04/04/2006 - City Council Regular (2)rF,
AGENDA
EAGAN CITY COUNCIL REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
April 4, 2006
6:30 P.M.
]f. ROLL CALL & PLEDGE OF ALLEGIANCE (Fire Department Honor Guard)
II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
A. Recognition of Retired Volunteer Fire Chiefs
IV. CONSENT AGENDA
A. APPROVE MINUTES
ftJ1kB. PERSONNEL ITEMS
C. APPROVE CHECK REGISTERS
' D. ADOPT Proclamation -of National Public Safety Telecommunications Week / Recognition of Eagan Police
Dispatchers
n E. APPROVE Off -Sale Liquor License and a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located
at 4130 Blackhawk Road
I) -18F. DECLARE Police Department office furniture as surplus to be disposed of as refuse
G. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent utility bills
H. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent invoice for Shell Station — Cedarvale Blvd..
APPROVE use of the Community Center for the Miss Eagan Pageant at no charge during the 4s' of July festivities
APPROVE advertisement for Statement of Qualifications and Quotes (SOQQ) for Patrick Eagan Park Master Plan
K. APPROVE professional services agreement with Outdoor Environments Inc. and Golf Greens of Minnesota to
design plans and specifications for a miniature golf course within Cascade Bay and authorize staff to obtain
competitive bids for construction of project
• L. APPROVE concessions food and supplies contract for Parks and Recreation concessions operations and authorize
the Mayor to, sign the appropriate documents
• M. APPROVE changes to the 2006 fees and charges pertaining to Parks and Recreation
. N. AWARD Contract for Contract 06-02, City Wide Street Improvements
Q. 0. AWARD Contract for Contract 06-03, City -Wide Street Improvements
P, 9P. APPROVE Final Planned Development — Grand Oak 10 — Interstate Partners — A Final Planned Development of 5.4
G acres to build a 3 -story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE 1/4 of Section 2.
1%• 55Q.. APPROVE Final Planned Development Goodwill — Fendler Patterson — A Final Planned Development of 3.4 acres
TT to build a single story retail store located at Lot 2, Block 1, Slumberland Addition in the SE '/4 of Section 10
P.57R. APPROVE Correspondence to Support State Funding in 2006 for the Expansion of the Northwest Area of Inver
Grove Heights
. S. APPROVE Release of Retainage for Contract 03-09 (Coachman Water Treatment Plant)
T. APPROVE Lease Agreement between City and St. Croix Harley Davidson
V. PUBLIC HEARINGS
P. (40 A. EASEMENT VACATION — Lots. l and 2, -Block 1, Oakview Center
VI. OLD BUSINESS
A. FINAL PLAT AND FINAL PLANNED DEVELOPMENT - Di,ffiey Marketplace - Diffley Ventures — Final Plat
PAA
of 10.64 acres and a Final Planned Development to allow a commercial retail development including a grocery
store, two multi -tenant retail buildings located on Outlot A, Lexington Pointe Thirteenth Addition and Outlot A,
Lexington Pointe Seventh Addition in the NW '/4 of Section 26.
VII. NEW BUSINESS
P-71 A. PLANNED DEVELOPMENT AMENDMENT — Lesley Tscheme — A Planned Development Amendment to allow a
kennel service in her home located at 3812 Blackhawk Ridge Place in the NE -1/4 of Section 21.
P• 9bB. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING — Bassett Property- Sunrise Properties — A
Comprehensive. Guide Plan. Amendment from LD (Low Density) Residential to HD (High Density) Residential and a
Rezoning from A (Agriculture) to R-4 (Residential Multiple) located at 2101 Wuthering Heights Road in the SW '/4 of.
Section. 18.
p"r i 14C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT —
(Oakview Center 2nd Addition) Comfort Suites - Eagan Hospitality Group, Inc. - A Planned Development Amendment
and Final Planned Development to build a 4 -story, 130 room hotel, and a Final Plat to replat two lots as Lot 1, Block 1,
P. Oakview Center 2"d Addition in the NW '/ of Section 12.
D REZONING, PRELIMINARY PLANNED DEVELOPMENT, and PRELIMINARY SUBDMSION - Red Pine
Crossing — CNH Architects — A Rezoning of 9.82 acres from NB (Neighborhood Business) to PD (Planned
Development), A Preliminary Planned Development to, create mixed use neighborhood commercial development, and
A Preliminary Subdivision of 9.82 acres to create 3 lots located in the SE '/4 of Red Pine lane and State Hwy 3 in
Section 36.
P'E. RECEIVE Petition and Authorize Preparation of. Feasibility Report for Project 929 (Red Pine Lane Upgrade
,r Street Improvements)
1pIQ CONDITIONAL USE PERMIT -Community Center- City of Eagan — A Conditional Use Permit to allow a pylon sign
11 `` located at 1501 Central Pkwy in the SE '/4 of Section 9.
VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE
F-ZI I IX. ECONOMIC DEVELOPMENT AUTHORITY
The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA')
may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council.
A. CALL TO ORDER
ADOPT AGENDA
P. Z APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
1. SOUTHEAST EAGAN — Receive Substandard Condition Report and Request for Consideration of the
Creation of Renewal and Renovation Tax Increment Financing District for a Portion of the Area
Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan and
F• I.In2. Request that the City Council Call for a Public Hearing
CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to Enter into Negotiations for the
Potential Acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial
Highway
F. OTHER BUSINESS
G. ADJOURNMENT
X. ADMINISTRATIVE AGENDA
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
City of Eapt
To: HONORABLE MAYOR & COUNCILMEMBERS
From: CITY ADMINISTRATOR HEDGES
Date: MARCH 31, 2006
Subject: AGENDA INFORMATION FOR APRIL 4, 2006 CITY COUNCIL MTG
ADOPT AGENDA,
After approval is given to the April 4, 2006 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
III. RECOGNITIONS & PRESENTATIONS
A. RECOGNITION OF RETIRED VOLUNTEER FIRE CHIEFS
ACTIONS TO BE CONSIDERED:.
To recognize all former City of Eagan Fire Chiefs.
FACTS:
➢ The City of Eagan has been extremely fortunate to have nine dedicated volunteers who have
served as Eagan Fire Chief between 1963 and 2006.
➢ It would not have been possible to maintain one of the largest volunteer fire fighting
departments in the State had it not been for the leadership of these nine men.
➢ As the City and the Eagan Fire Department together enter a new stage of having a full time
Fire Chief in Mike Scott, we want to take this opportunity to recognize and thank the Chiefs
who have come before him.
➢ We especially want to recognize our most recent Fire Chief, Bob Kriha, under whose
exemplary leadership and guidance the City was able to successfully transition to a fulltime
Chief.
➢ The following men have served the City of Eagan has volunteer Fire Chiefs:
Don VanEngen
July 1963 -May 1967 (deceased)
Ted Ringberg
May 1967 -August 1967
Bill Schultz
August 1967 -November 1977 (currently in Arizona, and corning
back to Minnesota later this week)
Bob Childers
November 1977 -July 1986
Richard Schindeldecker
July 1986 -December 1986
Ken Southorn
December 1986 -November 1992
Dale Nelson
December 1992 -November 1995
Craig Jensen
December 1995 -December 2003
Robert Kriha
December 2003 -March 2006
➢ At this time, the Mayor and City Council will present Chief Kriha with a plaque to honor his
recent service as Fire Chief, and present the other former Chiefs with certificates of
appreciation for their service to the City of Eagan.
Z
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed from
the'Consent Agenda and placed under Old or New Business unless the discussion required is brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the March 21, 2006 regular City Council meeting and the March 14,
2006 special City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the March 21 2006 regular City Council meeting are enclosed on pages 4
through.
•
Minutes.9 the March 14, 2006 special City Council meeting are enclosed on pages
through .
3
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL D/?AFr
Eagan, Minnesota
March 21, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councilmembers Fields, Maguire and Tilley. Councilmember Carlson was not present. There
were no visitors who wished to be heard.
A.regular meeting of the Eagan City Council was held on March 21, 2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Fields, Tilley,. and Maguire. Councilmember Carlson was
absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City
Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative
Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye:5 Nay:0
RECOMMENDATIONS AND PRESENTATIONS
OATH OF OFFICE — FIRE CHIEF
Mayor Geagan administered the Oath of Office to Michael Scott, the City's new full-time Fire Chief.
PRESENTATION REGARDING EAGAN HURRICANE KATRINA RELIEF EFFORTS
Ken Southorn, Part-tim Emergency Manager, and Communications Director Tom Garrison made a presentation
regarding recent Hurricane Katrina relief efforts in Pass Christian, Mississippi.
CONSENT AGENDA
It was noted that item J regarding the Diffiey Marketplace would be pulled for discussion.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as
amended. Aye:4 Nay:0
A. Minutes. It was recommended to approve the minutes of the March 6, 2006 regular City Council meeting
and the February 13, 2006 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Robert Muller as a Parks Maintenance Worker.
C. Check Registers. It was recommended to ratify the check registers dated March 9, 2006 and March 16,
2006 as presented.
D. Tem gM On -Sale Liquor License. It was recommended to approve a temporary on -sale liquor license for
the Eagan Foundation and waive the $150 license fee.
E. Designato Depository- It was recommended to designate Anchor Bank as a depository for City funds.
F. Certificate of Release of Land. It was recommended to approve a Certificate of Release of Land from
Waiver of Objection to Special Assessments.
G. Assistance to Firefihters Grants Program. It was recommended to authorize an application for the
Assistance to Firefighters Grant to cover cost of new radio equipment for the 800 MHz radio system.
H. Qwest Contract Renewal. It was recommended to renew a contract between Qwest and the City of Eagan
for E91.1 PSAP equipment and maintenance agreement.
I. Final Plat. It was recommended to continue action on the Vacation of easements and the Final Plat for
Halley's 2"a Addition to the May 16, 2006 City Council meeting.
J. Pulled for discussion Miffiev Marketplace).
K. Removed from agenda prior to meeting.
L. Tobacco License. It was recommended to approve a tobacco license for Adel Dhanani at 4206 Nicols
Road.
Eagan City Council Meeting Minutes
March 21, 2006
Page 2
M. Donation. It was recommended to accept a donation of $300 from the Eagan Senior Program Advisory
Board for Parks and Recreation.
N. Changes in Fees. It was recommended to approve the following policy change to the Parks and Recreation
Fees and Charges Policy: Allow the charge of'a $50 protest fee to a team that chooses to protest a rule
an eligibility from adult league play.
O. Accept Grant Funding. It was recommended to accept grant funding in the amount of $4,600 from LCTS to
target individuals and families living in low income, high density, isolated neighborhoods.
P. Municipal State Aid Route Designation. tion. It was recommended to approve a resolution requesting the
Minnesota Commissioner of Transportation's approval of the designation of various existing street
segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal
State Aid (MSA) roadway system.
Q. Develoment Acceptance & Maintenance. Authorization. It was recommended to acknowledge the
completion of improvements for City Project No. 05-D (Cedar Bluffs Business Center) under terms of the
Development Agreement and authorize perpetual City maintenance subject to warranty provisions.
R. Proiect 719. It was recommended to approve an Agreement for Preliminary Engineering for Project 719
(Diffley Road and Rahn Road — Traffic Study of Intersection Upgrade) with the Dakota County
Transportation Department and authorize the Mayor and Deputy City Clerk to execute all related
documents.
S. Contract 05-08. It was recommended to approve plans and specifications for Contract 05-08 (Lone Oak
Drive and Lone Oak Parkway — Trail Improvements) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Thursday, April 20, 2006.
T. Claim for Damages. It was recommended to receive the recommendation from the Public Works
Committee, approve the proposed settlement agreement with Henry Jandewerth (1704 Walnut Lane) and
authorize the Mayor and Deputy City Clerk to execute all related documents.
U. Project 918. It was recommended to approve an Easement Agreement for Project 918 (Pilot Knob Road
and Lone Oak Road — Street and Traffic Signal Improvements) with the owners of Parcel 10-18300-010-02
and authorize the Mayor and Deputy City Clerk to execute all related documents.
V. Business Window Signage Task Force. It was recommended to authorize the formation of a Business
Window Signage Task Force and postpone enforcement of Window Sign Provisions of the City Sign Code
pending "Council action on the Task Force Report.
J. Final Plat and Final Planned Development — Diffley Marketplace — Diffley Ventures — A Final Plat of 10.64
acres and a Final Planned Development to allow a commercial retail development including a grocery store,
two multi -tenant retail buildings located on Outlot A, Lexington Pointe Seventh Addition in the NW '/4 of
Section 26.
City Administrator Hedges 4nd Public Works Director Colbert explained that a % access at Diffley Road and a one-
way entrance only access from Daniel Drive was denied by the County's Physical Development Committee at their
March 21 meeting. It was recommended this item be continued until April 4 to allow time to reconsider options.
Councilmember Fields stated she would like Council to meet with representatives of Dakota County to discuss the
access issues.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat
(Diffley Marketplace) to create one lot on approximately 10.94 acres located south of Diffley Road and east of
Lexington Avenue, legally described as Outlot A, Lexington Pointe 13'' Addition and Outlot A, Lexington Pointe 7s'
Addition, in the NW '/4 of Section 26 to the April 4, 2006 regular City Council meeting. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE — ROGER AND MARCIA JOHNSON
City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum
building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at
1781 Gold Court. City Planner Ridley gave a staff report.
Roger Johnson, applicant, discussed the proposed addition and variance.
Eagan City Council Meeting Minutes
March 21, 2006 DRAFT
Page 3
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the
20%.maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove
No. 6, located at 1781 Gold Court in the NE 1/4 of Section 20. Aye: 4 Nay: 0
PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT O MARY STREET AND UTILITY
IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges, introduced this item regarding the final assessment roll for TH 55 North Frontage Road /
Gift of Mary street and utility, improvements. Public Works Colbert gave a staff report.
Mayor Geagan opened the public hearing.
John Cina, 3402 Highway 55, objected to the assessment to his property stating he would not benefit from the street
improvements. Council explained the senior citizen deferment option for Mr. Cina and suggested he meet with
Administrative Services Director VanOverbeke.
There being no further public comment, Mayor Geagan closed the public hearing and turned. discussion back to
Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 874 (TH North Frontage Road / Gift of Mary — Street and .Utility Improvements) for Parcels 10-3800-070-02
and 10-01200-060-02 and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
OLD BUSINESS
CLARIFICATION FOR HAWTHORNE RIDGE — EXCEL DEVELOPMENT
City Administrator Hedges explained that Excel Development is seeking City Council clarification regarding
restaurant uses in the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner Ridley provided
background information.
Several area residents and a representative of Cooper's Restaurant expressed their concerns regarding increased
traffic, lighting issues, and odors should a restaurant be allowed on the site. Other residents stated a coffee or
sandwich shop would be welcome provided traffic did not become an issue.
After discussion, it was the consensus of Council to honor what was agreed to with the neighborhood during the
rezoning of the property from Agricultural to Neighborhood Business and not allow a restaurant on the site. It was
further agreed that the guideline for what defines a restaurant would hinge on the state requirement for a restaurant
license.
NEW BUSINESS
PRELIMINARY SUBDIVISION (GOPHER COMMONS) — GOPHER RESOURCES
City Administrator Hedges introduced this item regarding a.request for a variance to the County's Access Spacing
Guidelines for the proposed Gopher Commons subdivision. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to request a Variance to
the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. Aye: 4 Nay: 0
rJ40
Eagan City Council Meeting Minutes
March 21, 2006
Page 4
BORCHERT LANE
NO PARKING
City Administrator Hedges introduced this item regarding a resolution to prohibit parking on the northeast side of
Borchert Lane. Public Works Director Colbert gave a staff report.
Counci ember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution to prohibit parking on
the no east side of Borchert Lane and authorize the Mayor and Deputy Clerk to execute all related documents.
Aye:4 ay:0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges provided an update regarding bonding issues currently being addressed at the State
Legislature.
Councihnember Fields suggested that a letter of congratulations be sent to Congressman Ramstad who was recently
named Congressman of the Year by N.O.I.S.E.
The regular City Council meeting was recessed at 8:10 p.m. and a meeting of the Economic Development Authority
was immediately convened.
The regular City Council meeting was reconvened at 8:45 p.m.
There were no items.
ADMINISTRATIVE AGENDA .
VISITORS TO BE HEARD
A Petition was submitted by a retail owner of Cedarvale shopping Center for a dinner theater, fine arts and
community theater.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 8:50 p.m. Aye: 5 Nay: 0
Date
Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122; (651) 675-5000, (TDD phone: (651) 4544535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
7
MINUTES
SPECIAL CITY .COUNCIL MEETING
MARCH 14, 2006
5:30 P.M.
EAGAN ROOM — EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, and
Maguire. Councilmember Tilley was out of town attending the National League of Cities
Conference.
City staff present: City Administrator Hedges, Assistant to .the City Administrator Miller,
Director of Administrative Services VanOverbeke, Director of Community Development
Hohenstein, Administrative Intern Walz, Public Works Director Colbert, Superintendent of Streets
Struve, City Planner Ridley, Deputy Police Chief McDonald, and Director of Communications
Garrison. City Attorney Mike Dougherty was also present.
I. ROLL CALL AND AGENDA ADOPTION
Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember
Maguire seconded a motion to adopt the agenda.
Aye: 3; Nay: 0 (Councilmember Carlson not yet present.)
II. SIGN CODE / WINDOW SIGNS
City Administrator Hedges introduced the item noting that the Eagan City Code establishes
standards under which signs are regulated within the City of Eagan. Hedges added that in 2005, the
City Council directed the Advisory Planning Commission and staff to study possible changes in the
regulation of temporary signs and additional regulation for window signage. At that time, Hedges
added that information about the proposed changes were distributed by the Chamber to its members.
It was noted that an article about the changes was also included the Eagan Business News
newsletter, and a press release was provided to the local media to highlight the changes in the
regulation of temporary signs and additional regulation for window signage. Hedges noted that the
code amendment was adopted in the summer of 2005. Hedges added that since the changes to the
sign code have gone into affect, the City and the Chamber have received a number of questions and
concerns regarding the implementation of the new regulations for window signage and, therefore,
due to these concerns, members of the City Council directed that a discussion item be placed on
tonight's agenda.
Ruthie Batulis, President of the.Northern Dakota County Chambers of Commerce, as well as
John Curlee of Curlee State Farm, and Buzz Anderson, President of Minnesota Retailers
Association, addressed the City Council with their concerns regarding the window signage changes.
Ms. Batulis made a request of the City Council to consider placing a moratorium on the sign code
changes in order to allow for the formation of a task force to further discuss the proposed changes to
the sign code, particularly with regard to window signage. The three representatives that address
5 �-P'
the City Council also noted the excessive burden that the code changes have placed on Eagan
businesses.
The City Council discussed the concerns voiced by the Chamber of Commerce and business
community. Mayor Geagan also recognized many business owners and representatives in the
audience.
Councilmember Carlson arrived at 5:40 p.m.
Following Council discussion, Mayor Geagan moved; Councilmember Fields seconded a
motion to enact a moratorium on the sign code amendment for a period of 60 days and establish a
task force to include two Councilmembers (Councilmembers Fields and Maguire), two members of
the Advisory Planning Commission, Chamber President Batulis, and four diverse business
representatives within ,the City of Eagan. The recommendations of the task force are to be brought
back within 60 days.
Aye: 4; Nay: 0
The City Council recessed from 6:10 to 6:20 p.m.
The City Council workshop reconvened at 6:20 p.m.
III. BROADBAND OVERVIEW
City Administrator Hedges introduced the item noting that in February 2004 the Eagan City
Council gave direction to form the first Technology Task Force and began examining what Eagan's
citywide Internet connectivity goals could or should be. Hedges added that the 2006 priorities for
the Technology Working Group include reporting back later this spring on recommendations for the
highest and best use for an 11.5 mile conduit route that Eagan owns, determining recommendations
regarding wireless needs, and determining how to attract world class Internet speeds to Eagan.
Lastly, Hedges added that in November of 2005, the City Council approved hiring the consulting
firm of Dynamic City to provide the City and the working group with the specific market and
engineering analysis regarding best use options for the conduit and also to supply expertise about
fiber options that could provide Eagan.world class Internet speeds.
Communications Director Garrison introduced three consultants representing Dynamic City.
Keith Wilson, CEO of Dynamic City, provided a presentation to the City Council on world class
broadband.
Following.Mr. Wilson's presentation, the City Council discussed broadband and Internet
needs within the City of Eagan. Communications Director Garrison noted that the consultants and
the Technology Working Group will be coming back to the City Council with options on how the
11.5 miles of conduit can be used within the City of Eagan.
Mayor Geagan thanked NDC Chamber President Ruthie Batulis for her involvement in the
broadband discussions.
4
IV. WINTER PARKING BAN ORDINANCE
City Administrator Hedges introduced the item noting that at the Council's Listening
Session on January 17, the City Council received a request from several property owners on Eagle
Crest Drive to change the City's current winter parking ban ordinance to rectify a concern they have
with a neighbor's vehicle frequently parked in front of their home. At that time, the Council
referred the matter to the Public Works Committee for further review.
Hedges added that on February 13, the Public Works Committee met with the Petitioners
and reviewed the substantial documentation provided by the impacted homeowners, the current City
ordinances, and parking bans of several other communities.
Public Works Director Colbert, Superintendent of Streets Struve, and Deputy Chief
McDonald provided overviews of the various options available. to the City -with regard to snow
removal and control of on -street parking year-round.
Councilmember Maguire highlighted the discussion that the Public Works Committee had
on the issue.
Deputy Chief McDonald provided an overview of how other cities enforce winter parking
ordinances.
The City Council discussed the concerns of the residents on Eagle Crest Drive as well as the
City's overall enforcement of the winter parking ban ordinance.
An Eagan resident addressed the City Council regarding the issues that he and his wife have
with regard to cars parking in their neighborhood during the winter.
Upon further Council discussion, Councilmember Fields moved; Councilmember Maguire
made a motion to deny a request to change the City's winter parking ban ordinance and noted that if
the residents on Eagle Crest Drive approach the City with solidarity on a parking proposal via a
petition process, then the City Council will consider such a petition.
Aye: 4; Nay: 0
V. ADOPT -A -STREET PROGRAM
City Administrator Hedges introduced the item noting that the City of Eagan currently does
not have a formal program that allows citizens or business groups to provide litter control and
general community cleanup in an organized fashion along our local streets.
Director of Public Works Colbert provided a proposal to the Council fortheir consideration
of adopting such an "Adopt -A -Street" Program for the City of Eagan.
The City Council discussed the proposed program and the cost associated with.
implementing it.
ro
Councilmember Fields moved; Councilmember Maguire seconded. motion to implement
the Adopt -A -Street Program in the City of Eagan, provided that signs placed on the adopted streets
be optional arid, if it is the desire of the group and/or individual to have their name added to a sign;
the sign must be purchased by the group and/or individual.
Aye: 4; Nay: 0
The City Council briefly discussed the most recent snow removal process following over 10
inches of snow that fell this week. Mayor Geagan complemented the City staff for their prompt
work on snow removal.
VI. 2006 LEGISLATIVE PRIORITIES
City Administrator Hedges introduced the item noting that in keeping with the City
Council's past practice, a list of 2006 legislative priorities has been developed for the Council's
consideration. Hedges noted that the priorities included a list of items in which the Council has
taken a formal position. Hedges also added that the priorities presented do not duplicate the efforts
made by the three lobbying organizations to which the City of Eagan belongs.
The City Council discussed the legislative priorities, including proposed legislation
regarding eminent domain. Mayor Geagan thanked Councilmember Carlson for testifying last week
with concerns regarding the eminent domain bill. Hedges noted the potential contractual
implications within existing TIF districts should such legislation move forward. The Council noted
that included in the priorities should be a request that a grandfather clause be added for TIF districts
already established through the State Auditors Office.
The City Council directed that a letter be sent to the City's legislative delegation with the
2006 legislative priorities. The Council also directed that in future years, a meeting be established
with the legislative delegation in advance of the session beginning. The Council also requested that
the legislative priorities be copied to the media.
VII. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION
City Administrator Hedges introduced the item noting that it is the City Council's practice to
meet with its Advisory Commissions at least once a year. City Administrator Hedges introduced
ARC Chair Chuck Thorkildson, who summarized the proposed 2006/2007 goals and workplan for
the ARC. The City Council and the ARC discussed the proposed work plan items, including a
realtor/resident survey to gauge the impact of airport noise on'the community.
The City Council took a short recess from 7:35 to 7:45 p.m.
The meeting reconvened at 7:45 p.m.
The City Council and the ARC discussed the current representation the City of Eagan
receives on the Metropolitan Airports Commission (MAC). The City Council and members of the
ARC noted the impact the airport has on Eagan and thus the need for additional representation on
the MAC. The Council and ARC discussed the merits of the City of Eagan receiving a seat on the
MAC, as well as the possibility of Eagan joining with other communities within the 65 DNL noise
contours to lobby for one of the at -large seats on the MAC that is currently assigned to an out -state
representative.
The City Council concurred with sending correspondence to the City's legislative delegation
regarding representation on the MAC, and suggested that it be noted that the MAC districts need to
be explored for possibleredistricting in the near future to better represent population distribution
and impact of MSP Airport.
Councilmember Carlson suggested that a survey be included iri the Eagan Welcome Packet
regarding how airport noise impacted a resident's decision to purchase a home.
Mayor Geagan thanked the Airport Relations Commission for their work this past year in
preparation of the opening of the new runway.
VIII. OTHER BUSINESS
The City Council and City Administrator Hedges briefly discussed the need to schedule a
workshop and Advisory Commission applicant interviews in the month of April. The City Council
agreed that Commission interviews will take place on April 25, with appointments being made on
May 2, 2006.
At the request of Councilmember Carlson, the City Council agreed that a letter should be
sent to all businesses that are present at the workshop tonight regarding their concerns with the
changes to the sign code. It was noted that.the letter should include a brief summary of the
communications process that was in place when the ordinance was drafted as well as a summary of
the, moratorium and task force that was established at tonight's meeting. The Council also
suggested that when the task force members are appointed, that their names be included on the
City's website. The City Council also requested that the list of communities surveyed with regard to
window signage ordinances be expanded and also that Eagan be included on the survey. .
IX. ADJOURNMENT
Councilmember Fields moved; Councilmember Maguire seconded a motion to adjourn at
8:25 p.m.
Aye: 4; Nay: 0
11
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Utilities Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Steve Evanson as a Utilities Maintenance Worker contingent upon
successful completion of physical, drug and agility testing.
Item 2. Retirement/Administrative Secretary -Police -
ACTION TO BE CONSIDERED:
To acknowledge the retirement of Linda Bendt, Administrative Secretary, in the Police
Department.
FACTS:
• Linda Bendt has been an employee in the Police Department for 23 years.
• The City Council will officially recognize Ms. Bendt at the April 18, 2006 City Council
meeting.
Item 3. Resignation/Water Production Maintenance Worker --
ACTION TO BE CONSIDERED:
To accept the resignation of Jay Morgan, Water Production Maintenance Worker.
/u3
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated March 23, 2006 and March 30, 2006
as presented.
ATTACHMENTS:
Check registers dated March 23, 2006 and March 30, 2006 are enclosed without page
number.
10.
Consent Agenda Information Memo
April 4 2006 Eagan City Council Meeting
D. Adopt Proclamation of National Public Safety Telecommunications
Week/Recognition of Dispatchers
ACTION TO BE CONSIDERED: To recognize the week of April 9-15, 2006, as
National Public Safety Telecommunications Week.
FACTS:
• It has been declared that the week of April 9-15 is National Public Safety
Telecommunications Week..
• The Eagan Police Department currently has 12 dispatchers.
• With the consolidation of all communications centers in Dakota County, this will
be the last year the Eagan Police Department has dispatch employees.
• The City of Eagan recognizes the hard work of the Eagan Police Department
Dispatchers by adopting this week as National Public Safety Telecommunications
Week.
• There will be a reception to recognizes our dispatchers on April 11, 2006, a@
4:00pm in the EOC.
ATTACHMENTS
Attached on pages is a list of weapons
1.5
PROCLAMATION
NATIONAL PUBLIC -SAFETY
TELECOMMUNICATIONS WEEK
APRIL 9-15,2006
WHEREAS, emergencies can occur at anytime that require law enforcement,
fire or emergency medical services, and
WHEREAS, when an emergency occurs, the prompt response of law
enforcement, firefighters and paramedics is critical to the protection of life
and preservation of property; and
WHEREAS, public safety call takers, telecommunicators, and dispatchers are
the first and most critical contact our citizens have with emergency services
and are often considered the community's "first" first responders; and
WHEREAS, 9-1-1 call/taker/dispatchers are a vital link for our emergency
responders by monitoring their activities, providing responders with
information and helping to ensure their safety; and
WHEREAS, call takers and dispatchers demonstrate compassion,
understanding and professionalism during the performance of their job;
NOW THEREFORE BE IT RESOLVED that the City of Eagan.
acknowledges National "Public Safety Telecommunications Week" in honor
of the men and women whose diligence and professionalism keep our city and
citizens safe.
