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07/06/1993 - City Council Regular : c I/r AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JULY 6, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FINANCE DEPARTMENT r, t 1. Provide Direction, Tobacco License for Suspension IV. 6:55 - CONSENT AGENDA (PINK) es' 0 A. PERSONNEL ITEMS (513. LICENSES, Plumbers P . 1. ..C. PENSION, Fire Relief Association . (5 D. RECLASSIFICATION, Tax Forfeit Property )(, E. EXTENSION, ISD 196's Use of Council Chambers, July & August . 18 F. PERMITS, Service Station .1.C§. PERMIT, Trailer '2p H. LICENSES, Amusement Device '1:2_ J.2 ZI. LICENSE, Massage Therapist, Trevor Richards to Practice with Clark Chiropractic LICENSE, Non-Intoxicating Malt Liquor, Eagan Steak House, 1448 Yankee Doodle Road ' ZZK. AMEND Grant Agreement from Department of Trade & Economic Development to Department fl of Natural Resources L. APPROVE Contract, Golf Driving Range, Outlot D, Kensington Addition, Lexington/Diffley r Athletic Site M. APPROVE Settlement Agreement, J.P.K. Park Assessment Appeal .2■IN. CONTRACT 93-06, Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Northwest , Parkway - Signalization & Intersection Improvements) ol,0. RESOLUTION Appointing Representative to Blackdog Watershed Management Organization ze9 P. AUTHORIZATION to Acquire Right-of-Way for Atlantic Hills Drive Cul-de-sac 313Q. CONTRACT 91-04, Final Payment/Acceptance (Oaks of Bridgewater 2nd Addition - Streets & Utilities) 3 )R. CONTRACT 91-12, Final Payment/Acceptance (Manor Lake 4th Addition - Streets & fUtilities) J( S. FINAL PLAT, Braun Sunrise 2nd Addition ,' . T. FINAL PLAT, Weston Hills 2nd Addition �U. FINAL PLAT, Wexford 2nd Addition �3 1 V. FINAL PLAT, Wenzel 2nd Addition i! :59 W. FINAL PLAT, River Bluff Townhomes _ ,(l X. APPROVE Supplemental Agreement to County Contract 30-06 (Diffley Road Reconstruction - Q� Lexington Meadows Grading and Utilities) c� .—Y. CONTRACT 93-08, Woodlands North 3rd Addition (Streets & Utilities) Easement & Right- of-Way Acquisition 1 V. 7:00 - PUBLIC HEARINGS (SALMON) ,q 3 A. VACATE portion of public right-of-way, Englert Road cul de sac ‘15-b. OWNERS PERMIT for Building Move, Svend Jensen/Joyce Slattery (Richard's Restaurant) , 6 of 26' x 44' Accessory Building from 3520 Trails End Road to 4185 South Robert Trail VI. OLD BUSINESS (ORCHID) S'3 A. AMENDMENT, Eagan City Code 2.80, Establishment of a Local Lodging Tax and AGREEMENT, f' City of Eagan and Northern Dakota County Chamber of Commerce, Creating the Eagan Convention and Visitors Bureau VII. NEW BUSINESS (TAN) ( '. (� A. REQUEST for Model Home Building Permits, Rottland Homes, Diffley Commons 2nd Addition i B. PRELIMINARY PLAT, Wuthering Heights Addition/Mylo Mitzel, consisting of three lots on r. approximately one previously zoned R-1 (Single Family) acre located along the west t / side of Wuthering Heights Road north of Silver Bell Road in the SE 1/4 of Sec 18 C( . PLANNED DEVELOPMENT AMENDMENT Changing the Land Use on Outlot B, Park Center 4th Addition from a Bank to a Video Store and a PRELIMINARY PLAT Consisting of Two Lots on Approximately 1.8 acres Located Along the North Side of Cliff Road, East of Park Center Drive in the SE 1/4 of Sec 30 4 D. PRELIMINARY PLAT, Prettyman Heights 2nd Addition/Skyline Heights Partnership, fconsisting of two lots on approximately .70 previously zoned R-1 (Single Family) acres located along the south and east side of Skyline Drive in. the SE 1/4 of Sec 4 (4E. CONSIDER Low Income Housing Tax Credits, Wescott Village East townhomes, Wescott Hills r3rd Addition/Wescott Village East Partners, Located North of Trails End Road, East of Ivy Lane V. F. POLICY, Tree Preservation/Replacement Schedule, City of Eagan '1\G. REVIEW Scope of Work, Architectural Services for Public Safety/Municipal Center Expansion and Authorize Distribution of the Request for Proposal VIII. ADDITIONAL ITEMS (GOLD) eA. CONSIDER Request to Abate Levied Assessments for Portion of St. Thomas Becket Addition V IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 2, 1993 • SUBJECT: AGENDA INFORMATION FOR THE JULY 6, 1993 CITY COUNCIL MEETING ADOPT AOENDAI.APPI O ?E'MINUTES After approval is given to the July 6, 1993 City Council agenda, regular meeting minutes for the June 15, 1993 City Council meeting, and special meeting minutes for the June 15, 1993 and June 22, 1993 Special City Council meetings, the following items are in order for consideration. DEPARTMENT HEAD.BUSINESS A. FINANCE DEPARTMENT Item 1. Provide Direction,Tobacco License for Suspension--On February 18, 1992, the City Council amended the City Code permitting a suspension or revocation of a license to sell tobacco when the licensee has violated the conditions of the license, This Code amendment was the culmination of a great deal of work and research undertaken by a citizens task force established to provide assistance to the City Council in determinilg the appropriate regulation of tobacco sales in the City. Enclosed on pages...3 and is a copy of t minutes from the February 18, 1992, City Council meeting. Also enclosed on pages through -7 is a copy of the ordinance amendment as recommended by the task force complete with the strike-outs and underlining to illustrate the changes from the previous ordinance. Enclosed without page number is a copy of t a memo from the City, Attorney's office providing the background on a violation of the Code and an outline of the suspension/revocation process. Also enclosed is a proposed letter to the licensee regarding the suspension/revocation. Based on the conversations that have been had it appears that a City Council action to suspend/revoke for 30 days will generate an appeal to district court. the basis would be that a 30 day suspension is too long and would seriously harm the overall business. Prior to pursuing the matter, the staff would like direction to either a) proceed under the Code as written or b) have the City Attorney's office negotiate a shorter suspension and amend the City Code. In the event (a) is chosen, staff is recommending that Administrative Intern Hanson be appointed the hearing officer. 1 Agenda Information Memo July 6, 1993 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff to a)pursue enforcement of Section 6.34 of the City Code as written and appoint Kandis Hanson as hearing officer or b) have the City Attorney's office negotiate a shorter suspension and amend the City Code to provide for the shorter suspension/revocation. Page 3/EAGAN CITY COUNCIL MINUTES February 18, 1992 H. Proiect 607. Receive ReportJOrder Public Hearing (E. Difllev Road - Reconstruction). It was recommended that the feasibility report for Project 607 (E.Dlf ley Road - Reconstruction) be received and the public bearing scheduled for March 17, 1992. I. Contract 91-11.Receive Bids/Award Contract (Well #16 - PumD and Well House). It was recommended that the bids for Contract 91-11 (Well #16 - Pump &Well House) be received, the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. J. Proiect 596R. Receive Final Assessment Roll/Order Public Hearing (Woodlands North Addition) It was recommended that the final assessment roll be received for Project 596R (Woodlands North Addition • Streets & Utilities) and a public bearing scheduled to be held March 17, 1992. K Contract 92-03. Approve Plans/Authorize Advertisement for Bids (South Well Field Conversion) It was recommended that the plans and specifications for Contract 92-03 (South Well Field Conversion) be approved and the advertisement for a bid opening authorized to be held at 1130 a.m. on Friday, March 13, 1992. L Project 628, Receive Feasibility Report/Order Public Hearing (Autumn Ridge 2nd Addition - Streets, Utilities & Ponds) It was recommended that the feasibility report for Project 628 (Autumn Ridge 2nd Addition -Streets, • Utilities & Ponds) be received and a public bearing scheduled to be held March 17, 1992. Special Note: At the end of the meeting,this action was rescinded and the public bearing rescheduled for April 21, 1992. M. Vacate Utility & Ponding Easements. Receive Petition/Order Public Hearing (Lot 1. Block 1, Dakota County Plat I It was recommended that the petition to vacate drainage, utility and ponding easements for Lot 1, Block 1, Dakota County Plat I be received and a public hearing scheduled for March 17, 1992. McCrea moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 liOLD BUSINTSS Mayor Egan introduced this item as a tobacco ordinance amendment and consideration of the appointment of a Youth Issue Task Force. City Administrator Hedges said this item is a result of City Council direction regarding issues related to the sale of tobacco and tobacco products and the appointment of a task force to study various youth related issues. Administrative Assistant Liz Witt provided a brief explanation of the item and was available to answer questions. There was general support for the tobacco ordinance amendment; however,'a number of questions arose regarding the task force and its charge. While the Council agreed that the issues proposed to be addressed are very worthwhile, there were concerns about the practical aspects of what can actually be done. 3 3(..‘ Page 4/EAGAN CITY COUNCIL MINUTES February 18, 1992 Councilmember McCrea recommended before going ahead, that it be determined what was to be studied,for what purpose, and for how long. She suggested a continuance during which time staff would research appropriate topics,what could be done and what is not already being addressed by another entity. Chief of Police Geagan said that in September he would be attending a County-level committee meeting dealing with youth and said perhaps staff would have a better idea of a direction for the task force at that time. Pawlenty moved, Wachter seconded, a motion to approve an ordinance amending Eagan City Code Chapter 6 regarding tobacco and the sale of tobacco products as presented. Aye: S Nay: 0 Pawlenty moved,Wachter seconded, a motion to continue consideration of a Youth Issue Task Force for six months with direction to staff to report as to the need after review and analysis of the City's role in youth issues. Aye: S Nay: 0 CONDITIONAL USE l ERMIT/NITII DISPOSAL Mayor Egan introduced this item as a conditional use permit for Nitti Disposal,Inc.,to allow outdoor storage in an LI (Light Industrial District) on Lot 8, Block 1,Sibley Terminal Industrial Park located west of Highway 13, north of Yankee Doodle Road in the SE 1/4 of Section 8. McCrea moved, Awada seconded, a motion to continue to the March 17, 1992, regular City Council meeting, consideration of a conditional use permit for Nitti Disposal to allow outdoor storage in a LI (Light Industrial) district. Aye: 5 Nay: 0 • VARIANCE/NORDQUIST SIGN COMPANY Mayor Egan introduced this item as a variance for Nordquist Sign Company of 23' to the 27' pylon sign maximum height, located north of Cliff Road and West of Nicols Road. Mayor Egan said at issue was the question of precedent in allowing a pylon sign on property that does not abut the freeway. Director of Community Development Runkle said the ordinance allows the height of a pylon sign to exceed the maximum when the property abuts a limited access highway. Mr. Runkle reiterated that this is the first time consideration has been given to a height variance that does not meet that criteria. Fred Reynolds of McDonald's Corporation reminded the Council that the owner purchased this particular piece of property because no curb cuts were to be permitted on property closer to the intersection of Nicols and Cliff Roads. With the turnback of Nicols Road from the County to the City,a curb cut has since been permitted. Kay Butler, the owner, said her restaurant has very low visibility from Highway 77 and because fast-food is often an Impulse purchase, the pylon sign would increase business. Hearing no case for a hardship and because of concerns regarding precedent,McCrea moved,Wachter seconded, a motion to deny a variance of 23' to the 27' pylon sign requirement for Nordquist Sign Company for the McDonald's property at 4565 Erin Lane as presented. Aye: S Nay: 0 AMEND CONDITION OF PLAT/AUTUMN RIDGE 2ND ADDITION Mayor Egan introduced this item as a request from Autumn Ridge 2nd Addition/James Development Company,to change a condition of plat approval to add 20 additional lots, located east of Dodd Road, south of Dimey Road in the NE 1/4 of Section 25. • City Administrator Hedges said this item had been continued from the February 4, 1992, meeting to address the question of a second access to this development. Director of Community Development Runkle said FEB 12 '92 13:32 294 P03 ORDINANCE NO. 2ND RUINS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY AMENDING SECTION 6.34 REGARDING TOBACCO; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by Changing Sec. 6.34 to read as follows: gubd. 1. befinitiong. p - -a!ed p e -+ For purpose of this ordinance, the, following words and phrases shad have respectively ascribed to the in this section: "Tobacco Products" means cigarettes• cicra s• cheroots: -.. 'e_ • a -• •1u-- u ready rubbed and other smoking tobacco; snuff; snuff flowers: cavendish: plug and twist tobacco. fine-cut and other chewing tobaccos: shorts; refuse a crags. c1lPrinCS, cuttings and sweepings of tobacco and other, }rinds and t a u s of tobacco. pre aced in such a manner as to be suitable for chewing or smoking in a Mina or her tobacco l-alated devices: and cigarette papers and wrappers. For purposes of this section, a tobacco product includes both individually packaged items such as a pack of cigarettes or a can of chewing tobacco. and rt,ons containing two or more individually wrapped tobacco products. $j "self-seryioe Merchandising" _means open display of . tobacco products that the public has access to without $hs intervention of an employee• "Vending Machine" means any mechanical. electric or, electronic device. itoolienco or any other Indium or obiect designated or used for vendin esfwhich. upon �;ser'tion of money- tokens or a other pavznent. dispense-s_SQhacco products. Bubo. 2. License Required. • 8nY person.,- who, directly or indirectly, -te- keepg for retail sale, at retail, . or otherwise dispose$ of any tobacco - • - - - - must first .e- FEB 12 '92 13:32 294 p04 obtained- p license from the City. The license requirement includes vending zachines. self-service and over-the-counter lnerchandisino 'die City Council is the ar ntor . Baba. 3. Conditions of yioense. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. - O - - : -"- • _ • - - under this Section are yplawful and shall be punished as provided by Section 6.99 hereof and shall be grounds for revocation or suspension of env license as provide pv Subdivision 4 of this section,Jlereof: L. -t 4- -- -wrul--f-e TQ sell. offer for sale. im= give away pr deliver any tobacco product 3 to any person under the age of eighteen (18) years. j•i. To sell or dispense any tobacco products through the use of a vending machine which is located in a i - ace - ccessib _- .-e . - age of eiarlteen,1181 Years,. 2 -&r It is unlawful for any person to keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, jusim weed, - belladonna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Bubd. 4. Suspension or Revocation. a. A licensee's authority to sell ciaarettes at a specific .ocation will be suspended for thirtv,J30) da_vs _dif licensee is found to have acted as • mronWted in subdivision 31E_) (1)-13) fn this Section hereof. a ejx (6) month suspension shall be imposed for a second violation at the same location occurrinc within, a twelve (12) month period. C. In the case of susvensic1 there than be no dense refund. -v••- -t 1 O_ v- .- - o section of any officer. director. manager. or other Agent or employee of any licensee. • • FEB 12 '92 13:33 294 P 5 Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • • Agenda Information Memo July 6, 1993 City Council Meeting PCMSENT AGENDA There are twenty-five (25) items on the agenda referred to as consent items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Recreation Leader--Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of an additional seasonal recreation leader. That person is Mark Wahlstrom. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Mark Wahistrom as a seasonal recreation leader. Item 2. Seasonal Forestry Tech--Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of an additional seasonal forestry tech. That person is Grant Engelmann. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Grant Engelmann as a seasonal forestry tech. Item 3. Seasonal Streets Maintenance Worker--Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of an additional seasonal streets maintenance worker. That person is Ben Anderson. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Ben Anderson as a seasonal streets maintenance worker. Item 4. Seasonal Utility Maintenance Worker—Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of an additional seasonal utility maintenance worker. That person is Gene -Lahr. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Gene Lahr as a seasonal utility maintenance worker. Item 5. Seasonal Softball Camp Coaches--Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of Sandra Hillyer and Kathleen Fletcher as seasonal softball camp coaches. Agenda Information Memo July 6, 1993 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Sandra Hillyer and Kathleen Fletcher as seasonal softball camp coaches. Item 6. Temporary Landscape/Park Planning Aide—Because of the long interval between regular City Council meetings, it was necessary for the City Administrator to approve the hiring of Monica Mogren as a temporary landscape/park planning aide. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Monica Mogren as a temporary landscape/park planning aide. Item 7. Hearing Conservation Screening Agreement--The City of Eagan annually contracts with the Bloomington Community Health Service to provide hearing conservation screening as required by OSHA regulations. At this time, it is appropriate that the Council approve the 1993 contract with the Public Health Service in the amount of $2,750. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hearing conservation program agreement between the City of Eagan and the City of Bloomington Community Health Services for 1993. Item 8. Resignation/Police Officer--The City has received a letter of resignation from David Stubstad, a police officer. Officer Stubstad is resigning in order to be able to attend law school on a full-time basis. Enclosed on page 'Ct is a copy of the letter of resignation for the Council's information. Staff has reviewed this position and recommends filling it as quickly as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from Officer David Stubstad and to authorize the filling of this position. June 28, 1993 To: Chief Geagan From: David Stubstad Re: Letter of Resignation • Please accept this letter as notice of my resignation from the Eagan Police Department. I am resigning in order to attend Law School on a full time basis this fall. • My last nay of work will be Thursday July, 29 , 1993 . I would then like to use remaining vacation and comp time to extend my official employment with the city to August 1 , 1993 . I have enjoyed working with the Eagan Police Department and appre- ciate the opp it has provided me. Sincerely, OWl David J. Stubstad , (J • Agenda Information Memo July 6, 1993 City Council Meeting Item 9. Resignation/Park Department Clerical Tech III--The City has received a letter of resignation from Deanna Jorgenson, a Clerical Tech III in the Parks & Recreation Department. Enclosed on page V1--is a copy of Ms.Jorgenson's letter of resignation. Staff has reviewed this position and recommends filling it as quickly as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from Deanna Jorgenson and to authorize filling the position of Clerical Tech III in the Parks & Recreation Department. • June 29 , 1993 Ken Vraa , Director of Parks and Recreation City of Eagan 3830 Pilot Knob Road Eagan , MN 55122 Dear Ken : Please accept this voluntary resignation from my position as Clerical Technician with the City of Eagan effective July 13 , 1993 ( fourteen calendar day notice as required by contract ) . Because I was happy with my job with the City of Eagan , I was not seeking other employment. However , a vacancy in a full time position with my previous employer has been offered to me that will allow me to work directly with children again , a challenge that I have missed and a challenge that I enjoy. Although my time with the City of Eagan is short , I cannot leave without saying how much I appreciate the kindness and support that has been shown to me and I thank everyone in the Department for that kindness and support . Sincerely , , • 1 1 Deanna Jorgenson ' • Agenda Information Memo July 6, 1993 City Council Meeting • PLUMBERS' LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operatipg within the City of Eagan be licensed on at least an annual basis. Enclosed on page `t' is a list of those contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as PP P presented. • PLUMBER LICENSES FOR APPROVAL • YEAR 1993 1. HAUSSNER PLUMBING 2. RANDY L MONSON 3. RTP PLUMBING 4. SPS PLUMBING 5. TEAM MECHANICAL INC For July 6, 1993 City Council meeting Agenda Information Memo July 6, 1993 City Council Meeting FIRE RELIEF ASSOCIATION PENSION C. Pension, Fire Relief Association--In official action at its regular meeting held July 21, 1992, the City Council reduced the maximum lump sum service pension per year of service to $3,000 for the Relief Association. This action was necessary to bring the benefit level into compliance with the State Statutes providing for a $3,000 maximum. This limit had inadvertently been overlooked in previous negotiations between the City and the Relief Association. Had the City not taken the action to reduce the benefit level, State fire aid would not have been paid. The benefit level covering the years 1991, 1992 and 1993 had been established at$3,375 through negotiations between the City and the Relief Association. In the 1993 legislative session, the 1993 maximum was increased to $3,375 as of May 25, 1993. Payments made in excess of the new cap were also grandfathered; consequently, Eagan's negotiated settlement is within the law and should be re-established. ACTION TO BE CONSIDERED ON THIS ITEM: To re-establish the lump sum service pension per year of service at $3,375 per the previous agreement between the City and the Eagan Volunteer Fire Relief Association. TAX FORFEIT PROPERTY RECLASSIFICATION D. Reclassification,Tax Forfeit Property--At the June 15, 1993 City Council meeting, action was taken to acquire the following tax forfeit parcels for the identified public purpose: 1. 10-03900-010-03 Easements 2. 10-03900-010-07 Easements 3. 10-01100-011-75 Storm Water Ponding/Easements 4. 10-01200-011-50 Storm Water Ponding/Easements 5. 10-45060-020-00 Trail Connection In subsequent discussions with Dakota County, it has been determined that it would be more efficient to work with the County to acquire easements rather than the entire parcel. The process eliminates the need to acquire the parcels listed as 1 through 4 above. Consequently, staff is recommending that those four (4) parcels be declared non- conservation land. Of the eight (8) parcels on the original list, the City would then be acquiring only 10-45060- 020-00 for the purpose of establishing a trail connection. ACTION TO BE CONSIDERED ON THIS ITEM: To declare parcels 10-03900-010-03, 10- 03900-010-07, 10-01100-011-75 and 10-01200-011-50 non-conservation land. Agenda Information Memo July 6, 1993 City Council Meeting ISD 196 COUNCIL CHAMBER USE EXTENSION E. Extension, ISD 196's Use of Council Chambers,July and August—The City Council has previously authorized Independent School District 196 to use the Council Chambers to hold School Board meetings through June 14, 1993. The City has received a request from the district to continue this useage during the months of July, August and September on nights where there is no conflict with City meetings. Enclosed on page is a copy of a memo from Cable Coordinator Reardon regarding this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the use of the Council Chambers by Independent School District 196's School Board during the months of July, August and September, 1993. • MEMO TO: ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: JUNE 15, 1993 SUBJECT: DISTRICT 196'S EXTENDED USE OF COUNCIL CHAMBERS As you are aware, the City has authorized Independent School District 196's use of our Council Chambers to hold its School Board meetings through June 14 . I have received a request from the District's Communications Specialist, Anne Voels, to use the Council Chambers for the same purpose on Monday, July 26. As their was no scheduling conflict on that date, I have taken the liberty to schedule the Chambers for that meeting. Specialist Voels has informed me that the School District is interested in doing their own cablecasting of the School Board meetings, and she has been directed to research the costs associated with purchasing of equipment, etc. However, at this time no approval or decisions have been made as to when, or if, the District would commence its own cablecasting of its meetings. Specialist Voels has indicated that it is hoped that it could start as early as August. However, I would doubt that it could happen that soon. It is my understanding that the arrangement to date has worked very well and that the District is pleased with using our Council Chambers. As there have been no problems thus far, and as long as our Council Chambers will accommodate them on a night suitable to both parties, it is my recommendation that this arrangement continue during the next several months. This will allow the District time to complete its research and make a determination as to how it wishes to cablecast its meetings. Unless I hear otherwise, it will be my assumption that the July 26 date is authorized and continuation of the District's use of our Council Chambers is approved through the end of September. Therefore, it is my request that you discuss this memorandum with City Administrator Hedges at your earliest convenience and apprise me of that discussion. Please contact me should you have any questions. AIL Cable Coordina or MR/vmd Agenda Information Memo July 6, 1993 City Council Meeting SERVICE STATION PERMITS F. Permits, Service Station--July is the month for the annual renewal of service station permits. Currently, there are 23 service stations operating in Eagan which need to have their permits approved for July, 1993 through June, 1994. Attached on page [CI is a list of the service stations whose permits are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the annual service station permits as presented. • 1 2 1993-1994 Service Station Permits Name/Address Billing Address Brooks Superette Gateway Foods of Mpls 3390 Coachman Rd. 5720 Smetana Dr. Eagan, MN 55121 Minnetonka, MN 55343 • Cedar Cliff Amoco Bob Schlangen 4600 Slater Rd. . 8355 W. 103rd St. Eagan, MN 55122 Bloomington, MN 55438 Duckwood 66 Phillips 66 3575 Pilot Knob Rd. P. 0. Box 199 Eagan, MN 55122 Bartlesville, OK 74004 Eagan E-Z Stop Crown CoCo, Inc. 4195 Nicols Rd. 319 Ulysses St. NE Eagan, MN 55122 Minneapolis, MN 55413 Eagan Amoco James Persons 4205 Nicols Rd. 4205 Nicols Rd. Eagan, MN 55122 Eagan, MN 55122 FinaServe 3150 Dodd Rd #576 Finaserve, Inc. FinaServe 1286 Lone Oak Rd. #594 2051 Killebrew Dr. #317 FinaServe 4250 Lex. Ave. S. #590 Bloomington, MN 55425 Attn: Patricia Jensen Holiday Stationstore #232 Holiday Stationstores, Inc. 4595 Nicols Rd. 4567 W. 80th St. #247 - 3615 Pilot Knob Rd. Bloomington, MN 55437 PDQ #214 4198 Pilot Knob Rd. PDQ Food Stores of MN, Inc. 607 E. 77th St. Richfield, MN 55423 Sinclair #22028 Sinclair Mktg. Co. 3946 Nicols Rd. P. 0. Box 30825 Salt Lake City, UT 84130-0825 Superamerica #4049 • Superamerica Group Inc. Diffley Rd. & Hwy 13 P. 0. Box 14004 #4182-4206 Yankee Doodle Rd. Lexington, KY 40512 #4335-1379 Town Centre Dr. Attn: Sandy #4464-2250 Cliff Rd. Texaco Superstore Yocum Oil Company, Inc. 1579 Cliff Rd. 2719 Stillwater Rd. Eagan, MN 55122 St. Paul, MN 55119 Tom Thumb Food Markets Tom Thumb Food Markets Inc. 1446 Yankee Doodle Rd. 110 E. 17th St. 4130 Blackhawk Rd. Hastings, MN 55033 2125 Cliff Rd. Attn: License Coordinator Total Petroleum 4206 Nicols Total Petroleum, Inc. Total Petroleum 2000 Rahncliff Ct. 8148 Pillsbury Ave. S. Minneapolis, MN 55420 Yankee Square Amoco "Willshir, Inc. 1424 Yankee Doodle Rd. 1424 Yankee Doodle Rd. Eagan, MN 55121 G Eagan, MN 55121 Agenda Information Memo July 6, 1993 City Council Meeting TRAILER PERMIT G. Permit, Trailer--It is also time for renewal of trailer permits. Currently, there is only one trailer in the City of Eagan which needs a permit. This is a trailer located at Tripp Oil at 3085 Sibley Memorial Highway. This trailer continues to provide additional office space for the company. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an annual trailer permit for Tripp Oil located at 3085 Sibley Memorial Highway. • AMUSEMENT DEVICE LICENSES H. Licenses, Amusement Devices--It is also time for renewal of annual amusement device licenses. There are 7 vendors with amusement devices at 19 Eagan locations. Enclosed on page 0.2l is a listing of these locations whose licenses are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the annual amusement device licenses as presented. • . �o . 1993 Amusement Device Renewals: License Period: July 1, 1993-June 30, 1994 VENDOR # MACH. LOCATION Advance Carter Co. 2 mach. Bulk Mailing Plant-3165 Lexington Ave. American Amusement 1 mach. Davanni's-1980 Cliff Rd. 850 Decatur Ave. N. 4 mach. J. Doolittles-2140 Cliff Rd. Minneapolis, MN 55427 3 mach. Broadway Pizza-2113 Cliff Rd. 645-6810 3 mach. Pizza Hut 1325-Town Centre Dr. 1 mach. Pizza Hut-2130 Cliff Rd. Dahico Music & Vending 12 mach. Cedarvale Lanes-3883 Beau De Rue 296 N. Pascal St. 15 mach. LaFonda's-3665 Sibley Memorial Hwy. St. Paul, MN 55104 5 mach. Valley Lounge-3385 Sibley Memorial Hwy. C/O Alex 1 mach. Richards-4185 So. Robert Tr. 645-1111 5 mach. Cherokee Room-4625 Nicols Rd. Gary Starks 4-15 mach. Starks al n Rd. S o0 3125 Dodd Rd 3125 Dodd Rd. Eagan, MN 55121 • Theisen Vending >15 mach. _ Grand'Slam-398A Sibley Memorial.Hwy. • 3800 Nicollet Ave. Minneapolis, MN 55409 Harold F. Awe Co. 4 mach. Diamond T-4889 Pilot Knob Rd. 476 So. Snelling Ave. 2 mach. Main Ave Video-1565 Cliff Rd. Suite #2 2 mach. Main Ave Video-4180 Pilot Knob Rd. St. Paul, MN 55105 2 mach. Piccolo's Pizza-4162 Pilot Knob Rd. • Wally Shaver 1 mach. Cherokee Room-4625 Nicols Rd. 15764 Highview Dr. Apple Valley, MN 55124 Mendota Valley Amusement 2 mach. Golden Gloves Card Shop 9177 E. Courthouse Blvd. Ct. 3390 Coachman Rd. #210 Inver Grove Hts, MN 55077 451-0420 Agenda Information Memo July 6, 1993 City Council Meeting MASSAGE THERAPIST LICENSE/CLARK CHIROPRACTIC I. License, Massage Therapist, Trevor Richards to Practice with Clark Chiropractic--The City has received an application for a massage therapist license from Trevor Richards to practice with the Clark Chiropractic office. A review by Investigator John Stevenson finds no reason to deny the application. A copy of the application is enclosed without page number for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a massage therapist license for Trevor Richards to practice with Clark Chiropractic. NON-INTOXICATING MALT LIQUOR LICENSE/EAGAN STEAK HOUSE J. License,Non-Intoxicating Malt Liquor,Eagan Steak House, 1448 Yankee Doodle Road-- The City has received a non-intoxicating malt liquor license application for the Eagan Steak House located at 1448 Yankee Doodle Road in the Yankee Doodle Shopping Center. A review by Investigator John Stevenson finds no reason to deny this application. Enclosed without page number for the Council's information is a copy of the license application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a non-intoxicating malt liquor license for the Eagan Steak House. AMEND GRANT AGREEMENT/BLACKHAWK LAKE PARK K. Amend Grant Agreement from Department of Trade & Economic Development to Department of Natural Resources--As a result of the action by the 1993 Legislature, the State Outdoor Recreation Grant Program is now being transferred from the Department of Trade & Economic Development to the Minnesota Department of Natural Resources. As a result, it will be necessary for the City to formally acknowledge this transfer and to authorize the Mayor and City Clerk to amend the grant for the Blackhawk Lake Park Agreement to reflect this change in authorities. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute grant amendment agreements for Blackhawk Lake Park, acknowledging the change in authorities from the Department of Trade & Economic Development to the Department of Natural Resources. c9a Agenda Information Memo July 6, 1993 City Council Meeting APPROVE CONTRACT/GOLF DRIVING RANGE L. Approve Contract, Golf Driving Range, Lexington Diffley Property--At its June meeting, the Advisory Parks, Recreation & Natural Resources Commission reviewed a draft agreement for the use of the Lexington/Diffley Park for an interim golf driving range. The APRNRC gave approval to the agreement as have the two proposers. The only remaining elements of the agreement that have yet to be completed are the exhibits which display the park and area to be used. Those items have not yet been completed and will not be completed until a final grading plan has been finished. However, it would be appropriate for the City Council at this time to approve the contract agreement subject to the completion of the exhibits. A copy of the agreement is enclosed without page number for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract agreement for the use of Lexington/Diffley Park for an interim golf driving range subject to the completion and approval of the exhibits which would display the park and area to be used. SETTLEMENT AGREEMENT/J.P.K. PARK ASSESSMENT M. Approve Settlement Agreement, J.P.K. Park Assessment Appeal--The City Attorney's office has negotiated a settlement of the assessment appeal by J.P.K. Park involving assessments for a street overlay and street lights. A copy of a memorandum from the City Attorney's office is enclosed without page number for the Council's review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the settlement of the assessment appeal from J.P.K. Park as presented. .23 Agenda Information Memo July 6, 1993, City Council Meeting CONT. 93-06. APPROVE PLANS/AUTHORIZE BIDS T.H. 149 & NORTHWEST PKWY.SIGNALIZATION N. Contract 93-06, Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Northwest Parkway - Signalization & Intersection Improvements)--On March 2, 1993, the City Council held a public hearing to consider the signalization and intersection improvements of T.H. 149 (Dodd Road) and its intersection with Northwest Parkway, Lone Oak Parkway and O'Neill Drive. As a result of that public hearing, the project was approved and authorization given for staff to prepare the detailed plans and specifications. These plans have now been completed and are being presented to the Council for their approval and authorization to advertise solicitation of competitive bids. At the time of the public hearing, the overall project was proposed to be performed in phases over a period of 3-4 years broken out as follows: First Phase • Northwest Parkway signalization and intersection improvements. - Second Phase • Lone Oak Parkway signalization and intersection improvements. Third Phase • I-494 eastbound exit ramp double left turn lane modification. • O'Neill Drive median closure. MnDOT is participating in approximately 50% for the costs of these improvements. Subsequently, certain criteria must be met to meet the funding eligibility requirements. After additional accident analysis and detailed traffic counts, the signalization and intersection improvement for Northwest Parkway can be justified for MnDOT participation only if the O'isleill Drive median closure is included as a part of the First Phase. Enclosed on page S is a site plan layout showing the extent of the improvements being presented to the Council this evening. At the public hearing, affected property owners spoke to the proposed improvements and did not express objections to the O'Neill Drive median closure. The Public Works Director will be available to provide any additional information as may be necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract.93-06 and authorize the advertisement for a bid opening to be held at 10:30 a.m. Tuesday, August 10, 1993. . A.... g 11 13,4 r• gt i iii i $ I - 1 • r: ►c ,; ti . illt i . p 1.! •ro�a l i 'es e. xl 4' -ro o--n.