and providing preliminary concept approval for projects. The Council is asked to review the Cedar Grove parking garage preliminary concept plan. Hohenstein provide the background information on the parking stalls, stair connections, and provided aerial views of the parking ramps. Peter Coyle with Paragon was available for questions. The Council discussed the concept plan and provided feedback on the back screening, signage, and asked staff to provide a cost estimate for single elevators. Also discussed was the option for a third �q a.. parking level and possible uses for Outlot A and B. Councilmember Bakken noted the possibility of charging stations for electric hybrid vehicles, pay as you go meter; where they might be located if implementing those spaces in the future. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Cedar Grove Parking Garage Concept Plan for the property designed for that purpose in the core area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Commissioner Bakken moved, Commissioner Fields seconded a motion to authorize Walker Parking Consultants to proceed with design development of the parking structure consistent with the concept plan. Aye:5 Nay:0 Commissioner Bakken moved, Commissioner Fields seconded a motion to authorize staff and Walker to proceed with the preparation and submittal of Planned Development Preliminary Subdivision applications for the improvement on the property. Aye: 5 Nay: 0 CONSIDER A RESOLUTION TO UPDATE THE REDEVELOPMENT PLAN AND MODIFY THE FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 WITHIN THE CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein introduced the item noting the original Redevelopment Plan and Tax Increment Financing Plan for the District did not include construction of a parking ramp and the need to update and modify those plans to acknowledge the progress that has occurred. Mark Ruff with Ehlers gave a summary of the modification to the Tax Increment Financing District No. 1. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve a resolution to update the Redevelopment Plan for the Cedar Grove Redevelopment Area, and adopt the Modification of the Tax Increment Financing District No. 1 within Cedar Grove Redevelopment Area. Aye: 5 Nay: 0 OTHER BUSINESS There was no Other Business. Community Development Director Hohenstein gave a quick update on the Cedar Grove Redevelopment noting relocation of the pipeline and other utilities on the property will begin soon. City staff began clearing and grubbing the trees that need to be removed before the main development with grading commencing shortly after we close. ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye:5 Nay:O Date ��3 Dave Osberg, Executive Director DRAFT: 4/26/13 EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EAGAN TO ISSUE BONDS AND CONSTRUCT A PARKING STRUCTURE, APPROVING TAX INCREMENT PLEDGE AGREEMENT AND RATIFYING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE CEDAR GROVE REDEVELOPMENT AREA AND THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 (A REDEVELOPMENT DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the "Board ") of the Eagan Economic Development Authority (the "EDA ") as follows: WHEREAS, this Board and the City Council of the City of Eagan (the "City ") established the Cedar Grove Redevelopment Area pursuant to Minnesota Statutes, Sections 469.090 to 469.108 and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the EDA has proposed a Modification to the Redevelopment Plan for the Cedar Grove Redevelopment Area and a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1 (the "District "), and the City Council has scheduled a public hearing thereon, all pursuant to, and in accordance with, Minnesota Statutes, Section 469.174 to 469.1799 and Sections 469.090 to 469.1082, inclusive, as amended; WHEREAS, pursuant to Resolution No. 13 -15, copies of the proposed Modification were distributed to Dakota County and the affected school districts; WHEREAS, certain estimates set forth in the Modification have been updated to reflect information subsequently available; WHEREAS, the Modification specifically contemplates the issuance of bonds by the City and construction of a parking structure to serve a portion of the Cedar Grove Redevelopment Area; and WHEREAS, there has been submitted to this Board a form of Tax Increment Pledge Agreement whereby tax increments from the District will be pledged to support the City's bonds; NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The proposed Modification to the Redevelopment Plan for Cedar Grove Redevelopment Area (the "Redevelopment Plan Modification ") and the proposed adoption of a Modification to the Tax Increment Financing Plan (the "TIF Plan ") for Tax Increment Financing Nq District No. 1 ( "TIF District No. 1 "), a redevelopment tax increment financing district (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Modifications "), as updated, are hereby ratified and confirmed. 