Honorable Patrick Geagan, Mayor
City of Eagan
I (P
Agenda Review Memo
April 4, 2006
Regular City Council Meeting
CONSENT AGENDA:
E. Off -Sale Liquor License and Tobacco License for Diffley Liquor, Inc. (dba
Blackhawk Liquor) located at 4130 Blackhawk.Road
ACTION TO BE CONSIDERED:
Approve an Off -Sale Liquor License for Diffley Liquor, Inc. (dba Blackhawk Liquor)
located at 4130 Blackhawk Road
Approve a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at
4130 Blackhawk Road
FACTS:
• Diffley Liquor, Inc. is purchasing the current Blackhawk Liquor store at 4130
Blackhawk Road
• Diffley Liquor, Inc. will operate as a corporation.
• The business will continue to operate as Blackhawk Liquor.
• The Police Department has conducted a background investigation and finds no
reason to deny the applications. .
• All fees have been paid and staff deems both the liquor and tobacco licenses in
order for approval.
ATTACHMENTS:
None
(The application and background information is available for review in Administration)
Consent Agenda Information Memo
April 4 2006 Eagan City Council Meeting
F. Police Department Furniture Declared Surplus Property
ACTION TO BE CONSIDERED: Declare Police Department office furniture as
surplus to be disposed of as refuse.
FACTS:
• The police department replaced office furniture that was approximately 20 years
old.
• Other city departments had the opportunity to claim the items for department use.
• The original furniture was dilapidated and would have no value.
ATTACHMENTS
Attached on pages Apoogh is a list of weapons
City of Ea an
POLICE
DEPARTMENT
March 24, 2006
KENT THERKELSEN
Chief of Police To: Lieutenant Duane Pike
JAMES MCDONALD
Deputy Chief of Police From: Lynn Vasquez
Subject: Surplus Furniture
On March 10' the below listed items were removed from the Police Department and
placed in storage at the Maintenance Facility. The list of items needs to be put on
the City Council agenda to be declared surplus property so that it can be disposed of.
Before these items were removed from the Police Facility, other departments were
3830 Pilot Knob Road given the opportunity to claim any items for official use.
Eagan, MN 55122-1897
Phone: 651.675.5700 These are the items were not claimed for reuse and were removed to the Maintenance
Fax: 651.675.5707 Facility:
TDD: 651.454.8535
www.cityofeagan.com OTTY ITEM DESCRIPTION ASSET # CONDITION
4 Chairs, black metal, no arms N/A Poor, worn
2 Chairs, conference style, gray 4269/4282 Poor, worn
PAT GEAGAN 1 Task Chair, wheels, gray 4291 Poor, torn seat
Mayor 1 Computer Desk N/A Good
3 Black metal desk 121 & N/A Poor, chipped
PEGGY CARLSON
CYNDEE FIELDS paint
8 Black metal desk, with return 134/129&N/A Poor, chipped
MIKE EE FIELDS
E
MEG TILLEY paint
Council Members 1 Wood podium, green trim None Good
1 Book shelf, black metal 130 Poor, scratched
THOMAS HEDGES 4 File Cabinet, 4 drawer, metal 1633/176/154 good
City Administrator & N/A
THE LONE OAK TREE
The symbol of strength
and growth in our
community.
I
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
C7 )( SET PUBLIC HEARING DATE FOR MAY 2, 2006
TO CERTIFY DELINQUENT UTILITY BILLS
ACTION TO BE CONSIDERED:
To set a public hearing for May 2, 2006 to consider the final assessment of the delinquent
utility bills and certify them to Dakota County for collection with property taxes.
FACTS:
On a semi-annual basis, the City reviews and considers delinquent utility balances for
certification to property tax statements for collection.
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
H. Certification of Delinquent Invoice
ACTION TO BE CONSIDERED:
To set a public hearing for May 2, 2006 and consider the final assessment roll for this `
property
FACTS:
In January of this year the owner of the Shell Station on Cedarvale Blvd was
asked by a representative of our fire department to board up the station after a fire. When
Mr Dyab (the owner of record) failed to do as asked, the city had the work done and
billed him. The owner has not responded to the original bill nor to the reminder sent out
in February.
ATTACHMENTS:
Copy of invoice and attachment as sent to Mr Dyab-2 pages 22r?b
?j
Remit TO:
CITY OF EAGAN
3830 PILOT KNOB ROAD
EAGAN MN 55121
651675-5021
wiling Addma: 119204
BASSIL DYAB
3830 SIBLEY MEMORIAL HIGHWAY
EAGAN, MN 55122
i
INVOICE
2527
Invoice Date
1/27/06
Due Date
WMUN 30 DAYS OF INVOICE DATE
INVOICE Remark Amount
BOARD UP SHELL STATION 410.00
INVOICING CHARGE 10.00
Total Amount Invoiced 420.00
Sales Tax
Total Balance Due 420.00
ro
INVOICEc>'0-0-'3,
I C""C� 1- 19
2808 Cliff Road E. • OFFICE (952) 898-1900
BurnwMe, mm 5833.7 • FAX (932) 895-1914E
To: City of Eagan Invoice No: 05600-9
Invoice Date:_ 11/28/05
re: Shell gas station board up Due Date: Upon Receipt
• After business hours carpenter labor 2 hours @" $130/hour
• Truck and generator charge
4
%01.1315
Balance Due ........................
THANK YOU, for this opportunity to be of service.
RONEL CORPORATION
Tax I.D. No. 41-1550036
Amount
$260.0
$150.00
3410.001
Agenda Memo
April 4, 2006
Regular City Council Meeting
CONSENT AGENDA:
I. Use of Community Center for Miss Eagan Pageant
ACTION TO BE CONSIDERED:
Approve the use of the Community Center at no charge for the. Miss Eagan Pageant
during the 0 of July festivities
FACTS:
•. The 4th of July Committee is planning to continue the Miss Eagan Pageant as part
of the July 4 Festivities again this year
• The Committee is requesting use of the following rooms at no charge:
❖ Large meeting room for gown, speech and talent competition
❖ Three small rooms for girls dressing rooms
❖ One large conference room (upstairs) for Pageant Head Quarters for
paperwork
❖ Lone Oak Room for Judge's interview room
• The requested dates are:
-*o Wednesday, June 28th — 2:00 p.m. —11:00 p.m:
❖ Thursday, June 29th — 2:00 p.m. —11:00 p.m.
• It has been past practice of -the City to allow the 4th of July Committee to use the
Community Center at no charge for this pageant
ATTACHMENTS:
• Attached as pageis a copy of a letter from Chris Kilgaffiff, the Pageant
Coordinator to the City Council
24
Dear City of Eagan Council Members,
The 4 of July Committee is planning to continue the Miss Eagan Pageant as a part of the
July 4 Festivities again this year. The Pageant will be an opportunity ity for young girls 8 to
18 years old to have a role in the July 4 Festivities. The Committee is trying to keep the
cost of the pageant as low as possible. We are again requesting the use of the Eagan
Community Center as the location of the pageant. This would keep all of the 4 of July
activities centered on the Eagan Park and Community Center. We would like the use of
the Center on the following days:
Wednesday, June 28th---- 2:00 PM - 11:00 PM
Thursday, June 29th------ 2:00 PM - 11:00 PM
We are in need of the following rooms:
Large meeting room for Gown, Speech and Talent Competition
3 Small rooms for Girls .dressing rooms
1 Large conference room (upstairs) for Pageant Head quarters for paperwork
Lone Oak Room/Senior Center for Judge's interview room
The 4 of July Committee is requesting that the fee for the rooms be waived for the use of
the Pageant activities.
Since the crowning of the Miss Eagan in July 2004 and 2005 the Queens and Princesses
have participated in many activities in Eagan and the surrounding communities. The
following is a list of the parades and personnel appearances of Miss Eagan.
Eagan 4 of July Parade
Apple Valley 4 of July Parade
Burnsville Fire Muster Parade
Inver Grove Heights Parade
Anoka Halloween Parade
Eagan's National Night Out
Represented Eagan at the Miss Anoka Pageant
Represented Eagan at the Lakeville Pageant
Lakeville Pan O Prag Parade.
West St Paul Parade
Leprechaun Days parade
Thank you for considering our request.
Sincerely,
Chris Kilgarriff
Miss Eagan Pageant Coordinator
115
Agenda Memo
April 4, 2006 City Council Meeting
J. APPROVE ADVERTISEMENT FOR STATEMENT OF QUALIFICATIONS AND
QUOTES (SOQQ) FOR PATRICK EAGAN PARK MASTER PLAN.
ACTION TO BE CONSIDERED:
Approve the advertisement for Statement of Qualifications and Quotes for the development of Patrick
Eagan Park Master Plan.
FACTS:
• The development,of a master plan for Patrick Eagan Park was part of the Council approved CIP for
2006.
• The APrC worked with staff to develop the Statement of Qualifications and Quotes to begin the
search for a consultant to provide the level of detail that will help with the long term goals for the
vision of this park.
• The primary focus for the consultant will be to identify the resources that are contained within the
park, develop a maintenance strategy, define potential opportunities that might be considered by the
city in the.short and long term, and help to create a vision that will allow this park to remain natural
but invite pedestrian access and enjoyment.
• The SOQQ requires a significant amount of public feedback and input which will provide the
Council with a general overview of public opinion regarding this special property.
ATTACHMENTS:
• Copy of SOQQ on pages 21
Patrick Eagan Park Master Plan
City of Eagan
General Notice:
1. The City of Eagan Parks and Recreation Department is requesting
Statements of Qualifications and Quotes (SOQQ) from consultants with
prior experience in evaluating natural resources and developing park
master plans. The proposed project includes completion of a resource
inventory, the creation of a Master Development/Management Plan for
Patrick Eagan Park and development of decision making criteria for
evaluating future open space/park land purchases.
2. Response to SOQQ is due not later than noon on Friday, April 28, 2006 to
the address listed below. Proposals received after this date and time will,
not be considered.
Juli Seydell Johnson, Director of Parks & Recreation,
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
3. Each proposal shall be submitted with six (6) copies in an envelope clearly
marked with the Project's title, "Patrick Eagan Park Master Plan". The fee
quote shall be submitted under a separate, sealed cover using the form
provided by the City of Eagan.
4. Prebid meeting will be held on Tuesday, April 18, 10:00 a.m. at Eagan City
Hall, 2820 Pilot Knob Road.
5. Questions directly relating to any matter contained in this request for
proposal shall be directed ONLY to Juli Seydell Johnson, Director of Parks
& Recreation at 651-675-5500 or isiohnson(W-cityofeagan.com.
21
Purpose:
The goal of this process is to create a plan for an innovative public space that
preserves the natural character of the park while allowing the general public
access to interact with the community and the environmental features of the park.
Introduction:
PATRICK EAGAN PARK
BACKGROUND NARRATIVE
Patrick Eagan Park is the largest tract of City park land in the Eagan system.
Consisting of approximately 114 acres, the park is located in the south center of
the City. The primary access is located on the east side of the park, off of
Lexington Avenue. A number of'informal, user developed accesses also exist,
most often originating from the surrounding residential developments.
Land for the park was acquired by the City of.Eagan, or Eagan Township prior to
1975, through a series of nine acquisitions, the first of which took place in 1972,
the last in 2004.The acquisitions have included two residences, both of which still
exist within the park and continue to be used. 'The Deerwood House on the west
side is currently leased as a residence while the McCarthy House on the east is
used for a variety of very popular studio arts programs. Funding for the
acquisitions has come from a variety of sources including the City,. and State and
Federal grants. A number of the grants have stipulations associated with them
that limit how the park may be improved or used, most being themed around
preservation and low impact.
The use of the property surrounding the park property is highly variable. Large
and small lot residential developments border significant portions of the park.. A
naturalistic, privately owned, "Art, Park" abuts the park on the south end. A City
owned, wooded; ten acre parcel, acquired in 2005 is located at the southeast
corner of the park but is considered as a buffer to the park versus an extension of
it. A large church is located on the Northeast border. The church and City share a
paved parking lot located just north of the existing primary access from Lexington
Avenue. This access point is soon to be eliminated and replaced with an access
that flows directly into the paved lot and is controlled by a four way semaphore
aligned with Northview Park Road.
The character of the park itself can best be described as a steep natural bowl.
The heavily wooded perimeter slopes to a wet land complex located at the
bottom. The wetland complex functions as a significant component of the City
storm water system, serving primarily as a retention basin. The natural inflows
and outflows have been altered by the installation of control structures. The water
quality is highly variable, depending upon climatic conditions. Erodable soils exist
on several of the slopes with a number of active gullies having been formed. The
woodlands are, also highly variable ranging from natural stands of mature oaks to
stands of box elder and elm in areas that had been disturbed. Stands of
coniferous trees that may have been introduced into the park can also be found.
The most recent acquisition included several acres of what had been pasture
land.
Planned improvements within the park have been minimal. A series of natural
surface trails of varying width meander through park and loop the wetlands. The
trails are now used exclusively for hiking. Because of the difficulties associated
with the steep slopes and potential impacts to the narrow trails, attempts at
maintaining cross-country ski trails were' abandoned after several years. A
number of wooden benches and some minimal interpretative signage have been
installed along the trail by various Eagle Scouts.. Maintenance of the park has
mirrored the minimalist approach to improvements being limited primarily to
mowing and clearing the trail corridors and removing hazard and diseased trees.
Attempts to contain the spread of invasive, non-native species have been
accelerated in recent years.
19
Scope of Service
This project contains three sub -projects described below:
1. Natural Resource Inventory and Management Plan
a. Complete an inventory of current natural resources of the site.
b. Develop a natural resource management plan that maintains or
enhances the natural resources found on the site in concert with
the recommendations of the Master Plan.
c.._ Provide a budget of probable costs for recommended ,restorative
work in order of priority.
d. Complete a wetlands delineation for the park..
2. Master Development Plan for Patrick Eagan Park.
a. Plan is to include the following:
L Trail plan, including connection(s) with overall City trail
system.
ii. Vehicle, pedestrian and bicycle entrance and parking area
plan.
iii. Identify interpretive opportunities.
iv. Signage plan including entrance, directional and interpretive
signs.
v. Plan for additional public use amenities including bike racks,
rest stations, benches, and. public art.
vi. Recommendation regarding continued sharing of park area
with Eagan Art House and possible expansion by Art House.
vii. Recommendation regarding other potential buildings/uses
for eastern portion of site.
viii. Provide a budget of probable cost for construction or
recommended improvements.
b. Assessing Community Needs — At minimum, consultant will
conduct the following meetings:
L Background/tour with City staff.
ii. Individual meetings with up to four stakeholders/neighbors:
Eagan Art House, Friends of Patrick Eagan Park, Caponi Art
Park Board, and other nearby land owners.
iii. Two public forum/input meetings — one before concept is
developed and one to present draft concept.
iv. Workshop with Eagan Advisory Parks and Recreation
Commission and City Council.
v. Presentation of Plan to joint APrC/City Council Workshop.
c. Provide an artist's rendering of the site including elevations of
typical structures/public areas..
50
d. Develop criteria and process for evaluating and prioritizing potential
park land additions based upon how the acquisition may benefit the
overall park system. Specific properties will not be identified at this
time.
L Meet with the APrC in a workshop setting to discuss and
develop criteria/system.
1. Rating of parcels being considered for open space.
2. Rating of parcels being considered for active park
space.
3. Rating of parcels being considered for a park -related
easement.
ii. Research and present examples from other communities.
31
Schedule:
Tentative Milestones
SOQQ Discussed at APrC March 20, 2006
SOQQ APrC Recommendation to Council March 20, 2006
SOQQ Council Approval April 4, 2006
SOQQ Sent to Prospective Firms Week of April 4, 2006
SOQQ Advertised April 8 & 15, 2006
SOQQ Due Date Noon, April 28, 2006
Evaluations of Proposals May 1-3, 2006
Interviews May 10, 2006
Consultant Award Date May 16, 2006
Public Meetings June -August 2006
Completion of Project Fall 2006
a70.
Response Content
Please include the following information in this order:
Cover Letter/Title Page
• Include a brief summary of the SOQQ, the name of the firm, local address,
telephone and fax number, name of the primary contact person, and the
date.
Table of Contents
• Include a clear identification of the material by section and page number.
Consultant Profile
• Please include the areas of general services and/or technical expertise of
the firm.
• Include qualifications of the firm as it relates to the specific services to be
provided.
• Include.same profile information for any sub -contracting firms included in
project team.
Qualifications - Resumes
• Include the qualifications and resumes of key personnel to be assigned to
this project. (Note that key personnel .may be requested to attend
interview.)
• Identify project manager for.this project.
,• Provide information regarding the proximity and accessibility to the site for
all personnel to be used on the project.
Qualifications,- References
• Please include a narrative description of municipal and private clients
where similar services were or are currently being provided by staff
identified in Resumes. Also include the name and telephone number of a
person who may be contacted at each agency. Please limit each example
to one page.
Qualifications —Procedure
• Describe your firm's approach to preparing the products described in the
Scope of Services.
• Submit in graphic and narrative form, a proposed project schedule relative
to your ability to meet the schedule as outlined, together with possible
revisions you feel necessary. Explain variations in time schedule, if any.
Other
• You may include a maximum of one page of additional information not
included above if you feel it may be useful and applicable to this selection
process.
ZZO)
• You may include one full example of a completed Park Master Plan that is
similar in scope to this project.
Quote - Fees
• Under separate, sealed cover, provide a quote for each project area on
the quote sheet included with this packet. Include fees for staff, related
billable hours, materials, travel, photography, research (including copying
and related materials), and a total "not to exceed" cost.
Selection Process
Process: The selection process of a design firm will follow these basic steps:
1. Receipt and review of statements of qualifications
2. Narrow selection to three to five firms
3. Interviews with best qualified firms
4. Ranking of the top firms to identify the best qualified firm
5. Recommendation by the Advisory Parks Commission to the City Council to enter
into a contract with the selected firm.
6. Negotiation with the top ranked firm for scope of serviceJees.
Criteria: Criteria to be used by the City in evaluation of proposals will include the
following:
1. Professional abilities of the design
2. Relevant project experience of the design firm
3. Qualifications of personnel to be directly involved with this project
4. Working relationship of design firm with previous clients
5. Quality and relevance of example(s) provided in proposal and interview.
6. Responsiveness of proposal to program and timeframe outlined in this request
for SOQQ
7. Current and projected workloads that might affect the firm's ability to perform the
required work on schedule
8. Specialized qualifications of the design firm
3U
Statement of Qualification Evaluation Criteria:
Submittal of SOQQ and review of responses by City staff and the City Council is
meant to determine which firms may be interested and qualified to perform such
services. The review does not obligate the City toward award of any contract or
retention of services.
SOQQ ETHICS
Proposing firms and their representatives are prohibited from contacting
any elected or appointed official for purposes of lobbying to secure a
potential contract.
No elected official or employee of the City who exercises any responsibilities in
the review, approval or implementation of the SOQQ or potential subsequent
contract shall participate in any decision, which affects his or her direct or indirect
financial interest.
It is a breach of ethical standards for any -person to offer, give, or agree to give
any City employee or Council person, or for any City employee or Council person
to solicit, demand, accept, or agree to accept from. another person or firm a
gratuity or an offer of employment whenever a reasonable prudent person would
conclude that such consideration was motivated by an individual, group or
corporate desire to obtain special, preferential, or move favorable treatment than
is normally accorded to the general public.
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.
To remove any potential or actual conflict of interest, a Regular or Specialty
consultant representing any private party client submitting a project or activity to
the City shall not represent or review the project or activity on behalf of the City.
The firm shall not accept any private client or project which, by nature, places it in
ethical conflict during its representation of the City of Eagan.
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.
ACCEPTANCE/ REJECTION OF PROPOSALS
Proposals may not be withdrawn for 60 days after the receipt of proposals
without the consent of the City of Eagan. The City of Eagan reserves the right to
accept any proposal, to reject any or all proposals, to waive irregularities and
information in the proposal procedure, and to act in its best interest. An SOQQ
does not commit the City to award contract or share in any expenses of
515
preparing these proposals, including travel expenses related to the proposal
process.
AFFIRMATIVE ACTION
The City, of Eagan, Minnesota, has adopted a policy that it will not discriminate in
employment practices on the basis of race, color, creed, religion, sexual
orientation, 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 andhandicapped persons into its employment; and
that it will transact business only with firms who have adopted similar non-
discriminatory and affirmative action policies.
DISPOSITION OF RESPONSES
All materials submitted in response to this SOQQ will become property of the City
and will become public record after the evaluation process is completed and an
award decision made. If the Responder submits information that it believes to be
trade secret materials as defined by the Minnesota Government Data Practices
Act, Minn. Stat. § 13.37, the Responder must:
• Clearly mark all trade secret materials in its response at the time the
response is submitted,
• Include a statement with its response justifying the trade secret designation
for each item, and
• Defend any action seeking release of the materials it believes to be trade
secret, and indemnify and hold harmless the City, its agents and employees,
from any judgments or damages awarded against the City in favor of the party
requesting the materials, and any and all costs connected with that defense.
This indemnification survives the City's award of a contract. In submitting a
response to this RFQQ, the Responder agrees that this indemnification
survives as long as the trade secret materials are in possession of the City.
The. City is required to keep all the basic documents related to its contracts,
including the submitted SOQQ for a minimum of seven years.
The City will not consider the prices submitted by the Responder to be
proprietary or trade secret materials. .
Contents of SOQQ responses are private data until City Council takes action.
CITY OF EAGAN INFORMATION
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 and general administrative functions.
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, and all Council members are elected at
large for four-year terms.
Cily Administrator
The City Administrator reviews and coordinates all matters coming before the
City Council. He is responsible for the implementation of Council direction and
coordination and management of 'City departments on. a daily basis.
Advisory Parks & Recreation Commission (APrC)
The Eagan Advisory Parks Commission is an eleven member citizen's
commission appointed by the City Council. The commission reviews all
residential development proposals for park dedication requirements, reviews
recreational programs and. activities and determines long-range planning.
objectives for park acquisition and development.
Ci Staff
The City Administrator implements Council directions through the Department
Heads of six (6) City departments. For purposes of this proposal, the primary
department shall be Parks & Recreation.
Parks and Recreation Department
This department consists of forty (40) full-time employees and three hundred
(300) seasonal and part-time staff. This department oversees public recreational
programs and events, 54 parks totaling 1365 acres, the Eagan Civic Arena,
Cascade Bay Aquatic Facility, and the Eagan Community Center..
31
Agenda Memo
April 4, 2006 City Council Meeting
K. APPROVE PROFESSIONAL. SERVICES AGREEMENT WITH OUTDOOR
ENVIRONMENTS INC AND GOLFGREENS OF MINNESOTA TO DESIGN PLANS
AND SPECIFICATION FOR A MINIATURE GOLF COURSE WITHIN CASCADE BAY
AND AUTHORIZE STAFF TO OBTAIN COMPETITIVE BIDS FOR CONSTRUCTION
OF PROJECT.
ACTION TO BE CONSIDERED:
Approve the professional services agreement with Outdoor Environments Inc and Golf Greens of
Minnesota to develop plans and specifications for a miniature golf course within Cascade Bay and
authorize the Mayor to sign the appropriate documents.
FACTS:
• The City Council first reviewed the conceptual idea and design for a 9 -hole miniature golf course
within Cascade Bay on January 17, 2006.This is a unique proposal because the course will be
constructed with all artificial turf.
• Based on the initial construction cost estimate and projected revenue the Council directed staff to
pursue the proposal with the expectation that this amenity could be incorporated in time for the
2006 Cascade Bay season.
• Staff has worked to develop more detailed costs, operational procedures, and details of how this
amenity can capture guests to Cascade Bay during their regular season. In addition a plan is in
place to allow the operation of the golf course later in the evening after the water park is closed and
past the Cascade Bay Labor Day season in order to expand the playability of the course.
ATTACHMENTS:
• Professional Services Agreement and Plans and Specifications will be sent out Monday
Agenda Memo
April 4, 2006 City Council Meeting
L. APPROVE CONCESSIONS FOOD AND SUPPLIES CONTRACT FOR PARKS
AND RECREATION CONCESSIONS OPERATIONS.
ACTION TO BE CONSIDERED:
Approve the selection of Vistar as the primary concessions food and supplies provider for concessions
operations at Cascade Bay, Civic Arena, Eagan Community Center and Northview/Lexington-Diffley
athletic facilities from May 200¢ through April 2007 and direct staff to prepare the appropriate contract
for the Mayor's signature.
FACTS:
■ In an effort to maximize revenue potential and consolidate the overall concessions operation staff has
been working on an extensive analysis of product mix and pricing at all concession venues.
■ That analysis led to the Council recommendation that an RFP be developed to solicit bids from
vendors to provide these services.
■ Approximately 14 RFPs were distributed with a response deadline of March 24.
■ Staff reviewed the five submissions and compared each proposal to the established criteria.
■ After extensive examination it appears to be in the best interest of the consolidated concessions
operation to enter into an annual contract with Vistar.
ATTACHMENTS:
• Analysis of bids attached on pages��
me
Delivery
Order Lead
Minimum
Other
Prices
Company
Das
Time
Order
Charges
Guaranteed?
Other Notes & Restrictions
Through 4-30-
07 unless there
Monday,
None, if
is a
Wednesday
On -Line; 24
primary
manufacture
Vistar
& Friday
hour prior
distributor
price increase.
Free pick-up at Maple Grove Warehouse
Fuel
Noon on
Surcharge
1 st Line Group
Friday
Thursday
$150.00
$2.75/order
5:00
$25/order if
1 x per
preceeding
Avg 20 cases
below
US Foodservice
week
day
& $500
minimum
$12/order if
below
3:00
minimum Fuel
Monday &
preceeding
Surcharge
Most equipment needed to serve their products is
Watson Company
Thursday
da
$150.00
$5/order
provided for free.
30 day notice
1 x per
5 cases or
1$350/location
given for price
Can provide bids for many items not included on
Hawkeye
week
increases.
their bid once quantities are identified.
Combined Operations Concessions List
US Foodservice
1st Line G
Hawk
Watson Company
Vistar
Airheads-.55oz
Ind Price Case Price Ind Price
Case Price
$0.129
Ind Price Case Price Ind Price Case Price
$11.590 $0.120 $4.180
Ind Price I Case Price
$0.640 $7.680
Lowest Ind 4.$$12-550
$0.120
Animal Crackers - 2 oz
$0.260
$12.550
$0.193
$19.300
$0.910
$21.830
- $0.220
$12.900
$0.193
1 oz
1.5 oz 100
d
$0.640
$77.090
$0.640
$16.250
Beef-1 oz $0.6771 $16.250 $0.740 $17.780
.left
Black Fore Sour Glo-Worms - 3.5 oz
$0.690
$8.280
$0.540
$25.810
$0.540
$8.280
Cheetos - 2.13 oz
$0.330
$19.560
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Cherry Fruit Snacks - 3.5 oz
$0.350
$4.200
$0.310
$14.910
$0.310
$4.200
Chips Ahoy Cookies -1.25 oz
$0.440
$21.350
$0.325
$15.580
$0.380
$4.590
$0.260
$15.340
$0.260
$4.590
Choco Taco - 4.0 oz
som)oj
$20.310.