�:i ai i.:i��-� Iwf,.^yaR .r8$ ,;;;.:✓I. nm r.ii it I a a 1 ...,;604 .41014►rw a i k- I � _ ��C �� s3 a I O_s' - C) O 0 • •® - • LC e..[f'1'O'd 7'N NI'N'1 i .. ■00IC•rt 'ld eN eH wy is e ' 1 • NI- 110131•g I ' •. • n >o s i , ,-"- ,4 r dnaa�.dd I• 1.S0 • I Y, g� S SS 1 1 " �A131'.w;{ e- .,� 1 m 0J0 t a lti g gz Rid _ _ I d iAa . t'41: - . A III - .1J © 3 V 7 i 4tOD 311 ,� ,l - `-� ... tw�?elsittA; r b 0 ® w zoz-A ifaa z . .14:4 W • . R..A_!..�. o _ 6 s • wiceciMk!'ira4 ' • 1111diiii Yy • lrrrrre�r mil-0 . Ie _ _ iia ft t;), ...5....---- Agenda Information Memo July 6, 1993 City Council Meeting RESOLUTION APPOINTING REP TO BLACK DOG. WATERSHED MANAGEMENT ORGANIZATION O. Resolution Appointing Representative to Black Dog Watershed Management Organization(WMO)--The Black Dog Watershed Management Organization incorporates portions of Burnsville, Lakeville, Apple Valley, Savage and Eagan. Subsequently, all communities entered into a Joint Powers Agreement forming this WMO. The City of Eagan has only approximately .43% of the land area and .17% of the valuation of the overall Watershed District. Subsequently, our participation is very minimal in relationship to other communities. The Joint Powers Agreement stipulated that the Cities of Eagan and Apple Valley must jointly designate a single representative to the Board of Commissioners for the Watershed District to represent both communities interests. Because Apple Valley's area of approximately 10% and valuation of 6% is greater than Eagan's, it was previously agreed to that Apple Valley would be allowed to designate the formal full representative with Eagan designating the alternate. Recently, Apple Valley's designated representative resigned from the City and a new representative is being recommended for his replacement. Enclosed on page .Q1 is a Resolution which should be passed by the City of Eagan concurring with this new designated representative and reaffirming Eagan's alternate representative. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution appointing Apple Valley's representative to the Black Dog Watershed Management Organization and authorize the Mayor and City Clerk to execute said Resolution. C9-Cc' • CITY OF EAGAN RESOLUTION NO. A RESOLUTION APPROVING APPOINTMENT OF A REPRESENTATIVE TO THE BLACK DOG WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the City of Apple Valley and Eagan have entered into a Joint Powers Agreement to form the Black Dog Watershed Management Organization, and WHEREAS, in accordance with the Joint Powers Agreement, the Cities of Apple Valley & Eagan are required to appoint one joint representative and one joint alternate to the Watershed Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that it hereby approves the appointment of Apple Valley Assistant Public Works Director Dennis Miranowski as the Board Commissioner and Eagan Public Works Director Tom Colbert as the alternate representing the Cities of Apple Valley and Eagan at meetings of the Black Dog Watershed Management Organization. Motion Made By: CITY OF EAGAN Seconded By: CITY COUNCIL Those in Favor: Those Against: By: Dated: July 6, 1993. Mayor Attest: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof held on the 6th day of July, 1993, as shown by the minutes of said meeting.in my possession. E.J. VanOverbeke, City Clerk • 4 Agenda Information Memo July 6, 1993, City Council Meeting AUTHORIZATION TO ACQUIRE RIGHT-OF-WAY (ATLANTIC HILLS DR CUL-DE-SAC). P. Authorization To Acquire Right-of-Way For Atlantic Hills Drive Cul-de-Sac--When Lakeside Estates was originally platted in 1968, it was designed to have Atlantic Hills Drive continue easterly with a connection to TH 3 when the adjacent property developed. However, with the development of the St. Thomas Becket Church, the City Council determined that the extension of Atlantic Hills Drive through this property would not take place. Subsequently, there is now a need for the City to construct a permanent cul-de-sac at the eastern edge of existing Atlantic Hills Drive. This need has also been accentuated over the years with the build-out of Lakeside Estates and the development of Lakeside Park. The existing turn-around consists of a temporary bituminous surfaced boulevard behind the south curb line. It is substandard and not adequate for delivery trucks, maintenance or emergency vehicles. The proposed cul-de-sac and right-of-way are shown on page . Subsequently, the Public Works Department has been negotiating with representatives of the church to acquire approximately 9,600 sq. ft. to allow the construction of a permanent cul-de-sac according to City design standards. Based on past appraisals, it has been mutually agreed that $.70 per square foot ($6,720) would be fair and equitable for this acquisition. This is proposed to be financed from the Major Street Fund. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the acquisition of public right- of-way from Lot 1, Block 1, St. Thomas Becket Addition, and authorize the Mayor and City Clerk to execute all related documents. • ag L.1 a v N tit—+ wa o3 • Q_ amo mS 2 _JO� W . W Cc r pI - J H CC W as t3O w n W m Z I-= U ti z to U — Q Ft Z Q E W W O Z 0 �L „y ccF- Om Z 1, o p - Cr cf) cn i w a J I- z Q J8 � ¢j _.- • J Q W p �a F- in LLI W w N in. a)- /..-j_....w V" U I ��// 7 �� Uw' i I >I J / U U 'T U 2 Z Q/ I < O 3 /1 I a ca a ao \ 6 2 /Z ± �� I az , � I I 4% Y'. a w 7 I \\ I . . J II �� WW �Y � to • I I 1--O I\ "SSSS%\\ I i 1 I ± O S33a1 r ;�, w • / ' :`S --- ----R. Z I I .c3 III 1 xms II j' Q 1 05 CO ,, cr " II. ct I >c I � W 'I I i 1 c0 X CC I II- - I � Y . Cr~ ° I► I m , m . Q)- J J O Q� 3 aa33 I mwi I = JZx _tiliI M�Ii O Cr) .C---*)\------ 8 ce 61 CI Agenda Information Memo July 6, 1993 City Council Meeting CONT. 91-04. FINAL PAYMENT/ACCEPTANCE (OAKS OF BRIDGEWATER 2ND ADDN. STREETS & UTILITIES) Q. Contract 91-04, Final Payment Acceptance (Oaks of Bridgewater 2nd Addition - Streets & Utilities)--The City has received a request for final payment for the above- referenced public improvement from the Contractor along with a certification from the City's Consultant Engineer that all improvements were performed in conformance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 10th and Final payment for Contract 91-04 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) in the amount of $3,000.00 and authorize the acceptance of these improvements for perpetual City maintenance subject to all contractual warranty provisions. CONT. 91.12. FINAL PAYMENT/ACCEPTANCE MANOR LAKE 4TH ADDN.- STREETS & UTILITIES it Contract 91-12, Final Payment/Acceptance (Manor Lake 4th Addition - Streets & Utilities)--The City has received a request for final payment for the above-referenced public improvement from the Contractor along with a certification from the City's Consultant Engineer that all improvements were performed in conformance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and Final payment for Contract 91-12 (Manor Lake 4th Addition - Streets & Utilities) in the amount of $18,020.11 and authorize the acceptance of these improvements for perpetual City maintenance subject to all contractual warranty provisions. 5 0 • Agenda Information Memo July 6, 1993 City Council Meeting • • FINAL PLAT/BRAUN SUNRISE 2ND ADDITION S. Final Plat for Braun Sunrise 2nd Addition--Final plat documents relative to the Braun Sunrise 2nd Addition are in the process of being finalized and reviewed by the applicant and City staff. If these items are complete and executed in time for Tuesday's meeting, the plat will be in order for consideration by the City Council. If not, staff will recommend that the item be continued at the time of agenda approval. For a copy of the plat as it appears for filing at Dakota County, please refer to page 37!' ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Braun Sunrise 2nd Addition. • 31 • • i ! ii 11 ' • 1 v(4- 1 1 .1 IT L . • II.Iiii iiil i II i 4 1 I 1 - t-1 4 • 111111 441pula ' •"!i' 01 1 II. I- I illi III 1 1;• i 1 '• E. I i I. II i ! 111 li i 5, I, v 1 1 ! 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IIE iii" 1i . \•.: .z,---., „...__,- ' 11 0.•,\ ' i-•-tr.-:..- / --‹..;=1„ .- -. ,.----,.;;• H.-.•) ' - ' ..1...•,--' _-_-..,...1-;-.1.---•'-'-' •. . , " . ....:”.. le•0 th° 1, ,k s1 '''' '' P.,4' 0 •" ./' • !; .,,, 3'.. NN ,.. Agenda Information Memo July 6, 1993 City Council Meeting FINAL PLAT/WESTON HILLS 2ND ADDITION T. Final Plat for Weston Hills 2nd Addition--Final plat documents relative to the Weston Hills 2nd Addition are in the process of being finalized and reviewed by the applicant and City staff. If these items are complete and executed in time for Tuesday's meeting, the plat will be in order for consideration by the City Council. If not, staff will recommend that the item be continued at the time of agenda approval. For a copy of the plat as it appears for filing at Dakota County, please refer to page31- ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Weston Hills 2nd Addition. • • a o- w . 1 1 i « 8 at Ca en s 18 I . it ' • ia 'Li '4 Ili! I... zs: P • a IA m .:. ,„ i i N - i H .li 0 = ___...... ..41 0 I I i ; _,,, i ul = i il 1 ,i1 ! V 1*- CC 8.4H Olil I' eats 1 If �Q! WWW . o I. 2 • a _--______--____ ••fl3 _S .;ROM 74 a..R-'oar w 4[4{n Iy • y M t -- --m—ii;;,—• i,i V! .11:--.0-11-* n :1: p i,i P —,.-.•-;!; N�. e• ego I . d . ` z•M A 1, N O ti 1• •. • N O ,I-/ .•Mme. �i'. .. r , ....~ 1 _ �t h i, -1 y gt --,_.,- } ,'Or 1 N 03 Cf) III o (n �� ' ��I• r- •te; 7Y.^-s� •.:: \• •�^r�� • a C III y .i4 _ ' 2 ,-'Se "•a ' e • • fit'' •. C. .. • p.....;.• • ) ' -,, of `•'• ^. 1t i s j a1 •• ,I \1,.. 1.4 _ f• .. `•1 •s - f• - ••i O.••.•fin ♦,y 4.•t.44.«. -tt It■wo wM a•N .ro • �*.5. )^ \,cV . . 3 Agenda Information Memo July 6, 1993 City Council Meeting FINAL PLAT/WEXFORD 2ND ADDITION U. Final Plat for Wexford 2nd Addition--Final plat documents relative to the Wexford 2nd Addition are in the process of being finalized and reviewed by the applicant and City staff. If these items are complete and executed in time for Tuesday's meeting, the plat will be in order for consideration by the City Council. If not, staff will recommend that the item be continued at the time of agenda approval. For a copy of the plat as it appears for filing at Dakota County, please refer to page , . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Wexford 2nd Addition. • 2-5 11 1 I I I = iii= _ . i I s 4 : 1 d iiil L : II a a : I i S �; i. j I; ;i ; �I"j it i ! #i'p -I 1 tl i 1 3 Ili t Ir = i F ti ! I+ a I: i+ Oh - I + i a i. i1 : I :i I1:1 1 i ii • t. i t= III: II t i _ I' I= = 3 + k ij=i as a I s' ii i5 t �! I = ii iii �� I i. j $I i;i' i f i s St t o I II II 411 i . !_ i !i ; J*, !t3= _II #i # i ! a} f Ilii i, o t t ij#! i ii j ! i? j !!ij i t Ij It i a? i IS l i- !. ifsa # i 1 S is 1 `, •• i . 1 I= /2 t i I I i ' I! i a; i 'Iii i'= s /: ! is • !I Ii I i is I: . I If}II li I s t 1 !' i. ,i i! 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''• L. ii' .r r y.•.mw•J 4... 2- ',`�' lr ,' ,d ,k 1��-:rich--, .1� ∎' Y11 *•.„,,,'L,i.�;f',yp.r.'fs?,^r” `0.k,b: v .- f a f • ! • 7. : \y?~ «+ b¢ I-2:. prit' f;tRib 1. - .��`'\S ?i4"xi i %2lP: R �.• , .1 • 4• _P _-/._tV -{-L�LJ- mw_)l-ft"-..-"ti. • ••••w•', '. NW. N:. ..,u Nil ur+zl— 2 SWAM•,.', P it fit,. / i i € 1 • 3C, . Agenda Information Memo July 6, 1993 City Council Meeting FINAL PLAT/WENZEL 2ND ADDITION V. Final Plat for Wenzel 2nd Addition--Final plat documents relative to the Wenzel 2nd Addition are in the process of being finalized and reviewed by the applicant and City staff. If these items are complete and executed in time for Tuesday's meeting, the plat will be in order for consideration by the City Council. If not, staff will recommend that the item be continued at the time of agenda approv . For a copy of the plat as it appears for filing at Dakota County, please refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Wenzel 2nd Addition. • 37 • I0 I}r____ _ J w S 71d . ;"041 •.•. N 1 1^,0 0 0'S • < t ' . 0 } Q i M <l0 OC I 4 : ' t p Z • u t ■ A'^ ranr aai: u 2 so I."• l�•• fo1-i 003 ,Z 1 1 I Z .1:::"...... _ ■ \ i \''• .._-� / -� � / : ' t i 1 L w 3 ✓ %, {t• Oa J low -.4. '-'"\ t'- _ n Q 1 _ •\�,, ._' t • \`1 t• k , -il I y \ t a 4 141 e 'I/ r,!i } 0 t\ r: _ ' ' - . t/\ l'\ 1r / # i 0 ..•• .. ' :.1 (....\■ ; /. '/\ i i,I i I \ 1 \ V4 tc) / %.•• Z = ,.,,... •.r... S.:4................. : .A 1% I N ' - _ J.I Z -. I. la i 3 Agenda Information Memo July 6, 1993 City Council Meeting FINAL PLAT/RIVER BLUFF TOWNHOMES W. Final Plat for River Bluff Townhomes--Final plat documents relative to the River Bluff Townhomes Addition are in the process of being finalized and reviewed by the applicant and City staff. If these items are complete and executed in time for Tuesday's meeting, the plat will be in order for consideration by the City Council. If not, staff will recommend that the item be continued at the time of agenda approval. For a copy of the plat as it appears for filing at Dakota County, please refer to paged . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the River Bluff Townhomes. 4714.4410 ciZt 1* 4fr, --.+30•403D--Ate 0-bc 0)44:4 NI I • "`►'dam -! .„,_ ..,.., M I ii 3 E . , - N ■\,,.. , Nel* ` A..? ss's.t.7. .. .„,.6,4,...tzt, o1 a k- . i r * i i i i fr-, ti "' l 2 j • it.rof R 4 olial$1 IP$ , . i I VN MOilrogv 3.1YURYTM' I k ,sas„v ...are. M C p ~ I fi i 1 I X if LLI ti i illilii ! I ill t I H I 1 11 li . i. 11111 illi i 1 1 I i j' fil I ' 1 3 it1 M! 47( Agenda Information Memo July 6, 1993, City Council Meeting APPROVE SUPPLEMENTAL AGMT TO DIFFLEY ROAD RECONSTRUCTION X. Approve Supplemental Agreement To County Contract 30-06 (Diffley Road Reconstruction • Lexington Meadows Grading & Utilities)--With the approval of the preliminary plat for the City-owned Lexington Meadows Addition located in the southeast corner of Daniel Drive and Diffley Road, staff was directed to proceed with the development site grading and installation of utility services as necessary to allow the final plat approval for this 8-lot single family residential development. With the present reconstruction of Diffley Road incorporating the grading of a storm water detention/retention pond within the middle of the Lexington Meadows Addition, it would be most cost effective for the City to have this work performed by the County's contractor at existing unit bid prices at an estimated cost of $ . Therefore, the County and City staff have prepared a Supplemental Agreement to County Contract 30-06 which is being presented to the City Council for their approval. ACTION TO BE CONSIDERED ON THIS ITEM: Approve a Supplemental Agreement to County Contract 30-06(Diffley Road Reconstruction)for the Lexington Meadows grading and utilities and authorize City staff to execute all related documents. Agenda Information Memo July 6, 1993, City Council Meeting WOODLANDS N 3RD ADDN Y. Contract 93-08,Woodlands North 3rd Addition-Acquisition of Easements--In order for the Woodlands North 3rd Addition project to proceed, easements and right-of-way for utilities and street construction were required along Trails End Road. To date, these items are not resolved. The contract award for the streets and utilities to serve this development is scheduled for July 20, 1993. In order for this project to proceed, Council authorization of the necessary right-of-way and easement acquisition is necessary. The development agreement for the proposed project provides for the developer to be responsible for all costs associated with the acquisition of easements and right-of-way necessary to serve the Woodlands North 3rd Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to proceed with the acquisition process for the right-of-way and easements necessary to serve the Woodlands North 3rd Addition. L( Agenda Information Memo July 6, 1993, City Council Meeting ;PUBLIC VACATION/ENGLERT ROAD CUL-DE-SAC A. Vacate Portion of Public Right-of-Way,Englert Road Cul-de-sac--On June 1,the City Council received a petition to vacate a portion of excess City right-of-way around the north side of the Englert R ad cul-de-sac and scheduled a public hearing to be held on July 6. Enclosed on page is a legal description and graphic representation of the area being requested for forma acation. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections from any utility company. However, the staff has learned that the Pond View development will be resubmitting a revised development plan which will have to be processed through the Advisory Planning Commission for reconsideration. This may have an impact on how much excess City right- of-way is necessary to accommodate the revised development layout. Also, because there is an issue pertaining to additional rights-of-way that have to be acquired from adjacent properties in order to accommodate the upgrading of Englert Road to City standards necessary to service this plat, the final location and configuration of the Englert Road cul- de-sac cannot yet be determined with any specificity. Therefore, staff is recommending that the City Council not approve this petitioned vacation. The applicant has been informed by City staff of these concerns and understands the reasoning for staff's recommendation. The Public Works Director will be available to provide any additional information as may be necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and deny the vacation of a portion of public right-of-way for Englert Road as described. L4"" • } -Y. M •- >,r 0 O V .. >. •N a) 0 0 0 40 0 O) V 0 00 < ..) O tv 4- a a O tv •• N C ..n t0 U u 0 0 O) m' 0 0 0 3 .- C 0 0 3 0 0 .0 0030 3 3 0 0) Z 0 0 .0.' i L •►C . C. a m L 0 Ls. a N C I. 4. CO ..' 4- 0 N S .0 0) 0+ C 0 - L. C 0) O C o o O) Q• 7 C o o .C O N d .. 0 0 0 000000 >S L 0 t C L. o C V .• t•,'V +• V V 0 V V i r w 0 a .. .. C C 0 0 C 7 C •• •- 0 C V 0 C +- 3 7 .0 0 0 - 0 .• 0 C) 0 V .. 0 0) v- 0 0 V 0 0 0 - L C a) V Cr a U .0 N 7 U a 0::4.• CO M A .0 CO O 4- 0 .o a C C N Cr - 0 .0 @ •• C a 4- S 0 a. J C L 0 40 •• 0 •• 0 '0 0 .- 4-•• .0 .0 4- I• - •• 0 S O N t. C - t_ Cr L .0 0 1. - 0 0 0 U L .. 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N N r^ A-' r !.. n •` O i ': MBrr" �-. aw . ..a tvi • t5 cc CI lz r.1 • 3 Se 31b1S ¢T a31N1 Z CC in • Z A-.. Qoo *747Vt:. 7 4 + Li 0 Agenda Information Memo July 6, 1993 City Council Meeting BUILDING MOVE/ACCESSORY BUILDING/RICHARD'S RESTAURANT B. Owners Permit for Building Move,Svend Jensen/Joyce Slattery(Richard's Restaurant), of 26' x 44'Accessory Building from 3520 Trails End Road to 4185 South Robert Trail--An application has been received of Svend Jensen and Joyce Slattery for an owners permit for a building move of a storage garage previously located at 3520 Trails End Road to the Richard's Restaurant property at 4185 South Robert Trail. While such applications are infrequent, City Code requires that a public hearing be held and that appropriate notice to neighboring property owners be provided prior to such action. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages l through ‘,4.-for your review. If approved, the application is subject to the conditions listed in the report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an owners permit for a building move for Svend Jensen/Joyce Slattery of a storage garage from 3520 Trails End Road to 4185 South Robert Trail. SUBJECT: OWNER'S PERMIT FOR BUILDING MOVE APPLICANT: SVEND JENSEN/JOYCE SLATTERY (RICHARD'S RESTAURANT) LOCATION: 4185 S ROBERT TRAIL (HIGHWAY 3) P.LD. #10.02400-014-76 EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: JULY 6, 1993 DATE OF REPORT: JUNE 17, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting an Owner's Permit for moving an existing 26 foot by 44 foot accessory building/storage garage currently located at 3520 Trails End Road to 4185 South Robert Trail (Highway 3). ACTION TO BE CONSIDERED: The City Code states the Council may either approve the permit or deny it in writing stating one or more of the grounds stated in Subdivision 13 of Section 4.10 of the City Code. COMMENTS: The applicants have applied for an Owner's Permit to relocate this building to provide storage facilities incidental to the operation and service of the principal business use,currently a Class I restaurant doing business as Richard's Restaurant. Such an accessory use of the building is permitted in a General Business District. As proposed, the relocated building will meet all setbacks and lot coverage requirements. Architecturally, both the storage building and the restaurant building have similarly low pitched roofs. The applicant has agreed to apply to the exterior of the accessory building siding of a style and color to match the principal building. An inspection of the subject building by City personnel has found the building to be substantially structurally sound and maintained in reasonably good repair. The owners have agreed to the few minor modifications which must be made to the building to bring it into conformance with the Building Code due to its relocation and use. CONDITIONS: 1. The trash enclosure must be relocated at least five feet from the buildings(per the Fire Code). 2. Those portions of the storage building walls facing the restaurant must be upgraded to a one-hour firewall (per the Building Code). 3. Comply with all applicable City Ordinances. (I) ATTACHMENTS: Exhibit A - Site location map Exhibit B - Site survey Exhibit C - Views of building to be moved Exhibit D - Views of adjacent structures at proposed location Exhibit E - City Code, Section 4.10, Subd. 13 EXHIBIT A - Site Location i., . W�• # i x=Y'x' , Big �" �� ,; . ; *" r I Orr ` -Se I- * . .. Ir{y1 i At U — ,, i iff..'T...114 4111.114k. : r yr= 1 ir , ., ft '.'A _4.401:114 V 09 t____,,.. 4••• ag ,ais tip?' uii ifibic I 1 . ,1‘44,a04. J ii - F-1- - i a i . Imo AptiVi... ' - , -- ,4 0 4 Up .ti'3 ,1455* I . tii yr 1 re I if 1 a ' 9 $ .c ,_0 * ilf! i 1 taVIST i I I 1I os(c- 1 I 1 . _. ... G 11 . . . 11 ' . 1 1 - .. - -. . . . I1 ..,.. . C.S.A.H. i -. ^e!' . ":"a®.„..::..-..I :X74 - .-S4_,, .•'14 sS CY`.-'9C 4b411114twir'00.11i. L.ke( S tz \\\\�111iNlitlU . N < t N a Jy4-'/1 re 01 0 CD 1a o 0. "o'a C EXHIBIT B - Site Survey - d-' I ° '..../ti tCo D 01 a tO _Z(/1t' co =r ':Z 1-.--C; Ki > :rn=. \ ---:-._..-- Z M▪ Oa CY 0 f..33%. cn D � iJ3 z CA r►e ►a A f . 1 N= .C /% . y w 1ha\. 18+ 041944~ M 7 '1 10/E'S r 4-,NE • K1 aK 2SZo/ \ f G• M '4 O'do'd7' E J A K Oa a s• q =.f O w Al A a s:t CA RK o dal et I'DD 11 CA to i fn AO, CA, C = O I = cc-) r ZG I O D a-' 9 m r Ix m s S d•74•73. A S / o (?1 o g .........22.30 ; D ; / --I mu o '�� ►y m cn a.. o o - / H N ,a . °i 6 j Z= u m I 3 .. 0 ■ d C o cn I I rn m m c) z m —I m N —i d N I V Z 51 i iv Cr7E/G.G� i•'7674-:;7 2s• tt W %. /,,,,, M S . T ,� 3 F — ------ - - H • NO . ' ° w �- 2 A �, rP wti O N \ SE CORNER Ei/2 OF SEi/4 1 C C (DAKOTA COUNTY MONUMENT) co I aN N -- I /165, 1/3 EAST LINE OF Ei/2 OF SE1/4 SEC. 24. T27N. R23w . (....\0\ . EXHIBIT C -- Building to be moved -4N _ -,_, , x -- it it ..,4..,,,,4,.z.,,,,,,;,, ,,,,,,..„4 ,,,,,,.::,.,. ,,,,,,, __ _ . _ _ • Right front view Left front view S tea : Rear view -• 0 EXHIBIT D - Adjacent structures at proposed location •I ......„. ,•:- ... ,- .... .„ IMMO" , . -:',7--.k.- --- '=: -.:,.;, ---- -,I,-., 4 4:::- .,,,---.,4.-,....;:,■=,-..-:-.„,,,„.,.. - .. - --.....--., -..,'-':::",::-,>;----..,;;-, .:'.;'....,ft,-'- --tA.4,-.,.' *''' ',--,.. ..''''"--'--- ' - -- ' ,---, --1.':-,--' !-''.".=--, - --'-'..-,- ..',=:.-''''''-""'-'k''"''''''="i''''''''''''= -N*.\--'--V.`•-k--r==-- --.4.', ''.--k-'-: :".":".....ftt-%,-- -,-A=4-..-%•4--il..< '-':-.-,-_ ' ,,,,,T,,,,,,, ' W.;',..z".".-- „.--‘-,-.,,, - -..,-- ---.---4--.-=:4-ci',----'t-- - ' -----,".„4;;V-4--=',-::- .:1:0.**V-Z,,:-.:te---:!: ,,..-4.,-,-..,--..,4 4*--s ,z..--,.$=, •-,,,,,,-:-. .:;..=.4' -,...-,-;*`-:====z-',.-='.--:-. , z..;-,,, , .,.:.,...w,:......*„..,..-----,, '..= -,-,..--.::-'''..•z:==.--4.',.., '''.:44-w,.=1=-',-V=',,,z--1".;,--•''' ,,..w...-.:,:-." -.. <-,4..,,:4-W-f. '+.3....,. :S,Z.N ,I. ", ', ■..."1.,'",,' ...''''''''''''&,..... \■ '":V,:::Sk.'",` ZI-:`:'.- j":„..., ',:,..."' ''', ' 2, ' '..t.",:'A...,...41S''.:'*',... ..::;;,I,' '''',,, '.,,A.,''' ■ ' '4......-:•,,...,' ''...7.... ..,:\Z", ... :".'iS.IV'.."....?•.)...,:7-:"'-'- ---ez.:-.--- - - , --. --, qW-: ki 4.•:,:.---,a- :--; . „ -.... , . , ' Southeast view East view .. „ - s S • I .4 ',..?;:,,,-.4k:-.."■••.'--,',... ',•-•-- ' - ... t44 - .•.,„ ..,,,...;,-, ,,..1.„...,..,„ , .. '44111Kikt1 ir ' ,-, ..":1'-'-' 1k.''''..!. ;.",..:-•:":: --''''''''-=-- ‘ 14‘-- - - 4,- -'-' 1W 1.,"' ----. ':----• --","ft 1=.*:-, - •,,,t4air-----,:Nj- '•3--'z-- '''' :::......,:::.---1,-::::,:i-,,,, -::•-''''' ''= '-'''' e'-',,';'"-A:'--- --,,,, --,-..,....--**W-.3,,,,..7.- '---- ---,.. - ,1-,,z,,-....-,•:',.,.- , - -'--': .. - r , • • South view .E:-.)- 1 • EXHIBIT E City Code: Section 410 Subdivision 13 Subd. 13. Denial of a Permit. Any permit under this Section shall be denied upon a finding of any one of the following: A. Applicant has not complied with any requirement of this Section; B. Persons or property in the City would be endangered by moving the building, because of shape, size, route, or for any other reason; C. The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City; D. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; E. The equipment for moving the building is unsafe and persons and property would be endangered by its use; F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code, if the location to which the building is to be moved is in the City; or, G. If the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative' age, bulk , architectural style and quality of construction of both the building to be moved and the buildings existing in the • neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. 5c)-- • Agenda Information Memo July 6, 1993 City Council Meeting • OLD<BUSINESS CITY CODE AMENDMENT/LOCAL LODGING TAX/AGREEMENT/ CONVENTION & VISITORS BUREAU A. Amendment, Eagan City Code 2.80, Establishment of a Local Lodging Tax and Agreement, City of Eagan and Northern Dakota County Chamber of Commerce, Creating the Eagan Convention and Visitors Bureau—In March of this year, the City received a request from its major hotels to consider the implementation of a convention & visitors bureau through the creation of a lodging tax as permitted by State Statute. The request was routed to the Eagan Economic Development Commission which considered it at its meeting of March 23, 1993. The Commission approved the concept of a convention & visitors bureau and forwarded a recommendation to the City Council to direct staff to work with the Chamber of Commerce and legal counsel to develop appropriate documentation for the lodging tax and bureau. This recommendation was considered by the City Council at its April 5 meeting and staff was directed to prepare appropriate documentation and background in this regard. • The documents were completed and returned for Economic Development Commission review at i eeting of May 25, 1993. A copy of those minutes are enclosed on pagessa through S 6 for your review. As noted in the minutes, the Commission addressed the name of the Convention & Visitors Bureau to highlight Eagan rather than Northern Dakota County in general, that the Board representation consist of a minimum of nine members and a maximum of twelve members with two members being appointed by the City and that quarterly updates of Bureau activities be provided to the City. In addition, the Commission discussed the issue of membership in the Convention & Visitors Bureau. It was indicated by Chamber President Dan Aberg that CVB membership would be automatic for Chamber members but that other businesses could belong to the CVB who are not Chamber members provided they pay the separate cost to participate. Also enclosed on pages Sthrough (03 is a copy of the draft ordinance which would establish a local lodging tax. At the present time, the Chamber of Commerce is requesting that the tax be implemented beginning_A4gust 1 with st return of receipts occurring in September. Also enclosed on pages ( through ti d is a copy of the draft agreement between the City and the Northern Dakota County Chamber of Commerce creating the Eagan Convention & Visitors Bureau. Next, enclosed on pages(e 1 through-2_7_ are a draft marketing plan and draft budget as required by the agreement and a procedure manual outlining the general activities of the Bureau. Please note that a modification of paragraph III, B) Composition (of Board) will need to be modified according to the provisions of the agreement itself. Agenda Information Memo July 6, 1993 City Council Meeting In taking its action, the Commission indicated that the Convention & Visitors Bureau fit its proposed Mission and goals in many respects. In particular,the Commission found that the CVB advanced goals 4, 5 and 6, whicli,are included in the draft Economic Development Goals which are enclosed on pages through 1 q. It should be noted that all of these goals are in the current City Economic Development Master Plan and are being recommended by the Commission for continuation in the goals modifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) an amendment of Eagan City Code 2.80 calling for the establishment of a local lodging tax and 2) an agreement between the City of Eagan and the Northern Dakota County Chamber of Commerce creating the Eagan Convention & Visitors Bureau as presented. MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION Eagan, Minnesota Tuesday, May 25, 1993 A meeting of the Eagan Economic Development Commission was held on Tuesday, November 23, 1993 at 7: 00 a.m. Present were Eldon Johnson, Tom Korsman, Cathy Clark-Matuszak, Kirk Duholm, Pat Grinde, Tom Pederson, and Chamber of Commerce Executive Director Dan Aberg. Also present were City Administrator Tom Hedges, Acting Community Development Director Jon Hohenstein, and Project Planner Kim Eggers. AGENDA The agenda was approved as presented. MINUTES Grinde moved, Korsman seconded the motion to approve the minutes of the April 27, 1993 Economic Development Commission as presented by. CONVENTION & VISITORS BUREAU Chair Johnson directed Hohenstein to lead off discussion of. the most recent development relating to the Convention & Visitors Bureau (CVB) . Hohenstein stated that the draft ordinance had been reviewed by city staff, the Chamber of Commerce, and the .city attorneys office. The Burnsville CVB was discussed, and as well as rental of lodging at hotels or motels for more than 30 days. Duholm expressed his support for the CVB. Pederson asked if it would be appropriate in this case to use the City Council model of decision making. He suggested an open forum to direct questions to people like Mr. Aberg or others who make requests of the EDC, then holding a closed discussion session for EDC members only. Johnson stated that in his opinion, such extreme formality is not necessary. Sheldon stated that the legal counsel is still working on some language formalities in the draft ordinance, but that it is basically complete. Grinde asked if the hotel/motel owners are supportive of the project. Aberg stated that the three major Eagan hotels are very supportive of the CVB, as is the Marriott in Mendota Heights. He also state that the small hotels are cooperative as long as they will be involved in the process. Johnson questioned Aberg regarding the feelings of the Mendota heights City Council. Aberg stated that while the Council is basically supportive of the idea, they do have some questions. S Hohenstein stated that it is his understanding that the questions are administrative in nature - particularly regarding the size of the board and what their representation will be. Pederson stated a concern that nothing in the procedures states that Eagan will be a main concern of the CVB. He stated that the CVB will be responsible for promoting all of Northern Dakota County, not just the City of Eagan. Sheldon pointed out that the proposed ordinance is an Eagan ordinance only, and provides benefit solely to Eagan. Clark-Matuszak agreed with Pederson's concerns. She stated that she would like to see Eagan develop an Eagan-only Chamber of Commerce, and feels that it would be a mistake at this point to continue to affiliate with all of Northern Dakota County. She feels that such an affiliation only enhances the lack of community identity in Eagan. Korsman questioned Aberg regarding the name of the CVB. Aberg stated that he believes that Mendota Heights will -not be happy with only the Eagan name if they are to be involved in the CVB. He stated that if another city is involved in funding the project, they should be mentioned in name. Johnson asked whether or not it would be possible for Eagan to stand alone. Aberg stated that it may be difficult without Mendota Heights. Pederson stated that it is Eagan the EDC should be promoting, and that he would vote against a Northern Dakota County CVB. Aberg directed members to look at Pages 26 and 27 of the proposed ordinance. He stated that we must identify ourselves as a suburb of the Twin Cities. He also stated that he would have no problem with changing the name to the Eagan-Mendota Heights CVB. . Hohenstein asked whether or not any other cities would be involved in the Northern Dakota County CVB. Aberg said no. Hohenstein then stated that in that case, it would be advantageous to narrow the focus of the CVB and make the name more specific. Korsman stated that all the money raised from the . City of Eagan will be returned to the City of Eagan. Pederson felt that the money raise should be proportional to the number of members on the board. He also stated that he feels that the mix of the board should be changed. He also questioned the fact that there is no representative member of the EDC to the proposed CVB, and wondered if it would be possible to appoint one. Grinde suggested that whomever is- president of the Promotions Committee could be an ex-officio member. He also questioned whether or not it would be possible for the EDC to receive quarterly updates from the CVB. S-L Aberg stated that a quarterly update could be provided, and also agreed to Johnson's suggestion of a written update for any crucial matters. Korsman questioned who the market is and who the CVB will be attempting to promote. Aberg stated that the two major markets are Canada and Iowa. He mentioned the Mall of America as a draw for bus tours and other tourism. Hedges stated that it is his understanding that the Yankee Square Inn is currently competing with the Burnsville Hotels because they have advertising ability through their CVB. Pederson discussed Burnsville's battle with those who do not choose to join their CVB. He feels that Eagan's CVB should not make membership mandatory. Aberg said that this should not be a problem, but that there should be buy-in. He also stated that it will be possible for small businesses to participate in the CVB. Aberg stated that there are enough checks and balances in the system to prevent any harm to businesses. Clark-Matuszak asked whether or not it would be possible to recommend that an EDC member be a member of the CVB. Pederson recommended that the last sentence of the ordinance be changed to provide for the possibility of another entity taking over the CVB. Pederson also asked about a possible sunset clause provision. Hohenstein stated that a sunset clause may be bad for the program initially because one or two years may not be enough for the program to prove itself. Grinde agreed. Aberg stated that an EDC member could replace the member-at- large. Sheldon said that the agreement could state "a minimum of nine and a maximum of twelve members, " and that of the additional members, two could be appointed by the City Council who could be recommended to choose one EDC member. Aberg stated that the quarterly reports to the EDC will include any changes to the procedural manual. Aberg added that the City is provided with all Chamber minutes, and is invited to any meetings. A proposed sunset clause was brought up again, and again it was determined that such a clause is unnecessary. Aberg thanked the EDC members for the time and effort they • have given to the CVB. Hohenstein questioned whether or not the EDC would like to determine, on Pederson's urging, where the CVB fits into the EDC Mission Statement. It was determined that the idea of a CVB fits into the Mission Statement in many ways, especially in reference to .S-r7 goals number 4, 5, and 6. Korsman moved, Grinde seconded a motion to recommend that the City Council establish an ordinance establishing lodging tax for the purpose of a CVB, subject to the aforementioned ordinance changes. Pederson moved, Clark-Matuszak seconded a motion to recommend that the City Council adopt the agreement as modified in regards to the name change and number of members. Both motions passed unanimously. CURRENT AND PENDING DEVELOPMENT Hohenstein stated that most of the new plats this month are residential. He stated that Kohl's final plat should be going through soon. Hohenstein briefly mentioned McDonald's and Chili's Restaurant upcoming openings, as well as the Lexington and Lone Oak Road updates. Korsman gave a brief update on the YMCA. COMMUNITY FORUM Pederson asked this item to be removed from further agendas because as he mentioned at the last. EDC meeting, the Community Forum has become a school-based initiative. CEDARVALE UPDATE Pederson stated that the Cedarvale area business people will be appearing before the City Council on June 15 to request $4,000 in matching funds for a feasibility study for roadway/access improvements in the Cedarvale area. Pederson stated that he thinks it would be appropriate if members of the EDC were in attendance to show support. CONTACTS COMMITTEE There was no update regarding the contacts committee. METHODS TASK FORCE Pederson and Clark-Matuszak had a meeting to discuss how and when the EDC interacts with the City Council. They questioned whether or not the Task Force should disband. It was determined that he Task Force should not disband, and that they should prepare a questionnaire in time for the next meeting for EDC members to fill out. It was agreed that the Task Force would prepare a questionnaire for the July meeting. s8 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY ADDING SECTION 2 .80 REGARDING THE ESTABLISHMENT OF A LOCAL LODGING TAX; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE, AND SECTION 2 .99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 2 is hereby amended by adding Section 2.80 to read as follows: SEC. 2 . 