2. The EDA hereby requests that the City proceed to issue the bonds and construct the parking structure as contemplated by the Modifications. 3. The Tax Increment Pledge Agreement is hereby approved and shall be executed by the President and Executive Director in substantially the form on file. 4. Staff and consultants are authorized and directed to take all steps necessary to implement the Modifications and to undertake other actions necessary to complete the transactions described in the Modifications. Approved by the Board on May 7, 2013. ATTEST: Executive Director dms,us.51990416,01 2 Mike Maguire President APPROVING RESOLUTION DRAFT: 4/26/13 TAX INCREMENT PLEDGE AGREEMENT TAX INCREMENT FINANCING DISTRICTS NO. 1 THIS AGREEMENT is made and entered into on or as of the 1st day of June 2013, by and between the City of Eagan, Minnesota (the "City "), and the Eagan Economic Development Authority (the "Authority ") as set forth below. WHEREAS, the Authority and the City have established the Cedar Grove Redevelopment Area (the "Project Area") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and have approved a Redevelopment Program for the District (the "Program "); and WHEREAS, Tax Increment Financing District No. 1 has been designated as a tax increment financing district pursuant to Sections 469.090 to 469.108, Minnesota Statutes; and WHEREAS, as part of the Program the City will construct a parking structure (the "Parking Ramp ") which is to be owned and operated by the Authority and to be financed by Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Bonds ") to be issued by the City; and WHEREAS, the Authority has agreed to pledge the available tax increment revenue of the District to the City for the payment of the principal of and interest on the Bonds; and WHEREAS, pursuant to Section 469.178, Subd. 2, Minnesota Statutes, any agreement to pledge tax increment revenues must be made by written agreement by and between the Authority and the City and must be filed with the County Auditor of Dakota County; NOW, THEREFORE, the City and the Authority mutually agree as follows: 1. The City will issue and sell the Bonds. 2. The proceeds from the sale of the Bonds will be applied by the City to construct the Parking Ramp. 3. All available tax increment generated by the District from and after the date of this Agreement legally available therefor shall be deposited in a special fund (the "Fund "). On or prior to the first day of February and August of each year the Authority shall transfer to the debt service account for the Bonds an amount sufficient to pay the principal of and interest on the Bonds when due. Any remaining tax increment derived from the District shall be retained by the Authority and may be used for any eligible costs of the Program. The pledge of tax increment hereunder may be subordinated to or placed on a parity with any subsequent pledges of such tax increment by agreement of the Authority and City. 4. When the entire public development costs of the Program have been paid and all principal and interest on the Bonds and other obligations issued to finance the public development costs of the Program have been paid, then the Authority shall report such fact to 1 Q- the City Council of the City and the Authority shall submit a final statement of such payments. 5. An executed copy of this Agreement shall be filed with the County Auditor of Dakota County pursuant to the requirement contained in Section 469.178, Subd. 2, Minnesota Statutes. dms.us.51990891.01 OA N9 TAX INCREMENT PLEDGE AGREEMENT IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf as of the day and year first above written. ATTEST: City Clerk S -1 Ep CITY OF EAGAN, MINNESOTA C Mayor TAX INCREMENT PLEDGE AGREEMENT EAGAN ECONOMIC DEVELOPMENT AUTHORITY By President By Executive Director S -2 TAX INCREMENT PLEDGE AGREEMENT 09 Agenda Memo Eagan Economic Development Authority Meeting New Business May 7, 2013 1. CEDAR GROVE REDEVELOPMENT DISTRICT — JENSENS PROPERTY EXPANSION CONCEPT PLAN ACTION TO BE CONSIDERED: 1) To approve the Jensens Preliminary Redevelopment Concept Plan dated May 1, 2013 for the assembly and redevelopment of property in the core area of the Cedar Grove Redevelopment District. And 2) To direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and Jensen & Jensen Properties LLC for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. FACTS: Background • One of the conclusions of the original Cedar /13 Task Force Study was that certain destination uses, such as Jensens Supper Club, be a part of the long term redevelopment plan for the area. • Since that time, a number of redevelopment concepts have been considered that would incorporate the restaurant and identify a long term solution for the parking demand created by this use. • A limiting factor in those plans was the location of the restaurant's main entrance facing the former credit union property to the west. The