$0.580
$13.940
$0.580
$13.940
Doritos Cool Ranch -1.75 oz
$0.380
$22.520
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Doritos Nacho Chips -1.75 oz
$0.380
$22.520
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Fruit Snacks - 2.5 oz
$0.294
$14.130
$0.350
$4.200
$0.320
$15.200
$0.294
$4.200
Sbwwberry
only
Goldfish -1.5 oz
$0.140
$43.000
$0.227
$16.320
$0.210
$15.220
$0.140
$15.220
.75 oz
Hulls Snack Pack Butterscotch Pudding -4.0 oz
$0.500
$24.170
$0.351
$16.860
$1.440
$0.280
$13.240
$0.280
$1.440
3.5 oz, 4 ct
Hunts Snack Pack Chocolate Pudding - 4.0 oz
$0.540
$26.130
$0.351
$16.860
1
$1.440
$0.280
$13.240
$0.280
$1.440
3.5 oz, 4 ct
Hunts Snack.Pack Vanilla Pudding - 4.0 oz
$0.351
$16.860$1.440
$0.28.0
$13:240
$0.280
$1.440
'
3.Soz,4d
KM Kone - 4.6 oz
$0.740
$17.740
$0.740
$17.740
Kit Kat (designate size
$0.473
$17.010 $0.4441
$15.980
$0.420
$15.120
$0.400
$128.900
$0.400
$15:120
1.5 oz
36 ct
Kraft Cheese & Cracker
$0.360
$5.350
$0210
$21.430
$0.210
$5.350
Lally T (designate size
$0.170
$4.090
$0.700
$8.390
$0.170
$4.090
Lays Regular -1.5 oz
.$0.380
$22520
$0.425
$25.480 $0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Lays Sour Cream & Onion -1.5 oz
$0.380
$22.520
$0.425
$25.480 $0.311 -
$18.650
$0.300
$17.980
$0.300
$17.980
Lollipops Assorment
$0.016
$23.120
$0.310
$44.650
$0.020
$23.510
$0.016
$23.120
1450 ct
M & M Peanut -1.69 oz
$0.531
$25.500 $0.4401
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
M & M Plain -1.69 oz
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
Milk Duds Theater - 5.0 oz
-
$0.710
$8.530
$0.690
$16.520
$0.690
$8.530
Mini Oreos Cookies -1.25 oz
$0.360
$17230
;$0.340
$15.580
$0.380
$4.590
$0.280
$15.770
$0.260
$4.590
Nerds R (designatesize
$0.642
$15.400
$0.420
$10.080
$0.400
$114.580
$0.400
$10.080
.92 oz
1 oz
Nutter Butter -1.9 oz
$0.320
$15.320
$20.380
$0.380
$4.590
$0.250
$15.000
$0.250
$4.590
Old Dutch BBQ -1.5 oz
$0.380
S
1
1 $0.311
$18.650
$0.440
$17.810
$0.270
$10.740
$0.270
$10.740
Old Dutch Cheez Puffs -1.5 oz
$0.440
$0.270
$10.740
$0.270
$10.740
Old Dutch Com -1.5 oz
$0.380
$22.520
$0.311
$18.650
$0.440
N$17.810
$0.300
$17.980
$0.300
$17.810
2k�60ctOld
Dutch Crunchy Curls - 2.13 oz
$0.311 -
$18.650
$0.440
$0.270
$10.960
$0.270
$10.960
Old Dutch Dill -1.5 oz
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Pretzels - 2.13 oz
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Regular -1.5 oz
$0.380
$22.520
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Sour Cream -1.5 oz
$0.380
$22520
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
$0.350
$4.200
Orange Fruite Snacks - 3.5 oz $0.350 $4.200
Oreo Cookie Sandwich - 3.5 oz
$0.325
$15.580
122.5 oz
$0.870T
$20.980
$0.325
$15.580
2414.2 oz
Planters Tube Cashews -1.5 oz
$0.700
$12.560
$0.330
$48.000
$0.330
$12.560
Premium Cookie Sandwich - 4.5 oz
$0.235
$28.170
$0.730
$17.590
$0.380
$9.080
$0235
$9.080
Reese Pieeces (designate size
$0.555
$19.960
$0.420
$15.120
$0.400
$128.900
$0.400
$15.120
1.53 of
1.53 oz
Resses (designate size
$0.5551
$19.980
$0.456P$29.890
16.380
$0.420
$15.120
$0.400
$128.900
$0.400
$15.120
1.5 oz
1.5 oz
Rice Kri Treats -1.3 oz
$0.410
$33.020
$0.371
$0.390
$7.870
$0.330
$26.450
$0.330
$7.870
Ring Po
$0.338
$13.960
$0.280
$10.110
$161.030
$0.280
$10.110
Skittles Original - 2.17 oz
$0.555
$25.880
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400
$15.120
Snickers - 2.07 oz
$0.539
$25.880
$0.440
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
Starburst (designate size
$0.555
$19.980
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400.
$15.120
Sun Chi -1.5 oz
$0.360
$21.480
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Sunflower Seeds -1.75 oz
$0.460
$5.510
$0.220
$16.160
$0.220
$5.510
Super R - 2.0 oz
$0.440
$13.250
$0.430
$103.230
$0.430
$13.250
Twix desi size
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400
$15.120
Twizzlers - 6.0 oz
$0.660
$39.350
$0.630
$38.060
$0.630
$38.060
Whoopers - 275 oz
$0.550
$26.230
$0.530
$25.290
$0.530
$25.290
Cheeseb -5.75 oz
$0.553
$24.880
$1.9601
$23.590
$1.270
Boni=
$15.220
MEM
$0.553
$15.220
5.33 oz 45
d
12ro.25 oz
Chicken N(designate sae
$16.800
$0.057
$14.200
$10.030
-$80.230.18/.07
49.63 / 17.19
$0.057
$14.200
.64 oz 250 ct
613 Itis
1.2 / 6 oz
French fries 5/16" - 5 lbs
$0.030
$12.830
$0.373
$11.200
$13.880
3.9151b
$23.390
$0.030
$11.200
Funnel Cake des' sae
$0.338
$16.210
$18.370
$0.820
$39.460
$0.338
$16.210
5 inch, 48 count
Hot Dog Buns
$0.160
$11.080$0.131
$18.960
$18.740
$0.920
$13.760
$0.131
$11.080
Hot -6/1 all beef (designate sae
$0.380
$22.610
$0.428
$25.680
$0287
$17.200
$0.420
$25.300
$20.810
$0.287
$17.200
60 ct
6x1 101b
10 Ib
jalapeno P - 4 Ibs
$0.260
$60.190
$3.734 $59.740
$62.070
$59.240
$0.2601
$59.240
Mozzarella Sticks - 4 lbs
$0.150
$57.750
$0.134 $52.720
$81.770
$39.120
$0.134
$39.120
Nacho Cheese -14 oz ba
$0.080
$44.650
$0.080 $44.750
$29:580
$38.280
$9.050
$36.200
$0.080
$29.580
Natio Chi - 3.0 oz
$0.6021 $20.090
$0.219 $8.760
$0.450
$16.350
$0.200
$8.170
$0.200
$8.170
Onion Rin (designate size
$0.110
$18.210
$1.406 $33.750
$28.470
$29.980
$0.110
$18.210
122 Ib
6/2.5 Ib
82 lbs
Popcorn (designate size
$0.4001
$9.520 .6771.792119.00 24.36119.00128.07
$0.3601 $13.260
$21.100
$0.340
$12.150
$0.340
$9.520
micro 3.5 oz
Comes in 3 sizes: 8, 10.6 16'oz
3.5 oz 36 d
e oz
Popcorn Chicken (designate size
$0.170
$27.430
0.1411.036 2255163.15
$22.650
$23.230
$0.170
$22.650
65 Place per
#
10 Ib or 615 lb 1740 d
2f5 lbs
Pretzels - 5 oz
$0.420
$21.110
$0.492 $24.620
$0.402 $20.120
$21.470
$0.390
$19.410
$0.390
$19.410
Apple Sauce - 4 oz
$0.3101
lffi��
$22.670
ME
$0.232 $16.670
$0.330
$23.860
$0.232
$16.670
Broccoli - 3 lbs
$6.370
$2.200 $6.600
$2.200
$6.370
Carrots - 4 lbs
$4.550
$0.370 $2.220
$0.370
$2.220
Cel - 5 lbs
$10.040
$0.575 $3.450
$0.575
$3.450
Dannon Light & Fit Smoothies (designate size
$0.750
$8.970
$0.658 $7.900
$0.658
$7.900
6o
7o7,12d
Fruit -4 oz
$0.433 $15.600
$0.470
$16.830
$0.433
$15.600
Go-Gurt - 225 oz
$0.380
$24.200
$0287 $36.780
$0.330
$41.790
$0.287
$24.200
Jello Cu (designate size
$0.303$14.560
$0.630
$0.470
$16.8301
$0.303
$14.560
3.5 oz, 48 d
3 oz
4.3 oz
Lunchables - 3.5-4 oz
$1.5201
$1.520
$1.170
$18.730
$1.170
$1.520
4.5 oz
String Cheese -1 oz
$0.270
$43.940
$0.173 $16.650
$0.350
$8.370
$0.300
$47.640
$0.173
$8.370
Tomatoes
j
$13.610
$1.008 $10.080
$1.008
$10.080
Cherry
F
Preed Fresh vegetables (designate size
$0.000
$0.000$0.000te
5#
MEMBEEMENIMMEMEM
Hard Ice Cream -12 gallon
See bid sheet
$0.000
$0.000
Hard Ice Cream -1 gallon
$14.250
$0.000
$14.250
ZS OT
Hard Ice Cream - 3 gallon
$13.770
$13.500
$17.950
$0.000
$13.500
Prices increase with flavor
BJ Cherry Garcia Ice Cream P - 4 oz
$1.370
$16.460
$1.370
$16.460
BJ Half Baked Ice Cream Bar - 4 oz
$1.3701
$16.460
$1.370
$16.460
BJ Vanilla Almond Peace Po -4 oz
$1.3701
$16.460
$1.370
$16.460
Champ Caramel Cone - 4.6 oz
$0.510 $12.250
$1.370
$16.460
$0.520
$12.390
$0.510
$12.250
Chips Galore - 4.5 oz
$0.522 $12.520
$0.530
$12.670
$0.522
$12.520
$0.000
$0.000
D" in Dots - 3.5 oz
Dove Almond Mlk Chocolate LIC Bar - 4 oz
$0'000
$0'000
f.
Giant Vanilla Sandwich - 3.5 oz
$0.245 $11.760
$0.500
$11.880
$0250
$11.930
$0.245
$11.760
Ice Cream Cu - 4 oz
$0241 $11.580
/Available I special
order
$0.250
$11.930
$0.241
$11.580
Ice Cream Noveldes describe
Novelties list on bid sheet Novelties list on bid sheet
Novelties list on bid sheet
$0.000
$0.000
Ice Cream Sandwiches - 3.5 oz
$0.500
$11.880
$0.500
$11.880
Lids -a -Color Big Stick - 3 oz
$0.270
$12.830
$0.380
$9.200
$0.270
$9.200
Oreo Cookie Sandwich - 4 oz
$0.870
$20AW
$0.870
$20.480
Premium Cookie Sandwich - 4.5 oz$0.730
$17.590
$0.530
$12.670
$0.530
$12.670
Snicker's "Big One" VC Bar - 4 oz
$1.340
• $16.040
$1.340
$16.040
12!5.6 oz
Strawberry Shortcake Bar -4.25 oz
$0.244 $11.730
$0.610
$14.540
$0.420
$10.110
$0.244.
$10.110
Cake Cones (designate size
$0.0501
$28.670
$0.043 $25.960
$0.060
$37.550
EM NONE=
$0.100
MEMM
$38.540
$0.043
$25.960
Cookie Dough - 2 oz
4S oz'
$0.210 . $37.100
6/100 ct
$0.216 W.5.950
$0.280
$50.850
$0.220
$31.320
$0.210
$25.950
Cotton Candy - 3.25 lbs
2.25 oz
1
$3.900
$3.900
$3.460
$20.740
$3.460
$3.900
Waffle Cones (designate size)
$0.190
$38.300
$0.165 $43.560
$55.700
$0.190
$37.780
$0.165
$37.780
- .75 oz
12!22 ct
Assorted Coffee &Tea Pods
$D-500
$80.570
List on bid sheet
List on bid sheet
$0.500
$80.570
C - 2 lbs
$52.840
$7.690
$46.150 $3.068 $36.820
$7.370
$44.230
List on bid sheet
$3.068
$36-820
6/21b
-
Coffee (designate size
$0.957
$76.530 $8.663 $51.980
$0.590
$25.000
List on bid sheet
$0.590
$25.000
1.5 oz 80 ct
39 oz, 6 d
42/1.3 oz
Gatorade - 20 oz
$0.762 $18.300
$0.760
$18.140
$0.610
$14.520
$0.610
$14.520
Hot Chocolate -1 oz
$0.1301
$38.860
$0.099 $29.780
WAN
$9.500
$0.130
$38.750
W.099
$9.500
Milk -12 oz
$0.770
$9.260
$0.763 $9.160
$0.940
$0.760
$9.150
$0.760
$9.150
$0.000
Povmrade - 20 oz
Skish(designate size
$0.028
$72.000
1116.43
/ 97.52
$106.250
$0.028
$72000
3 gal. 2534 oz
5 gel BIB
BE= MINE=
Mm
Madnara-6lbs
$0.030
$23.180
$0.037 $23.340
$27.130
$38.750
$0.030
$23.180
BBQ Sauce - 1 oz
$0.100
$9.990
$0.137 $13.680
$0.120
$11.730
$0.060
$12.530
$0.060
$9.990
Creamer - 314 oz
$0.040
$12.780
$0-032 $11.640
$0.030
$22.400
$0.030
$26.810
$0.030
$11.640
Honey Mustard -1 oz
Liquid Shelf Stable
$0.1301 $13.140
$0.135 $13.480
$0.100
$19.310
$0.1701
$17.360
$0.100
$13.140
Ketchup -16 oz & Bulk
0.69 / 4.27 16.55 / 25.62
$0.476 $11.420
$4.880
$29280
$1.170
$27.960
$0.476
$11-420
Mustard - 55g & Bulk
.0213.28
11.70/19.67
'0095/.01514.7617.9
$3.690
$22150
$0.860
$13.780
$0.860
$13.780
500 pids or 411 get
Ranch -1 oz & Bulk
2218.55
13.07134.20
.142 / .044 114.20122.34
$0.150
$14.720
$0.140
$14.060
$0.140
$14.060
100/1 oz or 4/1 gal
Sugar individual packets)
$0.005
$10.5101
$0.005 $9.400
$0.007
$14.200
$10.
$0.005
$9.400
Sweet & Sour Sauce -1 oz
$0.110
$10.6601
$0.124 $12.400
$0.160
$15.560
$0.110
$11.390
$0.110
$10.660
Souffl§ Cup - 2 oz
$0.010
$32.650
$0.012
$29.640
$0.020
$36:600
$0.010 $36.000
$0.010
$29.640
Foil Sheet
$0.020
$59.310
$0.026
$63.840
$0.020
$6.910 $82950
$0:020
$59.310
9x10 inch
Gloves
$0-020
$24.830
$0.029
$28.860
$10.310
$0.050 $18.140
$0.020
$10-310
Hot Dog Tray (design size
$0.0101
$44.300
$0.026 $12.940
$0.010
$41.740
$0.010 $33.270
$0.010
$12.940
8 inch
8 Inch, 500 ct
Nacho Cheese T desi a size
$0.030
$27.490
$0.120 $59.930
$0:092
$91.800
$0.070
$32.780
" $0.020 $31.660
$0.020
$27.490
2#?
5x6 inch, 500 ct
1000 ct
5x6 inch
Na ns (designate size
'
$0.007
$43.310
$0.009 $54.950
$0.004
$32.470
$0.008
$49.830
$40.350
$0.004
$32.470
13x17 inch, 6000 ct
8000 ct
Paper Towels
$0.810
$24.270
$0.009
$27.750
$0.007
$27.970
$0.920 $27.570
$0.007
$24.270
P Plates small & la
$0.030
$32.760
.0097 / .014 9.68/ 17.12
$0.020
$16.630.021.01 16.47 / 8.88
$0.020
$16.630
9 inch
6 and 9 inch
9 inch
9 and 6 inch
Beverage Cu -16 oz & 32 oz
.03/.07 27.55 / 34.90
List on bid shoat
$0.000
$0.000
Popcom Cu - 32 oz & 46 oz
.114/.261 113.82178.25
$0.100 $103.630
List on bid sheet
$0.100
$103.630
2 cup sizes 46 oz 1000 ct & 85 oz 300 ct
Popcorn Box alt
.061.087 130.05143.43
$0.110
$55.050
$0.110
$55.050
2 box sizes 1 and 1.5 oz with 500 ct
Sandwich B (designatesize
$0.011
$22.600
$0.030 $14.180
Silverware Plastic
$0.010
$13.610
$0.011
$11.060
$29.010
$0.010 $14.760
M$14.180
Stix
$0.010
SSi
$13.610
$0.001-
$13.560
$1.600
$9.470
Straws
$0.007
$84.310
.005 / .006 9.88 /39.76
$61.210
35.95139.47
..
Unwra and Wra
Unwrap and Wrapped.
StyTofbam Cu - 8 oz
$0.010
$13.870
$0.0131
$13.250
$0.020
$17.330
$0.040i $41.590
$0-010
$13.250
Wax Paper Sheets
$0.010
$6.210
$0.105
$62.980
$0.040
$40.230
$38.590
$0.010
$6210
Severacie Cup Lids -16 oz & 32 oz
$36.8601
List on bid sheet
$0.000111
$36.860
Consent Agenda
April 4, 2006 City Council Meeting
M. APPROVE CHANGES TO THE 2006 FEES AND CHARGES PERTAINING TO
PARKS & RECREATION.
ACTION TO BE CONSIDERED:
To approve the following policy change to Parks & Recreation Fees and Charges Policy:
1. To allow the charge of a $175 mobile play wagon rental fee for residents who wish to
rent the self contained mobile entertainment center for a party or special event.
2. The allow the charge of a $200 mobile play wagon rental fee for non-residents who wish
to rent the self contained mobile entertainment center for a party or special event.
FACTS:
• A mobile play wagon is used as a puppet wagon at different parks and special events
throughout the summer. Puppet shows take place on weekday mornings throughout
June, July and August.
• A fee based rental program would be available to residents and non residents for
evening neighborhood parties, birthday parties or special events.
• Parks and Recreation Staff will transport the mobile wagon to a park, residence or
place of business upon paid reservation.
• Staff would perform a "customized" puppet show, work on a craft project and provide
creative movement, dancing and music opportunities for the participants, for one hour
and up to 25 children ages 7 and under.
ISSUES:
• None
ATTACHMENTS:
• None
ME
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
N CONTRACT 06-02, DENMARK AVENUE/ SADDLEHORN/ SUNSET/ TOWN
CENTRE DRIVE/ MEADOWVIEW/ ALEXANDER ROAD
STREET & SIDEWALK IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 06-02 (Denmark Avenue/ Saddlehorn/
Sunset/ Town Centre Drive/ Meadowview/ Alexander Road - Street Improvements) to
McNamara Contracting, Inc., for the base bid in the amount of $1;158,294.68 (total base bid with
the deletion of Part VI — Proj. 928 Meadowview/ Alexander Concrete Entrance Aprons) and
three alternate bids in the amount of $20,618.45,. and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• The bituminous overlay of the streets in the Saddlehorn/ Sunset/ Town .Centre Drive/
Golfview Drive neighborhoods is programmed for 2006 in the City's 5 -Year Capital
Improvement Program (2006-2010).
• The sidewalk and traffic calming improvement of Denmark Avenue, Wescott Road to
Duckwood Drive, is programmed for 2006 in the City's 5 -Year Capital Improvement
Program (2006-2010).
• The bituminous overlay of Alexander Road and the upgrade of Meadowview Road are also
programmed for 2006 in the City's 5 -Year Capital Improvement Program (2006-2010).
• On October 18, 2005, the City Council authorized the sidewalk and traffic calming street
improvements for Denmark Avenue, from Wescott Road to Duckwood Drive (Project 876).
• On December 5, . 2005, the City Council authorized the street improvements for the
Saddlehorn/ Sunset neighborhood (Project 926).
• On January 17, 2006, the City Council authorized the street improvements for the Town
Centre Drive (Denmark Ave. to Lexington Ave.) and Golfview Drive area (Project 933).
• On February 21, 2006, the City Council authorized the bituminous overlay improvements for
Alexander Road, and the street upgrade improvements for Meadowview Road (Project 928).
• These projects have been combined under . one contract (Contract 06-02), to increase
economies of scale.
• On February 21, 2006, the Council approved the plans and authorized the advertisement for
solicitation of competitive bids for Contract 06-02.
• At 10:30 a.m. on March 30, formal bids were received for this project.
• Three alternate bids were also received for miscellaneous street repair work to improve
drainage and access on Dodd Road, and to improve rideability on Lexington Avenue at its
railroad crossing. Costs for this work would be the responsibility of the City Major Street
Fund and through a cost-sharing agreement with Dakota County for the Lexington Avenue
work.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The low base bid, and three alternate bids, from
McNamara Contracting, Inc. have been reviewed by the Engineering Division.
• The 'low bid from McNamara is favorable with one exception. Unit prices received for the
construction of new concrete entrance aprons on Meadowview Road/ Alexander Road (City
Project No. 928) are approximately 60% snore. than the estimated unit prices. identified in the
feasibility report for the project public hearing, and with other contractor bids received.
• In accordance with the City Special Assessment Policy, the 100% of the costs of these new
concrete entrance aprons are assessable.
• City staff will negotiate a change order with McNamara Contracting to reduce the contract
unit prices for the concrete entrance apron work to costs consistent with the amounts
estimated in the feasibility report. If a satisfactory change order cannot be negotiated, the
concrete entrance apron portion of work, separate public bids for the work will be solicited.
• The low base bid, and three alternate bids, from McNamara Contracting,,Inc., has been found
to be in order for favorable Council action, with the deletion of Section VI — Project 928 —
Meadowview/ Alexander Concrete Entrance Aprons from the contract award.
ATTACHMENTS:
• Bid Summary, page.
BID SUMMARY
Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Roads
Street & ,Sidewalk Improvements
City Project No's. 786/ 926/.933/ 928 - City Contract No. 06-02
Bid Date: Thursday, March 30, 2006 Bid Time: 10:30 a.m.
Contractors
Total Base Bid*
Alt. #1
Alt. #2
Alt. #3
1.) McNamara Contracting, Inc
$ 1,263,146.06
$9,218
$4,022
$7,378
2.) Bituminous Roadways, Inc.
$ 1,283,284.05
$6,700
$2,682
$6,605
Proiect 786 — Denmark Avenue Sidewalk & Traffic Calmine Improvements — Base Bid
Low Base Bid $
215,264
Feasibility Report Estimate $
299,700
Percent Under (-) Estimate
-28.1%
Engineer's Estimate $
259,040
Percent Under (-) Estimate
-16.9%
Proiect 926 — Saddlehorn/ Sunset Street Overlay — Base Bid
Low Base Bid $
412,955
Feasibility Report Estimate $
469,790
Percent Under (-) Estimate
-12.1%
Engineer's Estimate $
455,180
Percent Under (-) Estimate
-9.3%
Proiect 928 — Meadowview Ungrade/ Alexander Road Overlay — Base Bid*
Low Base Bid $
386,536
Feasibilit�Report Estimate
$ 279,820
Percent Over (+) Estimate
+38.1%
Engineer's Estimate
$ 297,000
Percent Over (+) Estimate
+ 30.1%
*Includes bid proposals/ estimates for concrete entrance apron work on Meadowview/ Alexander (Proj.
928) not awarded and to be revised via change order, or separate contract
Proiect 933 — Town Centre/ Golfview/ O'Leary Overlay Base Bid
Low Base Bid
$ 229,265
FeasibilityReport Estimate
$ 231,270 .
Percent Under (-) Estimate
-0.1%
Engineer's Estimate
$ 224,700
Percent Over L+) Estimate
+2.0%
Alternate Bid 1— Dodd Rd./McFadeens Trail — Valley
Alternate Bid $9,812
Engineer's Estimate $8,500
Percent Over Estimate 15.4%
Alternate Bid 2 — Dodd Rd. — Dakota Electric Substation Driveway
Alternate Bid $4,022
Engineer's Estimate $3,500
Percent Over Estimate 15.2%
Alternate Bid 3 Lexington Ave. Ccs Railroad Tracks
Alternate Bid $7,378
Engineer's Estimate $6,600
Percent Over Estimate 10.5%
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
O CONTRACT 06-03, MEADOWLAND/ SUNCLIFF/ SILVER BELL ROAD/ ART
RAHN/ HILLANDALE/ WHISPERING WOODS/ SLATER ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 06-03 (Meadowland/ Suncliff/ Silver Bell
Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road Street Improvements), to
McNamara Contracting, Inc., for the base bid in the amount of $659,591.30, and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• The bituminous overlay of the streets in the Meadowland/ Suncliff/ Silver Bell Road/ Art
Rahn/ Hillandale/ Whispering Woods/ Slater Road neighborhoods is programmed for 2006
in the City's 5 -Year Capital Improvement Program (2006-2010).
• On December 5, 2005, the City Council authorized the street improvements for the
Meadowland V'/ Suncliff ?S -5'`/ Beaver Dam Road neighborhood (Project 927).
• On December 20, 2005,, the City Council authorized the street improvements for the Art
Rahn/ Hillandale neighborhood (Project 931) and the Slater Road/ Whispering Woods
neighborhood (Project 932).
• On February 21, 2006, the City Council authorized the street improvements for Silver Bell
Road, from Nicols Road to Kennebec Drive (Project 932).
• ,These projects have been combined under one contract (Contract 06-03), to increase
economies of scale. 11
• Also on February 21, 2006, the Council approved the plans and authorized the advertisement
for solicitation of competitive bids for Contract 06-03.
• At 10:30 a.m. on, March 23, formal bids were received for this project. A copy of the bid
summary is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations.. The low base bid from McNamara Contracting, Inc. has
been reviewed by the Engineering Division and found to be in order for favorable Council
action.
ATTACHMENTS:
• Bid Summary, page.
D
BID SUMMARY
Meadowland/ Suncliff/ Silver Bell Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road
$ 86,117
Street Overlay Improvements
City Project No's. 927/ 930/ 931/ 932 - City Contract No. 06-03
Bid Date: Thursday, March 23,.2006 Bid Time: 10:30 a.m.
Contractors
Total Base Bid
1) McNamara Contracting, Inc
$ 659,591
2) Bituminous Roadways Inc.
$ 689,713
3) Northwest Asphalt Inc.
$ 699,134
4) Valley Paving Inc
.$728,709
Ace Blacktop Inc
$ 778,642
6) Hardrives Inc
$ 804,250
Proiect 927 — Meadowland/ SuncliW Beaver Dam Road — Base Bid
Low Base Bid
$ 303,833
-18.6%
Feasibilt ReRort Estimate
$367,260
Percent Under (-) Estimate
-17.3%
- 19.90/,
Engineer's Estimate
$342,960
Percent Under (-) Estimate
- 11:4%
Proiect 930 — Silver Bell Road (Nicols
to Kennebec) — Base Bid
Low Base Bid
$ 72,962
Feasibility Report Estimate
$ 83,430
Percent Under (-) Estimate
-12.5%
Engineer's Estimate
$ 77,800
Percent Under(-) Estimate
-6.2%
Proiect 931— Art Rahn/ Hillandale Additions — Base Bid
Low Base Bid
$ 86,117
Feasibility Report Estimate
$95,290
Percent Under(-) Estimate
-9.6%
Eng_ineer's Estimate
$ 92,140
Percent Under (-) Estimate
-6.5%
Proiect 932 — Whisperine
Woods/ Slater Road/ Slater Acres Base Bid
Low Base Bid
$ 196,680
Feasibility Report. Estimate
$ 241,680
Percent Under (-) Estimate
-18.6%
Engineer's Estimate
$ 245,600
Percent Under (-) Estimate
- 19.90/,
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
P. FINAL PLANNED DEVELOPMENT — LOT 1, BLOCK 1, GRAND OAK FIVE
ACTIONS TO BE CONSIDERED:
To approve a Final Planned Development of 5.4 acres to build a 3 -story, Class A office
building on Lot 1, Block 1, Grand Oak Five in the NE'/a of Section 02.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
i The Grand Oak Five Preliminary Planned Development, gpnroved on April 5th, 2005
provided for a future 100,000 square foot Office building on Lot 1, Block 1.
Interstate Partners is now developing a 3 -story, Class A office building on this lot. The
proposed development is consistent with the Planned. Development Agreement governing
this property.
➢ The Final Planned Development Agreement is signed and in order for approval by the
City Council.
ATTACHMENTS (2)
Location map on page 56.t
Overall Site Plan on page .
51,
Location Map
Eagan Boundary
Parcel Area
Park Area
Building Footprint
Development/Developer. Interstate Partners
Map Pmpemd using ERSI IWc111aw M. Parcel base map dais provided N
by Dakota County Office of 615 and;is euneM as of April 21106.
aIlE
C' of E THIS MAP IS INTENDED FOR REFERENCE USE ONLY
�� The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community DevelepmaM Department not responsible for errors or omissions.