80. LOCAL LODGING TAX. Subd. 1. Purpose and Definitions. • A. Purpose. In order to fund a local convention or tourism bureau for the purpose of marketing and promoting the City of 'Eagan as a tourist or convention center it is in the best interest of the City to impose a local lodging tax in accordance with Minnesota Statutes. B. Definitions. 1. Lodging shall mean the furnishing for consideration of accommodations at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of 30 days or more. 2 . Operator shall mean any person, corporation, partnership or association who provides lodging to others. Subd. 2 . Imposition of Tax. All operators shall impose and collect a tax of three percent (3%) on the gross receipts from the furnishing of lodging at the time the lodging fee is paid. The amount of tax shall be separately stated from the lodging charges. The lodging operator shall hold in trust for the City all taxes collected hereunder. Subd. 3 . Payment and Returns. The operator shall remit to the City all taxes collected hereunder not later than 25 days after the end of the month in which the taxes were collected. At the time the taxes are • remitted to the City, the operator shall file with the City a tax return on a form furnished by the City containing the following information and such other information as the City may require: A. The gross receipts from furnishing lodging during the period covered by the return. B. The amount of tax imposed and collected as required hereunder for the return period. C. The signature of the person filing the return or that of his agent duly authorized in writing. D. The period covered by the return. E. The amount of uncollectible lodging receipts subject to the lodging tax. The operator may offset against the taxes payable and due with respect to any reporting period, the amount of taxes imposed by this chapter previously paid hereunder as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Subd. 4 . Examination of Return, Adjustments, Notices and Demands. After a return is filed, the City shall examine it and may make any investigation or examination of the records and accounts of the operator making the return as deemed necessary for determining its correctness. The operator shall provide to the City for inspection and examination its records and accounts within 15 days of the City's request. If after any investigation or examination hereunder, it is determined that the tax due is greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return; if the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. Whenever any tax due has a 10% or more discrepancy, the operator shall reimburse the City for any costs incurred by the City in reviewing the operator's return. 2 (PC) Subd. 5. Refunds. Any operator may apply to the City for a refund of taxes paid in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The City may deny or allow the claim, in whole or in part, and shall issue and file written findings of such decision. The City shall notify the operator at the address stated upon the refund claim application by registered mail of its decision on the claim. If such claim is allowed, in whole or in part, the City shall credit the amount of the refund against any taxes due and owing hereunder by the operator and any balance of the refund shall be promptly paid by the City to the operator. Subd. 6. Failure to File a Return. Any operator, who fails to file a return as required hereunder or files an incorrect, false, or fraudulent return, shall, upon written notice and demand by the City, file such return or corrected return, together with any tax. due, within thirty (30) days of receipt of such written notice. Whenever any person fails to file the appropriate return under this provision and the tax due after such notice and demand, the City may determine the appropriate tax from such knowledge and information as the City is able to obtain and assess such tax accordingly. Any tax determined to be due and owing under this provision shall be paid by the operator within five days of the receipt of written notice and demand for such payment. Any assessment made by the City hereunder shall be prima facie correct and valid, and the operator shall have the burden of establishing the incorrectness or invalidity of such assessment in any action or proceeding in respect thereto. Subd. 7. Failure to Remit Tax Payment. If any portion of a tax required hereunder, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City may certify the tax as a lien against the real property on which the lodging establishment is located and the City Attorney may institute such legal action as may be necessary to recover the amount due, plus any interest, penalties, costs,. disbursements and all attorney fees, as a result of such action. Subd. 8 . Extension for Filing or Payment. Upon a showing of 3 good cause, the City may grant an operator a thirty (30) day extension period within which to file a return or make payment of taxes as required under this Section, provided that interest shall accrue during such extension period at the rate of eight percent (8%) per annum. Subd. 9. Penalties. If any tax required under this Section is not paid within the time herein specified or within the approved extension period thereof, the operator shall pay a penalty equal to ten percent (10%) of the amount remaining unpaid, in addition to the tax due and owing. Subd. 10. Interest. Any tax required under this Section is not paid within the twenty-five (25) days after the end of the month in which the taxes were collected, together with any penalty provided herein, shall bear interest at the rate of eight percent (8%) per annum to begin accrual at the time such tax was required to be paid. Any interest and penalty shall be added to the tax and be collected as part thereof. Subd. 11. Violations. It shall be unlawful for any operator to fail to comply with any provision of this Section, or make any false or fraudulent return. Subd. 12 . Use of Proceeds. Ninety-five percent (95%) of the gross` proceeds from the collection of taxes pursuant to this Section shall be used to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center. Subd. 11. Appeals. Any operator who is aggrieved by any notice, order or determination made by the City under this Section may file a petition for administrative review of such notice, order or determination detailing the operator's reasons for contesting the order, notice or determination. The petition shall contain the name of the operator, the operator's address and the location of the lodging establishment subject to the order, notice or determination. The petition for review shall be filed with the City Clerk within thirty (30) days after the notice, order or determination has been served upon the operator. Upon receipt of the petition, the City Administrator, or the Administrator's designees, shall set a date for a hearing and give the operator at least fourteen (14) days prior written notice of the date, time 4 and place of the hearing. At the hearing, the operator has the burden to prove that the notice, order or determination is in error. The operator may be represented by counsel of operator's choosing at operator's own expense. The hearing shall be conducted by the City Administrator or Administrator's designee, provided only that person conducting the hearing shall not have participated in the drafting of the notice, order or determination for which review is sought. The notice, order or determination made by the City may be affirmed, reversed or modified. Any decision rendered by the City Administrator pursuant to this subdivision shall be supported by written findings of fact and conclusions based upon the applicable sections of this Section and the evidence presented. The operator shall have the right to appeal to the City Council, upon filing a written notice of appeal with the City Clerk within ten (10) days after the administrator's decision has been served upon the operator. The matter will thereupon be placed on the Council agenda as soon as is practical and the operator shall be given fourteen (14) days notice of Council hearing. The Council's standard of review of the Administrator's decision shall be on the record and the operator shall have the burden to prove the City's notice, order or determination is in error. The Council may modify, reverse or affirm the decision of the City Administrator. Section 2 . This ordinance shall become effective thirty (30) days after its passage and due publication. Adopted by the Eagan City Council this day of , 1993 . ' • City of Eagan By: Thomas A. Egan, Mayor ATTEST: City Clerk 5 CITY OF EAGAN AND NORTHERN DAKOTA COUNTY CHAMBER OF COMMERCE: EAGAN CONVENTION AND VISITORS BUREAU AGREEMENT THIS AGREEMENT is made and entered into this day of 1993, by and between the CITY OF EAGAN, a Minnesota municipal corporation ("City") ; and the NORTHERN DAKOTA COUNTY CHAMBER OF COMMERCE, a Minnesota non-profit corporation ("Chamber") . WHEREAS, under the authority of Minnesota Statutes, Section 469. 190, the City by ordinance imposed a local lodging tax to fund a local convention and visitors bureau for the purpose of marketing the City as a tourist and convention center; and WHEREAS, the Chamber has established and will maintain a convention and visitors bureau, known as the Convention and Visitors Bureau ("Bureau") for the purpose of marketing the City as a tourist and convention center; and WHEREAS, accepting the services of the Bureau to promote the City as a tourist and convention center is desirous and required in order to efficiently and effectively promote the City's tourism and convention business; and WHEREAS, the Bureau is capable of handling all monies funded by • the City for the purpose of marketing the City as a tourist and • convention center; and WHEREAS, to provide for the marketing of the City as a tourist and convention center, it is in the best interest of the City to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing facts, the parties hereto agree as follows: i. Convention and Tourism Bureau Created. The Chamber agrees to maintain a Bureau, to be known as The Eagan Convention and Visitors' Bureau ("Bureau") . The Bureau shall consist of a Board of Directors of at least 9 persons, but not more than, 12 persons. The Board of Directors shall include 2 members appointed by the Eagan City Council; the remaining members shall be appointed by the Chamber. The Board shall have the power to hire staff and lease, rent or purchase equipment or space as required to carry out its obligations hereunder. 2 . Tourism and Convention Marketing Services. The .Bureau shall develop and administer programs to advance the economic impact of tourism and convention business in the City by attracting visitors, conventions, meetings, trade shows and other like events. The Bureau shall develop and administer (40( • such programs in accordance with the Bureau's marketing plan, attached hereto as Exhibit A and made a part hereof. 3 . Information Charges. All services provided pursuant to Paragraph 2 of this Agreement shall be without charge to any person or organization using such services except those charges necessary to cover out-of-pocket expenses and the costs of administration as the Bureau deems necessary. 4 . Funding. The City shall remit to the Chamber ninety-five percent (95%) of the City's gross proceeds from the lodging tax imposed under the City's ordinance. Such funds paid by the City shall be used by the Bureau exclusively for the purpose of funding the Bureau's services under this Agreement. 5. Budget Approval. The Chamber shall submit to the City an annual operating budget for the Bureau for approval by the Eagan City Council on or before August 1 of each year. Such budget shall detail with specificity the uses to which the funds shall be spent to provide the services required hereunder. No modification in such budget shall be made in excess of ten percent (10%) without prior approval by the Eagan City Council. The Bureau shall have no deficit financing. • 6. Verifications of Expenditures. The Chamber shall submit to the City a copy of the Bureau's monthly financial statements, itemized and verified by the director of the Bureau. The City shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any item of revenue or expenditure. 7 . Audit Required. The Chamber shall have an annual financial audit of the Bureau performed by an independent certified public accountant who shall prepare and submit a report thereof to the Chamber and to the City, at the Chamber's expense. 8. Indemnification. The Chamber agrees to indemnify, defend and hold the City harmless, for any claims, demands, actions or cause of actions arising out of any act or omission on the part of the Chamber or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the Chamber or the Bureau under this Agreement. • 9. Insurance. • A. General Insurance Requirement. The Chamber shall not commence any work or services under this Agreement until it has obtained all insurance required under this provision and shall have filed the Certificate of Insurance or certified copy of the insurance policy with the City. Each insurance policy required hereunder shall contain a clause providing that it shall not be cancelled, reduced in coverage or lapsed by the insurance company without thirty (30) days' written notice to the City of intent to cancel, or reduction of coverage or non renewal. B. Liability Insurance. The Chamber shall procure and maintain during the term of this Agreement general personal injury liability and property damage insurance. with a minimum coverage limit of $1, 000, 000. 00 per occurrence which shall protect it, the Bureau and the City from claims for damages for personal injury, including accidental deaths, which may arise from the work or services furnished under this Agreement, whether such work or services be by the Chamber or by anyone directly or indirectly employed by the Chamber. The Chamber shall procure and maintain during the term of this Agreement, liability • and property damage insurance for the Bureau's directors. C. Workers Compensation and Employers' Liability Insurance. The Chamber shall secure and maintain during the term of this Agreement, Workers Compensation and Employers' Liability Insurance as required by law for all of its employees engaged directly or indirectly in the work and services under this Agreement. The Chamber shall also maintain insurance required under any other employee benefit acts in force and required by law. The City shall be named as an additional insured. 10. Fidelity Bond. The Chamber shall not commence any work or services under this Agreement until it has filed with the City a fidelity bond to insure for the safekeeping of funds by the Chamber under this Agreement. 11. puration and Termination of Agreement. A. This Agreement shall become effective on 1993 , and shall remain in effect until terminated by either party as provided in Paragraph 10.B. LS CP B. This Agreement may be terminated by either party, with or without cause, upon six (6) months' written notice to the other party, provided such termination shall not be effective until the last day of the fiscal year, immediately following the six (6) month's notice to terminate. 11. alteration or Modification of Agreement. A. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. B. This Agreement shall constitute the entire Agreement between the parties and supercede all prior oral or written negotiations relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk NORTHERN DAKOTA COUNTY CHAMBER. OF COMMERCE By: Its: Chairman By: Its: President STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1993, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) • On this day of , 1993 , before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the Chairman and President of Northern Dakota County Chamber of Commerce, the Minnesota non-profit corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said Chairman and President acknowledged said instrument to be the free act and deed of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612)432-3136 SKH/wkt CVB DRAFT $ARXETING PLAN 4/15/93 The marketing plan for the first year of operation will be on three fronts. ADVERTISING: The CVB will undertake extensive market research to determine the best vehicles for their advertising dollars. It is the intention to advertise in magazines and newspapers. The CVB will work with an advertising agency to develop themes., specific marketing techniques and a long range marketing strategy. PRINT: One of the most effective ways of selling ourselves is to promote through brochures and an "Events " magazine. This will tell the reader about the events, entertainment, and eating establishments within Eagan and any special events occurring in the metropolitan area. A direct mail campaign will be instituted along with a newsletter. TRADE SHOWS: The CVB will participate as exhibitors in many of the trade shows as possible. Trade shows may include: * Jackrabbit Lines Trade Show * Jefferson Lines Trade Show * Des Moines Trade Show * ACTA Trade Show * American Bus Association * Minnesota Office of Tourism Co-op Efforts Other trade shows can and will be considered as they are identified. When a director is hired, s/he will have great input on developing a Plan of Work and formulating a comprehensive marketing plan. The director will be under the direction of the CVB policy board as defined in the CVB/Chamber agreement. (CC\ • DRAFT EMU jdDCCC $ 4/12/93 Income: Taxable Base $8,000, 000 Tax @ 3% 240, 000 Less 5% Admin Fee (12 .000) Total Tax Revenue 228,000 • Expenses: Personnel: Executive Director 35,000 Taxes 3 ,500 Auto Allowance 3,000 Medical 1,800 Life Ins. 700 Retirement 2 .000 Total Executive - ..- 46,000 Assistant 1/2 Time • 10,000 _. Taxes 1,000 . • Medical 900 Life 400 Retirement 1,000 Auto 1. 500 • Total Assistant ;4 .800. Total Personnel 60,800 Operating Expenses: Accounting 4 ,000 Education 4,000 Rent 12,000 Depreciation 2,500 Telephone 6,000 . Postage 9,000 • Dues/Subscriptions 3,000 Supplies 3,000 Admin Expense 2.1.2S2 Total Operating 50,700 Start-Up Cost: Furniture 7,000 Computer 5, 000 Miscellaneous 2.122 Total Start-up 1.14.12.2 Total Personnel and Operating Costs 126, 000 1.1v PROGRAM COSTS: Advertising : Magazines 13 , 000 Newspapers 7 , 000 Ad Agency 12 ,000 Conventions 2,000 Display Booth ; .000 Total Advertising 37,000 Print: Brochures 21,000 Direct Mail 5,000 Newsletter 3,000 Maps 2 .000. Total Print 31, 000 Trade Shows: Shows 8 , 000 Fars 5, 000 Supplies 1, 000 Incentives 3 . 000 Total Trade Shows 17, 000 Miscellaneous 5. 000 Total Program Cost 90,000 Carryover @ 5. 25% 12 .000 TOTAL EXPENSES 228, 000 * This total revenue figure is based on tax income only. It does not , include any potential grant money that may be available through the Department of tourism or other sources that may be identified. P-1' • PROCEDURE MANUAL NORTHERN DAKOTA COUNTY CONVENTION AND VISITORS BUREAU NORTHERN DAXOTA COUNTY CHAMBERS OF COMMERCE EAGAN, MINNESOTA • • I . purpose: The Northern Dakota County Convention and Visitors Bureau (NDC CVB) is organized as a division of the Northern Dakota County Chambers of Commerce (NDCCC) to advance the economic impact of tourism in the Northern Dakota County area by attracting visitors, conventions, meetings events and trade shows. II. Membership: Membership in the Northern Dakota County Chambers of Commerce shall be an eligibility requirement for participation .on the NDC CVB Advisory Committee. III . advisory Committee: A) General Powers: The affairs of the NDC CVB and the control of its property and business shall be managed ty the NDC CVB Advisory Committee consistent with the Articles of Incorporation and the bylaws- of the NDCCC. Budget, policy decisions and the annual •audit•.is the responsibility of the NDC CVB Advisory Committee with the final approval being made by the NDCCC Board of Directors. B) Composition: The NDC CVB Advisory Committee will consist of 9 members. Four (4) members from the hotel/motel industry in the NDC Chamber area, One (1) from the local taxing authority (City of Eagan or City (ies) with joint powers agreements, One (1) from the Board of Directors of the Chamber of Commerce (Chair of the Board or designee) One from the hospitality industry of the NDCCC area, 1 member at large, and the President of the NDCCC will be an ex- officio voting member. In addition, a member of the NDC CVB Advisory board will be an ex-officio voting member of the NDCCC Board of Directors. C) Term of Office: The regular term of office of the NDC CVB Advisory Committee shall commence on October 1st of the year in which elected and shall run for a period of two years thereafter unless a member of the NDC CVB Advisory .Committee is elected to. fill .an unexpired term in which case said advisor shall be . elected for the duration of the term. A member shall . serve no more than two consecutive two-year terms with the exception of the President of the Chamber. • D) ,Staff : The president of the NDC Chamber of Commerce is responsible for the selection and hiring of the NDC CVB Executive Director, in accordance with the NDC Chamber of Commerce Operations and Policy Manual. E) Meetings:, Regular meetings of the NDC CVB Advisory committee shall be held monthly at such place and hour as the NDC CVB Advisory Committee may by resolution determine. F) Special Meetincs:, Special meetings of the NDC CVB Advisory Committee may be called by or at the request of the Chair or the Executive Director. The person or persons authorized to call special meetings may fix any place within the NDC Chambers area. G) Notice:, Notice of any special meeting of the NDC CVB Advisory Committee shall be given at least two days previously thereto by written notice delivered personally, sent by FAX or sent by mail of such meeting. . . 9 H) Vacancies: A member of the NDC CVB Advisory Committee who shall be absent from three consecutive . regular monthly meetings of the NDC CVB Advisory Committee within 'a twelve month period shall be automatically dropped from membership of the NDC CVB Advisory Committee, unless such absence shall be approved by a majority vote of those voting at a regular meeting. • I) Quorum:, Five (5) members of the NDC CVB Advisory Committee shall constitute a quorum at any meeting. J) Manner of Acting: The Majority of the NDC CVB Advisory Committee present at a meeting shall be the act of the NDC CVB Advisory Committee unless the act of • a greater number is required bylaw or these policies. K) Allied Members:. Membership in the NDC Chambers of Commerce shall be eligibility requirement for participation on the NDC CVB Advigtry Committee. Membership of allied cities shall require payment of a 3% lodging tax based upon the number of rooms in that city. • • IV) Selection of Advisors and Officers: A) Nomination of Officers: A Nominating Committee of three (3) people shall be named by the Chairperson at the July meeting of the NDC CVB Advisory Committee meeting. The NDC CVB Nominating Committee will select a slate of three for the forthcoming year, from the NDC CVB Advisory Committee, to the Executive Committee. B) Election gf Officers: At the regular meeting in September of each year, the NDC CVB Advisory Committee shall elect a Chairperson, Vice Chairperson and Committee Member At-Large. One of the three officers on the Executive Committee shall be a hotel/motel representative. • C) Duties of Officers: 1) The Chairperson shall be the legislative head of the NDC Convention. and Visitors Bureau and shall preside at all meetings of the NDC CVB Advisory Committee. With the approval .of the NDC CVB Advisory Committee, that person shall Sign, with the Executive • Director, contracts and other instruments affecting the operation of the NDC CVB and its property. The Chair shall , with the Executive Director, sign all formal documents of the NDC CVB, and in general, shall perform all duties incident to the. office of the Chairperson or such other duties as may be from time to time prescribed by the NDC CVB Advisory Committee. 2) The Vice-Chair shall serve as assistant to the • Chair, performing the duties of Chairperson in the Chairs absence. The Vice-Chair shall hold that office with the understanding they will assume the office of Chairperson, if elected, the following .year. 3) The Executive Director shall perform such responsibilities as may be assigned by the NDC CVB Advisory Committee. . S/he shall serve as secretary to the NDC CVB Advisory Committee and prepare notices and • keep minutes. S/he will also serve as secretary to all committees and/or.task forces and shall be responsible for employment, direction and supervision of all salaried personnel of the NDC CVB. All employees of the NDC CVB shall report 'directly•to the Executive Director. With the assistance- of the NDC CVB Executive • Committee, the Executive Director shall be responsible for the preparation of an operating budget and marketing plan covering all activities of the NDC CVB, subject to approval by the NDC CVB Advisory Committee. 141( IV C. 3 cont. The Executive Director shall be responsible for all operating expenditures in accordance with the approved budget allocation. 4) Term and Starting Date: The term of office for all elected officers of the Convention and Visitors Bureau shall be for the first regular meeting in October until the following September 30th, or until their successors have been duly qualified and elected. V. Executive Committee: A) Composition:, The three members of the Executive Committee shall, by virtue of their responsibility, Include: 1. The Chairperson of the Advisory Committee 2 . Vice-Chairperson 3 . Committee Member At-Large The Chairperson shall preside. B) General #tesponsibility: The NDC CVB Executive Committee shall possess and exercise only emergency powers of the NDC CVB Advisory Committee.. It -Shall • report its action or discussion at the next meeting of the NDC CVB Advisory Committee for its approval or rejection of the action taken. C) Meetings: Notice of any meeting of the NDC CVB Executive Committee shall be given at least 24 hours previous thereto by written notice delivered personally . or sent by mail to each member of the NDC CVB Executive Committee at the address shown by records of the NDC CVB. VI . Committees and/or Task Forces:, The NDC CVB Advisory Committee shall appoint standing committees and/or task forces as needed to carry out the annual program of work. . VII . policy: The NDC CVB Advisory Committee is responsible for establishing procedure and formulating policy of the organization consistent with the and subordinate to the by-laws of the NDC Chambers of Commerce. It is also responsible for adopting all policies of the • organization. These policies shall be maintained in a manual , to be reviewed and revised as necessary. "7 VIII) Finances: 1) All money received shall be placed in a separate operating fund of the NDC Chambers of Commerce and shall be specifically designated for the operation and activities of the NDC CVB. The NDC CVB Executive Director shall approve, in advance, all budgeted expenditures paid for the benefit of the NDC CVB. The ' Executive Director of the NDC CVB shall have at his/her discretion a latitude of $250.00 for non-budgeted or non-allocated expenses. The Executive Director, with approval of her immediate supervisor may spend up to $1000. 00 of a non-budgeted or non-allocated expense. No non-budgeted obligations or expenses, over $1000.00, shall be incurred and no money appropriated without prior approval of the NDC CVB Advisory Committee and the NDC Chambers of Commerce Board of Directors. The fiscal year shall begin October 1 and end September 30. Funding of the NDC CVB shall primarily be from revenues raised by the City of Eagan and all Joint Powers Lodging Tax and received from the City of Eagan and all Joint Powers. The annual budget for the forthcoming year, shall include administrative fees to be paid to the NDCCC for services provided to the NDC CVB by the Chamber, and shall also include a reasonable cash reserve. The annual budget must be approved by the NDC CVB Advisory Committee, the NDCCC Board of Directors and then presented to Eagan City Council along with the annual report and the next years program of work. 2) NDC CVB Advisory Committee members shall receive no salary or other compensation for their services, but may, upon approval of the NDC CVB Advisory Committee, be reimbursed for reasonable expenses incurred in connection with the services performed for the NDC CVB Advisory Committee. IX) Annual report: The NDC CVB shall distribute an Annual . . Report during the first quarter of each fiscal year. X) Amendments: These policies and procedures may be amended or altered by a two-thirds vote of the NDC Chambers of Commerce Board of Directors providing those amendments were first approved by a two-thirds vote of the NDC CVB Advisory Committee. Notice for such a vote must be received by all NDC_ CVB Advisory Committee and NDC Chamber of Commerce Board Members at least ten days in advance of the meeting at which they are acted upon. 1`47 • XI) Parliamentary Procedure: The proceedings of the NDC CVB shall be governed by the most recent edition of "Roberts Rules of Order". XII) penefits: Benefits for the Executive Director and employees shall be consistent with the policy guidelines of the NDC Chambers of Commerce. XIII) Joint Purchase policy: Any purchases by the NDC CVB that are considered leasehold improvements (as defined in the Chamber's lease agreement) shall become the property of the NDC Chambers of Commerce should the NDC CVB vacate their present location. When a joint purchase is agreed upon, if any party wishes to pay for that purchase in full, the other party may make monthly installments to the purchaser at a fixed interest rate consistent with the money market rate at the time of purchase. Installments will be payable over a twelve month period of time unless previously agreed upon by both the NDC CVB Advisory Committee and NDC Board of Directors. In the event the NDC CVB should cease to exist, all equipment will become the property of the NDC Chambers of Commerce. • CITY OF EAGAN ECONOMIC DEVELOPMENT GOALS 4/93 Modifications 1. Retain, Expand and Diversify Tax Base Keep residential property taxes as . low as possible through a broad, substantial tax base - Limit adverse effects to community's revenue position due to economic conditions - Achieve economies of scale available for larger concentrations of property value - Encourage and 1pveracre private investment in local properties. Identify and target quality businesses. 2. Retain, Expe-:3 and Diversify Employment Base - Provide job opportunities for Eagan residents - Limit dependence on narrow job categories Enhance buying power for Eagan businesses ' goods and services. 3 . Nurture a Healthy, User Friendly Business Environment - Enhance cooperative, interactive processing of development applications. - Identify City customers and customer needs and means to meet them. - Be proactive and responsive to economic development opportunities. - Consider and evaluate financial investment in priority developments and redevelopment areas. 4 . Enhance the Image and Visibility of the City - Encourage sense of community and community identity through recognition of City as economic activity center, corporate headquarters, the business community of choice, etc. - Enhance external image of City as economic destination, corporate center, etc. - Develop identity as major economic center in addition to the Minneapolis/St. Paul central business districts, as Bloomington/494 strip is doing. - Develop and maintain community quality standards including appearance expectations, natural amenities and attractive gateway developments. 5. Attract Primary Dollars from Outside the Community - Produce goods and services sold outside of the community in regional, statewide, national and international markets such that dollars are brought into the community and not just circulated within it. - Improve Eagan's ability to attract shoppers and service users from outside of the community from the freeway and highway system. '7((; 6. Retain, Expand and Diversify Retail and Service Facilities for Eagan Residents, Employees and Businesses - Create massings and synergies of retail activity - Provide a broader spectrum of locally available choices in the areas of retail goods and services to reduce the outflow of Eagan dollars to other communities and to reduce Eagan residents' dependence on long car trips for goods and services. 