EDA had retained the credit union property until recently and marketed it for third party acquisition and reuse. • The current redevelopment plan, anchored by the development of the Paragon Outlet Center, requires the realignment of the street network in the area, including Rahn Road and its intersection with Cedar Grove Boulevard. This realignment shifts the roadway to the east and required the demolition of the credit union building, leaving the remnant parcel available for another use. Jensens Concept Proposal • Doron Jensen approached the EDA with a request to negotiate a purchase agreement to acquire and assemble the former credit union property with his restaurant site, to Mug install an additional parking field centered on the restaurant's front door on the west side of the building. • The EDA authorized staff to proceed with negotiations in this regard and a tentative agreement has been reached that is outlined in the attached letter of intent from Mr. Jensen. • In addition to selling the property for the parking expansion, the EDA would repurchase an easement area to permit the construction of a pedestrian trail from the intersection of Rahn Road and the new Eagan Outlets Parkway and the future development at the east end of the development, a connection that was also envisioned in the original Cedar /13 Task Force Report. • In its role in reviewing issues pertaining to the finances of the Cedar Grove Redevelopment District, the City Council Finance Committee reviewed the LOI and concept plan at its meeting of April 24, 2013. The Committee is recommending authorization to proceed with negotiations of a purchase agreement based on the terms of the proposal • Because this is a matter of negotiation for the purchase of property, if the EDA wishes to ask questions regarding specific details of the proposal, it would be appropriate to recess into executive session for that purpose. If the EDA finds the matter to be in order, it may take the actions outlined above at this time. Concept Review Process In redevelopment districts, the EDA has a practice of reviewing and providing preliminary concept approval for projects at this stage to authorize the staff and developer to undertake the stepwise process of bringing a property sale, development and financing plan forward. While a project will still require formal development approvals through the application and review process of the Advisory Planning Commission and City Council, the purpose of a preliminary concept approval is to provide assurance that the EDA, as owner of the property, has determined there is merit to taking the steps necessary to complete the other steps and agreements necessary to permit the prospective developer to proceed with that process. At this time, staff is requesting that the EDA also consider approval of the preliminary concept plan and, if that is approved, direction to prepare a purchase agreement under the terms in the letter of intent for future consideration by the EDA. ATTACHMENTS: • Letter from Jensen and Jensen Properties LLC on pages through t!-34 • Redevelopment concept plan dated May 1, 2013 on page '�,5! • Detailed concept plan and elevations will be presented at the EDA meeting. 1 sI Jensen & Jensen Properties, LLC 3840 Sibley Memorial Highway Eagan, Minnesota 55122 April 25, 2013 City of Eagan Economic Development Authority c/o Jon Hohenstein, Director of Community Development 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Letter of Intent to Purchase Lot 4, Block 1, Cedarvale 2nd Addition Dear Mr. Hohenstein: This non - binding letter of intent reflects the proposal of Jensen & Jensen Properties, LLC ( "Jensen ") aka Jensen's Supper Club to purchase the above - referenced real property ( "the Property ") in the City of Eagan ( "the City "). We understand the City of Eagan's Economic Development Authority ( "EDA ") is the owner of the Property. Jensen desires to purchase the Property for the purpose of expanding its business at its current location including through the addition of parking capacity on the Property, given its proximity to Jensen's Supper Club. Jensen's Supper Club has successfully conducted business in the City since 1996. While we have received numerous proposals to relocate our business, we have always felt we were in the right place to serve our customers. Nonetheless, in order to grow and diversify our business, we need to have cost - effective access to suitable land to accommodate growth. Acquisition of the Property will ensure that Jensen's Supper Club has room for possible future expansion of its building, while also ensuring the availability of necessary parking today. We propose to pursue a purchase agreement between the EDA and Jensen's on the terms set forth below: 1. Property. Lot 4, Block 1, Cedarvale 2nd Addition, Dakota County, State of Minnesota, the exact legal to be determined by survey. 