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4
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
Q. FINAL PLANNED DEVELOPMENT — LOT 2, BLOCK 1,
SLUMBERLAND ADDITION
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Final Planned Development to construct
a 20,600 sq. ft. retail building located at 1247 Northwood Parkway in the SE'/4 of Section 10.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The Preliminary Planned Development, established in 1999 by Slumberland, provided for
a future retail use.
➢ Goodwill is now developing a 20,600 square foot retail building on this lot. The
proposed development is consistent with the prior Planned Development Agreement
governing this property.
➢ The Final Planned Development Agreement is anticipated to be signed and in order for
execution at the regular meeting of the City Council
ATTACHMENTS (1)
Location map on page
M
In
Development/Developer: Goodwill
Application: Final PD
Case No.: 10 -FD -02-03-06
II 41�Ciiy of Evan
Map Prepared using ERSI AreView 3.1. Parcel base map data provided
by Dakota County Office of Gig and is current as of January 2005.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are
not responsible for errors or omissions.
N
WE
S
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
R APPROVE CORRESPONDENCE TO SUPPORT STATE FUNDING IN 2006 FOR
THE EXPANSION OF THE NORTHWEST AREA OF INVER GROVE
HEIGHTS
ACTIONS TO BE CONSIDERED:
To approve correspondence to support State funding in 2006 for the expansion of the northwest
area of Inver Grove Heights.
FACTS:
➢ The City of Inver Grove Heights is seeking State funding for the upgrade of the
intersection of Highway 55 and County Road 28 (Yankee Doodle Road), which would
provide significant benefit to the City of Eagan, as the intersection is a main
transportation entrance into our community supporting commerce and commuters.
➢ The City of Eagan has been a long time supporter of the need for a grade separated
interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has supported,
partnered and participated in several previous applications for federal funding for this
important project.
➢ The extension and upgrade of Yankee Doodle Road from Eagan into Inver Grove Heights
remains a critical component of the City's long range comprehensive transportation plan.
➢ During the Council's goals discussion on March 28, 2006, the Council voiced their
support for the intersection improvements, and per the direction of the Council,
correspondence is being proposed tonight to be sent to Mr. Chuck Hall, who is the
consultant assisting the City of Inver Grove Heights on the expansion of the northwest
quadrant of their community.
ATTACHMENTS:
➢ Enclosed on page�is proposed correspondence to Mr: Chuck Hall stating the City of
Eagan's support for State funding for the upgrade of the intersection of TH55 and County
Road 28 (Yankee Doodle Road).
51
Pat Geagan
MAYOR
April 5, 2006
Peggy Carlson
Mr. Chuck Hall
Cyndee Fields
3862 Bridgewater Drive
Mike Maguire
Eagan, MN 55123
Meg Tilley
Dear Mr. Hall:
COUNCIL MEMBERS
In official action taken at the April 4, 2006 Eagan City Council meeting, the Council
Thomas Hedges
directed that a letter be sent to you stating the City of Eagan's support for State funding
CITY ADMINISTRATOR
for the much needed upgrade of the intersection of TH55 and County Road 28 (Yankee
Doodle Road). Although this intersection is located in Inver Grove Heights, it is a main
transportation entrance into our community supporting commerce and commuters.
As you know, the City of Eagan has been a long time supporter of the need for a grade
separated interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has
supported, partnered and participated in several previous applications for federal funding
MUNICIPAL. CENTER
for this important project.
3830 Pilot Knob Road
Eagan, MN 55122-1810
Furthermore, the extension and upgrade of Yankee Doodle Road from Eagan into Inver
651.675.5000 phone
Grove Heights remains a critical component of the City's long range comprehensive
651.675.5012 fax
transportation Eagan recognizes that, not only is there a need for a well-defined
651.454.8535 TDD
plan.
east -west arterial roadway along the Yankee Doodle Road alignment, but also a strong
need -for a major north -south arterial from TH 55 to I-494. The logical location of the
intersection of these two future major corridors is at the much needed interchange of TH
MAINTENANCE FACILITY
55 & Yankee Doodle Road.
3501 Coachman Point
Eagan, MN 55122
Eagan, Inver Grove Heights, Dakota County, and MnDOT have a long history of
651.675.5300 phone
cooperative ventures for corridor studies incorporating these major alignments and
651.675.5360 fax
potential interchanges, and thus the City of Eagan strongly supports State financial
651.454x535 TDD
assistance towards this transportation improvement in northwest Inver Grove Heights.
Please feel free to contact the Eagan City Administrator's Office at (651)675-5001 if the
City of Eagan can be of any further support as you seek State funding assistance.
www.cityofeagan.com
Sincerely,
THE LONE OAK TREE
Pat Geagan
The symbol of
Mayor
strength and growth
in our community.
56
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
S. CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT
ACTION TO BE CONSIDERED: Approve the release of remaining retainage for
Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
• Contract 03-09 provided for the expansion and renovation of the existing north
Water Treatment Plant located on Coachman Rd. This contract was awarded in
July of 2003 and the construction has been satisfactorily completed.
• Under the terms of the original contract, the City has withheld 5% of each
payment and placed it in escrow to insure satisfactory completion of the contract.
On Nov. 1, 2005, the City Council released all but 1% to cover remaining punch
list items.
• Now that the construction has been completed and final payment processed, it is
appropriate that the remaining Retainage be released.
sq
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
T Approve a Lease Agreement Between the City of Eagan and St. Croft Harley
Davidson
ACTION TO BE CONSIDERED:
The action is to approve a lease agreement between the City of Eaganand St. Croix
Harley Davidson. The approval of this lease will enable the police department to lease
two 2006 motorcycles for one year. The dealership will lease both motorcycles to the city
at a cost of $2.
FACTS:
• Since 2003 the Eagan Police Department has used motorcycles for traffic
enforcement and other outreach programs to promote traffic safety throughout
Eagan.
• The prior lease agreement was reviewed by the Eagan City Attorney and
suggested changes to the document were made at that time. There were no
substantive changes to the 2006 document.
• The motorcycles previously leased were returned to the dealership. By
approving this new lease agreement, the police department will be able to use
2006 models.
• The original start-up fees for the Traffic Enforcement Unit were paid by the
Eagan Citizen's Crime Prevention Association in 2003.
ATTACHMENTS
Attached as pages (QL through fL is a copy of the lease agreement.
2006 E ARLEY-DAVIDSON FLHTPI LEASE
THIS AGREEMENT is made and entered into this 29th day of March, 2006 by and
between St: Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and
the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose
of lending to the Lessee Harley-Davidson Motorcycles.
RECITALS
WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat.
§ §412.211 and 412.221.
WHEREAS, the- City is desirous of leasing motorcycles for its police department use in
patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to
the City for a reasonable cost.
WHEREAS, it is in the best interest of the City and its. residents for it to lease the
motorcycles from the Lessor under the terms and conditions of this Agreement.
NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows:
1. Equipment. - 2006 Harley-Davidson Police Motorcycles with the complete
description provided on the attached specification sheet. The model will be an FLTPI with
windshield (hereinafter the "Motorcycles").
2. Agreement Terms. This Agreement shall be effective as of the date of
execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to
be used for police and related activities only. No more than one person shall be on a Motorcycle
leased under this Agreement and the person operating the Motorcycle shall be authorized by law
and City police policy to operate the motorcycle.
3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar
($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment
not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in
Paragraph 1 above, full maintenance or insurance costs.
4. Insurance. At its own expense, the Lessee shall carry casualty insurance and
public liability and property damage insurance sufficient to protect the full value of the
Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry
workman's compensation insurance covering all of its employees working on, or about the
Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory
evidence of all insurance coverage described above as required terms and conditions of this
Agreement.
(A
5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to
protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal
immunity as provided by state statute from and against any and all losses, penalties, damages,
settlements, costs, charges or other expenses or liabilities arising out of the negligence of the
Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for
any loss, claim, damage,. action or the like arising out of the negligence acts of the Lessor.
Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort
damage limitations available to the City under federal or state law, in the event any person or
party brings claim against the City as a result of the use or operation of a Motorcycle leased.
under this Agreement.
6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the
Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall
promptly, at is own expense, take such action as charge, encumbrance or claim not expected
above if the same shall arise at anytime due to Lessee's action or inaction.
7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or
similar charges imposed by virtue of the Lessee's ownership, possession or use of the
Motorcycles during the term of this Agreement.
8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles
pursuant to the manufacturer's standard and preventive maintenance procedures and
recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson,
Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and
expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance
intervals set up by Lessor in accordance with the service schedule as provided in the owners
manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and
tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and
shall not make modifications, alterations or additions to the Motorcycles (other, than normal
operating accessories or controls) without the written consent of the Lessor, which shall not be
unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during
regular business hours to enter upon the premises where the Motorcycles are located in order to
inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the
reasonable opportunity to do so.
9. Damage or Deterioration of Motorcycles. In the event the Motorcycles. are
partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to
the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired
and restored to their original condition and working order at their, expense. In the case of theft or
total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Sixteen
Thousand Three Hundred and Eighty Five and No/100'Dollars ($16,385.00).
10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping
the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may
allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are
fully insured by the Lessee and that the distance to and from work is no more than thirty (30)
miles ,each way.
.11. Events of Default and Remedies. Lessee shall be deemed to be in default of
this Agreement upon the happening of any of the following events of default:
(A) Lessee fails to make payment of the lease or other payments required hereunder;
or
(B) Lessee fails to comply with any other term, covenant, or condition contained
herein.
Upon the occurrence ,of any event of default as specified above, should Lessee fail to
remedy such event or default with all reasonable dispatch within a period of thirty (30) days,
Lessor shall have the right, after written notice to the Lessee, to pursue any of the following
remedies:
(1) Repossession of the Motorcycles, including the right to sell or lease the
Motorcycle for the account of the Lessee, and hold Lessee liable for all payments
up to the effective date of such sale or lease. Lessor may hold Lessee liable for
the difference of payments which would be due under the Agreement and the
amount received by the Lessor for the sale or lease of the Motorcycles upon
default.
(2) Any action at law or in equity may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of
any obligation, agreement or covenant of Lessee under this Agreement. Lessor
shall be deemed to be in default under this Agreement upon failure to comply
with term, covenant or condition herein.
W VX0.1,
OA
LESSEE:
CITY OF EAGAN, a Minnesota
municipal corporation
By: Patrick J. Geagan Date
Its: Mayor
By: Mira Pepper Date
Its: Deputy City Clerk
LESSOR:
ST. CROIX HARLEY-DAVIDSON,
INC., a Wisconsin corporation
By: Date
Its:
Leased Equipment
1) 2006 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HD1FMW136Y674162)
2) 2006 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HD1FMW176Y674505)
5 �5
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
PUBLIC HEARINGS
A. OAKVIEW CENTER ADDITION (LOTS 1 & 2. BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Close the public hearing for the vacation of a public
drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition.
(NOTE: Action to approve or deny the vacation will' be considered concurrently with the
final plat and planned development amendment for Oakview Center 2nd scheduled later on
this agenda.)
FACTS:
• On February 15, 2005, City staff received a petition and letter from Susan Fussell of
Loucks McClagan, representing the owners of Lots 1 & 2, Block 1 Oakview Center,
requesting the vacation of the existing drainage and utility easement on the common lot
line between the two properties, southeast of the intersection of Lone Oak Road and
Highway 55.
• 10' wide easements were dedicated over the common lot line as part of the Oakview
Center Addition plat as the typical side lot easements for drainage and utility purposes.
• The purpose of the request is to allow the property owner, Eagan Hospitality Group, to
construct a hotel. on the twd parcels. The configuration of the proposed hotel is over the
common lot line of the two parcels.
• The. property owner will replat the two parcels as one parcel for the proposed
development of the site. p
• The Final Plat and Planned Development Amendment of Oakview Center 2nd will be
considered by the Council under New Business on tonight's agenda.
• The vacation of the existing drainage and utility easements would clean up the proposed
plat by avoiding an underlying recorded dedication. '
• Notices for the public hearing were published in .the legal newspaper and sent to all
potentially affected and/or interested parties for comment prior to the scheduled public
hearing. Notices were sent to all the potentially impacted private utility companies. No
objections to the proposed vacation have been received as of the date of this report.
• The request has been reviewed by the Engineering Division and found to be in order for
favorable Council action concurrent with favorable consideration of the Planned
Development Amendment/ Final Plat for Oakview Center 2nd Addition.
ATTACHMENTS:
• Location Map, page .
• Legal Description, graphic, page.
4> City of Eap
Englpeering Department
Lots *1 & 27 Blk. 1 Oakview Center
Proposed Easement Vacation
Location Map
3-2-06
DRAINAGE AND UTILITY EASEMENT VACATION
Drainage and Ut1il Easement Over Lots 1 and 2 Block 1 OAKVfEW
CENTER to be Vacated � .
C.S.A.H. NO. 26 (LONE OAK ROAD)
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and 2. TER.excepting Orerekom the
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SCALE: 1 inch a 60 feet
MCLAGAN
Agenda Information Memo
April 4, 2006, Eagan City Council
VI. OLD BUSINESS
A. FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY
MARKETPLACE) — RELIANCE DEVELOPMENT
ACTION TO BE CONSIDERED:
To Approve a Final Plat (Diffley Marketplace ) creating one lot on approximately 10.94 acres
located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A,
Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW '/4 of
Section 26;
To Maintain or Delete or Modify condition #28 of the Approved Preliminary Planned.
Development and Approve (or deny) a Final Planned Development for a retail commercial
development (Diffley Marketplace) consisting of a 43,175 sq. ft. grocery store and two 10,000
sq. ft. multi -tenant retail buildings upon 10.94 acres located south of Diffley Road and east of
Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A,
Lexington Pointe 7th Addition, in the NW t/4 of Section 26, subject to conditions in the Council
minutes;
Cad
To direct Findings of Fact for Denial on the revised Preliminary/Final Development Site Plan
submitted on March 10, 2006.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
➢ The City Council approved a Preliminary Planned Development on October 6, 2005.
Condition #28 of that approval stated: "The driveway connection to Daniel Drive shall be
eliminated and the plans resubmitted to Dakota County for review." The proposed site plan
modification to eliminate the Daniel Drive access was resubmitted to the County's Plat
Commission and subsequently denied. This denial was then appealed to the County Board,
and the County Plat Commission's denial was upheld.
➢ _ Following the suggestions and concerns of the Plat Commission as stated in their denial
letter, the development plans were modified to show a %-access at Diffley Road and a one-
way "entrance only" access from Daniel Drive. The City then submitted a formal request to
the Plat Commission for a required variance to its access spacing guidelines.
�J 1
➢ On March 7, 2006 the Dakota County Plat Commission recommended approval of the
variance to the County's Access Spacing Guidelines with the condition that the existing full
access from Diffley Rd. be reconstructed to the more limited3/4-access configuration with a
one-way "entrance only" connection to Daniel Dr. They also recommended approval of the
Preliminary and Final Plat submittals, which already incorporated these anticipated
conditions.
On March 21, the County Physical Development Committee (of the whole) did not accept
their Plat commission's recommendation of approval and they further stipulated that ultimate
County Board approval would require a full 2 -way access to Daniel Dr.
➢ Although the Developer has not ,yet submitted revised site plans eliminating all access to
Daniel Dr. as required by Condition #28, a Final Planned Development Agreement and Site
Plan for the first phase development (grocery store and two retail buildings) incorporating a
one-way connection to Daniel Dr. has been prepared for City Council consideration.
ISSUES:
➢ It is anticipated that the full County Board (meeting on Tuesday morning, April 4) will be .
considering their Physical Development Committee's recommendation to require the Diffley
Marketplace development incorporate a 2 -way access to Daniel Dr. Results of that meeting,
and any action affecting potential City Council approval options for this development, will be
provided at the Council meeting Tuesday night.
➢ If any access connection to Daniel Dr. (one-way or two-way) is given consideration by the
Council, it should incorporate the appropriate amendment to condition #28 of the approved
Preliminary Planned Development.
➢ With no access to Daniel Dr. (resulting in no variance to the County's access spacing
guidelines), the County will require the current full access median break to be closed limiting
access to the development and the west parking lot of Northview Elementary School to a
right-in/right-out movement only. Also, without the additional traffic volume at the
intersection of Daniel Dr and Diffley Rd., it is doubtful that warrants will ever be met to
justify the installation of a traffic signal at that location.
Final Plat, page.'`
October 6, 2005 City Co cil Minutes, page through "'��p
ISD 196 letter, page .
Developer's attorney letter on page.
Correspondence received since 3-21-06 will be sent to the City Council under separate cover.
Djff LEy mARKETPLACE ADDITION PLAT
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Eagan City Council Meeting Minutes
October 6, 2005
Page 4
Mayor Geagan asked Chief Therkelson if he has researched the public safety impact of different certification
requirements.
Chief Therkelson stated that although he had not looked into different certification requirements, the current
ordinance requirements have been successful in regarding public safety and consumer protection issues. He
mentioned -that he is comfortable with the language of the ordinance amendment and does not anticipate problems.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to
Chapter 6, Other Business Regulation and Licensing, regarding Massage Therapy Establishment and Massage
Therapy Licenses. Aye: 5 Nay: 0
PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT A,
LEXINGTON POINTE 13TH ADDITION AND OUTLOT A LEXINGTON POINTE 7TH ADDITION) —
RELIANCE DEVELOPMENT
City Administrator Hedges introduced this item regarding a Preliminary Planned Development and a Final Planned
Development for a retail commercial development, consisting of a 43,175 square foot grocery store, and two 10,000
square foot multi -tenant retail buildings south of Diffley Road and east of Lexington Avenue in the NW '/< of Section
36. City Attorney Dougherty explained the legal constraints presented by the property's current zoning in light of
the Comprehensive Guide Plan. He also clarified the consequences of approval, denial, or continuance of the item
City Planner Ridley gave a staff report outlining deviations and variances as well as reasons for denial by the APC.
i
Council asked for clarification between the differences between the zoning of Planned Development and
Neighborhood Business as it relates to the proposed development. City Planner Ridley provided a comparison of the
two options. Council asked for an overview of the process for rezoning to Neighborhood Business. City Attorney
Dougherty stated the process and clarified that there would be little legal stance to deny the application to
Neighborhood Business rezoning.
Mayor Geagan asked for comments from the developer.
John Trouts of Reliance Development Company, .a partner in Diffley Ventures, thanked the Council for the previous
continuance. He stated that his development would provide an attractive architectural package, an over -standard
green space including an outdoor plaza, and finally a unified development plan providing continuity to the area. He
also expressed interest in reducing residential and commercial traffic mix by engaging, the developer, the City and
Dakota County in constructing a full access entrance with traffic light at the main access point on Diffley. He said
that if the main access point on Diffley had a traffic light, there would be no need for an access point off of Daniel
Drive. He also pledged to pay for 75% of the traffic light.
Mayor Geagan opened for Council discussion. Council asked Staff for their opinion on traffic options and the
willingness of the County to negotiate the access points. City Engineer Matthys reviewed the traffic options and
summarized the County's specifications on access points. Council directed staff to discuss the options.further with
the County, preferring a fully signalized main access point to be across from the elementary school on Diffley, full
access to Daniel Drive and no Daniel Drive access to the development.
Council discussed landscaping options in the development, specifying desire for double -stacked evergreens and a
decorative fence along property line to discourage walk-through traffic.
Mayor Geagan opened for public comment. Nineteen members of the public expressed their concerns including:
increased traffic, children safety, County acceptance of full-signalization proposal, store hours, architecture
congruity with neighboring buildings, scale of store, future improvements to Lexington and Diffley roads, quality of
Rademacher's franchise, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle
access to Daniel Drive, allowance of a service road, applicability of past zoning to today's needs, number of full
access points, impact of a signalized intersection on the traffic capacity of Diffley Road, property valuation after site
is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident
recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and
their impact on development size, developer payment of traffic signal, content of retail stores, impact of a destination
12
Eagan City Council Meeting Minutes
October 6, 2005
Page 5
grocery store as opposed to a neighborhood grocery store, elevation impact during grading, and the number of
conditions of approval.
Council, City staff and the developer responded to a list of questions generated during the public comment period.
Mayor Geagan closed the public comment period and turned discussion back to the Council. Council thanked
everyone for their participation and diligence in becoming educated about the issue.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned
Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 square foot grocery
store, two. 10,000 square foot multi -tenant retail buildings, and two other retail buildings upon 10.94 acres located
south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 1P Addition
and Outlot A, Lexington Point 7s' Addition, in the NW '/< of Section ,26, subject to the following conditions: Ayer 5
Nay: 0
1. A Final Planned Development Agreement shall be executed for each Phase of the development. The
following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7th
Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two
existing outlots that comprise this site into a single parcel. The platting shall be completed prior to
issuance of any building permits.
3. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings.
Only three Class II restaurants, with one drive-through service shall be permitted in the Phase I retail
buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development
Amendment.
4. The approved use for the Phase II development shall be one Class II restaurant with drive through
service and one financial institution with drive through service. Any use in.Phase,II other than the uses
specified will require an amendment to the Preliminary Planned Development.
5. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's,
Taco Bell and Arby's.
6., Phase II development will require Final Planned Development approval for each building. Each Final
Planned Development application will require a Site Plan Review by the City Council.
7. Phase 11 development on the east end of the site shall be subject to the.minirnum setback requirements
in the NB zoning district, except that any proposed buildings in Phase H shall be set back a minimum
of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road.
8. With future subdivision, cross -easements will be needed for ingress/egress and parking in a form
acceptable to the City Attorney.
9. The trash enclosures shall meet the 30 -foot setback from the south property line.
10. The development shall provide a service drive dedicated to through movements and without direct
parking stalls, from the existing access onto Diffley Road to the Walgreen's property.
11. This development shall dedicate 10' drainage and utility easements centered over all common lot lines
and adjacent to private property or public right-of-way.
12. 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.
13. This development shall dedicate adequate drainage and ponding easements to incorporate the required
high water elevation necessitated by City storm water storage volume requirements and area acceptable
to the City Engineer.
14. All public streets and utilities necessary to provide service to this development shall be designed by a
registered professional engineer in accordance with City Codes and engineering standards, guidelines
and policies.
lb
Eagan City Council Meeting Minutes
October 6, 2005
Page 6
15. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site,
the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road
for review and approval by the City Attorney prior to release of the plat and Planned Development
agreements for recording.
16. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with
current City standards prior to final plat approval.
17. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee
shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials
plus installation, as calculated by the City, and shall cover two full calendar years .subsequent to the
completion of the landscaping as provided in the approved landscape plan and shall be released only
upon inspection and written notice of conformance by the City.
18. City water quality requirements shall be met primarily through construction of an on-site pond on the
east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a
maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets
without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of
payment.
19. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate
from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by
the City Forester prior to inclusion in the Preliminary PD Agreement.
.20. The proposed Grading Plan must be revised to incorporate bemring along Diffley Road.
21. The developer shall review the Landscape Plan and revise it as necessary to address the following
issues: .
a. Selection of plants and use of taller narrower evergreen materials along the south boundary for
solid screening and appropriate size and tolerance for growing conditions.
b. Potential conflicts between parking lot island trees and site lighting.
c. Designation of mitigation plantings in addition to landscape plantings.
d. Added shrub and/or perennial beds along Diffley Road.
22. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve
the IESNA recommended standards and reduce light spillover onto adjacent residential property.
23. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot-
candle or less at all points along the development where it abuts residential property.
24. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior
material rather than EIFS.
25. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals
and stored within the building overnight.
26. Awnings on the two retail buildings shall be a canvas or Sunbrella material and 'shall not be illuminated
and shall contain no signage.
27. Hours of operation for the grocery store.and other commercial businesses shall be restricted to between
6:00 a.m. and 12:00 a.m. (midnight). .
28. The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota
County for review.
29. Grading operations shall occur only between 9:30 am and 3:00 pm.
30. The developer shall provide flagmen during grading operations.
31. Construction operations shall cease at 9:00 pm.
Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Planned
Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 sq. ft.
grocery store and two 10,000 sq. ft. multi -tenant retail buildings, upon 10.94 acres located south of Diffley Road and
east ofLexington
Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington
Pointe 7th Addition, in the NW '/a of Section 26, subject to the following conditions: Aye: 5 Nay: 0
1. A Final Planned Development Agreement shall be executed for each Phase of the development. The
following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
0 Final Building Elevations —14
`
Eagan City Council Meeting Minutes
October 6, 2005
Page 7
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
2. The property shall be platted prior to issuance of any building permits: Outlot A, Lexington Pointe 7*
Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two
existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance
of any building permits.
3. The development shall be subject to the minimum setback requirements in the NB zoning district with the
following exceptions: The two 10,000 sq. ft. retail buildings shall be set back a minimum of 40 feet from
the south property line, trash enclosures shall be set back a minimum of 30 feet; parking may be set back a .
minimum of 15 feet from Diffley Road.
Building Setbacks:
• Minimum of 50' setback front yard setback (from Diffley Road)
•. Minimum of 50' rear yard setback (south lot line) for grocery building
•
Minimum of 40' rear yard setback (south lot line) for two multi -tenant retail buildings (30'
minimum rear yard setback for trash enclosures)
• Minixnum 10' side yard setback (west lot line)
Parking/pavement setback
• Minimum of 15 feet from north property line abutting Diffley Road
• Minimum of 20' from'south property line
• 25' set back shall be provided of where possible as shown on the approved Site Plan
• 5' Minimum side yard setback (west lot line)
4. Uses permitted within the NB zoning district shall be permitted within the .two Phase I retail buildings.
5. Only three Class II restaurants, with one drive-through service shall be permitted in the retail buildings.
Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment.
6. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco
Bell andArby's.
7. The trash enclosures shall meet a minimum 30 -foot setback from the south property line.
8. The development shall provide a service drive dedicated to through movements and without direct parking
stalls, from the existing access onto Diffley Road to the Walgreen's property.
9. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and
adjacent to private property or public right-of-way.
10. 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.
11. This development shall dedicate adequate drainage and ponding easements to incorporate the required high
water elevation necessitated by City storm water storage volume requirements and area acceptable to the
City Engineer.
12. All public streets and utilities necessary to provide service to this development shall be designed by a
registered professional engineer in accordance with City Codes and engineering standards, guidelines and
policies.
13. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the
developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for
review and approval by the City Attorney prior to release of the plat and Planned Development agreements
for recording.
14. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with
current City standards prior to final plat approval.
15. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be
provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus
installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion
of the landscaping as provided in the approved landscape plan and shall be released only upon inspection
and written notice of conformance by the City.
16. City water quality requirements shall be met primarily through construction of an on-site pond on the east
end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth
Eagan City Council Meeting Minutes
October 6, 2005
Page 8
of 10 feet. To. account for the 1.04 acres of the site that drain off site to city streets without stormwater
treatment, cash, in lieu of ponding shall be paid at the rates in effect at the time of payment.
17.' The applicant shall submit a revised Tree Mitigation Plan that shows the, mitigation plantings separate, from
the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City
Forester prior to inclusion in the Preliminary PD Agreement.
18. The proposed Grading Plan must be revised to incorporate berming along Diffley Road.
19. The developer shall review the Landscape Plan and revise it as necessary to address the.following issues:
a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid
screening and appropriate size and tolerance for growing conditions.
b. Potential conflicts between parking lot island trees and site lighting.
c. Designation of mitigation plantings in addition to landscape plantings.
d. Added shrub and/or perennial beds along Diffley Road.
20. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the
IESNA recommended standards for light levels and uniformity necessary for security and safety, and to
reduce light spillover onto adjacent residential property.
21. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 footcandle or
less at all points along the development where it abuts residential property.
22. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material
rather than'EIFS.
23. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved. from the corrals and
stored within the building overnight.
24. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and
shall contain no signage.
25. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00
a.m. and 12:00 a.m.(midnight). .
26. Parking lot lighting shall be dimmed at night to a minimum agreeable with Eagan PD.
27. Storage of any kind outside of the westerly building (Rademacher's) is prohibited.
28. Replacement of all diseased or dying landscaping is required for the life of the project.
29. The developer shall install a decorative fence along the southerly property line.
30. The developer shall dedicate 75% of the cost of the future semaphore ($187,500).
31. Grading operations shall occur only between 9:30 am and 3:00 pm:
32. The developer shall provide flagmen during grading operations.
33. Construction operations shall cease at 9:00 pm.
CONDITIONAL USE PERMIT— RAMONA RODRIGUEZ
City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the 25% impervious
surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325
Carlson Lake Lane. City Planner Ridley gave a staff report.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on
property located at 1325 Carlson Lake Lane in the NW '/a of Section 27; subject to the following conditions: Aye: 5
Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council.