7 . Create Massings of Economic Activity - Create focuses and areas of commercial/industrial, retail and hospitality/entertainment activity that will natually encourage related and spin-off businesses. - Encourage substantial development of existing economic activity areas within context of Comprehensive Land Use Guide Plan. 8 . Communicate Effectively with Businesses and Developers - Encourage public participation and awareness of community assets and development activities. - Implement a business development marketing plan. Network, cooperate, coordinate and benchmark with other agencies and cities. - Support a Chamber of Commerce 19 . Agenda Information Memo July 6, 1993 City Council Meeting MODEL HOME PERMIT/DIFFLEY COMMONS 2ND ADDITION A. Request for Model Home Building Permits, Rottlund Homes, Diffley Commons 2nd Addition--A request has been received of Rottlund Homes for a model home permit for a villa home in the Diffley Commo• 21 3 Addition located adjacent to Beaver Dam Road. Enclosed on pages g( throug i f you will find a copy of cpPrespondence from the Developer with respect to this request. Also enclosed on pages 0) through is a copy of a staff memorandum relative to this matter and covering the City Code secti�'oii regarding model homes. As noted in the report, the application conforms to the model home requirements with the exception that the code prohibits the construction of model homes prior to final plat approval by the Council. At the present time, it appears that the final plat can be before the Council as early as the July 20, 1993 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request for a model home building permit for Rottlund Homes for Diffley Commons 2nd Addition as presented. • C".t / JUL-01-1993 16:04 FROM TO 6814612 P.02 ROTILUNI) HOMES aiKMON'OF • 21UxorsLUrracosra wr,mNC Mr.Mayor.Members of the Council June 28, 1993 do Mr.John Hohenstein Acting Community Development Director City of Eagan 3830 Pilot Knob Road . Eagan,MN 55122 Re: Diffley Commons 2nd Addition Building Permit for Model Home . The Rottlund Company respectfully requests the Council to allow staff to issue eau building permit for our Villa model home structure ahead of the final plat and utility development agreement execution. This request would allow the model structure to be completed prior to the heavy freeze of the coming winter. We normally complete a building in 4 months which means that our driveways would be installed around November 1st should the Council grant this exception to the rules. On May 6th we submitted grading plans to staff which were approved. Grading has commenced and we are nearing substantial completion. The final plat,utility and street plans were submitted to staff an May 28. Due to staffing and vacation conflicts,we understand that the earliest date we will be scheduled for Council action will be July 20. We have been informed that even this date could slide. Without the Council authorizing this request,it would be extremely difficult for the first model structure to be substantially complete prior to winter. We believe that this poses a needless hardship not only on Rottlund as a landowner but on our first buyers and future residents. We believe that our past performance in Fagan,cnntimied.performance in our single family and nmitiple family neighborhoods,and current location within the final plat and engineering submittal process gives the . City adequate assurance that we will perform throughout the balance of this project. Due to the shout optimal building season in Minnesota,a special exception seems appropriate for model home atznwtrut . As of this date we have 20 sales in the 64 unit first phase of Villas. These Villa structures are different turn We previous neighborhood and need to be constructed to truly show both current buyers and prospective buyers what their home will be like. We have sold all of the homes within the previous Diffiey Commons neighborhood. By approving this request,the Council would allow up to 10 additional households to be in their new borne by Thanksgiving. 3'he model structure was shown on the preliminary plat plans. Its location has not changed. It has access directly to existing Beaver Dam Road with no fire and life safety conflicts. Water and Sanitary service for this first building exists via stubs at what will be North Ruby Court. This work was completed with the Previous project. Phone 612.571.0504 - lax 612.571-1085 5201 East River Road#301 Fridley,MN 55421 g R■96% 07-01-93 03:45PM P002 #04 JUL-01-1993 16:04 FROM TO 6814612 P.O3 Mr.John Hohanstein Tune 28IMarch 15.1993 Page—2 We believe that staff will have our plans reviewed and that the financial issues solved for a development agreement within the month. We recently received the balance of escrow funds from the first Diffley Commons development,meaning it was built smoothly,with minimal conflicts,and with no need to call upon any of the default provisions built into a development agreement. We have been and seek to continue to be a strong and well respected builder within the Twin tomes,and Eagan specifically. The granting of this request in no way compromises the ability of the City to assure that this new neighborhood will be built well,according to the conditions of the preliminary plat,tlx City Code,and the Building Code. The issuing of a balding permit for the first Villa building means that The Resound Company as a land owner and corporate citizen can proceed to deliver homes to new or existing citizens in a more timely and weather friendly fa . We will be available to answer any questions you may have about this request at your meeting July 6th and we look forward to your motion of approval to direct staff to work with Rottlunxl to issue one building permit prior to the final plat for the purpose of constructing the model hone Villa structure. Respectfully, Donald Jens Land Development Manager encl.: Site plan showing location of tnndel stnictnre frS , ice. R=96% 07-01-93 03:45PM P003 #04 JUL-01-1993 16:05 FROM • TO 6814612 P.04 .1.1.. .ter.. w• -- i I k f (. 1111N (ll '—''• • .1 -Win. ;_ti 1 e Li -II 1 ,,:::. I 4 a • r r.r .a '"T..� . ,. }N • t w i _ W 0 ,...,„•_. ..„ y 1 le . 4 .-.'"1/0 t it ,k A-. ,e,•;`. .,4 ~ 1 ) 4 1 1 1 er....7,,,,,,,,,,topsL,„,41rilt ok-1— / 1 ..1,s.fikr". van. i t r,,; `. l + 1 II e g!Atli.*t•'•- • waits , 1' • i 1 td •t l�iI 8 /:• 1. � .S+-e�f�.-� • �, „•o-i.�` a 4. 4 vie , .„,,,,,,A „.„,„,,,,,, _ \ 1 , r) +�,. ',.Fria O 1. . 'v�►� V7i �` 3. ,. � T t � �� irk 10, `.} 1 x� . 0 , L A7� �� --- is t '',•• VN`AO--.7 •-■:: 1 It r r. VA (' � om.?� t.;�, °, I c ;� ) + - „_ �.I t .: o f I 1 h i wr.,_?I4 F_0 6" e;S Oi L 1.- ; ' "y1*S 4.., i.l14•k■',A 0=:•-111 r•i 1 ..'.i I..N I_P.1IoV'‘.1-,.l.›-.t i 1 .M •1 .:.J W �' • i ► s * ,' rte. I��* aA .M i. / ;� - 1, ,...a.ii..7„,,./.,,-- -...,-.0.•or‘IN --"'” ad �_l w r � � i !t G, . , A • ,- 14.: ii ri,recortlit ,,,,,.:17,0 • fr', / A P.7.; ' ligirp to , 111 1 • at1\ ..!- 1 -0 t ' i 9 . ';" 1 • "•iljlifflil Ile%'-' • C / ...... • .: . fillinj21:.j11011gilik 0411 z., 4 , : ditla 12,- irlia , -'. ., .1---- ` ,i •• '`�I',. 1 ' .emu - � //.+"' •' .....,-;:. , 1" , fir 4771\"11 1 ann sarr i . • • • • R.9694 07-01-93 03:45PM 3#04 t0# 900d ➢QdCt:CO £6-TO-LO %96• 8 S0'd 1d101 AM • L Pi • Q JADE LANE I I \. {i ( Cedar l I Grove I 1tA AaGRiDm I r N {; i r - \ i .. -, 1 i IT' i t[ i_ i•--\ \ ` % i k. NE I § ti / Ok I '''..."...r d'i /4010, " I * \ N/ /IdEll I ' °i g M 1y ,YM .+s � • .- `I ailkk jet 1 /, . // �. 1 P+ ., i 1" /• / 1 t Jib : 4 14 , r lit ` 1 / , ; 1 441) 1 ,' i g I A i 1 4411)fr. 1./6) j .0 , n 1 \ I-4 si cin . I \ I' 1 t /t1 lit CISI. ---- Pk 2 2 \ 1 0.,J.,.....r-i„..__ 1 o . I N /~ • •I `\` r 1. i E I-.J 1 . ■,„ r r 11 sun C►itr Third Addrllcn 0 hp i L SO'd ZT917I89 01 g 4 W0eLd 90:9t £66T-'7- ,^f MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JULY 2, 1993 SUBJECT: MODEL HOME PERMIT The City received a request from the Rottlund Company for a model home permit on Lot 6, Block 1, Diffley Commons 2nd Addition, prior to Final Plat approval. The model home would be a 12-unit Villa-style building. Five model homes were designated on the Preliminary Plat plans. Attached are the Model Home Code Requirements and a locational map of the five models. The one circled defines this current request. If approved, the permit shall be subject to: 1. This home can no longer function as a model once all of the Villa-style units are sold. 2. All of the building permit fees are collected with the initial permit. Subdivision 1F states that model homes may not be constructed prior to Final Plat approval by the Council. It appears that this item will be ready for Final Plat approval at the second meeting in July or the first meeting in August. If you would like additional information, please contact me. City Planner JS/js § 13.20 SEC. 13.20. GENERAL PROVISIONS. Subd. 1. Model Hoses. Model homes or dwelling units, in a number authorized by the Council, may be permitted in any residential subdivision subject to the following conditions: A. The model home area shall be designated on the preliminary plat, reviewed by the Planning Commission, and approved by the Council. Said approval shall include an approved site plan detailing the area so designated and temporary improvements such as public parking areas, non-residential structures and/or similar improvements normally associated with a model home area. B. The model home area shall exist for a time period specified in the development contract or until the project is sold out or rented out, whichever shall be sooner. At the end of said time period, the subdivider shall be required to restore the area to a normal residential character unless a time extension is granted by the Council so that the model home may serve to advertise another area. C. The City may require a bond, in an amount. determined by the Council, to insure restoration of a model home area. D. Signs in a mode]. home area shall be regulated by City Code Section 4.20 and amendments thereto. E. Individual units, built on speculation, with no exterior alterations for model home purposes shall be exempt from these requirements. • F. Model homes may not be constructed prior to final plat approval by the Council. G. Model homes may be constructed prior to the availability of public utilities, but not occupied as residential living units until public utilities are connected to the dwellings. • Source: Ordinance No. 74, 2nd Series • Effective Date: 1-6-89 • ADE LAM Li. 1,—L-1� fir•-' lJ - '� _ ��• .r'� �''��mow• , i�r�` •, / L,} Win...•... Auk �a `o .4NkbAl. •wy Ifit ' % �I � • � .11.11N.'-- ii� 1. . o� jw_ 1041 17 ik 4, • V- 4" . , . % It '" -**/ ' '' , . _ram:00k... 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Minimum - —– --..., )\.. t - - "•• Ic`fi r-1--L1 •I , t -�1 _ . i r SI 1 . i i , i j I -- • • Agenda Information Memo July 6, 1993 City Council Meeting PRELIMINARY PLAT/WUTHERING HEIGHTS,&DDITION B. Preliminary Plat, Wuthering Heights Addition/Mylo Mitzel, Consisting of Three Lots on Approximately one Previously Zoned R-1 (Single Family) acre located along the west side of Wuthering Heights Road, North of Silver Bell Road in the SE 1/4 of Sec 18--At its meeting of June 22, 1993, the Advisory Planning Commission considered an application for a preliminary plat for the Wuthering Heights Addition consisting of three lots on approximately one acre of single family property on the west side of.Wuthering Heights Road as indicated. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages through (jam for your review. Also enclosed on pages MI through /0.2.-is a copy oft the APC minutes relative to this item. Please note that the commission is recommending denial of the application for the reasons noted. Also enclosed on pages 103 through j 04 is a supplemental staff memorandum covering correspondence from a Wuthering Heights resident relative to the proposed plat. The Advisory Parks, Recreation and Natural Resources Commission will consider this item at its meeting of July 12. If approved, this item will be subject to the Commission • recommendation at that meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Wuthering Heights Addition consisting of three lots and approximately one previously zoned R-1 (single family) acre located along the west side of Wuthering Heights Road, south of Silver Bell Road as presented. • SUBJECT: PRELIMINARY PLAT (WUTHERING HEIGHTS ADDITION) APPLICANT: MYLO MITZEL LOCATION: SE 1/4 SECTION 18 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JUNE 22, 1993 DATE OF REPORT: JUNE 10, 1993 COMPILED BY: CO1VIMUNTI'Y DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of three lots on approximately one acre of previously-zoned R-1 (Single Family) land along Wuthering Heights Road. The Comprehensive Land Use Guide Plan designates this site and the entire area between the Chicago Northwestern Railroad and State Highway 13 as Industrial. EXISTING CONDITIONS: The one acre parcel is located north of Silver Bell Road along Wuthering Heights Road, south of the Seneca Waste Water Treatment Plant, and west of the Silver Bell Apartments. The surrounding land uses are Single Family,Multi-Family, and Industrial. The applicant is proposing a division of the property into three lots. The 16,000 sq. ft. lot directly at the corner of Silver Bell Road and Wuthering Heights Road contains an existing single family home. The two proposed lots to the north of the existing home are approximately 12,000 sq. ft. The lots are flat,and grassy with five to ten mature trees on the entire property. It appears that it would be possible to build around the trees. As proposed, all lots will meet R-1 standards of minimum lot size and minimum lot width of 85'. • • 9 7 GRADING/DRAINAGE/EROSION CONTROL: The existing gravel street which is along the east property line of this three-lot subdivision has a gradual slope to the north. The drainage from the front yard area of the proposed lots shall be directed to the street and the drainage from the backyard area is shown to be directed to the north through a swale along the rear lot line. The drainage from the backyard area will cross the existing gravel driveway of the adjacent property to the north. The gravel street currently does not have a public storm sewer system to handle the surface water runoff. Drainage from the lots in this area generally slopes in a northerly direct by overland flow. The future upgrading of Wuthering Heights Road will require the construction of storm sewer to drain the area. A minimal amount of grading is necessary to prepare the lots for house construction. During the construction of the proposed houses,the building will be responsible for grading and restoration of the lots and providing erosion control. WATER QUALITY: This development is located in drainage basin A. Because the development is too small to accommodate on-site ponding and there are no recreational classified water bodies downstream, a cash dedication will be recommended to meet water quality requirements. The cash dedication for this development is estimated at approximately $810. Draining or filling of any wetlands is prohibited. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer and water main service of adequate depth and capacity is readily available to serve the proposed lots. An 8" sanitary sewer line and 6" water main was constructed in Wuthering Heights Road in the early 1980's. A 4" sanitary sewer and 1" water service was provided to the existing house on Lot 3 and the proposed Lot 1. This development will be responsible for constructing a new sanitary sewer and water service for Lot 2. There is an existing hydrant across Wuthering Heights Road from Lot 2 that will provide adequate fire protection for this area. STREETS/ACCESS/CIRCULATION: Access to the proposed lots is currently available from Wuthering Heights Road, a privately maintained street easement that runs along the east edge of the development. Silver Bell Road, a bituminous street with B618 concrete curb and gutter, abuts the south edge of Lot 3. All three driveways for this development shall have access to Wuthering Heights Road. The existing gravel roadway of Wuthering Heights Road does not meet City Code requirements for providing access to newly platted residential property. V RIGHTS-OF-WAY/PERMITS/EASEMENTS: This development shall dedicate all right-of- way and easements necessary for Wuthering Heights Road. A 25'wide half right-of-way is required for Wuthering Heights Road. Also, a 15 foot wide drainage and utility easement shall be provided from the center of the existing 8" sanitary sewer line that runs along the north edge of Lot 1 to the south. There is an existing 30 foot wide drainage and utility easement along the north edge of Lot 1, and City records show that the 15 foot deep 8"sanitary sewer line is 25 foot from the north edge of Lot 1. The existing 8"line shall be field verified to determine the width of the easement. FINANCIAL OBLIGATION - WLTHERING HEIGHTS Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. $.071 S.F. 40,104 S.F. idahU2 This parcel has levied assessments with an unpaid balance of $1,392. This unpaid balance will be allocated to the newly created parcels. • i l CONDITIONS OF PRELIMINARY PLAT FOR WUTHERING HEIGHTS ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, Cl, C2, C3, D1, El, Fl, 01, and H1 2. This development will be responsible for constructing a new sanitary sewer and water service for Lot 2. 3. City Code requires the upgrade of Wuthering Heights Road to current City standards as a condition of final plat approval. 4. A 40' drainage and utility easement shall be dedicated over the north edge of Lot 1 to cover the existing 8" sanitary sewer line and 6" water main that are located along the north property line of proposed Lot 1. 5. A 25' wide half right-of-way is required for Wuthering Heights Road. t . STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the P P rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. • 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications, 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current .City standards prior to final plat approval. • 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards.. 673 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits • 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. _ . G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 • Revised: July 10. 1990 Revised: February 2. 1993 LTS*5 STANDARD CON • Ir: `� JJ« /� V\ ,,_‘.,,, . ,,.e t� ,e/)/ � t +/ LOCATION � �M� `��° o �,yr* et A. r jilv_ 11-71PP-4.„. _hi ..,3 elt, • , I • iiiimiii\ 17 N• ) Lc t^ /.r ..f r • • ZONING , , ' A ,+ R-4 �pA :: sli.L.... pPP° - • • • .y YS +.' afs'c (� fl 3 ,LAND USE . R• t / /S . ... , g . q .c, MP A- • ... I— \ 1\' 1 1 !- _ •• ;— I_ \ \ 1 1 I \ \\ \- /; v// 1\l11 -- '--'' .• . .._ _L -J I .. LQ,' ` \ -- -- �,; - y- - I I1 \ / -�- • X.• - > e—-- 11.47,E '�''t.1 — -.,.4-L1 \!1,,i 1 . 1 \�' ' I \ \ \ ��`\ — // //,+�,, .. ///'i/i/-r• '• ,'- 1 + I.. ICI i . ■ �\ may _-_" / i ,v,--",,.........4...........--.% l \ \ l 1/ 1,/ I , .. \\- ./ j�/. i / . * I ///1\/ % \ / // - / /' //i''/',1/;1,•:,„,"'".•• i,/ii: / , \ 'i 11 `�\\ /- .,/i . /,,,/.;,,,,,i'•/iii . • / \ \ N "j•�. 1 / /./ . .� /� ./. / /i/•//iii i. / /I r�l_.-� �0 1�///// \y./ ,/ .///. •�'�i y:.'/ •/ /f \ . ji i r{111-"is / ,// // , ''',;:./ /'ji /, '/ :4*? ■•''' k 1,' ' - ,0■■••%4;E'l ■' r,'''''.. ......'r .-.�.'y/ .�•ri,.,//ice ;1fS,"'S.,..,:�/ - 0" • 1((! Y'! V i . I -\ 111 \-/ , /., /./,///,./. - , ! [ d �1 _ I 1I ` ) '1 1 di, 7 1 h . I.K..., r i - •1_ „Ste•`\ I 1 ___ \ \ \e. fi„"} /Q,,_ � _� .c 1 ._.1 7\r,-- _ . ,ti - S 1);•'10"'//' O. 1 Ili/II 1.; II ,- 1 , --�-s �c { `1 IL / `•• / r/ '.ii; 11�p /1 / II ...:.-\,,/ Q•,I \\` .1. [/I'i1\�/1 1.A\l I ....[Zq , 1,1 ._ _. _ •?S - ` —e001 �\1. I II . \ \r' ',I I\\\.l_\ 1 //•I■-r r•I\`. .....43-,'. - �1••1 --' u. • �, - -- 7. azC, .11 •r?rr .ar -ti. eta!1w .r1■11110s■ —ft.' 4aa1.• .m.i-rtsaltTr- WUTHERING HEIGHTS ADDITION ' (p • / //• �oe.3o bo ti . • I „A,AO' pf7e/7y FASO. i hl dsf. 01,070 hN.01 � c .) a /ea,,tc ._/ e ; Scale, 1 inch - SO feet V. Owners Patricia beheba ,2 k. I e Purchaser after June 2, 19931 h Mylo Mittel I It. Developers Pyle Mitsi �. N Contact person for Owner/Developers n I �� ,� ~ Melly Misted • \ CeS p v 1 Century 21 South Country Realty I �1 1S70 Century Point �pid,j0 \ . Sagan, MP SS221 �— ' 3 Ted. 454-3410 I :. I Descriptions r7. — _.0:- (1 . That part of Government Lot 7. Section 15, T27. R23 I 'e Datots County. Minnesota described as follows' Commencing at the southwest Corner of Covet Lot.7, AO Section 1S, Township 27. Range 23, thence Seat along the •/ south line of said Gov't Lot 7, 417.S feet to the point O �K»�` of beginning, thence north 417.S feet, thence Bast 104.3 �S �rida o feet, thence South 417.S feet to the South line of said �� 7� �V 1 . Coverneent Lot 7, thanes Vest 104.3 feet to the plasm of t �fy beginning, according to the Government Survey thereof. M Areas Cross area ■ 43,S4S square feet I Lot 1 . 12,000 square feet Qe0/040-?00Lh a Lot 2 - 12.000 square feet ] • Let 3 • 16.104 square feet �� .-30 foisting Zonings R-1 Single family residential _ Q /00.30 Motes, 1. Area is served by city water end sanitary w p, sewer. hh��ere is a service available for % w I M l� ,iJ�LL a i�tirsg house en Lot ). ,/ Les" �o4so �U�� / _ M f r,, rer•' Y" Key"'107 7 - 4/150 -- M >t• 477 /6.77'1/-f&?'Q • • WUTHERING HEIGHTS ADDITION Tim./ • . . FINANCIAL OBLIGATION LEGEND Preliminary Plats w,rnr.RIRG WE1GRTS ADDITIOR Storm Sewer Trunk • // /01.30 _ , Fo ___. ,,,.,•:.„,„,..,-.:: , , :,oer...,:"Rfo:ff::::::•::: • I„:::::•::::::.::::.:::::::).:.:.::::.::::.„ .. .. •...••••••••••••••...............................•.....,.....,.... ....,h 1 _•::':::::::x!44,14:::::-•..•,.ta__•Scale, 1 inch • 50 feet (' h Owner: Patricia Seheba {{ I m 1: e Purchaser after June 2, 1993, l�, �'IMylo Mittel I e'' "'� '= cli Developer: Pyle Y ':'.'. ..::::::* `n Q ...•.• .,.,.•_•• Contact person for Owner/Developer/ ..L,..' Nally Rafstad N. iiG4. PO, Century 21 South Country Realty :1: •: .:::::};::.:::.1'.' r 1570 Century Point ��//; /...,-rr.. i:•.... '.. b! • Eagan; Fat 55I21 I'�. •::,;-::•:..ter..-.-. :� a Tel. 454-3410 Descriptions 4 .':'. (• -I That part of Government Lot 7, Section 18, T27, R23 `a Dakota County, Minnesota described as follows 1 Cow+eneing at the southwest corner of Gov't Lot 7, ED Section 18, Township 27, Range 23, thence last along tM <' .. :: ' '' south line of said Gov't Lot 7, 417.5 feet to the point \w epocttd4:.:.:. V of beginning, thence North 417.5 feet, thence last 104.3 :::•:i:•... • ...'.0 .......Wev 6::•:• . feet: thence South 417.5 feet to the South lira of said lN ?:•:•i}:•.... :, Government Lot 7, thence vest 104.3 feet to the place of •b '•''"'''•?: .. • beginning, according to the Government Survey thereof. )t7 Area: Gross area • 43,545 square feet J Lot 1 . 12,000 square feet 1.':':'w•'"'`: •''/10. ••• Lot 2 • 12,000 square feet " .. Lot 3 ■ 16,104 square feet Sristing toning: P-1 Single family residential ;i:Q::::;: ::;:. I y__ Notes: 1. Area is served by city water and sanitary \ /04.30 w I I sewer. There is • service available for \ +ti■ a ./. L>)jar9 the,:tilting house on lot 3.,.`/ \ / �v lD • /004.10 ON .../../,) rer.,O^ ieu'%in7 7 — 4/750 -- . New services required for Lot 2 — '- 2. Road currently is an easement read mind as • • • gravel service j 3. existing how on Lot 3 ve r• t Prepared Sy, Delmar R. Schwan! Land Surveyors, Inc. '10( 14750 South Robert Trail Posemoaunt, Mw 55061 DELMAR H. SCHWANZ 423-1769 tole mmw.e•a w . *avows war s...•.4 Foot f•wt•..e. Dated 05-15-93 • satosour$Nom?mWAt. RDStwOtPl1.aa,aasora mess •It/arinPSI - \ !; L. ._ „ i, l'--. (. !.' dig, kg. . 1 N �+arasi R. :asm Re.sari / RECEivrn I.i. 7 � � 19,y� .._ �'`, N �;i ,,— .. / 4 NI-. 1 .,4. c0►•.. is..._.____ . a i .i - - % . . EA dee 1 4". • / " ' t , \yv• _ ID, /a. ,,,/,' C . 0° 83 70.4/ Z _ • 4:- NIP 64 . ;\ .+ r6' ..a` ice" m ' f • -\ Ba �N _£ a. ., _ � . . 69070.0/ �t 6( e�7 - Yi ; 0' a. 6565.0 • A r t94 / z - ,1 . 33.4/74.0 1 - 2h0 ED • C i.� L_ 6 / �-�`, e 7g,., Apr 71., 71.0 .t IVf.T 0 E t. n ,a 1 e''''' 13 ?1ST�E•- L �83N-•..p� CE�� pSQL,' fa, LA T —•�E . \k .V.D0 63.. 9 5 0 J ,•z -?- J� 63.0 R ear. j i...:, .-4 e, • \ „ 1 'WILL.•� c .t • SITE • • . FIG. NO. 8 . . WATER DISTRIBUTION SYSTEM . CITY OF • . EAGA %\ i N ,. .... I ' . .4 ...),.. , .. ., { .. .. , . . . . . ... ° j v. a. �, _ , ..-----_.--- • ' '- 41/4-7 4, - / / t .. -4,`0 7 '/ INDUS d` $8 -r 6 ' A- l : SILV ER ' \ ,'-'---:. 5 ' ••., Ie.,y, `o.,tp M t t1O .1 A• 9 i/ ' A- • k8 ' LLAS D - .b* a� . i �o �q L: ST •ti - _. , -� ii1te.Ili* SILL...\ ‘.____________: „..4...,.A GC,....„,„„ SITE • . . , FIGURE No. - 17 STORM SEWER LAYOUT . , MAP - . . , CITY OF . E AGA • 1 .1:::,„, 1 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 WIITHERING HEIGHTS ADDITION - MELO XITZEL Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of three lots on approximately one previously zoned R-1 (Single Family) acre located along the west side of Wuthering Heights Road north of Silver Bell Road in the SE 1/4 of Section 18. City Planner Sturm stated that the applicant was proposing three single family lots on approximately one acre. The Comprehensive Guide Plan designates this site as Industrial. He stated that other developments have been recently platted along Wuthering Heights Road. All three lots meet single family code requirements. Wally Hofstad, a representative of the applicant, mentioned that the site is currently zoned Single Family. He stated he was available to answer any questions. Mike Hazel, 2129 Silver Bell Road, stated that he lives next to the proposed site. He mentioned that he has no problem with this site being divided into two lots, however, he does not agree with this site being divided into three lots. He commented that the new lots will not conform with the existing lot sizes. Philip Johnson, 2113 Wuthering Heights Road, concurred with Mr. Hazel. He felt that the lot sizes would be uncharacteristic of the neighborhood as all the other lots would be bigger than those proposed. Mr. Johnson was also concerned with the negative impact this would have on property values in the area. He forwarded a letter to the Commission from Betty Bassett, another neighbor, who could not attend the meeting but who was also opposed to this application. Al Arends, 2133 Silver Bell Road, stated that all the lots in this area are 1/2 acre lots or more. He could support the land being divided into two lots, but not three lots. Robert Bengtson, 2127 Silver Bell Road, also felt two lots would be more appropriate than three lots. Member Merkley questioned why this area continues to be subdivided into single family lots when the Comprehensive Guide Plan designates this area as Industrial. He felt that a Comprehensive . Guide Plan change needed to be made first before he could support this application. 'Member Merkley mentioned that if this application is approved, however, standard condition 'C3 needs to be removed. • 0 1 • Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 Member Isberg agreed with Member Merkley. Member Hoeft mentioned that if Wuthering Heights Road is upgraded, these proposed lots would be noticeably smaller than the existing lots. Member Gorman agreed with Member Merkley in that the Comprehensive Guide Plan needed to be amended before he could support this application. Member Wallace also concurred with Member Merkley. Member Heyl stated that it was obvious that the proposed lots would be substantially smaller than the surrounding lots. She felt this application was not consistent with the existing area and because of this could not approve this application. Isberg moved, Wallace seconded, the motion to deny a Preliminary Plat consisting of three lots on approximately one previously zoned R-1 (Single Family) acre located along the west side of. Wuthering Heights Road north of Silver Bell Road in the SE 1/4 of Section 18 , for the following reasons: 1 . This application does not conform with the Comprehensive Guide Plan. 2 . The proposed lots are substantially smaller than the existing, surrounding lots. (The surrounding lots are all 1/2 acre or more in size. ) All present voted in favor. Member Hoeft stated that he has recently noticed that many of the lots in the City are not consistent in regard to the Comprehensive Guide Plan and zoning. He requested that the City Council review this issue. A 0 �n x -A : ��o,y MEMO _. _city eagan of 9 TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JUNE 29, 1993 SUBJECT: WUTHERING HEIGHTS ADDITION At the June 22 Advisory Planning Commission meeting, the Wuthering Heights Addition consisting of three single family lots along the west side of Wuthering Heights Road was denied unanimously. Currently,there is one home on the previously-zoned single family acre. There were several residents in attendance;.all opposing subdividing this parcel into three lots; however, it appeared that two lots would be acceptable to them. If the plat is - approved, standard condition #3 should be eliminated. A letter from Betty Bassett was submitted to the Commission expressing her opposition to this plat (attached). If you would like additional information, please contact me. II City Planner JS/js • June 22 , 1993 To Eagan Planning Commission, From Betty Bassett 2101 Wuthering Hgts . Rd . I an unable to be at the hearing tonight , but I do question what has been proposed . I understand a developer wants to develop the le'heba property into three lots and houses . It wasn't toe long ago that i understood Pat could not add on to her house because the land was too narrow. Kennealy ' s land has his house on the front and two lots behind , but it is twice as wide as Beheba ' s land . The land to the West of this land is the same length and has two houses , and the land next to that is the same length and has two houses . Almost all the houses have large , beautiful yards ; which adds value to the whole area. Three lots would destroy the appearance and the value of the neighborhood .. I hope you will vote a_a_nst 4h:'tie lots . T t Agenda Information Memo July 6, 1993 City Council Meeting rL& NED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/PARK CENTER 4TH ADDITION C. Planned Development Amendment Changing the Land Use on Outlot B, Park Center 4th Addition from a Bank to a Video Store and a Preliminary Plant Consisting of Two Lots on Approximately 1.8 Acres Located Along the North Side of Cliff Road, East of Park Center Drive in the SE 1/4 of Sec 30--At its meeting of June 22, 1993, the Advisory Planning Commission considered separate applications for a planned development amendment and preliminary plat for the Park Center 4th Addition to allow construction of a Blockbuster Video Store at the above referenced location. As a part of the Park Center Planned Development, it is anticipated that the building will conform with the finish materials defined in the first phase of the project, namely, the Taco Bell location at Cliff and Cliff Lake Center Drive. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages 04 through //7 for your review. Also enclosed on pages through PJ-are the Advisory Planning Commission minutes relative to this item. Please note that the APC is recommending approval of both applications subject to the conditions outlined in the minutes. Also enclosed on pages/0)3 through ',D'7 is a supplemental staff memorandum covering the draft planned development agreement incorporating the modifications and conditions listed in the APC action. The Advisory Parks, Recreation and Natural Resources Commission will consider this item • at its meeting of July 12. If approved, this item will be subject to the commission recommendation at that meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a planned development amendment changing the land use on Outlot B,Park Center 4th Addition from a bank to a video store and 2) a preliminary plat consisting of"two lots on approximately 1.8 acres located along the north side of Cliff Road, east of Park Center Drive as presented. • SUBJECT: PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY PLAT, & VARIANCE (PARK CENTER 4TH ADDITION) APPLICANT: PORTFOLIO DESIGN SERVICES LOCATION: SE QUARTER SECTION 30 EXISTING ZONING: PLANNED DEVELOPMENT (PD) DATE OF PUBLIC HEARING: JUNE 22, 1993 DATE OF REPORT: JUNE 11, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Planned Development Amendment to allow a video store on Outlot B of the Park Center Addition designated for a bank . use, a Preliminary Plat consisting of two lots on approximately 1.8 acres located along the north side of Cliff Road, south of the senior housing site, and a Variance of 3.5' to the required 20' parking setback. BACKGROUND: The Park Center Planned Development Agreement entered into in August 1989 designated specific uses for Outlots A through E as follows: Outlot A - Multi- Family; Outlot B - bank; Outlot C - free-standing retail; Outlot D - retail strip center; and Outlot E - Class I (sit-down traditional) restaurant. The Park Center Addition Final Plat was approved by the City Council in September 1990. In April 1991, Outlot A, Park Center Addition, was final platted as Lot 1, Block 1, Park Center 2nd Addition, the senior housing site. At that time, the senior housing site was excluded from the Park Center Planned Development. In December 1992, the City Council approved a Planned Development Amendment to allow a Class II (fast food) Taco Bell restaurant on Outlot E provided a 4,500 sq. ft. Class I restaurant is developed as part of the 86,000 sq. ft. Outlot D retail strip center and all pylon signs are constructed with the same style dual brick column. SITE PLAN: The applicant is requesting an amendment to the Planned Development to allow a 7,000 sq. ft. Blockbuster Video rental store on proposed Lot 1. The site plan also illustrates a conceptual layout for a 1,920 sq. ft. retail use with a drive-thru for proposed Lot 2. The video store building elevation plans call for a brick and stucco building exterior which is not consistent with the brown tone color all-brick Taco Bell restaurant within the same Planned Development. The elevation plan sheet shall be revised to incorporate brown tone color all-brick exterior for all sides of the proposed building. Since the retail use on Lot 2 is conceptual, elevations have not been provided; however, this future building will be required to have a brown tone color all-brick exterior as well. LPL . • Both lots have individual access to Park Center Drive, as well as one shared access to Park Center Drive on the north side of the plat. Lot 1 provides 38 parking stalls on-site which is one more than required by City Code. The.northwestern portion of this parking area encroaches 3-1/2'into the 20'parking setback area due to the curvilinear Park Center Road. The applicant is requesting a Variance to allow this encroachment. The conceptual layout for Lot 2 also provides 38 parking stalls on-site although City Code requires only ten stalls based on a 1,920 sq. ft. retail use. The site plan for Lot 2 does not provide shared parking with Lot 1. This will be required when Lot 2 develops. All building setback requirements are met on both lots. The applicant has stated the video store trash/recycling containers will be stored within the building. All rooftop mechanical equipment shall be screened from view at ground level. SIGNAGE: Blockbuster Video is proposing a pylon sign consistent with the Planned Development Agreement requirements on the southwest corner of the site as well as building signage on the south and west facade that meets the City Sign Code requirements. When Lot 2 develops, signage will be required to be consistent with the Planned Development Agreement and City Sign Code requirements. LANDSCAPING: The landscape plan shall provide more overstory, understory, and coniferous trees to provide year-round color. Landscaped berming shall be provided along public streets and underground irrigation will be required for all landscaped and green areas. GRADING/DRAINAGE/EROSION CONTROL: The existing terrain of the site is fairly flat with no trees. Since the site was previously graded in the late 1980's, a minimal amount of grading will be needed to prepare this site for development. The preliminary grading plan shows construction of a berm along the southerly property line to provide a buffer to Cliff Road. The maximum cuts on this site are 2 feet and the maximum fills are 5 feet. City staff recommends that the drainage of the proposed parking lot slope to the concrete curb and gutter and then to the proposed storm sewer which eliminates bituminous swales in the proposed parking lots and drive aisles. The stormwater runoff from Lot 1 will drain to the west to an existing storm sewer system in Park Center Drive that drains into Pond AP-50. The stormwater runoff from Lot 2 will drain easterly to an existing storm sewer system in Park Center Drive that drains to Pond AP-25. Pond AP-50 and Pond AP-25 are ponds in the City's Comprehensive Stormwater Management Plan and both ponds have outlets. The preliminary grading plan submitted for Lot 1 shows a curb flume to drain the stormwater runoff from the parking lot. The final grading and utility plan shall include a catch basin and storm sewer line to drain the parking lot to the existing storm sewer system in Park Center Drive rather than a curb flume. This development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: The water quality treatment requirements for this development have already been met through the construction of Ponds AP-50 and AP-25. There are no wetlands protection issues associated with the site. UTILITIES: Sanitary sewer service of sufficient depth and capacity has been provided to both lots from the sanitary sewer lines in Park Center Drive. A 6" sanitary sewer service stub has been provided to each lot. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stubs. Watermain of sufficient pressure and capacity is readily available to serve this development from the existing 8" watermain in Park Center Drive. 6" watermain stubs have been provided to each lot from Park Center Drive. The existing hydrants along Park Center Drive will provide adequate fire protection to the development. STREETS/ACCESS/CIRCULATION: Street.access for the proposed development will be provided from Park Center Drive which is a publicly maintained street constructed in 1990 by the City for the Park Center development. The preliminary site plan shows the parking lot layout connecting to existing concrete aprons that were provided with the Park Center Drive project. The west leg of Park Center Drive connects to Cliff Road where a full access has been provided with median openings. The east access of Park Center Drive connects to Cliff Road as a right-in/right-out only access. • RIGHT-OF-WAY/EASEMENTS/PERMITS: The Park Center 1st Addition dedicated sufficient right-of-way for the construction of Park Center Drive. The final plat shall dedicate the south 15 feet as right-of-way as required by Dakota County. Also, restricted access shall be dedicated along the south property line as it abuts Cliff Road. The developer will be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Department of Health, Dakota County, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - PARK CENTER 4T1I ADDITION Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability Charge C/I S2,550/Ac. . 1.86 Ac. S4,743 Storm Sewer Trunk • C/I .036/S.F. 81,090 S.F. 2.919, . 12 The parcels proposed for platting into Park Center 4th have unpaid levied assessments totalling 538,754. There are pending assessments totalling 523,223 on the same parcels. These assessments will be allocated to the newly created parcels at time of final plat. CONDITIONS OF PLANNED DEVELOPMENT AMENDMENT FOR PARK CENTER 4TH ADDITION: 1. An amended Planned Development Agreement shall be entered into prior to Final Plat. 2. All pylon signs shall be constructed with the same style - two 20" x 20" brick columns. 3. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 4. No rooftop mechanical equipment shall be visible from the public streets. 5. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 6. Berming shall be provided along the public streets. CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR PARK CENTER 4TH ADDITION 1. These standard conditions of plat approval. as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B3, Cl, C2, C4, El, Fl, G1, and H1 2. All signage shall meet Planned Development and Sign Code requirements and be subject to the one-time sign fee of $2.50/sq. ft. 3. The buildings shall be constructed of brown tone colored brick. 4. All rooftop mechanical equipment shall be screened from ground level. 5. Underground irrigation is required for all landscaped and green areas. 6. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stubs. 7. The final grading and utility plan shall include a catch basin and storm sewer line to drain the parking lot to the existing storm sewer system rather than a curb flume. 8. The Final Plat shall dedicate the south 15-feet as right-of-way as required by the County. 9. Restricted access shall be dedicated along the south property line that abuts Cliff Road as required by the County. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined. in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate.10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage,ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. . 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. l ` � 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council.action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 • Revised: February 2. 1993 LTS#5 STANDARD.CON �� I _.____ . , - 1 •, . , i 11 .. —, . .ci _ , — .:-:.".. ' - _ \.) \ [ : ' I i 1 1 i ' J),l , . (YR Z ], ' t:j7. i 'i i, . , Ir m 1 ,, .. , i 7 1 .. V 1 C n '" -71 ! �i i-- ..__.._ -- . __/ i o i \ = 31 p i f 1_/ r c ';, z 5 I \\ o i I; � ,1 j L I a r n r21 frl m :j p _ le li I 1E-11t) . r ' I . I • , Ci,_ _ (.CLIFF ROAD) \ \ , .. 2 , .;•/:!'" \'--- ...■,-•0 0__ --,c,•--,.._-1_,......._------3.. ..,...„,7i :■ \ -----4.. ------>i.....!..2.) ir'(._.r--,--t1-7.-------.....,,,.,:\ ) - '`■ `-'1-;-4'--7-----.■,, ---■,, 444s 1 v' 1.-'44.-' ".1...2. -.... *ft■ ' Irp.t1:2'71 4=3":::'. ......‘• ..7.....7',..1,..., ....'"."--•......_ "..;\„:**"..",......)I ,, ., 4 I —.- .""• N 7.".`---,. 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I ; f 74• 11i; P x= :::� L;41 I ( I •SF .. i t; is Iti 2 •. ? ! i 1 1 I ' 1 I i fl j,. i Ij, s=ol.!.•tm..••.- C 0 • r i ° t • Ii • . i NI F ■ Y 11 • i . i . i = ; t,____-) T - . . !# L... .t s ItI fi, TIf % _ • 3' 1 i X \ Page 19/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 PARR CENTER 4TH ADDITION - PORTFOLIO DESIGN SERVICES Chairman Voracek opened the next public hearing of the evening regarding a Planned Development Amendment changing the land use on Outlot B, Park Center Addition, from a bank to a video store and a Preliminary Plat consisting of two lots on approximately 1.8 acres located along the north side of Cliff Road east of Park Center Drive in the SE 1/4 of Section 30. City Planner Sturm stated that the applicant was proposing amending the Planned Development Agreement to allow a video store where a bank was anticipated to be built. He mentioned that a Taco Bell has already been constructed in this Planned Development. He stated that the applicant is proposing constructing a 7 , 000 sq. ft. Blockbuster Video. City Planner Sturm stated that City staff is recommending that more landscaping be required. It was requested that condition #3 of the preliminary plat conditions be moved so that it is condition #7 of the planned development amendment conditions. Further, condition #8 should be added to the planned development amendment conditions which requires cross parking ingress/egress easements be required between Lots 1 and 2 . Peter Hilger, a representative of Blockbuster Video, stated that the main issue with this application is the exterior material of the building. He stated that the City is requiring the building to be all brick and the applicant would like some of the exterior to be stucco so that the Blockbuster Video design and logo could more easily be seen. He mentioned that a variance is being requested because of the extreme curvature of the road. He also mentioned that standard condition G1 should be omitted. Member Merkley questioned if the Planned Development Agreement requires all brick on the exterior. City Planner Sturm stated that it does, however, the Commission could recommend anything that they thought was appropriate. He mentioned that Taco Bell was constructed of an all brick exterior. City Planner Sturm suggested an option. which would require light brick to be used in place of the stucco so that Blockbuster Video's corporate image could still be maintained. Mr. Hilger stated that he was agreeable to that. Chairman Voracek stated that he would like to see all brick on the exterior and not stucco. Page 20/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 Member Hoeft stated that this is the second Planned Development Amendment for this planned development and questioned where City staff draws the line for amendments. City Planner Sturm replied that City staff can not deny an application request and that it is the decision of the Planning Commission and the City Council to decide where to draw the line. Chairman Voracek stated that this was a good opportunity to develop this piece of land and he could approve it. Member Hoeft stated that the video store would have roughly the same traffic flow as a bank and he could support this application. He felt that brick should be required on the exterior of the building. Mr. Hilger requested that condition #3 be amended to limit the color of the brick to two tones of brown. Heyl moved, Hoeft seconded, the motion to approve a Planned Development Amendment changing the land use on Outlot B, Park Center Addition, from a bank to a video store ..loca-ted _along the, north side of Cliff Road east of Park Center Drive in the SE 1/4 of Section 30, subject to the following conditions: 1. An amended Planned Development Agreement shall be entered into prior to Final Plat. 2 . All pylon signs shall be constructed with the same style two 20" X 20" brick columns. 3 . Each lot shall be reviewed .in detail by the APC and City Council before building permits are issued. 4 . No rooftop mechanical equipment shall be visible from the public streets. 5. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 6. Berming shall be provided along the public streets. 7. The buildings shall be constructed .of brown tone colored brick and limited to no more than two tones of brown. • Page 21/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 • 8. Cross parking ingress/egress easements shall be. required between Lots 1 and 2 and shall be reviewed by the City Attorney. All present voted in favor. Heyl moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of two lots on approximately 1. 8 acres located along the north side of Cliff Road east of Park Center Drive in the SE 1/4 of Section 30, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2 , 1993 shall be complied with: Al, B1 , B3 , Cl, C2, C4 , El, Fl, and H1 2 . All signage shall meet Planned Development and Sign Code requirements and be subject to the one-time sign fee of $2 . 50/sq. ft. 3 . All rooftop mechanical equipment._shall be screened from ground level . 4 . Underground irrigation is required for all landscaped and green areas. 5. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stubs. 6. The final grading and utility plan shall include a catch basin and storm sewer line to drain the parking lot to the. existing storm sewer system rather than a curb flume. 7 . The Final Plat shall dedicate the south 15 feet as right-of-way as required by the County. 8 . Restricted access shall be dedicated along the south property line that abuts Cliff Road as required by the County. All present voted in favor. MEMO kk city of eagan TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JUNE 29, 1993 SUBJECT: PARK CENTER 4TH ADDITION At the June 22 Advisory Planning Commission meeting, the Park Center Planned Development Amendment changing the land use from a bank to a 7,000 sq. ft. Blockbuster Video and the Preliminary Plat were approved unanimously. There was no public comment on this item. A condition of the Planned Development will require that the second lot site plan and architectural design of the building will be reviewed by the APC and approved by the City Council. Another application for a 3-1/2' variance to the 20' parking setback was not acted on by the Commission, however,the Council will have to act on that item separately from the Planned Development Amendment and Preliminary Plat. The Commission discussion focused primarily on the building exterior finish, and Condition #3 of the Preliminary Plat was amended and added as Condition #7 of the Planned Development as follows: 7. The buildings shall be constructed of brown tone colored brick and limited to no more than two tones of brown. • Condition #8 of the Planned Development was added: 8. Cross-parking ingress/egress easements shall be required between Lots 1 and 2 and shall be reviewed by the City Attorney. Standard Condition G1 of the Preliminary Plat regarding water quality dedication was eliminated. Attached is a copy of the draft Planned Development Agreement. If you would like additional information, please advise. 17r114441.- City Planner Attachment JS/js t' AMENDMENT PLANNED DEVELOPMENT AGREEMENT PARK CENTER THIS AMENDMENT, made this day of 19 , by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") , and A. PETER HILGER, an individual, (hereinafter referred to as the "Applicant") . WHEREAS, the City Council of the City of Eagan is the official governing body of .the City of Eagan; and WHEREAS, the City and Federal Land Company, original Owner and Developer, entered into a Planned Development Agreement for Park Center Addition (hereinafter the "Agreement") on the 15th day of August, 1989; and WHEREAS, the Agreement runs with the land until terminated and is binding upon the successor and assigns of the original owner and developer; and WHEREAS, the Eagan City Code provides for amendments to said Agreement upon application by Federal Land Company or its successors and assigns and approval of the City pursuant to Eagan City Code; and WHEREAS, Federal Land Company was at the time of the execution of the Agreement the owner of approximately 12.73 acres of land located at the northwest corner of Cliff Road and Cliff Lake Road in the City of Eagan, State of Minnesota, as shown on Exhibit A attached hereto, which property has been platted as Outlots B, C, D and E, Park Center; �4 l WHEREAS, Outlots D and E, Park Center (which Outlots are set forth as Site 2 and Site 1 respectively on Exhibit B of the original Planned Development Agreement) have been transferred and conveyed to Martin Colon who is now the owner of said Outlots D and E, Park Center; WHEREAS, the Applicant has applied for an amendment to Exhibit C (Uses) of the original Planned Development Agreement to allow a retail video store on Site 4, as shown in Exhibit B attached hereto; and WHEREAS, the Advisory Planning Commission of the City of Eagan did hold a public hearing on June 22, 1993 and did recommend approval of an amendment to the Agreement on that date; and WHEREAS, the City Council of the City of Eagan did review the amendment to the Agreement on , 1993, and did concur with the recommendation of the Advisory Planning Commission to approve an amendment to the Agreement; NOW THEREFORE, it is hereby agreed to and between the parties hereto as follows: 1. The Planned Development Agreement for Park Center shall be amended to revise Exhibit C of the original agreement, to allow a Class II restaurant, as outlined in Exhibit B attached hereto. 2. The PD Agreement for Park Center shall be amended to include specific conditions, as outlined in Exhibit C attached hereto. All other requirements of the original Agreement shall remain in full force and effect as fully set forth in the Agreement. 3. This Amendment shall run with the land until terminated and shall be binding upon the successors and assigns of the Applicant.. 4. This Agreement shall become part of the Agreement, fully binding upon the parties, as if fully set forth in the agreement. t <;L_ IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF EAGAN A Minnesota municipal corporation BY: Thomas Egan Its Mayor (Seal) BY: E. J. VanOverbeke Its Clerk BY: Vernon Colon BY: Virginia Colon APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jon Hohenstein Eagan City Attorney Acting Community Dev. Director l v ' STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 1993, before me a Notary Public within and for said County, personally appeared THOMAS EGAN and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) On this day of ,, 1993, • before me appeared a Notary Public within and for said County, appeared Vernon Colon and Virginia Colon, husband and wife, and acknowledged said instrument to be their free act and deed. Notary Public • Ri Agenda Information Memo July 6, 1993 City Council Meeting • PRELIMINARY PLAT/PRETTYMAN HEIGHTS 2ND ADDITION D. Preliminary Plat, Prettyman Heights 2nd Addition/Skyline Heights Partnership, Consisting of Two Lots on Approximately .70 Previously Zoned R-1 (Single Family) Acres Located Along the South and East Side of Skyline Drive in the SE 1/4 of Sec 4--At its meeting of June 22, 1993, the Advisory Planning Commission considered an application for preliminary plat for Prettyman Heights 2nd Addition/Skyline Heights Partnership at the location noted above. For additional information with respect to this item, please refer to the Community Development Department staff report w ich is enclosed on pages through for your review. Also enclosed on pages through 14( are the Advisory Planningmmission minutes relative to this item. Please note that the APC is recommending approval, subject to the conditions listed. In addition, the Advisory Parks, Recreation and Natural Resources Commission will consider this item at its meeting of July 12. If approved, this item will be subject to the Commission recommendation at that meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Prettyman Heights 2nd Addition/Skyline Heights Partnership consisting of two lots on approximately .70 previously zoned R-1 (single family) acres located south and east of Skyline Drive as presented. SUBJECT: PRELIMINARY PLAT (PRE1'I'YMAN HEIGHTS 2ND ADDITION) APPLICANT: SKYLINE HEIGHTS PARTNERSHIP LOCATION: SE QUARTER SECTION 4 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JUNE 22, 1993 DATE OF REPORT: JUNE 11, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of two lots on approximately.7 acres of R-1 zoned property in the Prettyman Heights subdivision located east of Trunk Highway 13, south of Skyline Drive, and north of Lone Oak Road. COMMENTS: Prettyman Heights was approved in 1989 and this proposed plat reorients the common lot line of Lots 1 and 2, Block 2, of the original plat. The proposed Lot 1 contains an existing home. The applicant believes this change to Lots 1 and 2 will result in the increased salability of Lot 2 due to the increase in lot width. As proposed, both lots will exceed R-1 standards of the 12,000 sq. ft. minimum lot size and minimum lot width of 85'. PARKS & RECREATION: The Parks & Recreation staff will be recommending a trail dedication for Lot 2 to the Advisory,Parks,Recreation, and Natural Resources Commission at its July 1993 meeting. • • • GRADING/DRAINAGE/EROSION CONTROL: The grading of this development was completed in the summer of 1992 under a grading permit for Prettyman Heights. The new lot layout will require little or no additional grading. The existing pine trees along the south plat line of this development will not be affected by this development. The development plan shows the northerly portion of Parcels A & B draining to the north into Skyline Trail. The remaining area drains south and easterly into Skyline Trail. There is adequate storm sewer in Skyline Trail which was constructed as a part of the Prettyman Heights development. This development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual. Erosion control will be needed along the west property line of Parcel A to prevent sediments from eroding onto Parcel B. WATER QUALITY: Staff will recommend that this development will be subject to a cash water quality dedication. The amount of the dedication will be based on the area of the undeveloped lot only (Lot 2) and is estimated at $215. There are no wetlands on the site. These recommendations are subject to approval of the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size, capacity and depth and watermain of sufficient size, capacity and pressure already exists within Skyline Trail. Three sewer and water services were constructed for the 2 lots when Skyline Trail was constructed. The existing house on Parcel B is currently hooked up to one sewer and water service. The other sewer and water service stubbed to Parcel B will not be needed and the 4" PVC service shall be capped at the 8" main line and the 1" water service shall be turned off at the 6" main. The third sewer and water service that was provided will be the service to the proposed house on Parcel A. STREETS/ACCESS/CIRCULATION: Both proposed lots abut Skyline Trail,which is a 30' wide (back of curb to back of curb) City street with mountable concrete curb and gutter. Skyline Trail has full access to Skyline Drive. EASEMENTS/RIGHT-OF-WAY/PERMITS: The existing 50'wide right-of-way is adequate for the 30' existing street. The easements along the existing property line between Lots 1 and 2, Block 2, Prettyman Heights will need to be vacated along with final plat approval. The developer will be responsible for providing drainage and utility easements along the proposed property line between Parcels A & B. This development will be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Dept. of Health, etc.) are acquired prior to final plat approval. I '-b1 FINANCIAL OBLIGATION - Prettyman Heights 2nd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None The levied assessments totaling $3,249 will be allocated to the succeeding parcels created by the subdivision. • \ 3t. CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR PRETCYMAN HEIGHTS 2ND ADDITION: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, Cl, C2, El, Fl, 01, and Hi 2. The existing sanitary sewer and water service that will not be utilized shall be abandoned at the main by capping the sanitary sewer service and turning the water service off. • • L3 � STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City, standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape .plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action.prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding: or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. 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N83.33'06'W /ti & ,./.- N A B L 0 Citi I I1 2 ( 1 �t p t u 144 • P —_J „� o �3.30�° I iw .k 1--1 Ii �' I F /2 I IQ ,A,�>.) ii I LE.,p sow -----ssr3rn E I q J ,--1? r • l m,� 0 \� —1Rf9�f7 J tc W Ike PT rn 4 Li ii,i) 81 / I 1 . 25 25 t I 79.83 io.00 gO,QQ F— ——i - --f 589.35'56"W 409.83 (410 TREFFLE ACRES/ q.6t L—NORTH LINE OF THE SOUTH HALF OF THE Io.Oc SO1'TH HAI F OF THE St)UTHEAST QUARTER I D OF SECTION 4. 1 - r • N . ORIGINAL PLAT 13Lo • A COt12ULT1110 tHOlplen2. 3xYU.le A,C�.Ir5 PM•+'•~SA•P r A01'E PLIINIIEns sod LIMO sunvEYODS CL3ENt Mt. pug. 7..stvws ,.. (E14GI11EEAING wwxCi[+D• 'i/i7L.o1 CorwANY, INC. SP.no 51-s} I 1000 CAST 146m strati, BVnNSVILLE,uINNESOTA 55357 PH 4152'5000 v CERTIFICATE OF SURVEY • PROPERTY DESCRIPTION PARCEL A 1 Those parts of Lot 1 anti of.Lot.2, Block 2, PRETTYMAN HEIGHTS, Dakota County. Minnesota, accoroing to the recorded plat thereof, lying easterly of aline drawn from a :pint on the north line of said Lot 1, distant 85.47 feet westerly of the northeast corner of saic Lot 1, to a point on the south line of said Lot 2, distant 1:k7711. 4"' 86.96 feet westerly of the Southeast corner of said Lot 2. s •,.F _ so' Containing 13,'65 so. ft. sa&Lwss SNew•+ AAA 45:,:+L^ • . PARCEL 8 "`.cse :arts of Lot : and of Lot 2, Block 2, PRE:IYMAN HEIGHTS, Dakota County, winr.esota, accoroing to the recorded plat thereof, lying westerly of a line orawn from a oo111t on the north line of said Lot 1, distant 85.47 feet westerly of the northeast corner of said Lot I, to a point on the south line of said Lot 2, distant 86.86 feet westerly of the southeast corner of said Let 2. Containing :6,566 so. ft. • • LOT11 I LOT 10 LOT 12 I \. \ I I Y T 91 rap 1 R A 1 4 -.� / `-0� asp L.o 30 00, ��SP••i.-`„ IL i II ' P ,p .' ..-.,7'...1 /04/,!la 1?',_ I e 7" / 1A.,- / - 1 -� 4•235 90 / `mow tie s / �,� `� -•1S 47 1.�� / // Z, I/3,.�` w., o,1.p` A•�/a ... ? I LOT 13 I / • I / �,' „ � '`......IF Ia sp ' t PARCEL A I x*+a,ti u.c • m� i Z :e .'"'w1` '+..• 4, _ 13.151 SF. / ,, . _ ---- _ • LOT 3 ,k, I e- ' PARCEL B - - - /a.t7 -- ,'I LOT 14 y • i '16.Ns sF. - 67•51 ,rE _ 1 I EASEMENT TO SE VACATED I ; fuse/�16 15•50 8 / • �L J_ _—_ c"co _ Vt.'', 71.91 . '/.30Q tit i6_a 4 ' AREAS 1 aye N Sr 76.56•E EXISTING LOT 1 11.077 S.F. EXAMS LOT T 12.714 SF. PROPOSED PARCEL A - 13.161 S.F. PROPOSED PARCEL S i 15.661 S.F. ,N • I I HERESY CERTIFY TNAT TITS IS A TRUE AM CORRECT REPRESENTATION OF A TRACT OF LAND AS SHOWN ANU DESCRIBED HEREON.AS PREPARED BY ME ISIS Z /UAY OF "...WAXY , .e,WI I,•�. •iu.., ��` Iif5"44 . McSN.REG NO /ILe�gS • •t COfISUlTit10 ENO2...._ S. GLENI -7-ROBE PL(ItUlElti and LRt1D SUQVEYORS ma. _ sulstL....t ENGINEERING PtpJECTNo. s47‘.el I. IZ COMPANY INC. 9K.1.14 PC Si-53 . L 1000 CAST 146m STREET. OunUSVILLE,WIMESOTA 55357 P11 432-3000 DEVELOPMENT PLAN I ,.... INDICATES DIRECTION OF SURFACE DRAINAGE e:.,-.1-.1.- = FINISHED GARAGE FLOOR ELEVATION 6E.?,. = BASEMENT FLOOTn ELEVATION Ex.'...^ = 1 OP OF FOUNDATION ELEVAI IOU s'- 1"• Sa' f36.1...r..n s.b....+ n.l! bs44,c;, \ L Zrt- : : . \1 • . ST MN. 7tT2 8(.1.:.^, \ E41.91 I � �'"/LQrC— --s J.JiSir9' T. ,`1...—...s........... . \SS ..e\` I '). / E Z/ i 2r, StS.7' ,�tt sv{v / ./ r. . 1 —2-- •r,M w.ti y7• 71-7 - A — r -- . Tar.w.r aw. !. / 1 / Y1 s1w� I ., '. - &7;3 M s' Fa.•.,• 13.o0 el.; �7 551.74 / a ..... 1 1..J.dSZ.yo r., ' '�` /� ICE,N O __b!{ / i -1 --``Y 1 u 1.LT i ''r �T 1 ;•+ I s^m ` y PARCEL 87/- PARCEL A /? ,. I �E /�\ raw"s•ED I ,; I �� n I J .7/ f .1 I 1 �t'n L �0j 1 T1VAra+t. f....c J.?, • I I • l 1 1 l 1 IIEI1EFIY CERTIFY THAT THIS IS A TRUE AND CORRECT REPPESENIATION OF A TRACT OF LAND AS SI - - DESCRIBED HEREON.AS PREPARED BY 1E TIES 28.110AY OF _9•��`/ • 1 :eIout It' nruu at 6.1.41 ima.RECrNO. /(�"S 11(vi5�0.+5 v • ,l,/,J_�o - f P� � � �E�tDQTA 0i.8 _ 3.. S' `- 60' X42 1 — 4. —& i/ / r.... ...9 /• M't. • L , E-it "�60' LOST SPUR E//.0 B56.Art, C s COUNTRY FILE F RK i 4t • ,, , rt-c CLUB ! - -.��I ;-d CEttTE r ti �- +tr'c7ST ND 3 � ' 12ND ! GH vtE. i� i _ // / =:A.D ` I 'ACRES Poitii. .-- . 7-5a Lt. i I f •• _ „,.• .e. r ......-..; 1 4--ili, r. - -.IMF — ' 1"• . % Oft g NEN --.). '," - II- a Nt,lip . .. y �e ;raj'• EEP,L A,-RtS 1r'� -o • ''EY 1. .,� 1`HDP-1. - 859.3 t" / ."V k.'' E' - 864.0 pti 1 "� • Ni 'Q- 11 �I ° D=c / � _ .- _ SCH00 �i 1 i'll\ , ' it-141 1-.1‘ ,e; g ■ SC til .--4 0.7.--17 - ' ' Oa '; . fr. �Q. l , �' : P-92„ /'/� I, • 4, .l ,. ;-- c'� CP-9.1. ri r'e66o :1 .4�S Y 8'� �� — -l es2.o i* �_- • SITE . • .. • . . FIGURE No. 17 STORM SEWER LAYOUT MAP •. • • . • CITY OF • EAGA 7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA • JUNE 22, 1993 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 22, 1993, at 7: 00 p.m. at the Eagan Municipal Center. Present were members Voracek, Merkley, Hoeft, Gorman, Heyl, Isberg, and Alternate Wallace. Also present were City Planner Jim Sturm, Acting Community Development Director Jon Hohenstein, Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA City Planner Sturm stated that Item "E" under New Business was continued at the applicant's request. He further stated that Item "G" under New Business will be heard at the July 6, 1993 , City Council meeting. Heyl moved, Isberg seconded, the motion to approve the agenda as amended. All present voted in favor. MINUTES City Planner Sturm requested the following sentence be deleted: Page 4 , Paragraph 2 , Line 5: "This application is consistent with the current zoning. " May 25 , 1993 . Merkley moved, Heyl seconded, the motion to approve the May 25, 1993 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Voracek explained the Advisory Planning Commission procedure to the public. PRETTYMAN HEIGHTS 2ND ADDITION - SKYLINE HEIGHTS PARTNERSHIP Chairman Voracek opened the first public, hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately .70 previously zoned R-1 (Single Family) acres located along the south and east side of Skyline Trail in the SE 1/4 of Section 4 . City Planner Sturm stated that the applicant was proposing two single family lots on approximately .7 acres. He mentioned that there is an existing single family home on the site and all lot requirements are met with this proposal. ( JD • Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 • The applicant was not present. Member Merkley requested that a condition be added which requires that the easements along the existing property line between Lots 1 and 2 , Block 2 , be vacated before final plat approval. Merkley moved, Heyl seconded, the motion to approve a Preliminary Plat consisting of two lots on approximately .70 previously zoned R-1 (Single Family) acres located along the south and east side of Skyline Trail in the SE 1/4 of Section 4, subject to the following conditions: 1. These standard conditions of plat. approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, Cl , C2 , El, Fl, G1 and H1 2 . The existing sanitary sewer and water service that will not be utilized shall be abandoned at the main by capping the sanitary sewer service and turning the water service off. 3 . The easements along the existing property. line' between Lots 1 and 2 , Block 2 , Prettyman Heights shall be vacated prior to final plat approval. All present voted in favor. Agenda Information Memo July 6, 1993 City Council Meeting LOW INCOME HOUSING TAX CREDITS/WESCOTT VILLAGE EAST TOWNHOMES E. Consider Low Income Housing Tax Credits,Wescott Village East Townhomes,Wescott Hills 3rd Addition/Wescott Village East Partners,Located North of Trails End Road,East of Ivy Lane--An application has been received by the Dakota County HRA for low income housing tax credits to assist in the construction of the final phase of the Wescott Square Townhouse Project. While the City does not have authority to approve or deny such credits, the HRA does solicit comments from affected jurisdictions in regard to such applications. A copy of the letter from the HRA to the Ci relative t9Slis item is enclosed on pages aAlor througAlso enclosed on pages/ (through LWare staff memoranda relative to this application. A full copy of the application its available at City Hall for review by the Council if it is desired. Also enclosed on pageteleketigare criteria which the City adopted in 1988 to consider low income housing tax credit requests of this kind. The City has considered three such applications in the past under these criteria. A previous application for a similar project on the subject property of this application was reviewed in 1989 and was approved by the Dakota County HRA at that time. The approval lapsed prior to its being utilized by the applicant and a new application has been submitted. In the context of the criteria: 1. The proposal as presented represents a phase of the existing Wescott Hills development. Staff has been informed, however, that it is the policy of the Dakota County HRA that assistance of this kind be provided only where fewer than 50 low income units meeting the rent and tenant income requirements are situated. Currently, 16 units in the Wescott Hills area were financed using low income housing tax credits. Further, it is the HRA's position that a large number of the remaining 114 units in the Wescott Hills area also meet rent and tenant income requirements such that more than 50 such units currently exist. 2. As currently proposed, the project would total 152-160 units. The approved plats for the area total (9D-units. In correspondence from the applicant, which is enclosed on pages( ( co through( -' arepresentation has been made that one of the four unit buildings could be removed. In its current form, the application does not include that modification. 3. The applicant has indicated to the HRA that it intends to use a steel and brick finish material which would meet or exceed the City's 50% maintenance-free exterior finish requirements for dwellings in the R-4 zoning category. 2 Agenda Information Memo July 6, 1993 City Council Meeting 4. The applicant has submitted a landscape plan for review. The plan submitted meets the City's landscape standards provided that all tree stock sizes conform with code requirements and irrigation is installed in all green areas. As with #2 above, the applicant's correspondence expresses the potential to remove one fourplex unit to provide additional green space, a tot lot and a picnic area to complement the proposed Wescott Hills Park Project. In its present form, the current application does not include such a modification. 5. The project consists of 20 3-bedroom units, 10 2-bedroom units and 10 1-bedroom units. 6. This criteria is included as a condition of approval. If the Council makes a positive finding in this regard, it may wish to condition it upon this criteria. Staff anticipates that additional information relative to this item will be forthcoming from the HRA for Council review. If it is received in time for next Tuesday's meeting, it will be provided to the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a recommendation to the Dakota County HRA for low income housing tax credits for the Wescott Village East Townhomes, Wescott Hills 3rd Addition/Wescott Village East Partners, located north of Trails End Road east of Ivy Lane as presented. 4.3 1�.�1:��T� COUNT). H,,u•int & ReJeveloprn ent Atith�,rity ,_ - __ ^ �s� yY � _` '3� :4,,, i4;.;, \\ • R, i iu lin'.\1\ 1i:(,.,•T I\I' _ 1_i. i _ • ■ _\ _ .