2. BLJYer. Jensen's is a Minnesota company that owns and operates Jensen's Supper Club as a related business entity. Jensen's desires to construct additional parking and landscaping adjacent to its current restaurant property in the City. 3. Purchase Agreement. Based upon this Letter of Intent, EDA and Jensen's shall endeavor to enter into a definitive purchase agreement for the Property. 4. Purchase Price. The purchase price to be paid by Jensen's is $10.00 per square foot for a total purchase price not to exceed $310,000, to be paid as follows: (a) upon the execution of a purchase agreement, Jensen's shall pay $1,000.00 earnest money to an escrow agent agreed upon by EDA and Jensen's; and (b) the remainder of the purchase price shall be L -)�), paid at closing, with the earnest money fully credited against the purchase price, or otherwise distributed pursuant to the terms and conditions of the purchase agreement. 5. Closing. The closing of the transaction contemplated herein shall occur on or before , 2013, unless postponed or extended in writing by EDA and Jensen's. 6. Survey. EDA, at its sole expense, shall have the Property surveyed and shall deliver the same to Jensen's within 30 days after the execution of the purchase agreement. 7. Trail Easement. At closing, Jensen's will grant to the EDA a 4,500 square foot pedestrian trail easement over and across the south side of the Property at $10 per square foot ($45,000), and a 3,000 square foot pedestrian trail easement over and across the south side of Jensen's adjacent property at $10 per square foot ($30,000). The EDA will pay for all costs in connection with the preparation of the legal description and drawings of the trail easement. The EDA will be responsible for the final design and installation of the pedestrian trail and any landscaping within the easement area. EDA will work with Jensen's on the relocation/reconfiguration of the site lighting on the south side of the Property such that it can serve both the parking lot and the pedestrian trail from Rahn Road to the east end of the adjacent restaurant property. 8. Replatting. After closing, Jensen's will take steps to replat the Property and Jensen's adjacent restaurant property into a single parcel through the City of Eagan. Jensen's will incorporate the legal description and drawings for the trail easement into its application for replatting the properties into a single parcel. 9. Conditions. Jensen's obligation to close under the purchase agreement shall be contingent on certain conditions, including without limitation the following: • Title -- EDA holding the Property, on the date of closing, free and clear of all encumbrances except as approved by Jensen's. • Pad -ready — EDA will have removed the current building and improvements so that the Property is in buildable condition. • Tests — Jensen's being satisfied with the results of soil tests, engineering and environmental inspections, and other inspections and tests conducted on the Property as deemed necessary by Jensen's. • Governmental Approvals — Jensen's shall have obtained all necessary governmental approvals, if any, to develop and use the Property as contemplated herein. • Financing — Jensen's shall have obtained financing for the purchase and development of the Property on terms and conditions satisfactory to Jensen's. • Trail Easement — Negotiation of a mutually agreeable trail easement. tr. � 10. Real Estate Taxes. EDA shall pay real estate taxes due and payable in the years prior to the year of closing, including deferred and Green Acres taxes. Real estate taxes due and payable in all years after the year of closing will be paid by Jensen's. Real estate taxes due and payable in the year of closing will be prorated to the date of closing between EDA and Jensen's. EDA shall pay all levied, pending, and deferred special assessments. 11. Acceptance. EDA shall notify Jensen's, not later than May , 2013, if the terms of this Letter of Intent are acceptable, at which time Jensen's will prepare a Purchase Agreement for signatures of EDA and Jensen's. If the terms are acceptable, please execute the copy of this Letter of Intent enclosed herewith (where indicated below), and return the executed copy to: Larkin, Hoffman, Daly & Lindgren, Ltd., Attention: Peter Coyle, 1500 Wells Fargo Plaza, 7900 Xerxes Avenue South, Bloomington, MN 55431. If you have any questions or concerns, please call me at (612) 432 -5692 or Peter Coyle at (952) 896 -3214. JENSEN & JENSEN PROPERTIES, LLC Doron R. Jensen (Print name) Its: President � 5 ,-i JDf\\M9WDNSI I 8f110 213ddf1S S,N3SN3f W JiiV 862 -02C ��� :Jvol NVId 311S 1d30N00 NW 'NVOV3 I sNO!s!n3a NOISNVdX3 101 ONIA2Wd U 0 N II W �Ip F ° _ i n II I- w ec w V Z ' W m WW� FwF-- w< U F In N < W F N p U VI N JJ ? N a � 0 F_ m K 0 Z 14 0 r � ,.4 .. ... Qu_..._. Q 9 4'-' n O U }.. m m m t 5 ),VM 3NO WY £„ T L �s GVO(V NHVV Agenda Information Memo Eagan Economic Development Authority Meeting May 7, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. 1E X0