2. The impervious surface can not exceed 29%.
3. A landscape management plan and landscape plan shall be developed and implemented in consultation with
the Soil and Water Conservation District and the City of Eagan prior to issuance of a building permit.
7�0
INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH WEST
ROSEMOUNT, MINNESOTA 55068-4199
(651) 423-7712
FAX (651) 423-7614
E-mail: mark.parr@district196.org
March 29, 2006
Thomas A. Colbert
Director of Public Works
3830 Pilot Knob Road
Eagan, MN 55122-1897
Dear Mr. Colbert:
0 MARK PARR, Ph.D
Director of Secondary Education
MAR 3 0 2006
EAGAN
ENGINEERING DEPARTMEV
Thank you for informing us (School. District 196) of the implications surrounding a
potential commercial development located directly south of Northview Elementary
School on Diffley Road, adjacent to Daniel Drive. We are in favor, if the possibility
exists, for a traffic signal to be placed on Diffley Road, Daniel Drive and the east
entrance/exit to Northview Elementary School. A controlled intersection at that location
would enable School District 196 buses, as well as parents, who are dropping off students
better and safer access as well as more efficiency to Northview Elementary School, as we
understand the possibilities. Even though School District 196 provides busing for the
neighborhoods located across Diffley Road north, we are aware of children crossing
Diffley Road on their own volition going -to and from Northview Elementary School,
Dakota Hills Middle School and Eagan High School as well as children crossing Diffley
Road during non -school times for athletic events being held on the grounds just north of
Northview Elementary School and the Northview Park grounds.
Should you have further questions about this correspondence please feel free to contact
me at the phone number noted on the letterhead.
viliver lir
Mark Parr
Director of Secondary Education/Transportation
cc: John Currie, Superintendent
Randy Dukek, Coordinator of Transportation
Kathy Carl, Principal, Northview Elementary School
Educating our students to reach their full potential
196 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights,
Lakeville, Rosemount, and Empire and Vermillion Townships
www.district196.org
Larkin
Ho, f i
ATTORNEYS
March 29, 2006
Mayor Pat Geagan
Eagan City Council
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Diffley Marketplace/Daniel Drive Access
Dear Mayor Geagan and Councilmembers:
Iarldn Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue, South
Minneapolis, Minnesota 55431-1194
GENERAL: 952.835.3800
FAX: 952.896.3333
WEB: WWw.larlxinhoffman.com
We represent Diffley Ventures, LLC, the developer of the proposed Diffley Marketplace retail center in the
southeast quadrant of Diffley Road and Lexington, Avenue in the City of Eagan. I am writing to urge the
City Council to accept the access plan approved by the Dakota County Board at its most recent meeting.
Specifically, the County Board approved a three-quarter access linking both the Diffley Ventures and
corresponding elementary school sites to Diffley Road. The County has approved the Diffley Road access
on condition that the Daniel Drive access to the Diffley Ventures site remain "full access" to allow ingress
and egress for neighborhood vehicle traffic.
While we understand the City would prefer the Daniel access be limited to an entrance only (we had
previously accepted that limitation as either full or restricted access works for us), the County is unwilling to
accept this limitation. The ownership of Diffley Ventures feels that they have done what is possible to help
resolve this question. Therefore, we respectfully urge that the City of Eagan concur in the Diffley
Road/Daniel Drive. access as approved by Dakota County.
Please call me if you have any questions.
ly,
Pet. oyle, for
Larkin Hoffman Daly & Lindgren Ltd.
Direct Dial: (952) 896-3214
Direct Fax: (952) 896-3265
Email: pcoyle@larkinhoffinan.com
nan.com
cc: Tom Colbert
Jon Hohenstein
Mike Ridley
Michael Dougherty, Esq.
Diffley Ventures, LLC 106�193a
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
VII. NEW BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT — LESLEY TSCHERNE
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Planned Development
Amendment to allow a kennel, by definition, upon residential property located at 3812
Blackhawk Ridge Place, subject to. the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
i The property is a %2 -acre lot with a single-family home on a cul-de-sac that backs up to I -35E.
i The applicant has periodically taken in special -needs dogs at, the subject site, unaware there was
any Code violation.
i The applicant has three dogs of her own and states that she cares for no more than 4 outside
dogs at any given time.
➢ By definition, a kennel is defined as "any place, building, tract of land, abode or vehicle,
wherein or whereon.a total of four or more dogs ... over six months of age, are kept, kept for
sale, or boarded."
i If approved, an administrative kennel license would be required.
i No changes or alterations to the property or home are necessary to accommodate the use.
i The back yard is fenced to allow outside area for the dogs.
i The Animal Control Officer has inspected the property and she reports that the dogs are all
well -cared for, the animal rooms are spotless, and that there have not been any reported traffic
issues from the neighborhood.
i The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval.
ISSUES:
i One commissioner was concerned that this option would not be available to any non -PD zoned
residential use and that others may want the same consideration for the number of their pets.
60 -DAY AGENCY ACTION DEADLINE: April 17, 2006
ATTACHMENTS (2):
Draft APC Minute arch 28 d d through
Staff report, pages�hrough
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
March 28, 2006
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March
28, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members
Hansen, Dugan, Bendt, Chavez, and Gladhill. Also present were, City Planner Mike Ridley,
Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and
Recording Secretary Camille Yungerberg.
AGENDA
Member Bendt moved, Member Chavez seconded a motion to a the Agenda.
All voted in favor. Motion carried 6-0.
February 28, 2006, ADVISORY PLANNING C0MMI'SSION MEE MINUTES
Member Hansen stated the vote on adjournment O be 7 -0 --
Member Chavez moved, Member Bendt seconded a m6fL—q_hffappr6ve the February 28, 2006,
Advisory Planning Commission Meeting minutes as amen K
All voted in favor. Motion carried 6-0.
III. VISITORS TO BE HEARD (10 MINUTE TOTAL N; 1lIIT).
IV. PUBLIC
New Business
A. Lesley Tscherne
Applicant Nt-"`jr Tsch-
LocationA612 Bladkf ff Roads 15, Block 2, Blackhawk Ridge 2nd Addition
Applicab n: Planned Deg— ment „ ,dment
A PIORV.:Qevelopment AR—wdmenfi—fd allow a kennel service in a single family home.
File N=66-921-PA-03-02-6E—
City
=66- _ _ . 1 -PA -03-02-0
City Planner Richt ntroducgd this item and highlighted the information presented in the City
Staff report dated - h 8„006. He noted the background and history.
Lesley Tscherne, 381 9lackhawk Road, stated the issue is of great importance to her.
Chair Heyl opened.the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the discussion
back to the Commission.
Chair Heyl stated the owners of the adjacent property have not complained and as, long as it is
limited to four guest dogs, she will vote in favor of.
March 28, 2006 Advisory Planning Commission Minutes
Page 2
City Planner Ridley stated that, if approved, the Planned Development Amendment will require
annual licensure. He also explained that only the current zoning of the property allows for the
requested kennel via a Planned Development Amendment.
Member Gladhill stated the services provided by Ms. Tscherne are wonderful; however, he
stated concern that the Planned Development Amendment would not be an option if the
property were zoned standard R-1. He stated concern that others will want the same
consideration for the number of pets.
Member Bendt stated support for the proposal.
Member Bendt moved, Member Chavez seconded a motion to recommend approval of a
Planned Development Amendment to allow a kennel on property L=--Od at 3812 Blackhawk
'-�
Ridge Place in the SE corner of section 16 subject to the followmknditions:
1. The Planned Development Amendment Agreement shalkO, recdf& again
Dakota County.
2. The premises are allowed no more than four (4) Bugs at any one°°w
3. The applicant must maintain a current kennel liceaase issued by the City.
4. No full-time boarding of animals for commercial Poses nay occur on thi4l
5. The operations of the kennel must comply with tndard'tn Chapter 10
regarding the keeping of animals.
Chair Heyl stated this is a unique situation -with a large lot.
A vote was taken..
Aye: Chair Heyl, and Members .Hansen, Duan,w7-d d Chaves
Nay: Member Gladhill.
Motion carried 5-1.
the property at
City Code
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 8, 2006
APPLICANT: Lesley Tscherne
PROPERTY OWNER: Same
REQUEST: Planned Development Amendment
LOCATION: 3812 Blackhawk Ridge Place
CASE: 21 -PA -03-02-06
HEARING DATE: March 28, 2006
APPLICATION DATE: February 15, 2006
PREPARED BY: Nicole Cook
COMPREHENSIVE PLAN: LD, Low Density Residential
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow a kennel,
by definition,. on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2,
Blackhawk Ridge 2° Addition. The applicant would like to continue providing dog
"babysitting" services at her home.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations. of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
This property consists of a %z acre lot located on a cul-de-sac that backs up to 35E. The applicant
has periodically taken in special -needs dogs at the subject site -over the past year or so, unaware that
there was any Code violation. For an average month, Ms. Tscherne will baby sit for 3 dogs for a
total of 12 days.
Planning Report — Tscherne PDA
March 28, 2006
Paize 2
EXISTING CONDITIONS
The single family home built in 1993 is located about 50 feet from the cul-de-sac near the
southwest corner of the lot. A fence extends from the north-east corner of the garage, around the
entire backyard and reconnects with the southeast corner of the house: The applicant has three
dogs in her home.
The City of Eagan Animal Control Officer has visited the site and she reports that the dogs are all
well -cared, the animal rooms are spotless, and that there have not been any reported traffic issues
SURROUNDING USES
The site is surrounded by single family homes, zoned PD and guided LD, and I -35E.
EVALUATION OF REQUEST
Code Requirements — The property is zoned PD Planned Development. Section 11.67 states in
part, "uses approved and permitted under a planned development shall only include permitted,
conditional and accessory uses allowed in residential districts in the city and those business,
industry and institutional uses specifically approved as part of the planned development and in
accordance with standards herein provided."
r
Planning Report — Tscherne PDA
March 28, 2006
Page 3
Section 6.38 City, Code defines a kennel as "any place, building, tract of land, abode or vehicle,
wherein or whereon a total of four or more dogs, cats, ferrets, or rabbits or combination thereof,
over six months of age, are kept, kept for sale, or boarded." Additionally, a license is required to
operate or maintain a kennel. The license requirements and other City Code provisions relate
specifically to the operations and conditions in which the animals are kept.
If approved, .the City Code requires an administrative kennel license (in addition to the Planned
Development Amendment). Therefore, there will be regular inspections by the Animal Control
Officer for the annual kennel permit.
Proposal — The applicant states that she cares for no more. than 4 outside dogs at any given time.
She further states that she would not need to change anything on her property, physically or
structurally, if the request is `granted.
The request is not for a full-time kennel operation but, rather, she cares for dogs only as needed
by their owners. The dogs she cares for are primarily geriatric or special needs dogs that require,
among other things, medication, special diets, and' special attention or those that are emotionally
challenged.
The applicant's narrative states: "This work is my life,. my passion, and my formal training and
education. By you allowing me to occasionally baby-sit a few special needs dogs; I feel that I am
contributing greatly to the public's need for a safe, healthy, place to leave your dog which
hopefully leaves you with a total piece of mind. I am 52 years old and everything I have done in
my life prior to now, has led me to this point. I welcome any restrictions; visitations by city
officials, and annual renewal."
Numerous neighbors have written letters (attached) on behalf of the applicant.
Site Plan — The applicant's home is not designed, or setup, for a standard kennel operation. Ms.
Tscherne has 2 bedrooms in her home reserved for visiting dogs. Each bedroom contains at least
one twin -sized mattress that lies on the ground to allow the dogs a comfortable place to relax.
The rooms are decorated in an animal motif and include food and water dishes, toys, treats, and
even cable television. The back yard is completely fenced in with a large, wooden, privacy fence
to allow the dogs room to run and exercise.
SUMMARY/CONCLUSION
Lesley Tscherne is requesting the approval of a Planned Development Amendment to allow a
kennel on the 1/2 acre lot located at 3812 Blackhawk Ridge Place. A kennel is required, by City
Code, to house more than four dogs at any one property. Ms. Tscheme has three dogs of her own
and she would like to continue providing occasional dog "babysitting" services at her home.
��A.
dp
Planning Report — Tscherne PDA
March 28, 2006
Page 4
As proposed, the applicant would be caring for no more than 4 guest dogs at any one time, most
of which are special needs pets that require a high level of care and would not function well in a
traditional kennel environment.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development. Amendment to allow a kennel on property
located at 3812 Blackhawk Ridge Place in the SE corner of section 16. If approved the following
conditions shall apply:
1. The Planned Development Amendment Agreement shall be recorded against the property
at Dakota County.
2. The premises are allowed no more than four (4) guest dogs at any one time.
3. The applicant must maintain a current kennel license issued by the City.
4. No full-time boarding of animals for commercial purposes may occur on this property.
5. The operations of the kennel must comply with the standards in Chapter 10 of the City
Code regarding the keeping of animals..
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning Map
Current Zoning:
3D
Planned Development
800 a 600 7200 Foot
Comprehensive Guide Plan
Land. Use Map
I Current Land use Designation:
LD
Low Density (0-4 units/acre)
aW .. 0 no 7200 Foat
Cite of Eagan
Lesley Tscherne
PD Amendment
21 -PA -03-02-06
P
A�
j■■r7 -
r o■el''►
MVAN'i�. t • .
Pesci ba" map'Infennation,providadby Dakota County Land Survey Deparbeeit Deembe 2006.
Zoning infermntion maintained biCity Stag
THIS MAP IS INTENDED FOR REFERENCE USE ONLY 57
The City of Eagan and Dakota County do not guarantee the accuracy of this Information.
N
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The intent of this request is to be granted permission by the City Council of Eagan to
babysit just 2 families of dogs within my home. They are primarily geriatric, elderly or
with special needs, be it physical or mental. I actually have been doing this for a little
over a year without realizing this would constitute running a "kennel".
A "Good Samaritan" felt the need to inform the City of Eagan of my occasional caring for
dogs and that's why I'm here before you now.
• There is no time line because nothing at all needs to change from how my home is
now.
• The. existing, land use of the subject property is "planned development" or "my home".
My house is 3200 sf sitting on almost a'/2 acre of land contained within a wooden
privacy fence. The majority of my Land backs up to 35E.
• My home is in a planned development. There are 16 homes within 350 feet of my
property. Seven of these homes are actually in an entirely different cul de sac but
happen to shoot off the back of my back yard.
• The impact of this planned development amendment will not change one thing to
the surrounding area. Nothing will change physically or structurally if this request
is granted. Everything will be the same as it has been since I moved in in 1997. My
property borders 35E on the entire back of my home. I live on a quiet cul de sac with
Blackhawk Lake directly behind the houses across the cul de sac. I have included
letters from my immediate neighbors stating that this would not be a problem or ever
has been. These dogs lounge very comfortably within one of my 2 guest bedrooms.
( letters and photos inclosed)
• The impact of this planned development amendment is nil. Not one thing will
change the ,st blest property itself. It will be as it has been for the last 9 years.
• In regards to your question of the -impact of this planned development amendment on
city services such as sewer, water, storm water run-off and roads is ZERO. Nothing is
affected.
• In regards to the question of whether this proposed land use amendment would result
in better use of the land, I definitely feel that helping a couple of elderly or special
needs dogs in a quiet, loving, knowledgeable environment, couldn't be anything but a
"better" use of 2 spare bedrooms in a big, empty house
I have never, ever had one animal related complaint filed against me.
Thank you for your attention
RECEIVED FEB 152006
u
-Written -narrative concisely-describing_the_"publlc_beriefit" of the proposed amendment
How many of you have or know of a dog that is either:
• elderly, geriatric or just on in years ?
• physically challenged in some way be it blind, deaf, or could even have something as common as hip
dysplasia and needs help walking or just getting around?
• has anxiety issues and needs special attention and comfort?
• needs ear or eye ointment daily or is taking daily pills ?
has an ongoing chronic illness such as Pancreantitus, Addison's, Cushings disease?
• very sensitive or in an emotional state that leaving it alone in a traditional kennel would mentally or
physically end up traumatizing them?
What I have done is opened the two guest bedrooms in my home to a small number of dogs. (4 max.)
They are usually owned by my neighbors, friends or relatives. The people that ask for my help greatly fear
leaving their pets behind when they need to travel for personal, business or inevitable family
emergencies. (hospitalization, family crisises).
I have made these rooms as safe, sanitary and comfortable as possible. They include human beds along
with puffy dog beds. They have color television with cable. It is not unusual for me to talk with these
parents daily regarding the health of their dogs.
When I watch a dog for you, it has my full attention. I do special diets. I lifts and carry the lame ones
outside. I nurture and love the emotionally challenged ones. I administer daily medicines and frequently
care for them late at night when no one is around in a conventional kennel situation. Being I only baby sit
a couple of dogs, bordetella or kennel cough is unheard of when they stay with me.
Sometimes, the dog is not the issue as much as the owners. When family emergencies or medical
crisises arise, giving proper notice at a traditional kennel can be a problem. I am always flexible and
ready to help in these situations. Frequently in an emergency, I will drive to pick up these dogs allowing
the parents to attend to and concentrate on their crisis.
Please understand, I am not asking to run a kennel operation. I am not asking to allow dogs to run wild
and bark in my back yard. My caregiving is the total opposite of that.
I am only asking your permission to allow me to care for a few special dogs (only 2 families) in the privacy
of my home. I have never had a noise complaint. I have never had a feces complaint.. I have a Y2 acre of
land that is fenced and live on a quiet cul de sac backing up to 35E. Most of my neighbors never even
knew what I did until I told them. Then, they would ask me to help their dog.
From 1995 to 1999, 1 created and ran one of the most well established and respected dog facilities in the
country. (Silver Dog Bed and Biscuit) This work is my life, my passion and my formal training and
education. By you allowing me to occasionally babysit a few special needs dogs, I feel that am
contributing greatly to the publics need for a safe, healthy place to leave your dog which hopefully leaves
you with total "peace of mind".
I am 52 years old and everything I have done in my life prior to now has led me to this point.
I welcome any restrictions, visitations by city officials, and annual renewal.
Thank you very much
G
RECEIVED FEB 15
- --- ..__...... -..-_ .. .
McClea , Monica J
MONICA MCCLEARY
525 STAPLES AVE.
MENDOTA HEIGHTS, MN 55118
PHONE 651-457-2425
January 24, 2006
To Whom it may concern,
Lesley Tscherme has cared for our dog, Huey, for the last two years when we have been out of town.
Prior to this, Huey stayed with my parents who took care of him when we were gone. In October 2003
1 lost both of my parents in one week so I had no one else to take him. It has been a blessing to us to
have Lesley to take him.
Huey is a ten year old Skye terrier. This is a fairly rare breed and he was quite an expensive pet to buy.
Huey requires very special care for a severe health condition. He is afflicted by Addison's disease, which
is the total absence of adrenal function. In other words his adrenal glands can not produce glucocorticoids
or mineral corticoids whcih are essential to life itself. Because of this illness he needs to take prednisone
every day and sees the veterinarian once monthly for injections of desoxycorticosterone. Huey also has
protein losing enteropathy and has to be kept on a fairly strict diet.
Lesley is able to make sure he has his medication and special diet every day. We feel very confident
that his health needs are being met when he stays at her house. He is comfortable there. Stress in a
dog with Addison's disease can lead to an Addisonian crisis which is life threatening. He would do poorly
in a kennel where he would not get the tender care that Lesley provides. I don't know what we would do
if she was unable to take Huey into her home.
Please contact me if I can be of further assisstance.
Sincerely,
Monica J. McCleary
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RECEIVE") 4 -ER 15 200E
February 15, 2006
TO: The City of Eagan
We have lived two doors down from Lesley Tscherne for over 10 years and we have
never ekperienced any kind of negative activity regarding the occasional dog sitting that
she has done in her home. There has been absolutely no disruption in our cul-de-sac
from either traffic or barking.
Lesley is a great care giver of animals and has personally helped us out in situations
where we have asked her to let our dog out during. the day. Her service is very valuable
to us and the rest of the neighborhood.
We would sincerely be against any kind of change in the current situation that Lesley has
in our neighborhood.
J'illiam and Joann Cala 1
3804 Blackhawk Ridge Place
Eagan, MN 55122
651-686-7830
n e- l
alti.o vs� s
�I qL RECEIVED FEB 15 20BE
February 7, 2006
To Whom It May Concern:
My name is Michelle Dehnel. My husband Jerry and I live at 3808 Blackhawk Ridge
Place. We have lived next door to Lesley Tscherne since 1997. That is why we are
writing this letter.
We need you to know that Lesley occasionally baby sitting a dog or two, has NEVER
adversely affected us. We have never experienced additional traffic. We have never, heard
any barking. We have never seen feces in either her front yard or back yard.
(which we have a perfect view of from our deck!)
We no longer have a dog but when we did, Lesley was always ready to help us out when
we needed her. Our dog was elderly and was on daily medicine. The fact that she
desperately cares about the welfare of these special pets was always very reassuring when
we had to leave him.
We sincerely hope she is allowed to continue. Her high level of care for these few dogs
has definitely been a public benefit to our neighborhood..
Thank you,
V
Michelle and Jerry Dehnel
3808 Blackhawk Ridge Place
Eagan, MN 55122
%A
J2rrGj 4 101 cCAP, �(f-
a3 RECEIVED FEB 15?006
Keith & Debby Grittner
3815 Blackhawk Ridge Place
Eagan, Minnesota 55122
City of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
To Whom It May Concern:
We are writing this letter on the behalf of Lesley Tscherne, our next door neighbor for
some nine years now.
Ever since Lesley moved in we have known about her love of dogs.' She has two dogs of
her own and occasionally baby sits dogs of others. Many of the dogs she baby sits are
those of neighbors, or those in need of special care.
There has never been a problem with noise or traffic in our cul-de-sac due to Lesley. She
has a very nice setup for any dog, with high privacy fences and a well maintained yard. In
fact you would probably not even know there were dogs on the premises.
We sincerely believe that Lesley is providing a benefit to those who need a baby sitter for
their dog. There has never been any, adverse affects of this which would include excess
barking or increased traffic.
Please feel free to call us with any concerns or questions you may have.
Thank youi
Keith & Debby Grittner
3815 Blackhawk Ridge Place n-) rn ed, I a
Eagan, MN 55122
651-456-5878 nee /SPA PA to p r
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CI -/ -T
ahool Mail - mychulitas@yahoo.com
61 tiL
From: "David Fondler <dfondler@hotmall.com>
To: mychulitas@yahoo.com
Subject: Lesley Letter
Date: Tue, 14 Feb 2006 14:04:15 -0600
To whom it may concern:
02/14/2006 02:57 PM
Print -Close 1Nin ow
This is a letter in support of Lesley Tscherne. Lesley and I have been
friends for more than three years. On several occasions, Lesley has
done me
ravo when I have gone out of town. Bravo
the favor of watching my dog B
is
about 14 years old and has several old -dog ailments. He needs special
care
and regular medications. I don't know what I would have done if Lesley
had
not been there to care for him. I trust her implicitly, much more than
I
would a commercial kennel.
David Fondler
Business News Editor
St. Paul Pioneer Press
651-470-0867.(cell)
0 g Q,0
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4s+.
http://us.f528.mall.yahoo.com/ym/ShowLetteObox-Inbox&Msgld=38... earch=&PRINT=1&Showlmages=&W=44100&order=down&sort=date&pos=0 Page 1 of 1
I r)
"7 RECEIVED FEB 15 2606
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING -
SUNRISE PROPERTIES
ACTION TO BE CONSIDERED:
To direct that a Comprehensive Guide Plan Amendment to change the land use designation
from LD, Low Density residential to HD, High Density residential, upon approximately 5.1 acres
located northwest of Hwy. 13 and Silver Bell Road be submitted to the Metropolitan Council for
review and approval (OR direct preparation of findings for denial).
REQUIRED VOTE FOR APPROVAL: At least four votes.
FACTS:
➢ The site consists of two unplatted.parcels comprising 5.1 acres and containing an existing
single-family home which was constructed in 1966.
➢ The property is surrounded by single-family, multiple -family and industrial uses.
➢ The property is heavily wooded with a ravine along the west edge of the site.
➢ This site sits adjacent to property of Metropolitan Council Environmental Services,, on
which Kennealy Creek and an extensive wetland area exist.
➢ Development of this site raises issues with tree removal, potential for erosion, and
protection of sensitive natural resources nearby.
➢ The site is located within the one -mile buffer area of the 60 dB contour, placing it within
Airport Noise Policy Zone 4.. Shared -entry multi -family residential dwellings are
anticipated to be a provisional use within the Buffer Zone. As such, sound attenuation
construction standards will apply.
Public street access to the site is currently provided via Wuthering Heights- Road.
➢ The Applicant's concept plan shows access via private street easements over other private
property. This is not consistent with City Code. Access should be provided via public
street.
➢ If access is provided via Wuthering Heights Road, it would need to be upgraded to
current City standards with concrete curb and gutter and bituminous paving.
➢ The proposed HD land use designation allows 12+ units per acre.
➢ The proposed R-4 zoning is consistent with the HD land use designation.
➢ The APC held a public hearing on March 28, 2006 and recommended approval of the
Comprehensive Guide Plan Amendment and denial of the Rezoning to R-4. The APC
stated that PD zoning would be more appropriate given the sensitive nature of the site and
the issues concerning access.
ISSUES:
➢ Surrounding industrial and other multi -family development in the area, as well as the
airport noise compatibility guidelines, support the proposed change to a land use
designation of HD.
➢ Since Comprehensive Guide Plan amendments are subject to review and approval of the
Metropolitan Council, formal action on the associated Rezoning will be withheld until the
Metropolitan Council has responded to the proposed Comprehensive Guide Plan
Amendment. It is still appropriate for the Council to comment on the proposed Rezoning
from A to R-4 at this time.
➢ Given the sensitive physical characteristics -- trees, topography and proximity to a
sensitive wetland and the Minnesota River flats -- as well as the applicant's desire to
utilize new driveway accesses via private easements rather than the existing public street
access, the APC stated that a PD, Planned Development zoning would be more
appropriate than the proposed R-4.
ATTACHMENTS. (2):
Draft APC Minutes o�ff;ough
ages through
Staff report on pages
March 28, 2006 AdVisory Planning Commission Minutes
Page 3_-..
B.Bassett Property
Applicant Name:r Sunrise Properties
Location: 2101 Wuthering Heights Road;
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan Amendment of 4.6 acres from Low Density (LD) Residential to
High Density (HD) Residential.
File Number: 18 -CG -02-02-06
Application: Rezoning
A Rezoning of 4.6 acres from Agriculture (A) to Residential' Multiple. (R-4).
File Number: 18-RZ-02-02-06
Planner Dudziak introduced this item and highlighted the information p esented in the City. Staff
report dated March 21, 2006. She noted the background and history ..
Greg Schlink, Sunrise Properties stated the possibility of makingffl cess road to the east a.
public street. He stated a neighborhood meeting was conduced wli even of the. nine
homeowners attended, all expressing concern for the incrgasrjfn traffic== -Ne discussed grading
of the property and the ravine which will be impacted. .ue�sted thati """ propriate use of
the property be discussed. He requested that he bei,Mowed to move forwa i h the project,
starting with the Comprehensive Guild Plan.
Chair Heyl opened the public hearing.
Rhonda Hawkins, 2121 Wuthering Heigtts,Road, stated thefl@Ve on a dirt road and they enjoy . .
the seclusion. She asked that the develo Mt -be completed wMmut using their roadway.
Eric Vevea, 1496 Sherwood Way, asked tha";tl
Comprehensive Guild Plan. He stated the IoW,
(Commission protect the.
should remain.
There being no further,, is c ent, Chair FfevI :closed tfle public hearing and turned the
discussion back to tom~ mmfssfo
Chair Heyl stated her su
stated many„, eve
the north -sit... ru'r
apartrggAR building. SFM
a PIS � evelopment
impacts.
City Planner Riexpl
designation.
Member Gladhill sts
Chair Heyl in that a
�.�ehens.e Guild Plan change and density. She
jRFA in t ,w, o five years to support the change, including
e sfffYgLpubllc street access is needed to serve the proposed
tted du the site sensitivity with grading and erosion, she believes
Wd be m - ppropriate to lock down the exact development and
history behind the current Comprehensive Guild Plan
gher density is appropriate for this area. He stated agreement with
ed Development is more appropriate for the property.
City Planner Ridley stated concern for the.east access point (public or private) due to the
industrial traffic carried by Kennebec Road and the location .of the driveway cut near the
Kennebec Road/Silver Bell Road intersection. He stated public access, if not from Wuthering
Heights Road, would be better suited on the west end of the property.