•I-. June 21, 1993 • Mayor Thomas Egan Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: LOW INCOME HOUSING TAX CREDIT APPLICATION FOR WESCOTT VILLAGE EAST Dear Mayor Egan: The Dakota County Housing and Redevelopment Authority (HRA) received an application for Low Income Housing Tax Credits (LIHTC) from the proposed Wescott Village East townhome project in Eagan. One of the federal requirements of the LIHTC program is that the allocating agency (in this case, the Dakota County HRA) notify the Chief Executive Officer of the locality in which the project is located and give them an opportunity to comment. Although we are still reviewing the applications, this project may be recommended for receiving an allocation of LIHTC at the July 13th Dakota County HRA Board meeting. If you have any comments on the project or regarding the use of LIHTC for this projects, please submit them in writing to me by July 12 , 1993 , so that they can be considered at the Board meeting. if this project is recommended to receive an allocation of LIHTC. ' I have submitted a copy of the actual application to Tom Hedges. Attached is a brief description of the project. Please contact me at 423-8104 with any questions. Sincerely, �.1a, CCt L j J sica Cook Housing Finance Coordinator cc: Thomas Hedges, City Administrator L(k-4 Description of Proposed Project low Income Housina Tax Credit Application Developer: Schmitz Kornovich, Inc. 225 North Benton Drive, Suite 204 Sauk Rapids, MN Location: Trail End Road and Ivy Lane, Eagan Seller of Property: Kenneth W. Tschida Number of Units: 40 10 one bedroom units 10 two bedroom units 20 three bedroom units Style of Unit: Townhouse Gross Rent Amount: $477 one bedroom $581 two bedroom $686 three bedroom Proposed Mortgage Source: Piper Jaffray • 1Lf < M E M O R A N D U M TO: Jon Hohenstein, Acting Comm. Development Director FROM: Kim Eggers, Project Planner DATE: June 25, 1993 SUBJECT: Low Income Housing Tax Credit Application The Dakota County Housing and Redevelopment Authority (HRA) has received an application for Low Income Housing Tax Credit (LIHTC) from the property owner of a proposed Wescott Village East townhome project. At the July 13 Dakota County Board meeting, the project may be recommended for receiving an allocation of LIHTC. The HRA has asked for any comments the City of Eagan may have, although the City has no authority to approve or deny the allocation. The Dakota County HRA is the allocating agency of LIHTC. The LIHTC program was created by the Federal Tax Reform Act of 1986 for the purpose of providing a credit for qualified residential rental properties. The LIHTC is a credit, or reduction, in liability each year for ten years for owners and investors in certain low income rental housing. On August 16, 1988, the City adopted criteria for the consideration of LIHTC. These criteria are attached. In 1989, Wescott Limited Partnership submitted an application for allocation of LIHTC funds for development of a revised site plan of a previously approved plat that would have added 20 three bedroom units and 20 one bedroom units to the Wescott Hills Development. All but one of the established aforementioned criteria were met with this project, and the City Council approved a low income tax credit for the second phase of the Wescott Hills project on June 6, 1989. The allocation of credits was approved, but the funds, which were available for a two year period, were never used and have consequently expired. The most recent application is for a project nearly identical to the previously approved project. The project differs in the fact that there are 20 proposed three bedroom units, 10 proposed two bedroom units, and 10 proposed one bedroom units. The project would be located on vacant property in the .Wescott Hills neighborhood. The Dakota County HRA has requested comments from the City of Eagan regarding this proposal. ` M E M O R A N D U M TO: Jon Hohenstein, Acting Comm. Development Director FROM: Kim Eggers, Project Planner DATE: June 29, 1993 SUBJECT: Wescott Hills LIHTC Request In response to your questions about the HRA's LIHTC application, I have contacted Jessica Cook with the BRA, and have also researched City of Eagan files. The following answers are the results of this research: The Wescott Hills area was approved for 200 townhome units total - 8 lots/32 units in the first phase, 18 lots/72 units in the second phase, and 24 lots/96 units in the third phase. Currently, there 120 total units in the three phases. With the addition of 32 units, as proposed by the applicants, there would be 152 units overall - a decrease in density of 48 units. Jessica Cook spoke with the applicants earlier today; they indicated that they would be forwarding us a landscape plan for the project. The also told her that it was their intent-to use steel and brick for the exterior finish, contrary to the information provided in the application. However, as their estimated construction cost is $35,000 per unit, Ms. Cook does not feel that the aforementioned exterior finish is accomplishable. Ms. Cook indicated to me that the HRA will not allocate funds to projects containing more than 52 units total. While this proposed development contains only 32 units, the HRA will take the position that this construction would be an additional phase within the Wescott Hills development, and therefore would exceed unit limitations. The Dakota County BRA would like a letter from the City outlining our reasons for recommendation of approval or denial of this project. L 471 . d II C I Cil . L. . , . 0 ,,,,. ,. ,. , 1 , .., .., , ., ... , ,:. • .. ,, 0 , ..] .2 .1 •MINI SAD AMIN•. CI .._.e.:. ; 1 .r. .• M ft, _ 1 e t I. -......+. r; CI •• _. �.•. ~ ' •2 •1 Y W t t tn t 7 •.! 1 N e, • W I g eteee :2!/::1tEt:::lt•trtt a ;! 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GVOb �~ $ r---. ao r IN i �y�r—�" G W s t.:, w an?, li N O 1 N !bQ e� /� y a 'g - 1 . •' .," S�Ival ,n NK Y. Q N 1 O G ' •' 11 D t GN { F, a o' . C V • yr 1 M - �.12.2 f \ ; 1‘ 0 . 00 ' : 0. • An ,( Wt lit ST 4 i1i. .JN 1 t� _ 'c• Yda I n „ S JJ • 2 y.p` d.,.' of H ,�6• 1 41 o ` r i Wt W ' i 1 j O i 11 ( 1 3.„i: k { N 1 '{Dp_ 1--•6 ii t \ 1 I �auta! J/ IWOj 1. ~ �—� �i 1 J, i' �Q • I we F a - i W n M J y o ! - N „ 1g« N \ •Q •Ii I4, yp�N ' .0 :,,,,_ ,v ILq tD Ifs v'N .. u.t C • -u ✓ 1 jP + �_ — — - -t- I n T' o, - < ' :S aj.:a w•.,s t. z a: [S T-4) n' O I-Ci LS ' �l1Val 11�7S3M t., .1 to `i. I �: ;0 2O•l 1 W..a.•i 1 :1;6.06.0 • „BE 1 1 CRITERIA POR CONSIDERATION OF LOW INCOME ROUSING TAX CREDIT REQUESTS Adopted August 16, 1988 Requests for Low Income Housing Tax Credit shall be considered by the City of Eagan for eligible projects on the basis of their relationship to the criteria which follow. The project may not be required to conform with all criteria but is unlikely to receive endorsement if it compares unfavorably to a majority of the criteria. 1. Low income housing tax credits may be used only for rehabilitation or upgrade of existing projects or to enhance subsequent phases of existing projects. (This criteria reserves the credit for improvements in areas of identified problems rather than for new projects. ) 2. Applicants for low income housing credits should demonstrate that the credits will serve to reduce the density of multi-family developments. (This criteria reenforces the Council direction to reduce density and bring about down-zoning.) 3 . Applicants ' projects should exceed exterior finish requirements . (This criteria supports the Council direction concerning finish material and lends added impetus to the use of quality finish materials. ) 4 . Applicants ' projects should exceed landscape requirements and/or open space requirements. (Again, this criteria reenforces the reduction of density and addition of amenities to subject projects. ) 5. Low income housing credits may be used only for two to three bedroom homes/units to provide low income housing opportunities for families. (This criteria promotes the City policy of lower density, scattered site, low income housing as multiple bedroom units are more frequently present in lower density developments.) 6. No more than 45% of units occupied must be occupied by low and moderate income persons/families. (This criteria encourages a mix of low And moderate income persons with other income categories. ) JUN-30-93 WED 10:34 DAKOTA COUNTY HRA FAX NO 4238180 P. 03 OW440,,4 !9131 $ $122520992 Seim Korn Inc. 02 Schmitz Kornovich, lnc. Developers, General*oarzeaort Res North Benton I)rive Suite 30! Sauk 61212 25 MN 5079 142-ate 719: MR Cook l)A7i:: June 34 1993 Dakota County Housing Authority FROM Lonnie Kornovich Schmitz Konnovich, Inc RE: E.4GAN, MINNESOTA In rcrponse to our discussion on 714esdgy,l have spent some time looking at the site plan and how we could Improve the project at well ups 1mjsmve the neighborhood. One thing we could dos at the request of the City of Eagan, would be to move the access from Wescott Trails to Wescott Square~ This would relive traffic pressure, Also, by increasing the landscape planting to the west line, we could even fence to west line with a decorative wrought iron fence and bird:posts. Furthermore, we could even go as fear ac eliminating one founplex to increatie green.pace and add a tot lot and picnic area on our own property to take pressure off the new City Park, The removal of a four pled could also allow access to mill End Road to the south. I believe that this project could be an important step bs turning the area around and would force the other projects to clean up their ad in order to compete, and would also provide a transition to the newly built quad home to the east. Regarding the property pose agreement, ifyou feel this should need further verification or . adjustments, please inform us: This Ls how we typically accomodate MIIFA, became in this case plane and specs are included in the land purchase prig and the utilities are a pan of development cost& 1 feel this project could be an asset to the area and would be very.interested In improving the project some way for all concerned U l R-g6/ 4238180 06-30-93 10: 33AM P003 #19 Schmitz Kornovich, Inc. Developers, General Contractors • 225 North Benton. Drive Suite 204 RECEIVED Sauk Rapids, MN 56379 612/252-4015 JUL 0 1 1993 Fax/252-0992 • TO: Ms. Kim Eggen DATE: June 30, 1993 City of Eagan FROM: Lonnie Kornovich Schmitz Kornovich, Inc. As requested by Ms. Cook at the Dakota County Housing Authority, enclosed is the landscape plan. As I discussed with Ms. Cook, we will he upgrading the exterior to the buildings and increasing the plantings. - • • One thought I had after talking to Ms. Cook is that we could change the site plan and eliminate the access to Wescott Trails (the private road) and take access to Wescott Square or possibly Trails End Road to the south. This would help relieve pressure on Wescott Trails and help separate this new development from the past. This project would definitely help as a transition to the newly built and under construction quad homes to the east. If there is anything I can do to improve the project, do not hesitate to call. This could be an important key to turning the area around. • • • • • • l �_ • Agenda Information Memo July 6, 1993 City Council Meeting TREE PRESERVATION POLICY F. Policy, Tree Preservation/Replacement Schedule, City of Eagan—The City adopted its new landscape ordinance, the ordinance contained a reference to tree preservation guidelines which would be utilized as the City standard to maintain its urban forest. Since that time, City staff has reviewed a proposed set of guidelines at replacement schedule to insure that the minimum number of trees will be removed in a given development project and that those removed unnecessarily be replaced in a manner which will tend to reforest new development and the community in the near future. The policy was distributed to the City's development community and, in particular, the Developers Task Force. A meeting with that group resulted in certain changes being incorporated into the draft. Copies were then made available to the building community and an opportunity was provided for feedback from them as well. The policy has since been before the Advisory Planning Commission and Advisory Parks, Recreation and Natural Resources Commission. Both the APC and APRNRC are recommending approval of the guidelines and schedule. A copy of e tree presery ion guidelines and tree replacement schedule a enclosed on pages through ,/ S for your review. Also enclosed on pages f G(through Ay/are the AI C and APRNRC minutes relative to this item. Also enclosed on pages 1(pp through j(Q? is correspondence received of the Opus Corporation relative to the initial draft of the tree preservation guidelines. Following the changes incorporated by staff, the letter enclosed on page )' was forwarded to Opus for their consideration. Staff has yet to receive a response from this correspondence but in telephone conversations with representatives of Opus,it was indicated that the modifications proposed substantially reduced that company's concerns relative to the guidelines. It is staffs belief that the guidelines as proposed will create substantial incentives to retain trees and minimize tree loss while insuring aggressive tree replacement where losses are inevitable. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed tree preservation guidelines and tree replacement schedule as presented. /S2 • CITY OF EAGAN TREE PRESERVATION GUIDELINES INTENT AND OBJECTIVE It is the intent of the City of Eagan to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development of wooded areas. In the interest of achieving these objectives the City of Eagan has established comprehensive tree preservation guidelines relating to the: • Protection and preservation of the environment and natural beauty of the City, • Assurance.of orderly development within wooded areas to minimize tree and habitat loss, • Evaluation of the impacts to trees and wooded areas resulting from development, • Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal, • Provision of incentives for creative land use and good site design which preserves trees and minimizes tree removal and clearcutting during development, and • Enforcement of tree preservation guidelines to promote and protect the public health, safety and welfare of the community. APPLICATION These guidelines shall apply to all sites of new development and new building construction in the City of Eagan. DEFINITIONS Builder Any person or entity to whom a building permit is issued for the construction of a single- family residence. 1 • Coniferous/Everereen Tree A woody plant which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. Construction Area Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character of the land occurs as a result of site preparation, grading, building construction or any other construction activity. Deciduous Tree A woody plant which, at maturity, is at least fifteen (15) feet Or more in height, having a defined crown, and which loses leaves annually. Developer Any person or entity who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing any building thereon. For purposes of these guidelines, a Developer does not include a Builder as defined herein. Diameter • • The length of a straight line measured through the trunk of a tree at 54 inches above the ground. Drip Line or Root Zone, The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree. 2 • ( s Forester A person holding a Bachelor's degree in forestry from an accredited four-year college of forestry. Landscape Architect A person licensed by the State of Minnesota as a Landscape Architect. Nurseryman A person licensed by the State of Minnesota as a Nurseryman. Significant Tree A healthy tree measuring a minimum of eight inches in Diameter for hardwood Deciduous Trees or a minimum of 12 inches in Diameter for softwood Deciduous Trees measured . at 54 inches above the ground, and a minimum of 12 feet in height for Coniferous/Evergreen Trees. Significant Woodland A grouping or cluster of Coniferous and/or upland Deciduous Trees, occupying 500 or more square feet of property, which are comprised predominantly of a.single species of Deciduous Trees between four inches and twelve inches in Diameter or Coniferous Trees between four feet and twelve feet in height. • • • 3 c(t"' DEVELOPMENTS Unless otherwise determined by the City, the following process for preserving trees shall be required for new development in any zoning district; new building construction in any zoning district except single family residential (R-1); and for any existing commercial, industrial or institutional building to be expanded by ten (10) percent or greater square feet, where an approved tree preservation plan is not on file with the City. 1. Developers are required to do the following: a) Prepare a Tree Preservation Plan which shall be incorporated on the grading plan. b) Implement the Tree Preservation Plan prior to and during site development. c) Submit a performance guarantee for compliance with the approved Tree Preservation Plan. d) Comply with the City's Tree Replacement Schedule. 2. The Tree Preservation Plan shall be submitted with preliminary plat plans in accordance with Chapter 13 (Subdivision Regulations) of the City Code or as part of the landscape plan as required under Chapter 11 (Land Use Regulations/Zoning) of the City Code. • 3. The Tree Preservation Plan. must be certified by a Forester, Landscape Architect, or Nurseryman retained by the Developer. 4. The Developer shall be responsible for implementing the Tree Preservation Plan prior to and during site grading and building construction. 5. The Tree Preservation Plan shall include the following items: a) The name(s) and address(es) of property owners and Developers. b) Delineation of the buildings, structures,or impervious surfaces situated thereon or contemplated to be built thereon. c) Delineation of all areas to be graded and limits of land disturbance. d) Size, species, and location of all Significant Trees and Significant Woodlands located within the area to be platted or within the parcel of record. e) Identification of all Significant Trees and Significant Woodlands on all individual lots. (The Developer shall be required to submit a list of all lot and block. numbers identifying those lots, along with the Tree Preservation Plan). f) Measures to protect Significant Trees and Significant Woodlands. 4 I s_S g) Identification of all Significant Trees and Significant Woodlands proposed to be removed within the Construction Area. h) Size, species, and location of all replacement trees to be planted on the property in accordance with the Tree Replacement Schedule. i) Signature of the person preparing the plan. 6. Measures proposed to protect Significant Trees and Significant Woodlands shall include: a) Installation of snow fencing or polyethylene laminate safety netting placed at the Drip Line of Significant Trees and Significant Woodlands to be preserved. b) Identification of oak trees planned to be pruned between April 15th and July 1st; any oak trees so pruned shall be required to have any cut areas sealed with an appropriate tree wound sealant. 7. Measures to protect Significant Trees and Significant Woodlands may include, but are not limited to: a) Installation of retaining walls or tree wells to preserve trees. b) Placement of utilities in common trenches outside of the Drip Line of Significant Trees. or use of tunneled installation. c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. . d) Use of tree root aeration, fertilization, and/or irrigation systems. e) Transplanting of Significant Trees into a protected area for later moving into permanent sites within the Construction Area. f) Therapeutic pruning. 8. The tree preservation plan will be reviewed by the City to assess the best available layout to preserve Significant Trees and Significant Woodlands and to enhance the efforts of the Developer to mitigate damage to Significant Trees and Significant Woodlands. The Developer is encouraged to meet with staff prior to submission of the preliminary plat application or prior to application for the grading permit, whichever is sooner, to determine the placement of buildings, parking, driveways, streets, storage and other physical features which result in the fewest Significant Trees and Significant Woodlands being destroyed or damaged. 9. Significant Tree and Significant Woodlands removal shall be in accordance with the City- approved tree preservation plan and in no case shall the maximum number of Significant Trees and Significant Woodlands to be removed as a result of the following construction activities, approved by the City as a part of a preliminary plat, exceed 25% of the total 5 c 3 number of Significant Trees and Significant Woodlands which were existing prior to the preliminary plat: a. Site grading. b. Installation of public utilities including sanitary sewer, storm sewer, water,natural gas, electrical service, and cable T.V. c. Construction of public streets. d. Construction /grading of drainageways. e. Filling of any area. f. Any other activity within the Construction Area. Notwithstanding the provisions of this paragraph to the contrary, where practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit Significant Trees and Significant Woodlands removal in excess of the 25% limitation,provided all trees removed in excess of the 25% limitation shall be replaced in accordance with the Tree Replacement Schedule. 10. Significant Trees and Significant Woodlands may be removed on individual lots for site grading, utility hook-ups, buildings, parking lots, driveways, storage areas, recreation areas, private streets, or similar site improvements. Significant Trees and Significant Woodlands-removal shall be in accordance with the City-approved tree preservation plan and in no case shall the maximum number of Significant Trees and Significant Woodlands to be removed on individual lots exceed 30% of the total number of Significant Trees and Significant Woodlands which were existing upon the lot prior to the issuance of the building permit, except where practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit Significant Trees and Significant Woodlands removal in excess of the 30% limitation. In the event such exception is granted, all trees removed in excess of the 30% limitation shall be replaced in accordance with the Tree Replacement Guidelines. 11. If any Significant Tree or Significant Woodland indicated to be saved on the Tree Preservation Plan is destroyed or damaged, the Tree Replacement Schedule will be enforced by the City (see attachment for guidelines on tree replacement). 12. The Developer shall provide the required performance guarantee following approval of the Tree Preservation Plan and prior to any construction and/or grading. The performance guarantee shall be included in the "performance guarantee"required in Chapter 11 (zoning ordinance) of the City Code where a landscape plan is required. For a plat the performance guarantee shall be added to the financial security established for the plat, in an amount determined by the City Council. 6 a 1 13. The proposed grading plan shall be submitted to the City at least five working days prior to the issuance of grading permit, to ensure compliance with the approved Tree Preservation Plan. All sites shall be staked, as depicted in the approved grading plan, before grading is to commence. The City shall inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures are in place. No encroachment, grading, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the Root Zone of trees to be saved. 14. Prior to grading, all diseased and nuisance trees on the subject property, shall be identified by the City Forester in accordance with Chapter 10 of the City Code. All diseased and nuisance trees so identified shall be removed from the property at the time of grading. • 15. The tree protection measures shall remain in place until all grading, construction, and restoration has been completed. 16. After grading. construction, and restoration has been completed a Forester, Nurseryman. or Landscape Architect shall: a. Certify in writing to the City that the tree preservation plan was followed. b. Certify in writing to the City that the tree protection measures were installed. c. Indicate which Significant Trees and Significant Woodlands remain and which have been destroyed or damaged. d. Submit a plan for City review identifying where replacement trees, if required, will be integrated into the approved landscape plan, or another plan, as required by the City. 17. Following written request by the Developer for acceptance, the performance guarantee will be released upon verification by the City that the Tree Preservation Plan was followed and that the Tree Replacement Schedule was complied with where necessary. 7 0 SINGLE FAMILY RESIDENCES The following process for preserving trees shall be required of all Builders. 1. Except where no Significant Trees or Significant Woodlands exist within the Construction Area of the site, the City requires that an individual lot Tree Preservation Plan be submitted no later than application for a building permit. The plan shall be consistent with the original tree preservation plan for the plat, where said plan exists. 2. The Builder will be responsible for implementing the Tree Preservation Plan prior to and during construction. 3. The individual lot Tree Preservation Plan must be provided by the Builder and include: a) The name(s) and address(es) of property owners and Builders b) Delineation of all areas to be graded, limits of land disturbance, and buildings to be situated thereon. c) Size. species, and location of all Significant Trees and Significant Woodlands within the lot. d) Identification of all Significant Trees and Significant Woodlands proposed to be . removed within the Construction Area. e) Measures to protect Significant Trees and Significant Woodlands. f) Signature of the person preparing the plan. 4. Measures proposed to protect Significant Trees and Significant Woodlands shall include: a) Installation of snow fencing or polyethylene laminate safety netting placed at the Drip Line of Significant Trees and Significant Woodlands to be preserved. • b) Identification of oak trees planned to be pruned between April 15th and July 1st; any oak trees so pruned shall be required to have any cut areas sealed with an appropriate tree wound sealant. 5. Measures to protect Significant Trees and Significant Woodlands may include, but are not limited to: a) Installation of retaining walls or tree wells to preserve trees. b) Placement of utilities in common trenches outside of the Drip Line of Significant Trees or use of tunneled installation. c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints. d) Use of tree root aeration, fertilization, and/or irrigation systems. 8 l � � e) Transplanting of Significant Trees into a protected area for later moving into permanent sites within the Construction Area. f) Therapeutic pruning. 6. The tree preservation plan will be reviewed by the City to assess the best available layout of buildings and driveways which will result in the fewest Significant Trees and Significant Woodlands being destroyed or damaged. 7. Significant Tree and Significant Woodlands removal shall be in accordance with the City- approved tree preservation plan and in no case shall the maximum number of Significant Trees and Significant Woodlands to be removed on individual lots exceed 20% of the total number of Significant Trees and Significant Woodlands which were existing upon the lot prior to the issuance of the building permit, except where practical difficulties or practical hardships result from strict compliance with the provisions of this paragraph, the City may permit Significant Trees and Significant Woodlands removal in excess of the 20% limitation. In the event such exception is granted, all trees removed in excess of the 20% limitation shall be replaced in accordance with the Tree Replacement Guidelines. 8. At least three (3) working days prior to construction or grading, Builders shall be required to request approval of on-site (installed) tree protection measures by the City. 9. The City will continue to monitor the tree protection measures at the time of routine inspections. 10. The tree protection measures shall remain in place until all grading and construction activity is terminated. 11. If any Significant Tree indicated to be saved on the Tree Preservation Plan is destroyed or damaged the Tree Replacement Schedule will be enforced by the City (see attachment for guidelines on tree replacement). 12. The City will inspect the building site in order to determine compliance with the approved Tree Preservation Plan. The City will determine that: a) compliance has been met, or b) alternative mitigation measures have been implemented, or c) appropriate tree replacement measures have been approved by the City. 7b:treepres.050 Rev. 6/30/93 9 CITY OF EAGAN TREE REPLACEMENT SCHEDULE GENERAL REQUIREMENTS Developers and Builders will be required to replace all Significant Trees and Significant Woodlands which were indicated on the Tree Preservation Plan to: a. be saved, but which were ultimately destroyed or damaged and, b. be replaced, in accordance with the tree preservation requirements. These replacement trees shall be addition to any other landscape requirements of the City. SIGNIFICANT TREE REPLACEMENT Where replacement of a Significant Tree is required, the Developer or Builder shall be responsible for furnishing and installing the number and size of tree(s) identified in Category A, Category B, or Category C of the following schedule: Size of Tree Damaged or Destroyed Number of Replacement Trees . Category A Category B Category C 1. Coniferous - 12 to 24 feet high 1 2 4 2. Coniferous - 24 feet or higher 2 4 8 • 3. Hardwood deciduous - 8 to 20 inches Diameter 1 2 4 4. Hardwood deciduous - greater than 20 inches Diameter 2 4 8 S. Softwood deciduous - 12 to 24 inches Diameter 1 2 4 6. Softwood deciduous - greater than 24 inches Diameter 2 4 8 1.0 43 SIGNIFICANT WOODLAND REPLACEMENT Where replacement of a Significant Woodland is required, the Developer or Builder shall be responsible for furnishing and installing one Category B replacement tree or two Category C replacement trees for every 250 square feet of Significant Woodland damaged or destroyed, or any increment thereof. SIZE OF REPLACEMENT TREES Category A trees shall be no less than the following sizes: Deciduous Trees - Not less than 4 inches in Diameter Coniferous Trees - Not less than 12 feet in height Category B trees shall be no less than the following sizes: Deciduous Trees - Not less than 2 1/2 inches in Diameter Coniferous Trees - Not less than 6 feet in height Category C trees shall be no less than the following sizes: Deciduous Trees - Not less than 1 1/2 inches Diameter Coniferous Trees - Not less than 4 feet in height • SPECIES REQUIREMENT Where 10 or more replacement trees are required, not more than 50 (fifty) percent of the replacement trees shall be of the same type of tree without the approval of the City. • REPLACEMENT LOCATION Replacement trees shall be planted on the subject property. If for some reason, all the replacement trees cannot be planted on the subject property, those remaining to be planted shall be located on other property owned by the Developer/Builder located within the City of Eagan, or on property owned by the City of Eagan. The City Forester shall determine the location of the placement of trees on City property. WARRANTY REQUIREMENT Any replacement tree which is not alive or healthy, or any Significant Tree to be saved which subsequently dies due to construction activity within one (1) year after the date that the last replacement trees have been planted, shall be removed by the Developer or Builder and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. 7b:eepres.050 Rev. 6x30/93 • 11 Lo4 • Page 22/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 22 , 1993 TREE PRESERVATION POLICY CITY OF EAGAN Chairman Voracek opened the last public hearing of the evening regarding the adoption of a Tree Preservation Policy for the City of Eagan. City Planner Sturm stated that this policy was created at the direction of the City Council. He mentioned that many meetings and much discussion went into this policy. Basically, the policy would require that no more than 25% of the trees on a particular site could be removed for street construction, etc. and then only 30% of the remaining trees could be removed for building construction. He stated that the City's intention was to create a policy in which more individual lot grading would take place. City Planner Sturm stated that the Park and Recreation Commission already reviewed the policy and he mentioned that John VonDeLinde was available to answer any questions. John VonDeLinde, Superintendent of Parks, discussed the basis for deciding how many trees could be removed and what size diameter trees could be removed. He stated that the City reviewed other community ordinances regarding tree preservation and felt that the City went one step further with this policy. Chairman Voracek was concerned that, under this policy, a 8 inch oak tree would not be preserved. He requested that the City review the policy in regards to all hardwood trees under 8 inches in diameter as these trees take a long time to grow and would not be protected under the policy. Mr. VonDeLinde stated that the City could review this issue. Merkley moved, Isberg seconded, the motion to recommend approval of the Tree Preservation Policy for the City of Eagan. All present voted in favor. ADJOURNMENT Heyl moved, Merkley seconded, the motion to adjourn the June 22 , 1993 Advisory Planning Commission meeting at 11:10 p.m. All voted in favor. • Secretary - Eagan Advisory Planning Commission / j-44 wrahal Advisory Parks, Recreation and Natural Resources Commission Minutes of June 3, 1993 Meeting Page 3 3. The proposal be revised to comply with the Planned Development Agreement which states, 'the developer must use reasonable effort to save existing trees'. 4. The development be subject to an on-site ponding requirement for all areas draining directly or indirectly to Pond AP-19, and that the developer work with staff to revise the pond layout (which is unacceptable in its present form) prior to preliminary plat approval. Prior to approval of the preliminary plat, the developer is to submit for staff approval a wetlands impact report which addresses efforts that will be taken to avoid or minimize wetlands impacts and contains a replacement plan, if appropriate. PARK NAMING Director Vraa introduced this item noting that it had been deferred several times in the past. After some research there were three possible names submitted for consideration. Those names included Manor Lake Park, Holz Farm Park and Lakeview Park. Ken continued that a petition had been received, signed by 103 residents, interested in naming the park Holz Farm Park because of the history of the land and the longevity of the Holz family on this site. Chairman Kubik noted that according to the park naming guidelines the Commission has not, in the past, named a park after someone who is still alive. Jonathan Widem indicated that none of the names truly fit the criteria for naming a park and asked that more names be submitted for consideration. Mr. Mooradian noted that the Holz family has been living on this farm for many years prior to • the birth of Otto Holz who owned land prior to the City's obtaining it for park purposes. After further discussion, Dan Mooradian moved, Erin Ipsen-Borgersen seconded the motion to recommend to the City Council that this park be named Holz Farm Park. Eight members voted in favor and Jonathan Widem was opposed. The motion passed on an 8-1 vote. GOLF DRIVING RANGE CONTRACT AGREEMENT Director Vraa introduced this item noting that a draft contract agreement had been submitted to each Commission Member asking that any comments or additions be directed to Ken prior to this meeting. Since he had not received any changes from the Commission, Director Vraa concluded that the agreement was satisfactory to them. Jonathan Widem moved, Dan Mooradian seconded with all members voting in favor to recommend to the City Council that the draft golf driving range contract agreement be approved. TREE PRESERVATION UPDATE Director Vraa introduced this item as an update of the Tree Preservation Guideline Policy. Ken continued that this item will be reviewed by the Advisory Planning Commission on June 22 and then on to the City Council on July 6. Superintendent of Parks VonDeLinde noted that staff met with the Natural Resources Subcommittee on March 10 to gain input on the general content and requirements contained within the policy. This was followed by a meeting of the developer's task force on April 8th. Based on the input of those meetings a final draft was done for the Advisory Commission's review and comment. 