.Member Dugan stated general support for the proposal; however, he stated concern that the
Comprehensive Guild Plan change is premature until public access is provided to the site.
Member Gladhill moved; Member Bendt seconded a motion to recommend approval of a
P^r"r%rohnnci%ia rznirla Plan Ampndmpnt to chanae the land use desianation from LD.. Low
March 28, 2006 Advisory Planning Commission Minutes
Page 4 -
Density
Density residential to HD, High Density residential, upon approximately 5.1 acres located
northwest of Hwy. 13 and Silver Bell Road in the SE % of Section 18.
Member Hansen stated support for the proposal if Wuthering Heights Road were to be made a
public and paved street. He stated concern with the lack of public access.
A vote was taken.
Aye: Chair Heyl, Members Bendt, Hansen, Gladhill, and Chavez.
Nay: Member Dugan.
Motion carried 5-1.
Member Gladhill moved, Member Bendt seconded a motion to recommend denial of a
Rezoning to change the zoning of the property from A, Agriculture, to R-4, Residential Multiple,
residential, upon approximately 5.1 acres located northwest of Hwy &nd Silver Bell Road in
the SE % of Section 18. .
Chair Heyl stated the reasons for denial are that the, flexibilitffa PlanE
appropriate for the property due to environmental concerr]& mess post
She further stated a Planned Development would provido ffadity more
and development.
All voted in favor. ' Motion carries (j -u.
Development is
,and the density.
�9I on site impacts
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006 CASE: 18 -CG -02-02-06
APPLICANT: Sunrise Properties
PROPERTY
OWNER: Betty Bassett
Silver Pines. Acquisition, LLC
REQUEST: Comprehensive Guide
Plan Amendment
HEARING DATE: March 28, 2006
APPLICATION'DATE: March 1, 2006
PREPARED BY: Pamela Dudziak
LOCATION: 2101 Wuthering Heights Rd. /west of Silver Bell Road and Hwy. 13
COMPREHENSIVE PLAN: LD, Low Density/ HD, High Density.
ZONING: A, Agriculture; R-4, Residential multiple
SUMMARY OF REQUEST
Sunrise Properties is requesting a Comprehensive Guide Plan Amendment to change the land
use designation from LD, Low Density residential to HD, High Density residential, and a.
Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres
Iodated northwest of Hwy. 13 and Silver Bell Road in the SE'/a of Section 18.
AUTHORITY FOR REVIEW
Comprehensive Guide Plan Amendment:
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land. Use Plan is 'a guide and may be amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to' determine if the
change is in the best long-range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
Planning Report = Sunrise Properties
March 28, 2006
Page 2
Rezoning:
City Code Chapter 11, Section 11.50, Subd. 5 states in part,
1. The provisions of this chapter may be amended by the majority vote of the council,
except that amendments changing the regulations of any district may only be made by an
affirmative vote of two-thirds of all members of the council.
2. The City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
BACKGROUND/HISTORY
Histo . — The single-family residential neighborhood which includes this site was initially within
Cedar Grove Special Area #5 as designated in the City's Comprehensive Guide Plan, and the
Cedar Grove Redevelopment District. The City adopted policies for Special Area #5 and for the
Cedar Grove Redevelopment that would prevent further subdivision of land and construction of
new single-family homes in this area. Based on the request of the neighborhood, the City later
adjusted the boundaries of the Special Area and Cedar Grove Redevelopment District to exclude
the residential neighborhood, however, staff believes the adopted policies remain valid.
Area Development — The site is surrounded by a variety of different uses. Public Facilities to the
west, industrial to the north and east, multiple residential to the south, and single-family
residential to the west.
Zonin — The property is currently zoned A, Agriculture. The property had a variety of zoning
designations throughout the 1960s and early 1970s. Between 1960 and 1974 the zoning included
industrial, single-family residential, residential 4-plex and residential multiple. In 1974 the
property was zoned single-family residential which it remained until 1981 when the zoning was
changed to Agriculture. The property is currently zoned Agriculture.
Comprehensive Land Use Plan — The City's Comprehensive Guide Plan currently designates the
property for LD, Low Density residential use. In 1974, the land use designation was R -M, Mixed
Residential (3-6 units/acre), and in 1980, it changed to Industrial. With the update of the City's
Comprehensive Guide Plan in 2001; at the request of the residential neighborhood, the City
achieved consistency between the land use and zoning of the residential neighborhood --
including this property -- by changing the land use designation from Limited Industrial to LD,
Low Density residential; the adjacent apartments to the south were designated HD, High Density
residential:
EXISTING CONDITIONS
The site consists of two unplatted parcels and contains a single-family home which was
constructed in 1966. The property is heavily wooded with significant variations in topography.
10
Planning Report = Sunrise Properties
March 28, 2006
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use
North Seneca Plant
South Apartments/Lo
East Industrial
Northwest/ Vacant/Single-
Southwest family
EVALUATION OF REQUEST
Proposal
I-1, Limited Industrial
R-4, Multiple Residential
I-1, Limited Industrial
PF, Public Facilities/
R-1, Single Family
Residential
Land Use Designation
IND, Limited Industrial
HD, High Density residential
IND, Limited Industrial
QP, Quasi -Public/
LD, Low Density residential
The applicant, Sunrise Properties, proposes to change the land use designation from LD, Low
Density residential to HD, High Density residential upon approximately 5.1 acres located at 2101
Wuthering Heights Road. A Rezoning of the property from A, Agriculture, to, R-4, Residential
Multiple is also proposed. The HD land use designation allows for gross residential densities of
12+ units per acre. The R-4 zoning requires a minimum lot area per unit of 2,750 sq. ft. for
buildings containing more than 6 units. The R-4 lot requirement of 2,750 sq. ft. per unit results
in a density of 15.8 units per acre.'
The Concept Plan submitted by the applicant shows a four-story 107 -unit apartment building on
the 5.1 -acre site. The Concept Plan includes an adjacent 1.7 -acre parcel to the south which
would be used for ponding and access. The adjacent parcel is currently guided HD and zoned
R-4 and thus, does not require the same land use amendment or rezoning.
In support of the land use and zoning change for the 5:1 -acre site, the applicant's narrative states
it is their intent "to provide multiple family housing, while minimizing the impact to adjacent
single family residences." The narrative further states that because of recent office/warehouse
development to the north, apartment/condominium development to the southeast, and the recent
opening of Runway 17/35 at the MSP airport, "the site's continued use as single family
i.
residential is not compatible with these uses."
The applicant's narrative indicates the following reasons the proposed land use and zoning
amendments result in abetter use of the land: a) "multiple. family housing is the highest and best
use of the land;" b) "it will have a significant impact on the redevelopment of the area"; c) it
"will provide positive economic benefits to the residents of Eagan"; and d) "it will provide work
force housing for the nearby employment centers."
"Im
Planning Report_.- Sunrise Properties
March 28, 2006
Page 4
Environmental Impacts
Topogaphy — The site is heavily wooded and generally slopes to the northwest. A heavily
wooded ravine extends along the west edge of ,the site. The ravine has steep slopes with
significant natural resource considerations, including tree preservation and impacts to
downstream property. This ravine is directly above the Minnesota River flats, and appears to be
highly susceptible to erosion., The ravine should be subject to stringent temporary and permanent
erosion control measures with any type of land use and development. The preliminary concept
plan submitted shows potential development within the; southern portion of the ravine area.
Given the significant natural resources within and downstream from the development site,
consideration should be given to limiting development to outside the ravine area.
Storm Drainage — Development of this site will require the construction of storm water ponding
to control rate of runoff and for water quality purposes.
TreesNegetation —Development of this site will be subject to conditions of the City of Eagan Tree
Preservation Ordinance (City Code Chapter 11, Section 11. 10, Subd. 15.1). According to City of
Eagan Tree Preservation Ordinance, allowable removal of significant vegetation for this type of
development (multiple -lot, multi -unit residential) is set at 47.5%. Tree removal exceeding the
allowable limit is an exception to the ordinance. In that event, the developer must demonstrate
"practical difficulties or practical hardships result[ing] from strict compliance." The developer will
need to submit a Significant Tree/Woodland Inventory and Tree Preservation Plan at the time of
building permit application. If removal exceeds the allowable limit, mitigation is required in
compliance with the Tree Preservation Ordinance. In that event, a Tree Mitigation Plan
demonstrating compliance with mitigation requirements will also be necessary.
The applicant acknowledges that "significant grading and tree removal will likely occur on the
property in order to meet its intended multi -family use." and that the adjacent 1.7-acres,"could
provide an area for tree mitigation, if needed."
Wetlands/Wildlife — Because of the steep slopes on the property and potential for erosion as a
result of construction, it may be appropriate to have the proposed development reviewed by the
Lower Minnesota River Watershed District, in which the property lies.
There are no jurisdictional wetlands on the property; however, this site sits adjacent to
immediately adjacent to property of Metropolitan Council Environmental Services, on which
Kennealy Creek and an extensive wetland area exist.
Water Ouality — Because of the size of the proposed development, stormwater treatment ponding
would be required at the time of development and is expected to meet a majority of Eagan's
water quality requirements.
Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Planning Report — Sunrise Properties
March 28, 2006
Page 5
in its Transportation Policy Plan that anticipates the impacts from the continue(. operauan of u70
airport at its current location. Historically, the City has attempted, where possible, to minimize
land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive
Guide Plan currently designates the area as LD, Low Density residential.
The site is located 3.5 miles south of the north -south runway at MSP, adjacent to the arrival and
departure flight track for that runway. Based on the Metropolitan Council Policy Contours
adopted in 1996, the site is located within the one -mile buffer area of the 60 dB contour, placing
it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility
guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it -is
anticipated that shared -entry multi -family residential dwellings will be a provisional use within
the Buffer Zone.
This property is located within Airport Noise Policy Zone 4. With the opening of the new North-
South runway at MSP in Fall 2005, this property experienced increased exposure to aircraft
overflights. Architectural designs and construction methods for construction of a shared -entry
multi -family building should incorporate sound attenuation standards sufficient to achieve an
interior sound level of 45 dBA.
Infrastructure Impacts
Access — The subject site is not land -locked; public street access is, and should continue to be,
provided via Wuthering Heights Road. However, the applicant does not propose to. utilize the
existing public street. The Concept Plan shows driveway accesses at two locations, both via
private easement across adjacent properties. This request could be accommodated through a
Variance (with a demonstrated hardship) or Planned Development zoning:
The applicant has indicated that there is currently a private easement across the existing
apartment complex property at 2099 Silver Bell Road. The other proposed access onto Kennebec
Drive will require the acquisition by the applicant of a private easement across Lot 1, Block 1
Cedar Bluffs Business Center (3711 Kennebec Drive), a recently constructed office/ warehouse
facility.
The City Code does not allow for parcels where access is provided only by private streets. While
the'applicant has indicated "impacts to the [single-family] residential neighborhood to the west
will be minimized,by prohibiting access to the residential street," this street, Wuthering Heights
Road, is the galpublic street frontage available to the site. The concept plan submitted does not
depict access to Wuthering Heights Road, a rural -section gravel road within public right-of-way
south of the site. Public street access to development of thissite should be via Wuthering Heights
Road. If access is provided onto Wuthering Heights Road, the entire length of street from Silver
Bell Road would need to be upgraded to current City standards with concrete curb and gutter,
storm sewer, and bituminous paving.
IVA
Planning Report — Sunrise Properties
March 28, 2006 .
Page 6
Fire/Emerjgency Access — The Fire Marshal has indicated that any multi -family development on
this site will need to provide emergency drive lanes such that access is provided, at a minimum,
to within 150 feet of all points of the building. The developer should be aware of this as it may
require additional grading on the northwest side of the building to accommodate such an
emergency access, and may increase site disturbance, tree loss and potential for erosion.
Utilities — Water main and sanitary sewer service is readily available to serve development of the
property.
Comprehensive Land Use Impacts
Historically, this site has been zoned for residential use since the 1960s. The most recent update
to the City's Comprehensive Guide Plan designated this site for LD, Low Density, residential
development (0-4 units per acre). The site is adjacent to a variety of other uses — single-family
residential, multi -family residential and limited industrial.
The proposed multi -family use of the property would be an extension of existing multi -family
development to the south, and a contrast to the existing single-family homes to the west. The
existing apartment buildings are three -stories in height. The proposed high density use is
compatible with land use policies relative to the airport and noise exposure.
School System
This property is located in ISD 4191 and would be served by Sioux Trail Elementary
(Burnsville), Metcalf Junior High School, (Eagan), and Burnsville Senior High School
(Burnsville). The district indicated approximately. 32 students would be anticipated from a
multiple family development on this property, as opposed to approximately 27 students if the
property redeveloped as single-family.
Parks and Recreation System
Neighborhood Parks System — The designated neighborhood park serving this area is
Woodhaven Park. Woodhaven Park is located southeast of Hwy. 13 at Cedar Grove Parkway
and Gold Trail. The Silver Bell Road and Hwy. 13 intersection is a controlled intersection with
an at -grade pedestrian crossing. This site is also in close proximity to the State Park along the
Minnesota River which provides access to walking and bicycle trails as well a boat access to the
river.
In addition to these existing parks, the Advisory Parks and Recreation.Commission is reviewing
whether additional parks and recreation needs should be incorporated into the Cedar Grove
Redevelopment which may provide additional parks services for the area.
Park and Trail Dedications — Not applicable since there is no subdivision application.
0
Planning Report — Sunrise Properties
March 28, 2006
Page 7
Zoning
Zoning, A rezoning to R-4 is proposed. This request is consistent with the proposed HD land
use designation. While the applicant has provided a concept plan, there is no guarantee under R-
4 zoning that the concept plan is what will be developed on the site. Actual plans for building
permit may be different, and provided such plans are in conformance with R-4 zoning and other
ordinances, constructionwould be allowed to proceed.
Given the sensitive physical characteristics -- trees, topography and proximity to a sensitive
I etland and the Minnesota River flats -- as well as the applicant's desire to utilize new driveway
accesses via private easements rather than the existing public street access, the applicant may
want to consider a rezoning request to PD, Planned Development. The intent of Planned
Development zoning is:
a. Providing greater flexibility in environment design and relaxation of strict application of
the zoning ordinance in exchange for greater creativity and environmental sensitivity.
b. Recognizing the economic and cultural advantages. that will accrue to the residents of a
planned community.
c. Encouraging a more creative and efficient approach to the use of the land.
d. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
e. Encouraging a development pattern that is consistent with the land use density,
transportation facilities and community facilities objectives of the Comprehensive Plan..
Due to the significant natural features of the site and area and proposed private access, staff
suggests a Planned Development (PD) zoning may be more appropriate. A PD zoning does not
guarantee policy makers would approve private access; however, it would provide the City with
significantly more control over the ultimate development and the sensitivity of same.
Densit — The proposed R-4 zoning requires a minimum site size of 2,750 sq. ft. per unit. The
two parcels which make up the development site total 6.8 acres. Applying the R-4 lot
requirements of 2,750 sq. ft. per unit, a maximum of 107 units could be developed on the site;
the concept plan shows a 107 -unit building. This translates into a density of 15.7 units per acre.
Recreation Space Required — The. City's zoning ordinance requires that multiple -family dwelling
complexes "shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit
containing two or fewer bedrooms and 100 additional square feet for each dwelling unit
containing more than two bedrooms. Said recreation area shall be a minimum of 100 feet from
any ponding area." Based on the concept plan, submitted by the applicant, a total of 20,110
square feet of recreation area must be provided with the development. Evaluation of specific
development plans for compliance with the recreation space ordinance will be done at the time of
building permit application.
SUMMARY/CONCLUSION
Planning Report — Sunrise Properties
March 28, 2006
Page 8
Sunrise Properties is proposing a Comprehensive Guide Plan Amendment to change the land
use designation from LD, Low Density residential to HD, High Density residential, and a
Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres of
land north of Hwy. 13 and west of Silver Bell Road. The applicant anticipates developing the
site in conjunction with adjacent property to the southeast which is currently guided HD and
zoned R-4, resulting in a development site of 6.8 acres.
Surrounding industrial and other multi -family development in the area, as well as the airport
noise compatibility guidelines, support the proposed change to a land use designation of HD and
zoning designation of R-4. However, any development of the property will raise concerns about
site disturbance, grading in areas of steep slopes, tree removal, and the potential for erosion and.
detrimental impacts to nearby sensitive natural resources (e.g. river, fen). This combined with
the developer's_ desire to provide access only using private streets via private easements, suggest
that the City and/or the developer consider modifying the rezoning request to PD, Planned
Development, which allows for greater flexibility in the application of the ordinance in exchange
for greater creativity and environmental sensitivity.
Staff believes public access to the proposed development is appropriate and, further, that the
Planning Commission and City Council should consider that the time has come to upgrade
Wuthering Heights Road to City standards, if development of the subject site occurs.
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Guide Plan Amendment to change the land use
designation from LD, Low Density residential to HD, High Density residential, upon
approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE 1/4 of
Section 18.
To recommend approval of a Rezoning to change the zoning of the property from A,
Agriculture, to R-4, Residential Multiple, residential, upon approximately 5.1 acres located
northwest of Hwy. 13 and Silver Bell Road in the SE 1/4 of Section 18.
101
Eagan Boundary
Right-ofway
Lll—J�JJJ Parcei Area
Park Area
Building Footprint
® v .o Me
V.&I
maw
mei.-
JL
100D 0 1000 2000 Feet
iiiiiiiiiiia
Development/Developere Basset Property
Application: Comprehensive Guide Plan Amendment & Rezoning
Case No.: 18 -CG -02-02-06 and 08-RZ-02-02-06
rimor N
AAep Prepared using ERSI 110. 3.1. W base map date promAded
by Dakota County office of GIS and is current as of April 2005.
City'dEap W
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Bassett Property
CG Amendment
Case No. 1'8 -CG -02-02-06
Comprehensive Guide Pian
Land Use Map
P
I Current Land Use Designation:
II LD
N Low Density (0.4 units/acre)
goo 0 Soo 1"D F«t
An—
City of Eagan
Community Devatopment,Department
F,
SA
^3
..A. 00
parcel bane map inforrnat n piAdedyr a n County Land Survey Dapartrnert Deambr 2005.
Zoning Information malntolned byClty Stag
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information.
71
N
W+E
S
PROJECT
BASSETT / SILVER PINES PROPERTY
LAND USE CONCEPT PLAN
SITE AREA: 6.83 ACRES
ZONING: R4
DENSITY ALLOWED: 107 UNITS 015.84 UNITS / ACRE
4 STORY APARTMENT BLDG. (107 UNITS)
107 CARS IN GARAGE
UNIT MIX
80'
35 1BEDROOM
61 2 BEDROOM
11 3 BEDROOM
107
107
otio M�Nc l
COMMERCIAL V!V
BUILDING
NORTH
SCALE:
0 50 100 200
P r®je�� Lustif Kation
The vision for the Bassett Property area is a n. it is the intent of Sunrise acent single family .Propertiesal enviroliment.that
o prdes ovide mule
and lifestyle housing for the residents of Eagan. It
tiple family housing, while minimizing the impacts been rto ecently impacted by the development of office residences. As a long e
single family residence; the Bassett Property has
/ warehouse and condominiums on two adjacent parcels..
ar ew l have is an ogoi g impact on the sitso located within the MSP e and
Buffer Zone and the recent opening of runway /
35 surrounding properties. The site's continued use as single family residential is not compatible with
these uses. In requesting the change in zoning, we are addressing the following issues:
What impact does the rezoning have on surrounding property and land uses?
The change in zoning is compatible with the adjacent land uses and
d zo on . kering Heights RoadThe residential Property
,
to the east could be adversely impacted by additional residential
the only public right -of way accessing the site.
What impact does the rezoning bave on the subject property?
The construction of multiple family housing will have an impact on the site as it is currently used.
The grading and removal of trees will visually change the character of the property.
What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and
roads?
The property is primarily an infill parcel and it is believed adequate city services are available and will
have minimal impact on the City of Eagan.
Does the requested land use proposed by the rezoning result in a better use of the land?
est and best use of the land.
Yes. We believe the zone change to multiple loP en of he ary housing is ea, and will provide positive economic .
It will have a significant impact on the redevelopm
benefits to the residents of Eagan. In addition, it will provide work force housing for the nearby em-
ployment centers.
Bassett Property SUNRISE PROPERTIES
Page 7
LanA Use C , Plan
The combined project area includes 5.11 acres of the Bassett property and 1.72 acres of prop-
erty owned by Silverpines Acquisitions. The Silverpines property is currently zoned R-4. Ac-
quisition
cquisition of this property provides access to Silver Bell Road.
In addition, acquisition of right -of -Way from the Cedar Bluffs
Business Center to the east could provide public access to the
site. The only public access to the site is Wuthering
Heights
Road, which enters the property from the west through an exist-
ing
xisting single family neighborhood. Access to the site through this
road is discouraged in order to minimize traffic impacts on the
neighborhood.
We propose a residential development of apartments. -1 he
multi -family use proposed for the site provides a transition and
buffer to the adjacent light industrial uses and is compatible
with the adjacent multi family uses. Impacts to the residential
neighborhood to the west will be minimized by prohibiting ac
cess to the residential street and by providing a landscape buffer
to the adjacent single family home.
Significant grading and tree removal will likely occur on the
property in order to meet its intended multi -family use. The
project will need to conform to Eagan Ordinance No. 217 2nd
Series regarding tree preservation and mitigation. The Silverpi
nes property could provide an area for tree mitigation, if needed.
The project site lies within the MSP Noise Buffer Zone and multi -family is the preferred
housing type.within this zone.
Bassett Property
Page 8
Description QW
Mu*story Apartments 1o7 Units
Bassett Property 5.11 Acres
Silverpines Property 1.7.2 Acres
Total 6.83 Acres
Proposed Density. 15.67 Units / Ac
R4 Density 15.84 Units / Ac
SUNRISE PROPERTIES
Apartments will provide housing opportunities for singles, younger families,
and elderly residents. These apartment homes will be architecturally controlled
and will be maintained by a professional property manager. 1 bedroom, 1 bed-
room w/ den, 2 bedroom, and 3 bedroom units will be featured.
Artist's conceptual rendering of similar home type only. Actual building
elevations and materials may vary.
Bassett Property
.SUNRISE PROPERTIES
Page 9
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED
DEVELOPMENT AND FINAL PLAT — EAGAN HOSPITALITY GROUP, INC.
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Planned Development
Amendment to change the approved use from restaurants to hotel, upon approximately 3 acres
located southwest of Lone Oak Road and Holiday Lane subject to the conditions in the APC
minutes.
To approve a Final Plat (Oakview Center 2nd Addition) combining two lots into a single parcel
upon approximately 3 acres, located southwest of Lone Oak Road and Holiday Lane.
To approve a Vacation drainage and utility easements for Lots 1 and 2, Block 1, Oakview
Center.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
The site is vacant and consists of two platted lots.
➢ The applicant is proposing a 4 -story 130 -room hotel.
➢ The site is located within the one -mile buffer area of the 60 dB contour, placing it within
Airport Noise Policy Zone 4. Transient lodging is anticipated to be a provisional use
within the Buffer Zone. As such, sound attenuation construction standards will apply.
➢ NB setback, lot coverage and dimensional standards are satisfied.
➢ With four stories the building height measures 50'8" to the mean roof height, and 58'8" at
its highest point. This is comparable to the adjacent hotel to the west which measures
54'6" in height to the peak roof level.
➢ The building elevations have been corrected and will be brick and EIFS in a color scheme
consistent with the approved Oakview Center materials.
➢ Parking is two stalls short of the required amount, and 9.5' wide stalls are proposed which
is consistent with the Oakview Center PD.
The public hearing for the Vacation of drainage and utility easements is scheduled earlier
on this agenda. The vacation pertains to existing easements on the subject site, and new
drainage and utility easements will be dedicated with the new plat.
➢ The Final Plat combines the two existing lots into a single parcel, and dedicates additional
right-of-way for Lone Oak Road on the north side. The Final Plat dedicates new drainage
and utility easements.
114
➢ The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval of the PD Amendment and Final PD.
ISSUES:
➢ The APC added conditions that a paved fire lane be provided on the north side of the
building asrequired by the Fire Marshal, and that the development satisfy the minimum
30% green space. By providing the required 20' wide paved fire lane, green space on the
site drops to about 25%.
➢ The applicant has been exploring ways to increase green space to compensate for the
added pavement of the fire lane. They applicant reports that adding an island in the SE
corner of the parking lot would gain about 800 sq. ft. of green space, and another 2,000
sq. ft. can be, gained by reducing parking stall width to 9.0'. Even with these changes, the
site remains at about 27.5% green space. The latest information will be shared with the
City Council on Tuesday night.
ATTACHMENTS (3):
M
Draft APC Minutes of March 28, a es &through
Staff report, pages through
Final Plat, page
March 28, 2006 Advisory Planning Commission Minutes
Page 11
E. Comfort Suites
Applicant Name: Eagan Hospitality Group, Inc.
Location: Lot 1 & 2, Block 1, Oakview Center, Dakota County
Application: Planned Development Amendment
A Planned Development Amendment to build a 4 story, 130 room hotel..
File Number: 12 -PA -02-01-06
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated March 21, 2006. She noted the background and history.
Chair Heyl opened the public hearing.
John Winzig, 710 Loan Oak Road, stated on-going concern with noisgfting and trash
affecting his property.
There being no further public comment, Chair Heyl closed th ublic rpt 9 and turned the
discussion back to the Commission. %
Rian Gamble, Badger Midwest Holdings displayed c r renderings and build' aterials. He
stated the colors will be modified to match the s110-fito. cente�..,;;.He stated the o µ served
will be a continental breakfast. He stated with a pav ce a lan30% greensgde will not be
met; however, parking lot modifications can be reviewe Yt the requirement:
Susan Fussell, Engineer stated she is nre how many sta
order to meet the 30% greenspace requi �_ She di
cussi
allow for drainage. She stated on the souft s:t of the
add islands and/or reconfigure the parking f&j_ficregs: Mc�rE
Member Gladhill stated
discussed restaurant u:
Planner Dudziak sta
hotel.
City
Mr. Gamb.tated the
the appe&,gce is
is to amend tW:19
need to be removed in
)posed pavers that will
it may be possible to
different than the previously
Development and to allow for a
enclosure requirements. and stated the concerned
er�t regarding the trash blowing onto his property.
a:-Oroperty is per City requirements and consistent with the
like to lower the lights as long as the parking lot is safe.
Member Hansen fid, Mnber Bendt seconded a motion to recommend approval of a
Planned DevelopmiCiiendment to change the approved use from restaurants to hotel
upon 3.0 acres locate�n the southwest corner of Lone Oak Road and Holiday Lane, legally
described as Lots 1 and 2, Block 1, Oakview Center, in the NW % of Section 12. Approval of the
Planned Development Amendment also constitutes approval of the Final Planned
Development subject to the. following conditions as amended:
1. A Planned Development Amendment Agreement amending the Preliminary Planned
Development shall be prepared and recorded at the Dakota County Recorder's Office prior
to the Final Planned Development Agreement. The following plans are required for the
Final Planned Development Agreement:
• Site Plan
2. A Final Planned Development shall be required and an agreement be prepared and
recorded at the Dakota County Recorder's Office prior to issuance of a building permit. I I
_ -r—+h„ cinol Pinnnari nPvAlonment: (�
March 28, 2006 Advisory Planning Commission Minutes
Page 12
• Final Site Plan
• Final Landscape Plan
Final Building Elevations
• Final Signage Plan
- Final Site Lighting Plan
3. The property shall be replatted.
4. A trash enclosure shall be ctd of materials toside trash storae.match the principaSbuilding ucenclosure shall be
attached to and construe
5. Site lighting shall be through 400 watt metal halide fixtures pole -mounted at a height of 25
feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted
security lighting shall also be shielded and downcast to prevent glare.
6. Building signage shall comply with City Sign Code requirements. �;
7. This site is allowed one free-standing monument sign. All such must be set back a
minimum of 10 feet from all property lines.
8. The monument sign base shall be constructed of the samerials used for the principal
building.cent Ion sign envisioned .
9.. Approval of this hotel proposal shall eliminate the "shop'ng
for the southeast corner of this site.
10. The landscape plan shall be reviewed to ensur�o large growth mate ,conflict with the
water line and easement, and to determine if.,�nore suitable material cavi used in the
islands. Substitutions shall be made if nece aovided within the_'arking
11. Landscape berms to help screen parking areassii
setback areas, where possible.
12.. To be consistent with the Oakview.,Center architectura♦ndards, the elevations shall be
revised to utilize brick and decoratiblock in place of tHij.>hetic stone.
13. The developer shall provide evidenc o - s/ egress edi erit allowing for the
Proposed service drive connection wiYl_,the""p to the we"�, in a form acceptable to
the City Attorney. --
14. This development shal.idstall three Catox trees°�;�i'ffill the tree mitigation.
obligation
for Oakview Centew" 'I `r
15. The fire lane on Ilinorth s W the buildAh' shall be paved with concrete curb and gutter.
16. The developrrlMi@jll meei-Me 30% minimgm green space requirement.
All vc
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006
APPLICANT: Eagan Hospitality Group, Inc.
PROPERTY OWNER: Holiday Stationstores, Inc.
REQUEST: Planned Development Amendment
CASE: 12 -PA -02-01-06
HEARING DATE: March 28, 2006
APPLICATION DATE: Feb. 1, 2006
PREPARED BY: Pamela Dudziak
LOCATION: SW corner of Lone Oak Road and Holiday Lane
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment and Final
Planned Development to change the approved use from restaurants to hotel upon 3.0 acres
located on the southwest corner of Lone Oak Road and Holiday Lane, legally described as Lots 1
and 2, Block 1, Oakview Center, in the NW `/ of Section 12. Approval of the PD Amendment
constitutes simultaneous approval of the Final. PD.
The applicant has simultaneously applied for a Final Plat to combine the two lots into a single
parcel, and a Vacation of existing drainage and utility easements along the parcel line between
Lots 1 and 2.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
Planning Report — Comfort Suites
March 28, 2006
Page 2
Oakview Center was platted in 1999 and the PreliminaryPlanned
consists of 81ots.for the entire site
The entire site was
was approved at that time. The Oakview Center development
graded and streets and utilities installed with the initial construction in 1999. Four of the lots have
been developed — Holiday, McDonald's, a hotel and a retail strip center. The other four lots remain
vacant. The two parcels that comprise the subject site are currently designated for Class I
restaurants in the approved Preliminary Planned Development.
EXISTING CONDITIONS
The site -was previously graded and is vacant. There is no significant vegetation,on the site.
SURROUNDING USES
The following existing uses, zoning, and. comprehensive guide plan designations surround the
subject property:
A, Agriculture
PD, Planned D
A, Agriculture
EVALUATION OF REQUEST
Planned
Land Use Designation
SA/RC, Special Area/
Retail Commercial
RC, Retail Commercial
SA/RC, Special Area/
Retail Commercial
RC.' Retail Commercial
Compatibility with Surrounding Area — This site was considered a Neighborhood Business node
when the Oakview Center development plan was proposed'in 1998. Under NB zoning, a hotel
would not typically be allowed. Through the Planned Development zoning, specific uses were
identified for all 8 lots in the development. One hotel was approved with the Preliminary
Planned Development and was constructed on the adjacent property west of the subject site. The
two parcels that comprise the subject site were designated for Class I restaurants.
The proposed hotel use appears compatible with the surrounding uses. The single-family uses to
the east and north are designated in the Comprehensive Plan to redevelop with retail commercial
land uses, and such development is anticipated to be consistent with NB, Neighborhood .
Business, zoning. There are no other residential uses in the area that may be sensitive to a hotel
use in this location. A hotel was previously deemed*suitable for the adjacent property to the
west. Other uses in the area include a Class H restaurant, convenience store, and multi -tenant
retail building. Remaining vacant lots within Oakview Center are approved for professional
office and a daycare.
Airmort Noise Standards — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Existing Use
North
Vacant (residential)
South
Holiday
East
Single-family home
West
Hotel
A, Agriculture
PD, Planned D
A, Agriculture
EVALUATION OF REQUEST
Planned
Land Use Designation
SA/RC, Special Area/
Retail Commercial
RC, Retail Commercial
SA/RC, Special Area/
Retail Commercial
RC.' Retail Commercial
Compatibility with Surrounding Area — This site was considered a Neighborhood Business node
when the Oakview Center development plan was proposed'in 1998. Under NB zoning, a hotel
would not typically be allowed. Through the Planned Development zoning, specific uses were
identified for all 8 lots in the development. One hotel was approved with the Preliminary
Planned Development and was constructed on the adjacent property west of the subject site. The
two parcels that comprise the subject site were designated for Class I restaurants.
The proposed hotel use appears compatible with the surrounding uses. The single-family uses to
the east and north are designated in the Comprehensive Plan to redevelop with retail commercial
land uses, and such development is anticipated to be consistent with NB, Neighborhood .
Business, zoning. There are no other residential uses in the area that may be sensitive to a hotel
use in this location. A hotel was previously deemed*suitable for the adjacent property to the
west. Other uses in the area include a Class H restaurant, convenience store, and multi -tenant
retail building. Remaining vacant lots within Oakview Center are approved for professional
office and a daycare.
Airmort Noise Standards — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Planning Report — Comfort Suites
March 28, 2006
Page 3
of its -Metropolitan Development Plan that anticipates the impacts from the continued operation of
the airport at its current location.
Based on the Metropolitan Council Policy Contours adopted in 1996,
the site is located within
the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met
Council has recently adopted new land use compatibility, guidelines, which incorporate the 2007
Noise Policy Contours. Under the new guidelines it is anticipated that transient lodging will be a
provisional use within Zone 4. As such, it must comply with ceestructural
r dig peso materials and
rmance
standards to be acceptable according to MS 473.192. In particular, materials
construction should be such that they will insure an interior sound level of 50 dBA (provisional
land use performance standards) as compared with a noise level of 64 DNL (based on tion of at the side
boundary of the noise zone). This would require an inside noise level
4 dBA.
Site Plan — The Site Plan shows a four-story 130 -unit hotel building on the northern portion
n of
the site, with parking on the south east and west sides of the building. The building's
entrance faces south and has a drive -under canopy for check -ins and drop-offs.
The trash enclosure is attached to the west side of the principal building. Access sisproposed
ed driveway
from Courthouse Lane to the across from Holiday Lane to the south, an
with the existing hotel to the west.
opment deviation from typical zoning bulk standards may
Bulk Standards — As a Planned Devel
be allowed.
Setbacks — The building is situated in the center of the site. It is placed at the minimum
required 50 -foot setback from Lone Oak Road, and �tA
lines. Minimum Parking setbacks are proposed to be 20 feet from all public street
fire lane is proposed along the north side of the building and is set back more than 20 feet
from Lone Oak Road. These setbacks are consistent with ordinance requirements.
Building Coverage — The proposed building coverage is 18%. This is consistent with
typical commercial district zoning standards which allow 20% - 30% coverage.
Building Height — The Zoning Code does.not establish a maximum height requirement
for Planned Developments. The proposed four-story hotel, measures 50'8" to the mean
roof height, and 588" at its highest point, as shown on the Exterior Elevations Plan. This
amount is comparable to the adjacent hotel to the west which measures 54'6" in height to
the peak roof level. Building heights that exceed the maximum requirements of the City
Code (30'-35' in commercial zoning de P wed Development however, the) are normally handled as itional use
proposed
permits (CUP). Under the terms of th
building height can be accommodated without a separate CUP process.
Green Space — The site data indicates green space of 31.4%. Commercial development is
typically required to provide a minimum of 30%. The applicant is proposing to construct the fire'
lane along the north side of the building using grass pavers to satisfy green space requirements.
Es
Planning Report— Comfort Suites
March 28, 2006
Page 4
The pavers will support the weight of emergency vehicles if necessary, but allow turf grass to
grow and do not create additional runoff.
Parkin — City Code requires that parking be provided in the amount of one stall for each room
plus one stall for each 8 rooms. This calculates to a minimum required parking amount of 146
stalls. The applicant is proposing 144 surface parking stalls.
Parking stalls are proposed to be 9.5 feet wide by 19 feet deep; two-way driving aisles are
proposed to be 24 feet wide. While stall width is less than the I 0 -foot hemPmcurrently
l urinary Planned
required by City Code, it exceeds the 9 -foot width that was approved m t
Development and was utilized in the prior Oakview Center developments. In addition, the
applicant's narrative states that the dedication of additional right -of --way to Dakota County for
Lone Oak Road reduced the size of the site, making it more difficult to fully meet the parking
standards.
Landscaping — The Landscape Plan appears to be acceptable. A variety of deciduous, evergreen
and ornamental trees are proposed, with shruand
Shade trees are proposed on the north side of
from the public rights-of-way appears acceptable.
the building. Because of the water main in this area, the planshould be reviewed to ensure no
large growth materials conflict with the water line and easement restricted along the south edgeofhe substitutions operiy due todbe
the
made if necessary. Planting is also restn g
presence of a gas line easement.
Staff has some concern with the use of shrubs in the parking lot islands. Shrubs are susceptible
to damage from snow storage and thus can be difficult to maintain in an attractive and healthy
condition. Staff suggests that more perennials be used in these areas because they are dormant in
the winter and are not as affected by snow storage. The applicant should have the landscape
architect review the plan to determine if a more suitable material can be used in the islands.
Building Elevations/Architecture — The Preliminary Planned Development included four
packages of building materials and color combinations for use within the Oakview Center
development. The applicant is proposing to use synthetic stone and two colors of EIFS. This is
not consistent with the architectural materials specified in the Preliminary Planned Development,
which call for brick, decorative block, and EIFS. Synthetic stone is not anapproved building
material in this Planned Development and the applicant also did not identify colors for the
various materials. To be consistent with the Oakview Center architectural standards, the
elevations should be revised to utilize brick and decorative block in place of the synthetic stone.
The proposed building architecture is four-story 130 -unit hotel with a peaked roof line. The
building design does provide variations in materials to create both horizontal and vertical
elements. The long roof line is interrupted with 4 roof peaks on the front and two on the back.
The plans show divided windows which add visual interest.
Site Lighting — City Code requires that on-site lighting be provided as is necessary for security,
safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting
VL\
Planning Report — Comfort Suites
March 28, 2006
Page 5
shall not be directed upon public rights-of-way or adjacent properties and the source of light shall
not be visible from off the property.
The Preliminary Planned Development included a Site Lighting plan. The approved site lighting
uses 400 watt metal halide pole -mounted fixtures for parking lot lighting. Site lighting is
mounted lights with 400 watt metal halide flat lens shoebox
proposed through free-standing pole- .
type fixtures. These fixtures are to be mounted on 20' poles within the parking lot. The other
Oakview Center buildings have used different fixtures, but are 400 watt metal halide and are
shielded and downcast. Thus the proposed parking lot light fixture is consistent with the other
buildings in this development, however, the proposed mounting height is lower at 20', the other
parking lights are mounted at 25'. For consistency throughout the Planned Development, the
pole -mounted fixtures should be mounted at 25.
The photometric plan shows acceptable light levels. Light levels achieve a minimum of 0.5
footcandles within the parking lots, with a high of 11.2 footcandles and an average of 3.41
footcandles. Light levels at the property lines are 0.3 footcandles. The average to minimum ratio.
is 3.4, suggesting fairly uniform light levels throughout the parking lot.
Security lighting on the building utilizes 175 watt metal halide fixtures mounted on the exterior
of the building, and recessed beneath the entrance canopy.
Sinae —The Comfort Suites is proposing building signage above the main entrance. No
monument sign is proposed. The Preliminary Planned Development agreement provided for
individual lot monument signs. While this site is comprised of two lots, the developer proposes
to combine them into a single parcel with one building. Thus, the City Code allows only one
free-standing sign per building.
Any monument sign must comply with the design criteria of the Preliminary Planned
Development which is an internally illuminated sign panel on a brick base. The approved sign
dimension for this site is a 5' high by 12'6" wide sign panel with a 3' high brick base. All free-
standing signs must be set back a minimum of 10 feet from all property lines. The brick sign
base was based on the brick materials for the principal building. If City officials determine that
this building may utilize synthetic stone, then any monument sign should have a base constructed
of the same materials used for the principal building.
The Oakview Center Preliminary Planned Development also included approval of a shopping
center pylon sign on the southeast corner of this site. The developer is proposing that the
shopping center pylon sign envisioned in the Preliminary Planned Development be eliminated.
Because the Preliminary Planned Development did not specify requirements for building signage,
building signage is subject to compliance with City Sign Code requirements.
Gradin/ Topog aphy — The site was graded with previous development in the area and is
generally open and slopes to the south. The proposed building grade is about level. with the
Planning Report — Comfort Suites
March 28, 2006
Page 5
elevation of adjacent Lone Oak Road. Landscape berms to help screen parking areas should be
provided within the parking setback areas, where possible.
Storm Drainage — Storm sewer drainage is available via existing stone sewer pipe and pond
(Pond GP -11) to the southeast of the site.
Utilities — Existing sanitary, sewer,and water main of sufficient size,aepth, and capacity axe
available from Courthouse Lane for connection by thus development
Streets/ Access/ Circulation — Street access is proposed at two locations, one
as the of the site; h leg of
the
the Holiday Lane/ Courthouse Lane intersection, in the south-central portion
other through a connection to the existing parking lot for the adjacent hotel lot to the west.
A fire lane is required and has been provided on the north side
o f t e h am Bred g. Wy overhead le the site is
adjacent to a public street, emergency access to the building p
utility lines. The developer is proposing to utilize grass pavers for this fire lane. The Fire
Marshal has indicated that the grass pavers are not acceptable for emergency access because they
are usually not cleared to afford emergency access during the winter months. The fire lane on the
north side should be constructed of bituminous, asphalt with concrete curb and gutter.
Pedestrian circulation in the area is provided by sidewalks and trails on Courthouse Lane and
allows for pedestrian connections between the lots within Oakview Center.
Easements/ Permits/ Right -of -Way — The developer should provide evidence
of ingress/
ngr a s/o gr eess n a
easement with the property to the west, allowing for the proposed serve
form acceptable to the City Attorney.
Wetlands/ . ater Quality — There are no jurisdictional wetlands on the site. Water quality
requirements for this site were previously satisfied with the first phase of the Oakview Center
development.
Tree Preservation — This site is responsible for three Category B trees to fulfill its share of the
tree mitigation obligation for Oakview Center.
Parks and Recreation — This development is responsible for cash park and trail dedications due at
the time of building permit at the rates then in effect. The 2006 rates are $5,790.00 per acre for
parks and $1,251.00 per acre for trails.
SUMMARY/CONCLUSION
Badger Midwest is proposing to amend the Preliminary Planned Development for Lots 1 and 2,
Block 1, Oakview Center by changing the approved use from two restaurants to one hotel. The
proposed hotel is four -stories and 130 rooms. The use appears compatible with surrounding
uses; however, the proposal includes some deviations from development standards in the
Preliminary Planned Development and from typical commercial zoning standards. It is a policy
{24
Planning Report = Comfort Suites
March 28, 2006
Page 7
matter for City officials to determine whether the proposed change in use is acceptable and
whether to accept the proposed deviations as part of the Planned Development approval --
building height of 50'8"; use of different architectural materials than specified in the Preliminary
Planned Development; 9.5parking stalls; and elimination of the center pylon sign.
While this proposal amends the prior Preliminary Planned Development
for this
site,
developer will
Planned Development will be required prior to issuance of a building pe
need to review and revise the final plans to be consistent with and to provide any additional
'information called for in the conditions of approval of this amendment.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development ,Amendm � comer changet to Lone Oak Road and
from restaurants to hotel upon 3.0 acres located on the south
Holiday Lane, legally described as Lots 1 and 2, Bogme�dmentealso coCenter,
nstitutesthe
approval of the
Section 12. Approval of the Planned Development
Final Planned Development. If approved the following conditions shall apply:
1. A Planned Development Amendment Agreement amending the PreRecorder' Plannedliminary 0Office
Development shall be prepared and recorded at the Dakota County
prior to the Final Planned Development Agreement. The following plans are required for
the Final Planned Development Agreement:
• Site Plan
2. A Final Planned Development shall be required and an agreement be prepared and
recorded at the Dakota County Recorders Office prior to issuance of a building permit.
The following plans are required for the Final Planned Development:
• Final Site Plan
• Final Landscape Plan
• Final Building Elevations
• Final Signage Plan
• Final Site Lighting Plan
3. The property shall be replatted.
4. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be
attached to and constructed of materials to match the principal building
5. Site lighting shall be through 400 watt metal halide fixtures pole -mounted at a height
of 25 feet. All fixtures shall be downcast i shielded and doto prevent glare. wncast to prevent glareing
mounted security lighting shall also
6. Building signage shall comply with City Sign Code requirements.
W -Mit
Planning Report — Comfort Suites
March 28, 2006
Page 8
7. This site is allowed one free-standing monument sign. All such signs must be set
back a minimum of 10 feet from all property lines.
8. The monument sign base shall be constructed of the same materials used for the
principal building.
9. Approval of this hotel proposal shall eliminate the "shopping center" pylon sign
envisioned for.,the southeast corner of this site.
10. The landscape plan shall be reviewed to ensure no large growth materials conflict
with the water line and easement, and to determine if a more suitable material can be
used in the islands. Substitutions shall be made if necessary
11. Landscape berms to help screen parking areas shall be provided within the parking
setback areas, where possible.
12. To be consistent with the Oakview Center architectural standards, the elevations shall
be revised to utilize brick and decorative block in place of the synthetic stone.
13. The developer shall provide evidence of ingress/ egress easement allowing for the
proposed service drive connection with the property to the west, in a form acceptable
to the City Attorney.
14. This development shall install three Category B trees to fulfill the tree mitigation
obligation for Oakview Center.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning Map
Current Zoning:
PD
Planked Development
000 0 on 1200 F -t
PF
PD
Comfort Suites
PD Amendment
12 -PA -02-01-06
Location
-Comprehensive Guide Plan
Land Use Map
+ SA
.a
•
Location
s
s
RC
SA
Current Land Use Designation:
RC
Retail Commercial
IND
RC
at4
�uNK HWy, NO, SS
LD
RC
IND ~�
am 0 600 12911 Feet
w / may: _
N
Pereol base map Infonm0on proMedry Dakota County Land Survey Deportmert Daembor 2906.
Zoning informatbn malntainod btCNy ttefL i�
41111111111116 W E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
City of Ea�aIl S
The City of Eagan and Dakota County do not guarantee the accuracy of this information.
0
C.S: A. H. NO- .�
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72,843 slk0. 1.63 sues
' I,Qt 39 66] m (� 1.77 sub
TOTAL - 131.708 s1b9. 7.92 acres
SURVEYREPORT
1. Thin survey wet perfomwd io s vuy shoe perlad N days/ tudl:log our prim
surrq'ut8 and planing of the QeveIpP11W14 Rued IIPWI Ihae prior files and ow
curtest field wort: ws here surveyed dw blllowulg:
a_ The boundaries of Lots 1 sod 2 tad mmllanemed said boundaries.
b. Visibk improvumms os -sire sad visible eouosehauog.
C. APPmauaale hurled WaW s, on tad idj i,.i V Ute elle and visible above
gmuad W1liliet.
CL Asveage of the property.
e. Emeoluas shown on Me recorded pWL
2. Due m the lime tnennoints of this survey we woda mos ft following:
e, The uadergroudd Utilities shown are from Prim iocmmapping end are
le mind m
deOWI— A Oaplser SIM One Cs" ""y Weise Rgaest
be Psdmmed. These m, be ether utililies m 4iu, am kamvo 1. us. A
ewrem I.. sbaidd be perfmined as well as City and Cotwy m-hu01s
«viewed.
b. No eurrtm Title Coalmismem infon"ios was ava"AnIcso we lent."!" oo
«prdsent.d. m m Mono ones on the pmpeny.
Al probnWy muted -use moss easeavam whh adjoining PM -Is AW the 0""
w0iila sad axes drum shown: we have ant seen them.
fir. .CE `II r ii mAR 1
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1-trr CLOSE POLE MOUNT
16" (406 mm) AREA CUTOFF FLOOD
atn.0r.... a �.aaama..aa
reiweJs.Ywe .0�..a.�
.wi+lse
1
25awHPS AC15Z5-I+IIb).. -
. --'�aoMiH'vs 'aci4aaldNa)
spmMlgvarpeaRl osBata .. ..._ .._.
( n.laer.wr.ro2eama
t t
60' forward throw sham 0100 hlmh7ah for
HID lamp. totally witted_ Hooslml Is 3e8"da".
d'm•rasl aluminum. Mounlhg 01nshas of a 1.8'
(44 mm) wide by 4S' (114 mm) high by t.5'
(38 mm) bog extruded alumhmm OFFIL The arm
h held in Place wuh two 3W (9 mm) mounong
rads listened to a SINI bsdit Plane bCside the
Pole, and by two nide Inside me extent housing.
Mom" rads are provided with sNeng
washers Io in. a water leakage. Lean aSsem-
bly corahts of right ah adman frame and high-
brnpa L dearbmPend glass. .
16.w
�.sworr
wa�i,aaa�..t.s
M
- 1
12prL007240R77V �SIMudI _--.._.... ._. _.
T _...
.120R77M7V (Gsadl OAll iOiwiiA?I ._.. _.
AG7425-N ZStVP MH
20.000
1
psemta Adnan Ugar Lereh at grad" -
2 fadara PIT Pole 0180'
6-0 awbtwrsalaRia6llWPd." goom gles.e.ma9-Lost
Mas. Recommended Pole•spaci g Faahaedles LUX
x x T
7
.-
a
24OV
7.76
4-003
7p
25
--_-- ---52 -----
6
74T/Icand+a^hl
lw.auw, "" werew us asawn.aR aaeaiP!a
magwa
flow uo" aAa W 4d0.hr0 aaaam.
F M includes dear, magul-base lame:
320 - 4WW PSMH and 4001P MH Maize am
ED28 rethmed errvebpe lamp. Pul a -bbd
Votabdo ted
IamPhtlderwith sdPrina'n"
baded center contact
and lamp gdPs• Lamp l9naor ba tided where
bqubed. Ag banam assemblies are ldo-potrer
lector amt use the following docud NPe:
geacW(2T7V PSMH)
Z00 - WIN PSMH
CWA - ComM nr WaRage Autotransl-
200-40OW PSMH. 175 - 40OW MH:
250-40OW HPS
US 4,689.729
1• 1
•ugly ----
P
-SP 5amtdPaobes0pw4m1'1_ __.-__._ __
p Owrt2 Standby
(indo0es IOOrr Voalx bmp)
. fedi o02r7o Rwctoll
Sp�/ fat Ssgb Yaxge - S. � SWC xq
Exdusiw DellaG0ar1161611511 features an E•coat
epoxy primer with medium bro ne acryec
powder Topcoat providing orcetleRi resistance
to wrrooslo% ultravmbt degradatlim and
abrasion. The en eh is cored by our seven-
year limited warranlY.
ANSI lamp wattage label applied. vitiMe daring
relamping. UL Listed In US and Canada (or
wd I=#= and errcbsure dassi(md IP65
per IEC 529 and IEC 596. -.
t
FwG-18 TRre6mrd _- --
56416_..Ba0§9l hlM -___
Ruu®
9201 Washington Avows Radom. Whwud n 53406 88.1
.3772 USA PHONE (262) a90o FAX (262) 884-3309 LIGHTING
®noadllBMegIAL pwhdkWA w"wtoamghNq�
1 -TR' CLOSE POLE MOUNT
16" (406 mm) AREA CUTOFF FLOOD
endo daedt" PW satyr baht leolowdhs at glade. F00100M 00929 Loa)
EPA RATING
Fag n R lnr single fixture virith 0a lilt (Consult factory for EPA faling on (MI01110 units).
U0htht9 seheas arc.
Camped Toss ROW Na_ Let 10567
Cwtilainwer disMhlle
an sena MOW MR
AM Cab" P101011 m witaaer begot"' Striel -
A.a
ra/
20.6
203
N.a
tat
12.2
e.1
o.
at
12.2
hetoohende pid at 4WW MH AIN
Cahn FIOW m d Zr (1.6 WO rxaetdllg
gewd removed Iphn vim" up IgM
Ligmhq sehnees fim-
CerflRed Rod Raw no. LSI 10246
C=7.0.
dhpowm dWdbdt6a evm d 250W RPS
ArN C6bp fleed110I1 wMhd bacar�M saaetd.
Pole -spacing Example Data
'WWW 20 e W 10 W W �
X21
20e
203
Na
tee
2 az
• at
o.
e.1
R2
OS NA N 122 U e. al @ w2 K >D3
bohmcmdh Ido( or 40111N me AIN Cahn
flwdgm m 2917.0 m) Mwedog Win -
r.461 tin. Iona Nddw ohm healed
for baddithl CMW OUR vhw)
m
hollmlandh plat of 460W IPS Area Cdep
halwlandle Ptd el 40M HPS Area Camp
floodlitat at 29 (7.6 m) mu"nt he19M:
yleadpgM at w (7.6 m) morning again.
U* Ira. adtA McMlgm 311141111or
venial tel, wdm baddlgb saiem hated
"dial
remoNd-1Plan war+)
for bacallgM one. R'hn ahw)
AG7425-N ZStVP MH
20.000
1
psemta Adnan Ugar Lereh at grad" -
2 fadara PIT Pole 0180'
6-0 awbtwrsalaRia6llWPd." goom gles.e.ma9-Lost
Mas. Recommended Pole•spaci g Faahaedles LUX
x x T
AC74t7-m 175W MR
120W
20• (6.1 m)
w Vaam
23
AG7425-N ZStVP MH
20.000
25' (7.6 m)
7S (229 m) x 119 (333 m)
(29.0 m) x iN (436
27 ml
3'SI
.2t0_
- - -- -
ACll40•U aUOW M11 - -- •---
. ..
J2,0110-
-
- . _......_�
3S' (7.6 ml
20' (9.1 m)
95 (29A ml x 140' (427 m)
its' (35.I e1) x Ifw (50.7 m) _.._ - __
7.76
4-003
7p
25
--_-- ---52 -----
AC1525-M 250W HPS
... -
--' - .....
Z9 (6. )31
m
_... 79 (22.9 m) x ItQ (78.5 m)
a m x 140. 427 m
g5(Z9. ( 1__..__.------5,06
4-03
ted
..---- -
_ ---
SOA00 '-'--
0.
-�-)- --
25' (rim)
- -- )x
95 (29.0 m) x 1M (427 ml
sea
3.77
ss
as
ACt510•M �OOW HPS
t t5' (75.I m) a 16S SOJ ml
-- - -- --.._-.
RUU D
a
9201 Washington Avemb Raine. Wiscoobh 53406-3772 USA PHONE (2m ass -1900
FAX (262) 884-3309
LIGHTING
41 Rand 1pbeq int:
A.UO. USA
waw,ao0sgA6gmm
rt"e�
RECTANGULAR BID WALL MOUNT
AR/0l CP
PROJECTION CUTOFF
61IM11J. IpI:D'a rf •iMt••!_g1L1311L'inaaa�
1P (154 mm)l x 8' (152
SealMp
% /
Gasket 0.25• to mm)
r
Noamisg \
fishh odor-�
/
Monza T
t0A
23' (57 mm) a
---- _____ ---_-
1 iZW 9s-7R'!nP51 _
Bdmael
®
H16H DIIE58URE _-.
..__._ AW 35W11vs H507{a1N)
2_^ 2m Ps- ltesl
Fhds mW --
�1
--- Any -" Spw"PS Ed505iaR6)
Wap OsaaBgM TITIN 1IPS C'4507ialN1
0---. 2080 ps-1 WHM
---- -
lamp
(Mdudad)
me
.
72,5
Asxroa hero
I
SperA/ hal mama 6 Ol Opdwo.
4
mum,
• Far aP MH
�--- Mounting .
Hofe Use
Mv
�- Fish"
Mounting
Dar
�w.wert..•µy--.r.
Phsloeen
(011dmmq
Threaded
Topple with-
snsned Hu
Head Cap
lampholder
Alumlmrm
Shroud SWEVIEW
AECTANGULM HID WALL MOUNT
PROJECTION CUTOFF
Side Vlew
T.Wbmg Sebaeas tuts.
carolled Tal Raped Ns_ LS128g8_
we
Pet�•taeplu haNrspyaw ion C" Fhdam.
2
i
0
0
EFFICIENCY = 60.1%
pbmnas In U ft Of Moudfng mehghl
bei ntaedle plot 0178W HPS fiedangabr rre)athm Csta11
Mahn $116 P ml meavang MMOL in -slew)
lmraalranale pleb Thus bftl lookamemes at 73ft (FsstaMM 'a Ban '10)
AMU
AR/0l CP
AIME
61IM11J. IpI:D'a rf •iMt••!_g1L1311L'inaaa�
-. 0.0
r11
METALHasig
. ..._
0 t2on77V 1Sna^d+!a:m=law �etl ----
... .. ----- - -
OS_ emus FAbrsla0ad -._-- •- .._...