1 • Su 6)e a fpraIa} Advisory Parks, Recreation and Natural Resources Commission Minutes of June 3, 1993 Meeting Page 4 Superintendent VonDeLinde reviewed the intent and objectives of the tree preservation guidelines,the application and the definitions of those guidelines. Key definitions reviewed by Mr. VonDeLinde included significant trees and significant woodlands. John noted that the process would remain the same. It was noted that developers would meet with staff before the preliminary plat to walk the site and identify the woodlands and trees to be preserved. John then reviewed the tree replacement process which was felt to be a fair and workable solution for the developers as well as the City. John added that the proposed requirements state that 75%of the parcel will be required to be preserved with wetlands and/or with significant trees. The APRNRC still has the discretion to change that about but replacement mitigation will need to be done. Relative to individual lots, Mr. VonDeLinde explained that total significant tree removal cannot exceed 30%. John also added that single family development will need to provide a lot by lot tree preservation plan. George Kubik thanked John for an excellent job in working on this project. David Szott asked if there would be enough staff to manage this new proposal. Mr. VonDeLinde responded that more staff time would be needed and the Forestry department, Park Planner and City Planner will be a part of that process. John did indicate that the single family lots will require more time, however. After further discussion, George Kubik moved, Deborah Johnson seconded with all members voting in favor to adopt the final draft of the Tree Preservation Guidelines as presented with the policy to be applied retroactively to the greatest extent possible. • PAVILION/SHELTER RESERVATION USE Director Vraa introduced this item noting that due to the increased number of requests for unpaid reserved use of pavilions and shelters it was felt that the Commission should review some guidelines in allowing this type of use. Ken then reviewed several optional guidelines for the Commission's consideration. Ted Billy asked if these are new guidelines. Ken responded that currently staff does not waive fees, therefore, if requests are made to waive fees, the Commission needs to review guidelines. After further discussion, Ted Billy moved,Jonathan Widem seconded with all members voting in favor to approve the following guidelines for unpaid pavilion/shelter reservations for schools. • 1. Unpaid reservation times would be within the school day hours so as not to interfere with "reservable" evening hours. 2. Unpaid reservations would be allowed during the school year only. 3. Unpaid reservations would not be allowed on weekends or holidays. 4. Unpaid reservations would be allowed for public schools within Eagan only. 5. Unpaid reservations would be allowed for events that involve 125 people or more. 6. These guidelines will be reviewed on a yearly basis. OUTLOTS C& D BRIDLE RIDGE Director Vraa introduced this item noting that the City has expressed interest in obtaining Outlots C and D of Bridle Ridge Second Addition for parks purposes. Originally it was thought that this could be a simple title transfer of property, however the owner has indicated less interest in transferring title, rather they are looking at selling the property at a price that is higher than the City is willing to pay at this time. Commission Member Billy stated he favored adding parkland whenever necessary and would like to see staff proceed with acquisition when appropriate. George Kubik added.that this would be a good discussion item for the Commission and asked that staff provide some negatives and positives relative to the acquisition of these outlots. Opus Corporation �, 0��✓ 800 Opus Center Mailing Address 9900 Bren Road East PO.Box 150 Minnetonka,Minnesota 55343-9600 Minneapolis,Minnesota 55440-0150 612-936-4444 Fax 612.936-4529 I I tr"ti:+id.r' t9 tr.,7! 1i wr MAY i7 �,...,, May 13, 1993 Mr. John Hohenstein Acting Community Development Director • City of Eagan 3830 Pilot KNob Road Eagan, MN 55121 Re: Tree Preservation Policy Dear John: I appreciate your including the input of the Developer's Task Force in the development of the policy regarding tree preservation in Eagan. We support tree preservation provided such policies do not ruin economic viability. Historically we have shown our desire to preserve trees and enhance the beauty of . Eagandale to the benefit of our tenants as well as the city, and have done so without such a policy. . There are two cases in point. First is the site of the five-story "Unisys" office building located adjacent to Highway 494. Here we preserved many of the wonderful mature oaks on the site by proper building . _ placement and the use of multi-elevation parking areas,landscape medians, and keystone retaining walls. Note, we were the first to bring this retaining wall system into Eagan. This building represents our commitment to quality and beauty in our park. If the current tree preservation policy was in place and without the utilization of additional land, we would have spent upwards of an additional $65,000 on this site to accomplish the same objectives. This seems like a unnecessary penalty for a job well done and a penalty that would have damaged the economic viability of the project. • The second example was the development of the (Compri) hotel, now the Holiday Inn,'along Pilot Knob Road. Again, an incredible beauty was maintained by Opus without a policy. Cost for the project would have increased by $22,000 if this policy was in place. Our position is this policy is too onerous against commercial and industrial land. It will, in effect, drive the cost of developing these sites up or effectively reduce the value of the land. As you are aware;Eagan sites are in tough competitive with adjacent municipalities that offer incentives for building construction. As it relates to industrial growth, this policy does not support growth. I would suggest as it relates to commercial and industrial that.a 0%(25%/50% be used rather than 0%/50%/100%. Regarding the technical aspects of the suggested tree policy, I would like to suggest the use of two 11/2 inch potted trees instead of a 21/2 inch balled tree. The reason being in 2-3 years the 11/2 inch potted tree will be as big as the 21/2 inch balled tree. The cost for 11 inch trees is substantially less, the loss ratio • 40 II ,I:• ,0 aka ,iatf •�__ ,–_ ,�.:-a'=._.=.:: .- -a .,raItit N. Opus Corporation is an affiliate of th- sp s group o - caries—Architects.Contractors,Developers 1953.1993 Austin,Chicago Dallas,Denver.Houston, I'I waukee.Minneapolis Pensacola.Phoenix,Seattle.Tampa • OPUS. Mr. John Hohenstein May 13, 1993 Page 2 is less, and you get more trees. Secondly,if a site can not accommodate tree planting,then a substitution site should be able to be used, such as other land owned by the developer or other sites within the industrial park, prior to planting on public land away from the Park. Again, I appreciate your openness in receiving comments from the Developers' Task Force. Sincerely, OPUS CORPORATION - !� r Marc S. Anderson Director • Real Estate Development MSA/ts c: City Council Members • I LOC\ • . 1 r city of ecicjcin THOMAS EGAN • Moyor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER June 16, 1993 Council Members THOMAS HEDGES City Admrrnstrotor E.J. VAN OVERBEKE MR MARC ANDERSON City Clerk DIRECTOR OF REAL ESTATE DEVELOPMENT OPUS CORPORATION 800 OPUS CENTER 9900 BREN RD EAST MINNETONKA MN 55343-9600 Dear Marc: In addition to the distribution of the Tree Replacement Policy to the entire Developers Task Force, I wanted to respond to your letter of May -13, in particular along the lines of our discussion in the office two weeks ago. Again, we appreciate the participation of your firm and Northwestern Mutual Life in the City's development process and in the refinement of the Tree Preservation Policy. I would appreciate it if you could review the revised policy and provide us with a similar analysis as you did for the original policy on the I-494 Unisys building and the Compri/Holiday Inn property. It would be useful for us to know whether or not our policy would encourage or discourage the tree sensitive approaches you have taken in those two cases. If you have any questions concerning this.request, please let me know. Again, thank-you very much for your participation in this effort. . . Sincerely, • n Hohenstein • Acting Community Development Director JH/js • MUNICIPAL CENTER • THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOE;TOAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT. EAGAN.M:NNESOTA 5522.1847 EAGAN,MINNESOTA 55122 PHONE (6'2)6E1-460: PHONE (612)681.4300 FAX (672;6E'-4t'2 Equal Opportunity/Atfirmative Action Employer FAX (612)681-4360 TO (612;454-8555 IS t° 100 (612)454.8535 Agenda Information Memo July 6, 1993 City Council Meeting MUNICIPAL CENTER EXPANSION/ARCHITECTURAL SERVICES/RFP G. Review Scope of Work, Architectural Services for Public Safety/Municipal Center Expansion and Authorize Distribution of the Request for Proposal--The next step in the City's Public Safety/Municipal Center expansion project is to select an architect to design the building expansion in cooperation with the City's construction manager. A draft copy of the request fo proposals for architectural services in this regard is enclosed on pages hrough for you review. The RFP has been reviewed by City staff and is in order for consideration by the City Council at this time. In particular, the Council should review and consider the scope of work which defines the architectural responsibilities relative to the project and, if acceptable, authorize its distribution to interested firms. In accordance with the City's policy, the RFP will be advertised in the City's official newspaper and the Construction Bulletin. It would be staffs intention to publish this notice beginning on July 7 and 8 with responses anticipated on August 2, as outlined in the schedule within the RFP. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the scope of work for architectural services for the Public Safety/Municipal Center expansion and authorize distribution of the request for proposal. t(A REQUEST FOR PROPOSALS FOR PUBLIC SAFETY/MUNICIPAL CENTER BUILDING EXPANSION ARCHITECTURAL SERVICES FOR THE CITY OF EAGAN PROPOSALS DUE: 4:30 P.M., AUGUST 2, 1993 LOCATION: CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122-1897 • TABLE OF CONTENTS I. PURPOSE OF REQUEST H. INSTRUCTIONS TO PROPOSERS III. PROPOSAL CONTENTS IV. SCOPE OF WORK V. SELECTION VI. TERMS AND CONDITIONS VII. PROPOSAL CONTEXT - GENERAL INFORMATION x '"13 REQUEST FOR PROPOSALS PUBLIC SAFETY/MUNICIPAL CENTER EXPANSION ARCHITECTURAL SERVICES CITY OF EAGAN I. PURPOSE OF THE REQUEST The City of Eagan is requesting proposals from architectural firms or combinations of firms to provide architectural services for Eagan's public safety and municipal center expansion. Detailed information concerning the City's needs is outlined in the following Request for Proposals. II. INSTRUCTIONS TO PROPOSERS A. All proposals should be sent and all questions and correspondence should be directed to: Jon Hohenstein Acting Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 • (612)681-4600 • B. All proposals must be received no later than 4:30 p.m., Monday, August 2, 1993. Ten (10) copies of the proposal must be presented. The copies shall be sealed and clearly identified with the project name and submittal deadline. C. In order to be considered a valid proposal, each proposal must meet the following requirements: a. Written proposals are the only valid form. Proposals received after 4:30 p.m., Monday, August 2, 1993, will be returned unopened. Verbal proposals will not be permitted. b. Each proposal must be signed by an officer of your company who can be held accountable for all representations. D. The proposal shall be limited to a maximum of thirty pages, printed on one side. Additional material, other than that requested by the City, will be disregarded. E. The City will review the proposals and schedule interviews for all finalists during the week of August 9, 1993. Selection will occur at the regular City Council meeting on August 17, 1993. F. Schedule for Contracting with an Architectural Firm Council Approval of RFP 7/6/93 Publication of RFP 7/8/93 and/or 7/15/93 RFP's mailed 7/12/93 - 7/28/93 Proposers meeting (2:00 p.m.) 7/26/93 Last date for receipt of proposals (4:30 p.m.) 8/02/93 Interviews held for selected proposers 8/16/93 Contract awarded by City Council 8/17/93 Contract period begins 8/23/93 G. Proposers are prohibited from contacting any elected official for purposes of lobbying to secure this contract. III. PROPOSAL CONTENTS • A. Title Page Show the proposal subject, the name of the proposer's firm, local address, s telephone number, name of the contact person, and the date. In the event that a combination of firms is proposed, please indicate the lead firm. B. Table of Contents Include a clear identification of the material by section and by page number. Each section should be tabbed for reference purposes. C. Identification of Assigned Personnel 1. The name of the person that would be responsible for the management and administration of a contract with the City together with a description of such person's experience and qualifications. 2. The names of the professional staff that would be assigned to this project. 3. An organizational chart identifying team members and their area of responsibilities. L1 .) • 4. A statement committing the aforementioned staff to this project. 5. Background information concerning the firm or firms, including the number of years in business under this name and the number and breakdown of personnel in the local office. 6. If joint ventures are proposed or consultants will be retained, a statement of such arrangements must be contained in the proposal including a brief description of each participant's role. D. Proposer's Detailed Approach to the Scope of Services 1. The proposal shall address in detailed fashion the approach of the firm or combination of firms to the Scope of Work. 2. The proposal shall identify a specific time frame for the completion of each element of the Scope of Work as outlined above. E. Basis for Compensation 1. Budget documentation for each task must include the following: a. Number of and names of personnel, number-of person days (8 hours equal one person day) and billing fee (identify each separately). b. Number of supporting personnel,number of person days,billing fee (list each separately). c. Other costs and reimburseables (i.e. travel, telephone,printing, computer time, etc.) d. Total task cost. 2. Total Budget Documentation must include the following: a. Professional Personnel 1) Total number 2) Total person days 3) Total billing fee b. Support Personnel 1) Total number 2) Total person days t LI' 3) Total billing fee c. Total of Other Costs and Reimburseables d. Total Cost of a, b and c e. Commitment to the Total Cost, Not to Exceed Amount 1) Proposals submitted containing fees determined as a percentage of the contract amount will be disqualified. F. List of References 1. A minimum of five references for public clients, specific experience with public safety agencies preferred. All municipal experience within the past ten years must be listed. G. Disclosures and Assurances (Appendix A) 1. Applicant Authority - Assurance that the signator making representations in the proposal on behalf of the proposer has the authority to do so and to bind the firm to a contract. 2. Compliance with Affirmative Action - The City of Eagan, Minnesota, has adopted a policy that will not discriminate in employment practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, handicap or disability; that it has agreed to take affirmative .action to recruit minorities,women and handicapped persons into its employment; and that it will transact business only with firms who have adopted similar non-discriminatory and affirmative action policies. In cases where a contract with the City of Eagan will exceed $50,000 and the number of full-time employees exceeds twenty (20) in the company making a Proposal, in its Proposal the company must furnish the City of Eagan with documentation that shows the company has adopted a written affirmative action policy. Contracts which exceed $50,000 will not be awarded to companies of more than twenty full-time employees which fail to provide verification of an affirmative action policy. 3. Firm Not Debarred -A certification that the firm/firms or employees thereof are not on the "List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions." ("\-1 • IV. SCOPE OF WORK A. General Description of the Project The City bf Eagan is requesting proposals from interested firms to provide architectural services for the construction of an expanded administrative and public safety facility. The expansion is anticipated to be approximately 30,000- 35,000 square feet in size encompassing a basement and two floors. The location will be adjacent to the existing Eagan Municipal Center on a parcel of property currently owned by the City. The site and building will be designed to accommodate limited future expansion as service needs require it. The preliminary budget for building, remodeling, furnishing and fees is $3 million. Site work consisting of an additional $800,000 in improvements will be managed by the City in coordination with this project. The City will fund the project through its existing Community Investment Fund and no bond referendum will be necessary. The City of Eagan seeks to select an architectural firm to work with the City's construction management firm, E & V, Inc., to design and complete this project within the defined time schedule, within a prescribed budget, and within specific quality and program guidelines. A tentative construction schedule is as follows: Selection of Project Architect 8/93 Develop schematic building and site design 10/93 Site work begins (by Owner) 10/93 Design development 12/93 Construction documents 1/94 Bidding 2/94 . Start construction 3/94 Final Occupancy 4/95 This project is being coordinated by a Project Team consisting of the City Administrator,Department Heads and the heads of the Protective Inspections Division.The Chief Building Official has been designated as the Project Team Coordinator and will be the principal liaison between the Project Team and the Construction Manager. From time to time, the Project Team will be S augmented by various City Council and staff members for specific tasks or reviews of matters within their areas of expertise. B. Work Elements The Architectural Services will consist of the following work elements: 1. Finalize Architectural Program a. Review existing documents and work products associated with this project including, but not limited to: 1) BRW Space Needs Analysis for the City of Eagan- 1990 - Copy available for review at Eagan Municipal Center. . 2) Staff Draft of Architectural Program - 1993 - Appendix B. b. Review and revise the space needs analysis in the context of the draft architectural program. c. Cooperate with the Construction Manager in the preparation of alternative solutions for meeting space needs including preliminary cost estimates.for: 1) New Administrative Facility/Wing Remodel existing facility for public safety use. 2) New Public Safety Facility/Wing Remodel existing facility for administrative use. 3) Expansion and Remodeling of Existing Facility for both Public Safety and Administrative Functions. d. Coordinate City staff review and refinement of the architectural program in the context of the project budget. 2. Develop Alternative Schematic Designs and Identify Preferred Design a. Cooperate with the Construction Manager in identifying cost effective, feasible, constructible building alternatives. b. Prepare schematic designs of the alternatives. c. Meet with City staff and the City. Council to review relative merits and costs of alternatives. d. Coordinate staff and Council analysis of alternatives and necessary modifications. e-1()\ e. Execute preliminary design modifications as directed. f. Cooperate with the Construction Manager in cost analysis, and constructibility of the modified alternatives. g. Cooperate with the Construction Manager in the coordination of the staff and Council selection of the preferred alternative. h. Construct a computer generated model of the preferred alternative including the existing facility for staff and Council review. - 3. Develop Detailed Plans and Specifications a. Prepare all documents and drawings to fix and describe the size and character of the new facilities. The contract documents and drawings must include floor plans, structural, mechanical and electrical systems, materials, interior decoration and furnishings, fixtures and equipment. b. Prepare documents setting forth in detail the requirements for construction of the new facilities as support- to the necessary bidding information. The architect shall assist in the preparation of the necessary forms as may be required by the Construction Manager. The architect may be required to assist the Construction Manager in awarding all construction contracts. 4. Construction Services a. Assist the Construction Manager in applying for and procuring all required permits. b. Assist the Construction Manager in pre-construction conferences with representatives from the successful bidders and any other vendor representatives. c. - Review and approve any necessary shop drawings and equipment/material schedules. d. Ensure contractors' compliance with building and fire codes. e. Ensure minimal disruption to police operations during construction. i � • f. Provide periodic observation services as necessary during construction. g. Provide final inspection services. h. Review requests for payment to ensure their appropriateness. i. Prepare and issue Change Notices and Change Orders as necessary. 5. Other a. Work under the direction of the City's Project Team as represented by its Project Manager, Doug Reid. Also work with the City's department and functional focus groups as directed. b. Work in cooperation with the City's Construction Manager. Also work in cooperation with City's Radio Consultant,Leonard Koehnen. c. Meet with Project Team and.the Construction Manager at least twice monthly during the pre-construction phase to discuss • feasibility, budgets, options and design. d. Attend all necessary meetings with the project team and/or the City Council to be sure they are well informed on the progress of the design of new City facilities. e. Consider available state-of-the-art technology in law enforcement,records management,communication and general office environment, taking into account existing computer network. f. Address the need for continual police operations during the entire remodeling and/or expansion project period. g. The architect will be required to serve as a witness in connection with any public hearing, arbitration or legal proceedings. h. Identify anticipated interior furnishing options and associated costs. i. Provide any other services usually associated with architectural projects of this nature. • j. Other services as required by the City. C. Deliverable Documents 1. Final Architectural Program 2. Schematic Design Alternatives 3. Physical or Computer Generated Model of Preferred Alternative 4. Detailed Plans and Specifications of Preferred Alternative for Bid Documents D. Facilities Covered The City has a variety of facilities which will be considered in the building expansion project. They are generally described below: 1. Municipal Center a. Administrative Offices - The administrative portion of the Municipal Center currently houses 64 employees in the departments of Administration, Community Development, Finance, Parks and Recreation, and Public Works. The offices are spread over 9,980 square feet on two levels. The main administrative level was built in 1983. b. Police Department - The police portion of the Municipal Center currently supports 64 employees in standard or rotating shifts in an area of 9,160 square feet on one level. It includes specialized features including garage access, holding cells, security entrances and communications equipment. The police department and the lower administrative level were built in 1977. c. Council Chamber and Lobby - The public areas of the municipal center comprise approximately 3,465 square feet. d. Support & Storage Areas - Support, storage and mechanical areas comprise the remaining 3,525 square feet of the facility. 2. Fire Administration - The Fire Administration Building is housed within the former city hall. It has 4 regular employees and space for 13 volunteer officers as well as contract ambulance operations and a community room in 4,972 square feet. V. SELECTION A. The City reserves the right to reject any or all proposals, and is not bound to accept the lowest cost proposal if that proposal is contrary to the best interests of the City. B. The proposals will be evaluated by a selection team. The team will rank the proposals and provide this information to the City Administrator. C. Selection of the firms to be invited to respond to the RFP in this regard shall be based upon the following criteria: 1. The firm's approach to and understanding of the project. 2. The firm's experience in similar projects,including similar architectural projects, space planning experience, law enforcement planning experience, and previous experience on government projects. 3. The experience and qualifications of the project staff in similar projects, including the criteria above. 4. The firm's demonstrated ability to deliver products on schedule and within budget. 5. The extent of project involvement by top management. 6. The extent to which previous clients have found the firm's project services acceptable. 7. The firm's most significant qualifications for this project. 8. Previous city experience with the consultant firm, if any. VI. TERMS AND CONDITIONS A. The City reserves the right to cancel or amend the request for proposals at anytime. The City reserves the right to determine the successful respondent. The City reserves the right to reject any or all proposals. B. The City will not be liable for any costs incurred by the firm responding to this request. C. Upon submission,all proposals become the property of the City,which retains the right to use any ideas presented in any proposal submitted,whether or not the proposal is accepted. 3 D. A contract will be executed between the successful respondent and the City. It is anticipated that the contract will be a full-service architectural and engineering contract type AIA B-141, and that the successful designer's proposal and specifications of this request, including the Terms and Conditions set forth herein, will be incorporated in the contract. E. The City shall pay the firm for services on the basis of the approved fee or fee schedule per the proposal. F. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. G. For the purposes of this agreement, the consultant shall be deemed to be an independent contractor, and not an employee of the City. Any and all agents, servants, or employees of the designer or other persons, while engaged in the performance of any work or services required to be performed by the City under this agreement, shall not be considered employees of the City of Eagan and any and all claims that may or might arise on behalf of the City , its agents, servants or employees as a consequence of any act or omission on the part of the designer, its agents, servants, employees or other persons shall in no way be the obligation or responsibility of the City. The consultant, its agents, servants, or employees shall be entitled to none of the rights, privileges, or benefits of City employees except as otherwise may be stated herein. H. The City shall pay for all services and items provided by the firm under the proposal in a lump sum upon completion of the project or on such schedule as shall be mutually accepted by the City and the firm. The consultant further agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the designer's performance of the provisions of this agreement. It shall be the obligation of the designer to apply for, pay for and obtain all permits. J. The City requires affirmative action,and,therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. K. If, for any reason, the firm selected is not able to commence services under its proposal within 30 days after its award, the City reserves the right to award the contract to the next most qualified firm. L:. If, for any reason, the firm shall fail to fulfill in timely and proper manner the obligations under the contract, the City shall reserve the right to terminate said contract by specifying the date of termination in a written notice to the firm at least sixty (60) calendar days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. M. No elected official or employee of the City who exercises any responsibilities in the review, approval or carrying out of the proposal or contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. VII. PROPOSAL CONTEXT GENERAL INFORMATION A. City Organization The City of Eagan was incorporated in 1974 as a statutory,plan A city. It has a Council/Administrator form of government. The City provides a full array of municipal services including water, sewer, and street lighting utilities; fire, police and civil defense protection; and general administrative functions. 1. City Council -The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy making body of the City. The Mayor, who presides over the City Council meetings, is elected at large for a four year term. The Councilmembers are elected at large for four year terms. Set forth on the following table is certain information pertaining to the City Council. NAME TITLE TERM EXPIRES Tom Egan Mayor 12/31/94 Pat Awada Councilmember 12/31/94 Shawn Hunter Councilmember 12/31/96 Sandy Masin Councilmember 12/31/96 Theodore Wachter Councilmember 12/31/94 2. City Administrator - The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff - The City Administrator implements Council direction through the department heads of seven.City departments. They are Police, Fire, Public Works, Finance, Community Development, Parks and Recreation, and Administration. B. Demographic Statistics The City of Eagan is among the fastest growing cities in Minnesota. Its dramatic population growth and the predominance of two income households places a significant demand on City services and facilities. A summary of the City's population growth is outlined in the following table. 1980 U.S. Census 20,700 1985 Special U.S. Census 30,456 1990 U.S. Census 47,409 1993 City Staff Estimate 53,500 Eagan's growth is expected to continue into the future due to its locational amenities and the current environment and pressures for household formation. Conservative estimates place the City's population near 63,500 by the year 2000. As a result of the mobility associated with in-migration, the population is very young with a median age of twenty-eight and two percent of the population over sixty-five in 1990. The growth places substantial demand on City services and facilities. C. Economic Overview The City of Eagan is a middle ring suburb which is roughly sixty percent developed. It has approximately 1,500 acres of commercially zoned land and 3,200 acres of industrial land. In excess of 1,000 businesses are located in . Eagan. This employment base provides job opportunities to more than 26,000 persons. With an employment force slightly over 29,963 people, Eagan has virtually neutral employment ratio. • Appendix A Applicant Assurances The applicant hereby assures and certifies: 1. That the individual signing the assurance form on behalf of the individual, partnership, company or corporation named in the proposal possesses the legal authority to execute the proposed study. 2. In connection with this proposal and any subsequent contract the consultant shall not discriminate against any employee applicant for employment because of race, color, creed, religion, national origin, disability, age, sex or status regarding public assistance in accordance with federal and state law and local policy. 3. The consultant/consultants or employees thereof are not on the "List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions." 4. The consultant agrees to comply with all applicable federal, state and local compliance requirements. OFFICIAL ADDRESS (Name of Firm) (Authorized Signature) (Title) (Date) • ? i . • Appendix B Architectural Program City of Eagan Staff Draft 29 Agenda Information Memo July 6, 1993, City Council Meeting CONSIDER REQUEST TO ABATE LEVIED ASSMTS A. Consider Request To Abate Levied Assessments For Portion of St. Thomas Becket Addition--Enclosed on page (Ct ( is a request that staff received from St. Thomas Becket Church requesting an abatement of assessments levied against 3.41 acres of Lot 1, Block 1, St. Thomas Becket Addition, which incorporates the 200' wide Northern States Power Company easement acro s the northern boundaries of this development as shown by the sketch enclosed on page c y. The amount of the assessments in question is identified as follows: ITEM AREA RATE TOTAL Sanitary Sewer Trunk 3.41 Acres $1,540/AC $5,251.40 Water Trunk 3.41 Acres $1,615/AC $5,507.15 Water Availability Charge (WAC) 3.41 Acres $2,550/AC $8,695.50 Storm Sewer Trunk 148,540 SF $0.107/SF $15,893.78 TOTAL $35,347.83 The current City policy states that trunk area assessments shall be calculated on the lot area exclusive of dedicated right-of-way, dedicated pond easements and surface area of wetlands • with a controlled City storm sewer outlet. There is no specific provision made to exclude common drainage and/or City utility easements. As it pertains to private utility easements (NSP, Northern Natural Gas, etc.), the City has usually included this area for trunk area assessments but there have been specific situations where any combination of trunk area assessments have been deleted or reduced through an assessment appeal process. The philosophy of the trunk area assessment was to exclude areas where development was restricted by dedicated right-of-way, easements, etc. However, while certain open space is not available for development (i.e. lot coverage restrictions), it was recognized as being necessary open space for the development itself. When trunk area assessments are levied as a result of a public improvement project against unplatted property greater than 10 acres, 20% credit is provided for future public right-of- way dedication. With the Council's elimination of the Atlantic Hills Drive extension to TH 3, there was no additional public right-of-way dedicated with the platting of this property. Subsequently, it resulted in an increase of the net assessable area by 3.31 acres over the assessable area prior to platting. As mentioned previously, past similar requests were reviewed and addressed on its own merits. No precedence has been established and it is not anticipated that any action Council would take regarding this request would affect the application of our Special Assessment Policy to any other future development. ?CI Agenda Information Memo July 6, 1993, City Council Meeting (Abate Levied Assessments - Continued) This request for an abatement results from the levy of these trunk area assessments as a condition of the development agreement being executed as a part of the final plat approval granted by Council action on January 19, 1993. If the abatement request is approved, it would not result in any refund but rather a correction to the assessments to be certified to Dakota County for collection beginning in 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge and approve/deny the request to abate the trunk area assessments levied over the NSP power line easement across the northern 200' of Lot 1, Block 1, St. Thomas Becket Addition. E CATHOLIC COMMUNITY OF T. THOMAS BECKET June 8 , 1993 • Mr. Thomas A. Colbert Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Colbert , The Church of St . Thomas Becket hereby requests an abatement of the assessments levied against the northern 200 feet of our property which is currently the subject of a powerline easement. We have no intention of using this property and, in all likelihood , it will remain "open space. " We are not able to build on it because of the easement and , thus , no benefit is derived by the parish from the assessments on this land. We appreciate your support in this regard. Thank you . • Sincerely, 14-PPLOA- 7A-- (Rev. ) Thomas M. Kommers Pastor • 1080 Lone Oak Road Eagan,Minnesota 55121 (612) 683.9808 AUTUMN RIDGE . :v: ATLANTIC t HILLS DR " \ \ l \\\ 111:\/: . HAY LAKE \ W I - 1-r-----P -----..\.." . . • L.---"%-jK/) ` __ . � \V 1 LL1J1►l� . ‹e../../.11-, , .. • • . . C.....• j' • • • • \C*C,-- V MEMORANDUM TO: Tom Hedges, City Administrator FROM: Annette M. Margarit, Assistant City Attorney DATE: June 8, 1993 RE: Suspension of Tobacco License Our File No. 206-7858 INTRODUCTION On February 18, 1992 , the Eagan City Council amended Eagan City Code Section 6. 34 to permit the City Council to suspend or revoke a license to sell tobacco when the licensee has violated the conditions of the license. In November, 1992 , the Eagan Police Department charged Jason Turley, an employee of the Cedar Cliff Amoco Station at 4600 Slater Road, with selling tobacco to a minor. Mr. Turley has pled guilty to the offense as a petty misdemeanor. The Ordinance provides for criminal sanctions for violation of the Ordinance and also suspension and revocation of the tobacco sales license. The holder of the license at the Amoco Station is Mr. Robert Schlangen. Pursuant to the Ordinance, the City Council may begin the process to do one of the following: (a) suspend Amoco's license for 30 days; or (b) revoke the license. BACKGROUND In April of 1992 , the Eagan Police Department, with the help of some of its Explorers, visited various businesses throughout Eagan that had obtained tobacco sale licenses. Twenty-three establishments sold tobacco to the underage Explorers. At that time, the Police Department sent letters to the offending establishments informing them that their employees had sold tobacco to an underage person. Mr. Schlangen's Amoco was one of the offending establishments. The Eagan Police Department conducted another check of licensed tobacco dealers on November 10, 1992 . The operation was conducted by Officer John Stevenson who was assisted by several Explorers ranging in age from 14 years old through 17 years old. Officer Stevenson and the Explorers covered all 46 of the businesses licensed within the City of Eagan to sell tobacco products. Of those establishments that had received a letter for the previous offense, only Mr. Schlangen's Amoco again sold to an underage person in November of 1992 . Four other businesses sold to underage persons in November of 1992 but none of them had committed a violation in April of 1992 . In the case of Mr. Schlangen's Amoco, one of his employees sold a pack of cigarettes to a 15-year-old Explorer. Immediately after the employee, Jason Turley, made the sale to the Explorer, Officer Stevenson confronted Mr. Turley and explained that Mr. Turley had sold tobacco to a 15-year old. Officer Stevenson issued a citation for violating Eagan City Code Section 6. 34, Subd. 3 (B) (1) . On January 14, 1993 , Mr. Turley appeared in court for arraignment. He pled guilty to a petty misdemeanor for violation of the Eagan City Code and was ordered by Judge Kalina to perform 10 hours of community work service by April 1, 1993 . On April 5, 1993 , Officer John Stevenson and I met with Mr. Schlangen and his manager to discuss the issue of the suspension of his license. At that time, Mr. Schlangen agreed to a 30-day license suspension to run through the month of May. On April 13 , 1993 , John Stevenson contacted me and informed me that Mr. Schlangen had called him with second thoughts about consenting to the 30-day suspension. Since that time, . I have had several conversations with Mr. Schlangen's attorney about the matter.- Their primary complaint is that the 30-day suspension is too long and that it would seriously harm the overall business of Mr. Schlangen's store. SUSPENSION/REVOCATION PROCESS At this time, the City Council may want to pursue the formal process to either suspend or revoke Mr. Schlangen's license. Eagan City Code Section 6. 34 , Subd. 4 (A) provides that the City Council may suspend a tobacco license for 30 days if the licensee has violated Subdivision 3 (B) (1) sale of tobacco to someone under 18 years old. If the Council so desires, pursuant to Subdivision 4 (D) the Council may revoke a license to sell tobacco if the licensee's employee has a petty misdemeanor conviction. A major concern in the suspension/revocation procedure is to follow due process. A suspension/revocation process is set out in Eagan Code Section 5. 02 (G) concerning the liquor license. I believe following the liquor license process for the tobacco license suspension will enable the . suspension process to withstand court scrutiny. That process is summarized as follows: (1) Pursuant to Eagan Code Section 5. 02 (G) , the license holder is entitled to a hearing prior to any suspension or revocation. The hearing is conducted according to the Administrative Procedures Act. (2) Section 5.02 (G) also provides that the "Council may, in its sole discretion, appoint an independent hearing examiner * * *. I1 (3) Mr. Schlangen must be provided written notice of the hearing served by certified mail at least 15 days and not more than 30 days prior to the hearing date. The date, time and purpose of the hearing must be described in the notice. Enclosed please find a proposed notice of hearing for Mr. Schlangen with a copy to his attorney. After the hearing officer is appointed and a hearing date is set, our office can finalize the letters for your signature and serve it on Mr. Schlangen. Discussions with Mr. Schlangen's attorney indicate that the factual basis for the suspension or revocation will not be a particular issue. Mr. Schlangen's attorney seems to be taking the position that 30-days is too severe and will likely try to attack the punishment on constitutional grounds. If the Council wishes to pursue the suspension/revocation process and conduct the hearing, I recommend the matter for appointment of the hearing officer be placed on the consent agenda for a Council meeting in the near future. I will send a letter to Mr. Schlangen's attorney informing him that the Council intends to appoint a hearing officer so that if he so chooses, he could be present at that Council meeting. Please advise me if the Council wishes to pursue this process and, if so, when it will appoint a hearing officer. AMM/wkt , 1993 Robert Schlangen CERTIFIED MAIL Cedar Cliff Amoco 4600 Slater Road Eagan, MN 55122 Re: Suspension/Revocation of Tobacco Sales License Dear Mr. Schlangen: On April 5, 1993 , you met with Officer John Stevenson of the Eagan Police Department and Annette Margarit of the Eagan City Attorney's Office at which time 'you were informed that one of your employees had pled guilty to a violation of Eagan City Code Section 6. 34 . That Section prohibits the sale of tobacco to a person under the age of 18 . During your discussion on April 5, 1993 , you were requested to voluntarily agree to suspend your tobacco sales at your Amoco for 30 days beginning May 1, 1993. Although you originally agreed to do so, you later chose to withdraw that consent. Please be advised that at its regular meeting on , 1993 , the Eagan City Council appointed a hearing officer to conduct a fact finding hearing as to whether you have violated Eagan City Code Section 6. 34 . The Council appointed , as the hearing officer. The hearing is scheduled for , 1993 at , at the Eagan City Hall. You may be represented by counsel at the hearing if you so choose. The purpose of the hearing is to determine whether a violation of Eagan City Code Section 6. 34 occurred. Evidence tending to show a violation occurred will be presented by the Eagan City Attorney's Office. The hearing will be conducted according to the Administrative Procedures Act Minn. Stat. §14 . 57 through 14 . 62 . Upon making findings of fact, those findings shall be presented to the Eagan City Council at its next regular meeting. The Council will determine whether to adopt the hearing officer's findings and based on those findings will make a decision whether to suspend or revoke your tobacco sales license. Very truly yours, CITY OF EAGAN Tom Hedges, City Administrator cc: Jim Fleming 5500 Wayzata Boulevard Suite 1200 Minneapolis, MN 55416 • • z Fees: $200 investigation (non-refundable) $ 50 license CITY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: f frt./o1— Let 0 C rc<io,rk.3 DOB: + / ?/G? First Full Middle Maiden/Last RESIDENCE ADDRESS: ?c, i �/a I I�y 1< d i>r E s9a yr 1,1 S Street City State/Zip RESIDENCE PHONE: (G ) Z:`,7 I —C 4`1 BUSINESS PHONE: ((, t 22 Li S-4 -636 7 BUSINESS NAME: e (ec r 1 I i1 e)r'areutic. M r sect e (c ;ce e.{ oar k BUSINESS ADDRESS: I)C 0 `,/,;r0 k ee 1>c� el I f} L-er,5av, /I H C h Jv-or,-a�+;� J Street City State/Zip 1. Is the applicant licensed in any other community? Yes No If yes, where: 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No ✓ If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b'7 A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c."7 A medical certificate from licensed physician, declaring applicant has no communicable disease. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b.` . Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c." Hygiene. Front and side view photographs must be provided. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. N/A, Attach photo. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State Dates >,?qt-1 v(1c, , 1?;( e f . ar1 ,.t✓t„ 5stat 1IAP1,3 +o p eseor I 7`f ! l th A ve Apt- I N LA/ec rt" ; M� 5.S0 5 5 t o/ /9 1 — /444 ; <<ct ri i{ e 1-ve /\( 5.t7/f, -erg' , It4 5.5 CZ;) ?/6/ — 10/ / 6. Occupation history for preceding five years. (begin with present or most recent.) • �oCd One tlfcr;1-,cn Iec ter(is7 (F !e C(erk) Cay-d rerc Ieeree'wralC�✓ s - Z i Occu ation P Employer or Name of Business -U&( N. ;Na lie Ave t- era(,/vlei 55 it.) 19k1 to 1913 Address City/State/Zip Length of Employment 1:,,•{-er0 u c M, deer c. Mechc ii<0./ C.-7-449,v,c-e'r,;v19 Occupation Employer or Name of Business )0 y M vlt'a 7±of t41!;> 1910 to 19 `f C.) Address City/State/Zip Length of Employment F'— lr✓�^ket I rc'v< d Cn ter p,-( e� Occupation Employer or Name of Business L Y Avc Sw New 1?-15�htc�n , Min 193' to 19 Address City/State/Zip Length of Employment *Attach additional sheets if necessary tee€ 4 t for ched 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes_ No /If yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: ; .e cked si"eet• Name ni rt cc- l `e;°r y- vec vc td Phone g it Address t(i t= r +i1 Pr-. M r f- I Business Address Name c Via 10/ �r Phone C 1 - 36 37 Address .75''1 (`1 r- Ave N 13c,c k/y s, 1CCrrk SG 1.13 Business Address M" Name 7(,ero C rc-vv.f:_o4- Ph "7 - liC7 one �Z� E iirdthcss- Nawle H1.MeA�v�is 73Cticcl c,c C�cdy.vcrk + Nlos a e , .I-nc. Business Address 0 1-o-r y INt.E= M F 1,c Date: 0/4 ) Signature of Applicant Subscribed and sworn to before me this �?h day of i�h'E , 19 1.3 SHARON M. ALECKSON NOTARY PUBLIC--MINNESOTA RAMSEY COUNTY MY COMMISSION EXPIRES 12.7.96 '2Y1 . Ca"tit er; (seal) Notary Public • DATE ;----,,2 7-,9) CITY OF EAGAN NEW ( ON SALE FEES . v 3830 PILOT KNOB ROAD RENEWAL _OFF SALE FEE EAGAN,MINNESOTA 55122 TEMPORARY TEMPORARY FEE$25.00 APPUCATION FOR NON-INTOXICATING MALT UQUOR UCENSE PLEASE PRINT APPUCANT 5-4::.L.:. k is ti-Lc G..r:i.'.2AC S/,4'14%5 OWNER'S NAME Aerate-At-Jr Address 1 5 1 y (� L-a L Vt (-..rt. , ) i2 (Middle) Address (Last) (First) (Middle) (Street) (Street) EAcs.AL M , a,'-' SSj )-L (City) (State) PP) (City) (State) op) Phone (c t L - (2( `(f -3 4 2.. Birthdate 1 2 - i A —3--1 Phone Birthdate TRADE NAME cc IN, (Ai.s `�'T e-F1 I.- 1-( c ■..S i= MANAGER'S NAME A (('L i Ai.:T Address (�4 S fl N�c l L "6:-_,C`J L rc A Adder (Last) (First) (Middle) (Street) (Street) iltt . t�ti: S J t Z 2r (may) (State) (ZP) (may) (State) PP) Phone ( I L - 4,- 1..-- 1-4l S- Phone Birthdate HEREBY APPLIES FOR NON-INTOXICATING UQUOR UCENSE for the year t 61 ci 5 ,from / to Event: (month) (date) (month) (date) Location: (for temporary license) (Address) Are you the actual proprietor? Yes Q No O Are you the owner of the property of the business location? Yes* No 94 Has any other license of this kind been granted to you? Yes ( ). No frk Were (City) (Year) Are any taxes,assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No 4: If yes,give reason. During the past year,has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes ( ) No p. If yes,attach summary copy. Have you ever been convicted? Yes ( ) No X City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No 04,,If yes,please attach a listing of complete names,dates of birth,addresses and telephone numbers fo everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS,WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER UCENSE. I(we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. i- - <___---_ AUTHORIZED SIGNATURE L' n _<. _ j • (A V ull Mid. (Last) •R •NLY • POLICE APPROVAL YES Q NO() SIGNED MI . A-41 AV. 4. DATED 6 J 7-?✓ 1 CITY COUNCIL APPROVAL: YES () NO() SIGNED DATED • MEMORANDUM TO: Tom Colbert, Director of Public Works FROM: Annette M. Margarit, Assistant City Attorney DATE: June 25, 1993 RE: J.P.K. Park v. City of Eagan Assessment Appeal Court File No. C2-92-9815 Our File No. 206-11051 I spoke to J.P.K. 's attorney on June 21, 1993 , and he offered $6, 000. 00 in settlement of the assessment appeal. As you recall, J.P.K. was assessed for the street overlay at $5,748 . 17. Tom Metzen saw a benefit of $7 , 000. 00 for that overlay but we can only seek the benefit in the amount that was actually assessed for the overlay. Additionally, J.P.K. was assessed $1, 242 .85 for street lights. Tom Metzen found a benefit of $1, 000. 00 for the street lights. Finally, J.P.K. was assessed $3, 846.89 for the driveway and Tom Metzen found no benefit for the driveway. The maximum benefit we can derive to the property pursuant to Tom Metzen's appraisal was $6, 748. 17 . The $748 . 00 potentially obtained if we totally succeed at trial did not seem worth the cost of going to trial so we have settled the case for the $6, 000. 00 subject to the approval by the City Council. I will be drafting the settlement papers and get them signed. If you have any questions, please do not hesitate to call. AMM/wkt cc: Tom Hedges, City Administrator Gene VanOverbeke, City Clerk Severson, Wilcox & Sheldon, P.A. DRAFT COPY NO: Z LEASE DATE 511 7 f 43 This Lease Agreement, entered into as of this day of , 1993 , (the "Lease" ) , by and between the undersigned LESSOR and LESSEE. CITY OF EAGAN, a Minnesota municipal corporation (hereinafter referred to as "LESSOR" ) and RICK KUCHERA and RYAN HELGESON, d/b/a EAGAN GOLF CENTER (hereinafter referred to as "LESSEE" ) : WITNESSETH: 1 . Premises: LESSOR, in consideration of the agreements herein contained, leases to LESSEE and LESSEE leases from LESSOR that certain parcel of real estate situated in Dakota County, Minnesota, described on Exhibit "A" , attached hereto and incorporated herein, hereinafter referred to as the "Premises" . 2 . Net Lease: A. The parties hereto intend that this Lease shall be deemed and construed to be a so-called "net lease" and LESSOR shall receive all rent due hereunder from LESSEE, free of any charges, taxes, assessments, expenses or deductions of any and every kind, character or nature whatsoever and without any duty of making any present or future alterations, improvements or repairs of any kind on or about the Premises. B. LESSEE assumes full responsibility for the condition, operation, maintenance and management of the Premises and LESSOR shall have no liability in respect thereto or for damage to the property of LESSEE or on account of the condition, operation, maintenance and management of the Premises. 3 . Term: A. The term of this Lease shall be three (3 ) years and ( ) months commencing the day of 1993 , (the "commencement date" ) , and terminating on the 31st day of October, 1996, (the "term" ) . 4 . Rent: LESSEE shall pay to LESSOR rents during the term of this Lease in the amounts and at the times set forth as follows: A. Minimum Rent: LESSEE shall pay to LESSOR hereunder "Minimum Rent" in the amounts and as are set forth on Exhibit "B" attached hereto and incorporated herein by this reference. Minimum Rent for each lease year shall be due and payable in quarterly installments 15 days after the last day of each calendar year quarter (i.e. , April 15, July 15 , October 15 and January 15) of each lease year for the term of this Lease, without prior demand and without deduction or set-off. As used herein, the term "lease year" shall mean a period of twelve ( 12 ) consecutive calendar months commencing on January 1 and ending on December 31, provided that if the commencement date of the term of Lease is other than January 1 , the first lease year shall commence on the commencement date of the term of the Lease and shall end on the following December 31 , and if -2- the expiration date of the Lease is other than December 31 , the last lease year shall commence on January 1 prior to said expiration date and shall end on the expiration date. B. Percentage Rent: In addition to Minimum Rent, LESSEE shall pay to LESSOR for each lease year of the term hereof as annual "Percentage Rent" a percentage of all gross sales resulting from business conducted in, on or from the Premises during such lease year and in the amounts set forth below. LESSEE shall pay Percentage Rent to LESSOR in the amount of 7 . 5% of gross sales in excess of $66 , 666. 67 for the first lease year ( 1993 ) ; 8% of gross sales in excess of $93 ,750. 00 for the second lease year ( 1994 ) ; 8 . 5% of gross sales in excess of $88 , 235. 29 for the third lease year ( 1995 ) ; and 9% of gross sales in excess of $111,111 . 11 for the fourth lease year ( 1996 ) . The Percentage Rent shall be due and payable in quarterly installments 15 days after the last day of each calendar year quarter ( i.e. , April 15, July 15, October 15 and January 15) of each lease year for the term of this Lease, without prior demand and without deduction or set-off and at the address of LESSOR as is set forth in Paragraph 14, or such other place as LESSOR may designate in writing. LESSEE shall submit to LESSOR, on or before the 15th day following each calendar year quarter during the term -3- hereof at the place then fixed for the payment of rent, a written statement, signed by LESSEE and certified by it to be true and correct showing, in reasonably accurate detail, the amount of gross sales for the preceding quarter. LESSEE shall submit to LESSOR, on or before the 15th day following the end of each lease year at the place then fixed for the payment of rent, a written statement signed by LESSEE and certified to be true and correct showing, in reasonably accurate detail, satisfactory in scope to LESSOR, the amount of gross sales for the preceding lease year, and at the option of LESSOR, duly certified by an independent certified public accountant of recognized standing, which certification • will be one which is satisfactory to LESSOR in scope and substance. The statements referred to herein shall be such form and style and contain such details and breakdown as the LESSOR may reasonably require. As used herein, the term "gross sales" shall mean the recognition of the entire amount of the actual sale price at the time of sale and purchase, whether wholly or partially for cash or on credit of all merchandise and services sold and all other receipts by sale, barter or otherwise, of all business conducted in or from the leased Premises, including, but not limited to, all sales to employees or agents of LESSEE, all without credit to LESSEE for cash discount or uncollected or uncollectible -4- credit accounts. The term "gross sales" shall also include, without limitation, all deposits not refunded to purchasers after the point at which the deposit legally belongs to the LESSEE, all rentals received for renting equipment on the leased Premises for use by the general public and other cash receipts resulting from sales, rentals or service fees relating to transactions on the leased Premises. All sales are to be recorded on cash registers equipped with a transaction number, control or recorded on sales checks which are numerically controlled. There shall be no adjustment to gross sales for cash shortages. There shall be excluded from gross sales any sum collected and paid out for any sales or excise tax, based on all taxable sales in this definition of gross sales as required by law, whether now or hereafter enforced, to be paid by LESSEE or collected from its customers, to extent such taxes have been included in the gross sales price. Tenant shall, and hereby agrees, that it will keep on the leased Premises or at the address set forth in Paragraph 14 below a permanent accurate set of books and records in accordance with generally accepted accounting methods and principals of all sales of merchandise and all revenue derived from other departments of the business conducted in said leased Premises during each day of the term hereof and all supporting records -5- • II including cash register tapes, sales checks, state sales and use tax reports and business and occupation tax reports. Tenant further agrees that it will keep, retain and preserve its permanent books and records for the term of this Lease and one year thereafter and keep, retain and preserve the supporting records for at least one year after the expiration of the lease term. In the event LESSOR is not satisfied with the quarterly or annual statement of gross sales as submitted by LESSEE, then, and in that event, after ten ( 10) days' written notice, LESSOR shall have the right to have its employees or outside auditors make a special audit of LESSOR and its books and records pertaining to sales on or in connection with the leased Premises. If such audit shall disclose a discrepancy of more than two ( 2%) per cent of gross sales, tenant shall promptly pay to landlord the cost of said audit in addition to the deficiency in rent which shall be payable in any event, and LESSOR shall have the option to declare LESSEE in default of this Lease. 5. Use: A. LESSEE shall use the Premises solely for the operation of a golf driving range, snack and non-alcoholic beverage concessions in connection therewith, and for no other purpose whatsoever. LESSEE shall not commit or permit on the Premises any nuisance, waste or other act against -6- public policy or which violates any law or governmental regulation. B. LESSEE shall operate its business as a golf driving range on the Premises only between the hours of 7: 00 a.m. and 10 : 00 p.m. on any calendar day during the term of this Lease. LESSEE shall not operate its business nor permit any activity to take place in connection with LESSEE' s permitted use of the Premises, prior to 7: 00 a.m. and/or after 10 : 00 p.m. on any calendar day during the term of this Lease. LESSEE shall operate its business as a golf driving range on the Premises on at least days of each calendar week from and after April and prior to October of each lease year, and in the event LESSEE fails to do so, LESSOR may declare LESSEE to be in default. C. The LESSEE shall not create nor permit to accrue any liens , adverse claims or other encumbrances against the Premises. D. The LESSEE shall not damage or cause waste to the Premises and shall, at its expense, maintain the Premises in a safe, sanitary, functional and orderly condition at all times, free of litter, trash, refuse and objectionable noises , odors or nuisances. LESSEE shall pick-up trash on the Premises on a daily basis. LESSEE shall recycle refuse and shall comply with all local -7- • ordinances and governmental laws and regulations in connection therewith. E. LESSEE shall not use or permit to be used for parking or access purposes, any part. of the Premises except as is designated for such use on Exhibit "D" referenced below. 6. Alterations: LESSEE shall make alterations, improvements or additions to the Premises for the purpose of conducting its business only in accordance with LESSEE' S PLANS FOR ALTERATIONS AND IMPROVEMENTS, marked Exhibit "C" , attached hereto, and incorporated herein. LESSEE shall grade the Premises in accordance with the SITE AND GRADING PLAN, marked Exhibit "D" , attached hereto and incorporated herein. LESSEE shall perform and complete all such alterations, improvements and grading in a good workmanlike manner, and LESSEE shall bear the cost of the same and shall not permit mechanic' s liens to be placed against the Premises. Any and all such alterations, physical additions or improvements made to the Premises shall, at the option of LESSOR, become at once its property and shall be surrendered to LESSOR upon the termination of this Lease, by lapse of time or otherwise, unless LESSOR shall demand of LESSEE the removal of any such alterations, physical additions or improvements, in which circumstances, such removal shall be promptly made at LESSEE' s expense. This provision, however, shall not apply to fixtures, equipment or goods installed by LESSEE, -all of which shall be and remain the property of LESSEE and may at any time be removed by it. -8- 7. Operating Expenses: A. The LESSEE shall pay, when and as the same fall due, all operating expenses attributable to the Premises for each year during the term of this Lease. "Operating expense" shall mean insurance premiums, electricity, gas, telephone, heat, hot and cold running water, sewer, trash disposal and snow removal expenses, and all expenses relating to maintaining and repairing the Premises. B. LESSEE shall pay when due, all taxes, including, but not limited to, real estate taxes and special assessments for the Premises which become due and payable during the term of this Lease, and LESSEE shall hold LESSOR harmless from same. 8 . Repairs and Maintenance: LESSEE shall maintain the Premises during the term of this Lease and shall comply with all. governmental regulations , laws or ordinances with respect thereto. 9 . Indemnification: A. LESSOR shall not be liable for any damage, loss or expense sustained by LESSEE, its agents, servants, employees, guests, assigns, subtenants, visitors, licensees or any other person or persons, firms or corporations, due to the Premises, any improvements, or any portion thereof , being or becoming out of repair or defective or due to the happening of any casualty, fire, accident or any act or neglect of LESSEE or other person, -9- persons, firms or corporations. LESSEE shall indemnify and forever hold harmless LESSOR from any liability, damage, loss or expense relating to said matters and, at LESSEE' s expense, shall defend LESSOR against each and every claim, demand or cause of action, that may be made against LESSOR by reason of such defects, casualty, fires, accidents or acts of negligence, and also against each and every claim, demand or cause of action which may be made or instituted against LESSOR, as owner of said Premises under the laws or ordinances of any governmental agency, on account of any such defects, accidents or acts of negligence. B. LESSOR shall not be liable for and the LESSEE shall • indemnify and hold LESSOR forever harmless from and against, any and all costs and/or expenses incurred by LESSEE, its agents, contractors, employees, servants, licensees and invitees in connection with the alterations, improvements and/or additions authorized to be made to the Premises by LESSEE pursuant to the terms and conditions of this Lease. Prior to the commencement of any work by LESSEE or by any of LESSEE's contractors in connection with such alterations, improvements and/or additions, LESSEE shall deliver or shall cause each of its respective contractor to deliver to LESSOR, as the case may be, a payment and performance bond in form and text, and in such amounts, as LESSOR deems necessary in -10- its sole discretion, to assure LESSOR that all such work shall be fully completed and paid. 10. Insurance: A. The LESSEE shall maintain fire and extended coverage insurance with a carrier reasonably acceptable to the LESSOR, which insures the improvements placed on the Premises by LESSEE, and all trade fixtures and personal property located thereon, in an amount at least equal to their reasonable replacement cost. Said policy shall name the LESSEE and LESSOR as their interest appears. B. The LESSEE shall maintain and shall cause each of LESSEE' s contractors to maintain comprehensive general public liability insurance covering all acts of LESSEE, its agents , servants , employees, guests, visitors, invitees and all other persons, firms or corporations on or about the Premises, in a combined single limit amount of not less than $2, 000 ,000. 00 , written on an occurrence . basis with a carrier reasonably acceptable to the LESSOR, insuring the parties against claims for personal injuries, wrongful death and property damage. The LESSOR shall be named on such policy as an additional insured as its interest appears. C. LESSEE shall deliver, duplicate originals or certificates of such insurance policies referenced above to the LESSOR and said policies shall provide for 30 days ' written -11- notice to LESSOR prior to cancellation, non-renewal or material modification. D. LESSEE hereby waives their rights of recovery against LESSOR for any loss insured by fire, extended coverage and other property or liability insurance policies existing for the benefit of the LESSOR. LESSEE shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 11. Default: In the event LESSEE does or shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this Lease, which on its part are to be performed, or if its leasehold interest shall be taken on execution or other process of law, or if the LESSEE shall be declared a bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, or if a receiver shall be appointed to take charge of LESSEE' s property, or if LESSEE shall abandon the Premises during the term of this Lease without continuing to perform its obligations, then, and in any of such cases, LESSOR may immediately or at any time thereafter, without any further notice or demand, enter into and upon the Premises, or any part thereof, in the name of the whole, and repossess the same as of its former estate, without such re-entry working a forfeiture of .the rents to be paid and the covenants to be performed by the LESSEE for the full term of this Lease and may, at LESSOR' S election, lease or sublet the Premises, or any part -12- thereof, on such terms and conditions and for such rent and for such time as LESSOR may elect, and after crediting the rent actually collected by LESSOR from such reletting on the rental stipulated to be paid under this Lease by LESSEE from time to time, collect from LESSEE any balance remaining due on the rent reserved under this Lease, together with any costs incurred by LESSOR as a result of LESSEE' s failure to perform other covenants contained in this Lease, together with all other expenses incurred by LESSOR, including reasonable attorneys ' fees, in the reletting of the Premises , or LESSOR may, at its election and upon notice to LESSEE, declare this Lease forfeited and void and may thereupon re-enter and take full possession of said Premises as the owner thereof and free from any right or claim of LESSEE and such election of re-entry last mentioned shall be and constitute an absolute bar to any right to enter by LESSEE upon the payment of all arrearages of rents and costs after a dispossession under any suit or process for breach of any of the covenants of this Lease, except as may be provided under statutes then in force; and the commencement of any action to recover possession of the Premises aforesaid shall be deemed a sufficient notice of election of said LESSOR to treat this Lease as void and terminated unless the LESSOR shall notify LESSEE before beginning such proceedings, that after obtaining such possession, LESSOR will continue to look to LESSEE for the performance of this Lease and will submit the Premises on LESSEE' s account in the manner above proved. In the event of forfeiture, -13- LESSEE shall be released from any further liability under this Lease. 12. Assignment: LESSEE shall not assign or sublet the Premises, or any part thereof, without having first obtained the express prior written consent of LESSOR and, irrespective of such subletting or assignment, LESSEE shall nevertheless remain primarily liable for the performance of all of the terms of this Lease. 13 . Signs: LESSEE shall have the right to install and maintain signs advertising its business, provided that LESSEE obtains from LESSOR approval in writing of all signs as to size, location and design, and provided further that said signs are installed and maintained in conformance with governmental laws and regulations and that such signs are removed by LESSEE, at its expense, upon termination of this Lease. 14 . Notices: All notices, consents, demands and requests which may be or are required to be given by either party to the • other shall be in writing and sent by United States Registered or Certified Mail, return receipt requested, addressed as follows: TO LESSOR: CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55121 and • JAMES F. SHELDON, ESQ. SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 -14- TO LESSEE: RICK KUCHERA RYAN HELGESON 15 . Severability: If any provisions of this Lease shall, by appropriate Court order, be held invalid or in contravention of the laws or ordinances of any applicable governmental authority, such invalidation shall not serve to affect the remaining portion of this Lease. 16 . Entire Agreement: This Lease merges and supersedes all prior negotiations and agreements between the parties hereto relating to the subject matter hereof, and the same constitutes the entire agreement between LESSOR and LESSEE, and no waivers or modifications hereto shall be valid unless in writing and agreed upon by the parties hereto. 17 . Successors and Assigns : This Lease shall bind LESSOR and LESSEE and their successors, assigns, heirs, administrators or other legal representatives , as the case may be. 18. Relationship of Parties: Nothing herein shall be construed to create the relationship of principal and agent or of partnership or joint venture between the LESSOR and the LESSEE. 19 . Governing Law: This Agreement shall be construed under and governed by the laws of the State of Minnesota. 20. Headings: Headings of titles of the paragraphs are inserted solely for the convenience of reference and shall not -15- constitute a part of this Lease, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LESSOR: CITY OF EAGAN By: Its: By: Its: LESSEE: By: Its: By: Its: THIS INSTRUMENT DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 ( 612) 432-3136 SDJ -16- EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "B" MINIMUM RENT Quarterly Installment Year Amount Total Amount 1st Lease Year ( 1993 ) $1,250.00 $ 5,000. 00 2nd Lease Year ( 1994 ) $1,875. 00 $ 7,500. 00 3rd Lease Year ( 1995) $1 , 875. 00 $ 7 ,500. 00 4th Lease Year ( 1996) $2, 500. 00 $10, 000. 00 • EXHIBIT "C" LESSEE' S .PLANS FOR ALTERATIONS AND IMPROVEMENTS I 4 EXHIBIT "D" SITE AND GRADING PLAN