65 Gold Color W
5.0
..._.__Wap UownllgM _SOW MH EdwSiaNa)
T 1207277M7V (Cwaa axNl
Pa'wnalt 70WNn57 -•
--_. Power FaUor BaMrt
8 Fa
� _---...-------
t0A
YYallOmmHgM _ 70W MH Edd07iajjol_
-
---- _____ ---_-
1 iZW 9s-7R'!nP51 _
_
J TamperDrool lea Fasteners --_. .
®
H16H DIIE58URE _-.
..__._ AW 35W11vs H507{a1N)
2_^ 2m Ps- ltesl
VaID Mens
�1
--- Any -" Spw"PS Ed505iaR6)
Wap OsaaBgM TITIN 1IPS C'4507ialN1
0---. 2080 ps-1 WHM
---- -
2247
me
.
72,5
14W
90.0
SperA/ hal mama 6 Ol Opdwo.
h.rxma rNd=laadeear aagewra. w Msk ma •
moan law arw trpwr wmaiew ea.wawd awes.
637
95.0
Aluminum dfacesl ballast hoost g leMm a
flxlure inchdas Gear. medium -base lamp and
Endusive OdMaG u D� �an -saat
u bma n 3c
mL
40.0
Thermal air baboon chamber separating the
porcelain enclosed. 4kr-rated scrM-shallPa
lamphoMer weir sp7hmg loaded coder Contact
�
PMd PIOGd nt
Moslemballast
45.0
care and cog from the other electrical
lxxnpowls. Supplied with a neoprene seanng
Wmp Iga ter Included where raq*W. AB ballast
to corrasion, nerevhtbt degradaBon sad -.
e finish is covered DY our seven
50.0
gasket for complete treat NMMOUP9 at the
assemblies are normal power factor and use the
ayear A t� �
525
mouneni; Surface. A siBco ne rubber 5631 is
fallowing dreu0 types:
76
55.0
a 9letmre
hmihed b l Inset housing and Sled
a velar- armd Insect -light seal. Sled Pottme
Reactor HPS
35 _ 78W HPS
t .
mounting bar and threaded nipple pmvMed for
direct mounting to recessed IUWAW box. Clear
Resctadrrensramer(208.240, 277V)
ESe•T Sanaa Moad4mg as -_
eMk lens is WW to housingw8h Phillips-
35 - 70W NPS
i ; - -- - - -- -
head caPlive elelnless-steel straws. Combha-
RX - High Reactance
lion at Internal ponsled aluminum AM0111 and
50 - 7BW MH: 7OW HPS (347V)
semi -specula reflector directs Tight oat and
.
May from Mass.
ANSI bhp wattage bbel suppBed. visible during
ebmping. UL Listed In Me US and Calmab for
we, kmcagoas and enclosure dassNbd IP54 per
IEC 529 and IEC 596.
9207 Washington Avenue Racine. Wbmstn 53408-3772 USA PHONE (28218001900
RUUD e
(262) �d 3309 . LIGHTING
O ed ilplNa9 kx: PrxvN WMA
no
wswmwaeanaa9.eaa
MIN _ - - -
AECTANGULM HID WALL MOUNT
PROJECTION CUTOFF
Side Vlew
T.Wbmg Sebaeas tuts.
carolled Tal Raped Ns_ LS128g8_
we
Pet�•taeplu haNrspyaw ion C" Fhdam.
2
i
0
0
EFFICIENCY = 60.1%
pbmnas In U ft Of Moudfng mehghl
bei ntaedle plot 0178W HPS fiedangabr rre)athm Csta11
Mahn $116 P ml meavang MMOL in -slew)
lmraalranale pleb Thus bftl lookamemes at 73ft (FsstaMM 'a Ban '10)
AMU
AR/0l CP
AIME
&*" CP
-. 0.0
433
57.5
2522
5.0
875
60.0
625
2391
2287
t0A
�5
659
2842
too
972
W5
2678
20.0
1182
10.0.
2247
me
1267
72,5
14W
90.0
1301
75.0
637
95.0
1230
775
743
40.0
1667
80.0
103 -
45.0
2141
625
125
50.0
V47
BSA
95
525
2054
87.5
76
55.0
2653
90.0
63
Maximum Candbpower: -2654
Pbre of Maximum CP. 0'
VwMA- Angle of MaxInmm Candlepower fid6V
Lumen Raft
MOUNTING HEIGHT CORVERSION TABLE
Feolandte -011 tar emuxMg baigMs saw Bum 16 (3 m) my
i s abbbad 1h ammptyba9 k salacs by 0e bllarlag:
HEIGHT
MULTIPLIER
7A' (Zi m)
Z04
BA' CM m)
1.56
9.6 (2.7 m)
-1-23
12A' (3-7 m)
0.69
15.P 14.6m)
0.44
20.4' (6.1 m)
0.25
LAMP WATTAGE CONVERSMN TABLE
FedcoWW 101141093IIP wseall" and bmp"M saw Mw
70W RPB may 1m d"Isad aT moPiAinv ieWheat n► we kmsning
SOW MIT
0.48
70w MH
0.79
_
35W TIPS
0.35
SM ZIPS
463
RUU D 9201 Wasmagtom Aveaae Racine. Wbmdn 53406.7772 USA PHONE (202) 9e6 1900 TAX (262) 084-3M
LIGHTING ,tae nmxtz
o d tls"lac paeedYr lll7A
llw
EM RECESSED T OAR OR GRID MOUNT
RECESSEDT-BAl10R.f:RrO MOUNT I ' T' LABOR—SAVER — HID
7" LABOR -SAVER — HID
Metal Raliae
un4C15ewm-12.swaea romea e
tact Nom
egad %d M Wt UoIld 1-
ft is L` •er. 4 .
m
i}ae� m
�` • •� �`�� •' }epgreenw}aMfna W O
I waP In
L
I I }ed
sa r
Macy ware. l.L SCa
n +sm
�.
- -- --------78—Vy M—ry "... .....-.—._--RR-It-7700MMO8S7.11a1iHH-611 1th wwww.2miml/a.eanaeeswr
Ar
e?rAL NAl09
mt�.PhenMg+e"l9 1
ceNbs or Utilization
waw nHw Etwke pwr Cavity Reflectance
lw = 020
e
- --- t00YliIAH - ppipMlO•lallbl awup}awawetraameaw>eer sw ChamW9ne _.—.—.. _.._—. so
-- - 150W IdN IIR70A615ia�lsl mn
- --- - -- '--- o an an an an an an an as} om am Mani" onam an an
a n ma +
I nm on am vw ms m+ ao on se Oar a exon asses as ose
- s o7r ner an aw aro an an u asp an o na ox am clap an as} mI
with waled. Open -rated metal +
_ SpuiliaUon grade bar pro16e recessed IheMre Flalure supplied s as clef os7 an an am est as a$ CLIP a M. am aw aylamar aw
s am as7 0.471-4 as an as as asp as au as nes nn awaa as as
with T aperture. Then at pwiecter provided per halide lamp. 8340 aesembles are Idgh Pyr r
NEC Article 410-M OMe-PIKA Optical assembly factor and coPPsist ot. um roae"ImJ adreWl type: - . m to an as os as as a.s as as sa as asp avn a.71
provides even light dtsbterstb4 with low Electronic s as aw oa nA as nm oa on an mr u+ o�aP an Wrap" na�}r
brigmness. g� eRkkM and excellent lamp- 5o -15GW MH PC aas an as an aw an mz an as a7+
!nage MCN. One-piece sprnl-attlmbrem
reReclor is 0.06 Urhk with polished ratites and for damp bca
condnuoos sell -Mange. Road" is furnished UL Listed br Ore US and Canada
— wo adpasabla yoke for hush or drop callings tions afar hmd-Ihrevo wiring• rw.+aeru,r�,p, -, .,, • .a .}. • .a
up to 11Y. Designed to accommodate most : se .,A
suspended cming systems. Mounts directly to
Ore note nerenes of on stmPdard gdd. wnceshd patent pending
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SHEET 2 OF 2 SHEETS
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
D. REZONING PRELIMINARY PLANNED DEVELOPMENT AND
PRELIMINARY SUBDIVISION — REVESTORS
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Rezoning from NB to PD for a
mixed commercial retail/office development upon approximately 9.82 acres located SE of Red
Pine Lane and Hwy. 3.
To approve (OR to direct preparation of findings for denial) a Preliminary Planned
Development for a mixed commercial retail/office development, upon approximately 9.82 acres
located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC minutes.
To approve (OR to direct preparation of findings for denial) a preliminary Subdivision to create
two lots upon approximately 9.82 acres, with a Variance to allow a lot with <50' public street
frontage, located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes/majority of Councilrnembers
present
FACTS:
➢ The site is vacant and consists of two unplatted parcels and a remnant from the
construction of Red Pine Lane.
➢ The site contains wooded areas and a wetland on the west edge; the site is separated from
Hwy. 3 by railroad tracks. The existing building in the SW corner will be removed.
➢ Three buildings are proposed with a total of 78,406 sq. ft. Building A contains a bank
with a drive-through, Building C contains the anchor tenant, a grocery store.
➢ Permitted uses in the NB district would be considered permitted and, save for the bank
drive-thru and on -sale liquor in conjunction with a Class I restaurant requested at this
time; any other conditional uses in NB zoning would require a PD Amendment.
➢ Primary access to the site is via Red Pine Lane, with a service drive from Gun Club
Road.
➢ A portion of Gun Club Road is proposed to be vacated causing Lot 2 requiring a
deviation for <50' frontage on a public street.
➢ Ponding is proposed in the SW comer of the site; rain gardens are proposed throughout
the parking lot for conveyance and infiltration of runoff.
➢ De minimus wetland fill of —94 sq. ft. is proposed.
➢Building architecture is reflective of a railroad depot. Materials include limestone, brick,
stone, glass and slate roofs. Building C, the southerly -most building, has two
142.
architectural depot elements that exceed 30 feet in height; however, the predominant
building height for each of the buildings is consistent with the 30' maximum height.
➢ A traffic study indicates that the proposed development will use the excess capacity of
the signalized intersection of Red Pine Lane/Hwy. 3. As such, street improvements are
conditioned as part of the approval to insure that the additional traffic will maintain an
acceptable level of service.
➢ To accommodate ultimate development in the area, additional mitigative improvements
to Hwy. 3/ Red Pine Lane may be necessary to maintain an acceptable level of service.
The developer has petitioned a feasibility report to study roadway improvement needs.
➢ The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval of all action items.
ISSUES:
➢ During the public hearing residents expressed concerns about traffic, safety, lighting,
uses, pedestrian amenities, noise, and hours of operation.
ATTACHMENTS (2):
APC Minutes of March 28, dated through
Staff report, pages through 1W
March 28, 2006 Advisory Planning Commission Minutes
Page 13
F Red Pine Crossing
Applicant Name: CNH Architects
Location: SE 1/4 of Red Pine Lane and State Hwy 3
Application: Rezoning
A Rezoning of 9.82 acres from Neighborhood Business (NB) to Planned Development (PD).
File Number: 36-RZ-01-01-06
Application: Preliminary Planned Development
A Preliminary Planned Development to create a mixed use neighborhood commercial
development.'
File Number: 36 -PD -05-12-05
Application: Preliminary Subdivision
A Preliminary Subdivision of 9.82 acres to create 3 lots.
File Number: 36 -PS -02-02-06
Planner Dudziak introduced this item and highlighted the inform
resented in the City Staff
report dated March 21, 2006. She noted the background an�sto
Wayne Hilbert, CNH Architects explained changes in tl�tk-plan that e � affic. He stated
Y
concern.that the setbacks are not appropriate on sora=parts of the property.
fired. �-.stated conditio hould be
Mr. Gorder stated condition number 17 is no lon�er� s1. r uired of the developer,
modified. He discussed the Red Pine Lane street impr� e4
Chair Heyl opened the public hearing
Marybeth Wehrman, 4818 Red Pine CourtF5.tat
business however asked the developer to liken t
size and elevation of the development. She §!,@ti
the residents. She statedcow or tree press
sale of tobacco or liqu%Wn � hours of o''
crime. She stated cor--n for th� , fety of child
Martin Vrieze, 3798 Red
impact construct nOis
Lori s"a--ke, 4829 Re
and ,itht@sed crime.
p, is not opO a neighborhood
,encerns. _$he stated concern with the
„ e- V trails should be included for
µ,,,.
on and ffifi structure. She requested no
tion are' estricted and a concern with future
with the increase in traffic.
increase in traffic from Cliff Road, the
concern with safety, increased traffic, light pollution,
Cher access on Highway 3.
Scott Grosser, 4820 Redd Court, stated concern for future traffic from development in
surrounding arf Eagan affid Rosemount.
Julian Bell, 4815 R"ourt, stated concern for safety, value of his home, increased traffic,
types of businesses, hw. ,s of operation, noise, parking, limited access, truck deliveries,
increased crime, structure and design, maintenance of the wetland, and the wildlife.
Jessica Grunklee, 4828 Redpoll Court, stated concern'for traffic, the need for additional access
from Highway 3, type of businesses, tobacco and liquor restrictions, hours of operation, and
building height.
There being no further public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Mr. Hilbert stated the goal of this development is to attract unique and upscale businesses. He
stated there will be a medium sized grocery store. bank_ and restaurant with
nts that are taller 144
March 28, 2006 Advisory Planning Commission Minutes
Page 14
than the 30 -foot restriction support the Railroad Depot theme. He stated sidewalks are provided
throughout the site. He discussed the parking lot design. He pointed out the few areas that will
not meet the 30 -foot setback wetland buffer policy. He stated the lighting will be shiel
eded and
will meet City standards.
Aravind Gottemukkula, Traffic Engineer stated a complete traffic study was done to gauge the
impact of the development... He discussed the traffic study and stated 95% of the traffic will come
from Highway 3. He also stated that under the full build -out scenario, the Highway 3/Red Pine
Lane intersection will continue to function at an acceptable level.
Chair Heyl asked Mr. Gottemukkula to specifically respond to residents concern that the traffic
will interfere with the school. ---
Mr. Gottemukkula, stated the increase in traffic will not impact deW.Bpments to the east of the
site access, particularly with the addition of a new right turn land:—est bound Red Pine Lane,
east of Highway 3.
Mr. Gorder stated an additional access from Highway his no"C-possible berme of an
agreement with MnDOT associated with the constr�an and signalization ofd. Pine Lane.
He discussed the abandonment of Gun Club Roa-;+,` aye for thb portion dedica terve as a
service road.
Mr. Hilbert responded to a question
Tim Anderson, Developer stated the dei
strong pedestrian feel.
discussed the prod signage.
Chair Heyl stated she likes the uniqueness arTd. to
She stated she is in favor.' _ aot instead ofd
greenspace. She suggg�ed a sidewalks
additional trees to W,RMe screeifg. She ackni
neighborhood; howeve TM rafficg§tudy provides
will be maintained at Red` W-11@
.Shy
access iss
subject.
Memr F Ddt stated th
and a nee --4 'face lift to
is intended tiunique and upscale with a
Gay tli§modings.are distributed on the site.
of parkidg stalls to allow for additional
:m. She suggested the developer continue
edged the changes to the existing
fi'ence that an acceptable level of service
rther stated that this proposal doesn't cause
of Highway 3 drives the transportation
Phase II, will bring a large improvement to the area
Member Gladl M . ated agre ent with Chair Heyl and noted that the property is zoned and
guided for neighb_t ogd retSifi. He stated the area is going to develop and traffic is inevitable.
He stated he likes t""•"`•�" the buildings and parking areas are broken up and the size of the
stores. He stated the oposal will be an enhancement to the area. He stated concern with the
architectural features exceeding 30' in height.
Member Chavez moved, Member Bendt seconded a motion to recommend approval of a
Rezoning from NB, Neighborhood Business to PD, Planned Development of 9.82 acres located
southeast of Red Pine Lane and Hwy. 3 in the SE % of Section 36.
All voted in favor. Motion carried 6-0.
Member Chavez moved, Member Bendt seconded a motion to recommend approval of a
Preliminary Planned Development to create a mixed office/retail commercial development
111
Manch 28, 2006 Advisory Planning Commission Minutes
Page 15,
upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE 1/4 of Section. 36
subject to the following conditions:
1. The developer shall execute a Preliminary Planned Development Agreement which
includes the following plans:
Site Plan
Building Elevations
Site Lighting Plan
Landscaping Plan
Signage Plan
reement shall be executed for each building of the
2: A Final Planned Development Ag
development. The following plans are necessary for the Final Planned Development
Agreement:
Final Site Plan
Final.Building Elevations ..
Final Site Lighting Plan
Final Landscaping Plan
Final Signage Plan
3. The property shall be platted prior to issuance gfny building permits."..
4. Uses permitted within the NB zoning district �l be permitted within thiselopment.
Any use that is requires a conditional use ra the Nloning district, wi a e
exception of the bank drive-through and on-salell-Opr oce.associated wkh a Class
restaurant operation, which are part of this initial pr "I, shall require an amendment to
the PD in lieu of a conditional use eermit I to this dev� ent except as noted
5. Neighborhood Business setbacks s%Ha p y
w
otherwise:
Building C may be set back 10.5"irorii�i—cisting soutWroperty line abutting Gun
Club Road.ied,W "
6. A minimum of 30% gree Espace shall bol.
7. Building height shaliro- d 30', with exceptionn��if the panel above the main
entrance and the wer on"8�` Zing C whicf@pxtend to 38' and 46.75' respectively.
8. Building cover�g�ell not e9eed 20%, bad on the overall site area.
9. The developer shaT.YROJew thrashstorage Was to ensure they are of sufficient size to
accommodate both tri affi� ,�.µft trials containers for anticipated tenants.
10. Stackin .:- . Iles ffbUe provi "fir each of the drive-through lanes.
11. Th bveloper'sw - °: cate rge-growth landscaping outside of public right-of-way and
moment areas. �"
12. `Th plicant shall f-IffI equire _ ee mitigation through the installation of sixty-five (65)
Cate§�B trees (or ii5quivale'ht combination of Category A and/or Category C trees).
13. The ap`i'1-,i nt shall subir& a revised Tree Preservation Plan that shows the correct
placemen°"° equired �e Protective measures (i.e. orange colored silt fence or 4 foot
polyethyleneriinate-Afety netting) to be installed at the Drip Line or at the perimeter of
the CriticalRoii"tr.% whichever is greater, of significant trees/woodlands to be preserved
on-site.
14. The applicant shh-all contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
15. A,separate landscape only plan shall be submitted prior to Final PD and Final Subdivision
approval.
16. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
17. The revised Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
18. This development shall be responsible for cash par,,parks ; trails dedications. payable at the
}%
March 28, 2006 Advisory Planning Commission Minutes
Page 16
19. All building signage shall be subject to City Sign Code requirements and shall be limited to
backlit channel letters.
20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with
signage on three sides. The center pylon shall be designed of materials to match the
buildings. Sign area is limited to 125 sq. ft. on each side.
shall be permitted at each entrance into the site. The
21. Free-standing monument signs ucted of brick and limestone to match the buildings. The
monument signs shall be constr
monument signs shall be subject to City Sign Code placement and size requirements.
22. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10 stall width.
23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if
adjustments can be made to improve lighting west of Building A and bring the average to
minimum ratios in all parking areas to 4:1..
24. The developer shall have the lighting engineer and landscaprchitebt review the Site
.Lighting Plan in conjunction with the Overall Planting Plan O -&sure that the. selection of
plant materials does not interfere with effective site lightg.
All voted in favor. Motion carried 6-0.
Member Chavez, moved, Member Hansen seconde motion,tW recommend a� .a�aa of a
Preliminary Subdivision to create three lots up6n `acres I8-tated southeasted Pine
Lane and Hwy. 3 in the SE '/< of Section 36 subject to 1',Qllring conditions as -
Lane
s amended: .
1. The developer shall comply with thaw standards coni
Council on February 2,1993: Al BI�3=B4, C1, C2,
2. The property shall be platted. -
3. Neighborhood Business setbacks shAapp�
otherwise:. ..
4.
5.
6.
7.
8.
9.
10. '
11.
• Building C may bei 10.5' from
Road.
Building coveragg hall noMbeeh 20%, Ilk
of plat approval as adopted by
t_and E1. .
except as noted
property line abutting Gun Club
on the overall site area.
A minimum ofi3'u,/§MLeen spire s a
Building height shA exc Q feet, with l#ae exception of the panel above the main
:I�xtend tize to
o 38' and 46.75' respectively.
entrance and. towe - 0i11
The d +a r- i revie-ow trash s"fo�ge areas to ensure they are of sufficient s
acoei'nmodate "
ash acyclable materials. containers for anticipated tenants.
Wdeveloper shalf espon f6r obtaining easement permission from the adjacent
p bes for the proVmdgraCS6.
The deJoper shall be�spons1'ble for installing and maintaining erosion control measures
in accor-cftre with City!&gineering standards.
All retainiHiRalls shall located on private property, outside of public right-of-way, and
maintained prvttely�Eu`property owners.
The developer sbmit evidence of private agreements between all properties in the
subdivision, providing for long-term maintenance of the rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and
Public Works Department.
The developer shall be responsible for providing a public storm drainage system within the
development to accommodate the existing drainage from Biscayne Avenue, in accordance
with City engineering standards.
This development shall extend public sanitary sewer of sufficient size, depth, and capacity
through the development to serve properties south and east, in accordance with the City
Comprehensive Sewer Plan (2000).
All existing well and septic systems on the site shall be abandoned in accordance with
Dakota County and City standards as part of this development.
March 28, 2006 Advisory Planning Commission Minutes
Page 17
15. The developer shall be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The
developer shall also be responsible for the dedication and acquisition of all necessary right
of- way, and public and private easements to construct the mitigative improvements.
16. To provide additional distance from the development entrance to Highway 3 to improve
vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the
property as possible. Ig PF BFA9Rt4FGFA
18. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
19. Stormwater runoff shall be treated on site via two constructed The design and
construction of the treatment ponds and infiltration basins sh,Fsatisfy City standards and
criteria.
20. The wetland delineation report for the site shall be approAd a bmitted.
21. A minimum exemption shall be obtained to allow squ
94 [e feet o land fill.
22. A average 30 -foot natural vegetation buffer as pro. d "lythe site shall be provided
next to the wetland.w a installation 'five
23. The applicant shall fulfill required tree mitigatio" :through :th. "
(65) Category B trees (or an equivalent com on of Cory A and/or t gory C
trees).
24. The applicant shall submit a revised Tree Preserva'lan that shows the correct
placement of required Tree Protective measures (i.e. gr-pMe colored silt fence or 4 foot
polyethylene laminate safety.nettin a installed at thy, p Line or at the perimeter of
the Critical Root Zone, whichever. is hof significant ��bodlands to be preserved.
on-site.
25. The applicant shall contact the City FoFestry 1309.10_'Wand up a pre -construction site
inspection at least fives prior.to the i afi ce of th"�ding permit to ensure
compliance with th,-„,,, Tree Preseration Plan end placement. of the Tree
Protection, Fend: ub ��1 ed prior to Final PD and Final Subdivision
26. A separate lane only p shall. be stt
approval.-~ s ion ort
27. The Landscape qadju
species selectper staff report
µ.ms
recoM . ,,01 P.L.
28. The„ wised L9Y��e Pla bai ll be signed b the landscape architect or certified
g Y
eryperson who-_prgpareu rt -
29 "development s�be respsible for cash parks and trails dedications payable at the
timebuilding permit"he ratEs then in effect.
30. A four-sAd pylon sign*ucture shall be permitted at the northwest corner of the site, with
signage o ee sides.�e center pylon shall be designed of materials to match the
buildings.S19" ea ted to 125 sq. ft. on each side.
31. Free-standing 1 nt signs shall be permitted at each entrance into the site. The
monument signs, all be constructed of brick and limestone to match the buildings.
The monumentsiigns shall be subject to City Sign Code placement and size requirements
32. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required. 9.5 stall width.
33. .The developer shall have the lighting engineer review the Site Lighting Plan to determine if
adjustments can be made to improve lighting west of Building A and bring the average to
minimum ratios in all parking areas to 4:1.
34. The developer shall have the lighting engineer and landscape architect review the Site
,Lighting Plan in,conjunction with the Overall Planting Plan to ensure that the selection of
plant materials does not interfere with effective site lighting.
All voted in favor. Motion carried 6-0.�
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006 CASE: 36-RZ-01-01-06
36 -PD -05-12-05
36 -PS -02-02-06
APPLICANT: Revestors 'HEARING DATE: March 28, 2006
PROPERTY OWNER: Revestors; APPLICATION DATE: February 9, 2006
Bill Schoenecker
REQUEST: Rezoning PREPARED BY: Pamela Dudziak
Preliminary Planned Development
Preliminary Subdivision
LOCATION: SE of Hwy. 3 and Red Pine Lane
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD,
Planned Development, a Preliminary Planned Development to create a mixed office/retail
m
comercial development,, and a Preliminary Subdivision to create three lots upon 9;.82 acres
located southeast of Red Pine Lane and Hwy. 3 in the SE 1/a of Section 36.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd., 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State .of Minnesota, or the Metropolitan Council.
Planning Report — Red Pine Crossing
March 28, 2006
Page 2
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the ' subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
Planned Development:
City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning
district as follows:
1. Providing greater flexibility in environmental design and relaxation of strict application
of the zoning ordinance in exchange for greater creativity and environmental sensitivity.
Planning Report — Red Pine Crossing
March 28, 2006
Page 3
2. Recognizing the economic and cultural advantages that will accrue to the residents of a
planned community.
3. Encouraging a more creative and efficient approach to the use of the land.
4. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
Encouraging a development pattern that is consistent with land use density, transportation
facilities and community facilities objectives of the Comprehensive Plan.
BACKGROUNWHISTORY
The site consists of two unplatted parcels and A, small remnant parcel from the construction of
Red Pine Lane. The smaller of the two parcels contains a concrete block building- which was
constructed in 1970. The larger of the two parcels is vacant. The property is currently zoned NB,
Neighborhood Business and is designated in the Comprehensive Guide Plan for Retail
Commercial land uses.
Prior to 1994-95, the property was guided in the Comp Plan for residential uses. In 1980, the
land use designation was R -II, Mixed Residential 3-6 units/acre. By 1988, the land use
designation of the entire area east of Hwy. 3 and south of Cliff Road was changed to DJ, Single-
family residential 0-3 units/acre. During the 1970s and 1980s, several industrial buildings were
constructed in the adjacent Halley's Addition. Following a study of the area in 1994-95, the land
use designation of the subject site and the adjacent Halley's Addition was changed to IND,
Limited Industrial, creating consistency between the use, zoning and land use. In 1995, Red Pine
Lane was constructed, leaving a remnant parcel of land south of the new street and east of the
railroad right-of-way. In conjunction with the creation of this new intersection with Hwy. 3, the
Gun Club Road intersection with Hwy. 3 was closed.
With additional residential development in this part of the City, the City revisited the land use
and zoning of the properties south of Red Pine Lane and east of Hwy. 3. In March 2002,
following an area study in 2001, the City changed the land use designation and zoning of the
properties west of Biscayne Avenue from IND, Limited Industrial, to RC, Retail Commercial.
The property was rezoned from I-1, Limited Industrial, to NB, Neighborhood Business later in
2002. With the change in land use and zoning, existing uses became non -conforming.
POTENTIAL REDEVELOPMENT/RENEWAL DISTRICT
Under a Predevelopment Agreement between the Developers and the City, the parties are
exploring the potential creation of a redevelopment or renewal district that could include the
property being considered for development at this time. The investigation of that possibility is
ongoing and, if a determination is made to proceed, that process will occur in parallel to the
X51
Planning Report Red Pine Crossing
March 28, 2006
Page 4
development application review process. The purpose :of the analysis is to consider whether the
City should work with the developers to implement a master plan for the area
rte not oonformingin*
the acquisition and redevelopment of some -of the properties in the area that
with the current zoning and comprehensive plan for the area. The analysis has considered all of
the properties bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road.
A redevelopment or renewal district, if created, would likely involve a subset of the properties in
that area. In anticipation of the prospective creation of the district, the developer is proposing the
subdivision of a lot along the south side of the development. This lot would create a connection
es, since such districts must be contiguous
between the substandard and non -conforming properti
and meet findings related to lot occupancy, lot coverage and the presence tu es foundtobe
structures.. Site improvements that make up the lot coverage and the structures
substandard are present in the southern portion of the site. While this requires a configuration for
a lot line that passes through a building, that situation can be addressed through building code
requirements associated with zero lot line development.
Relationship of TIF Findin s to Subdivision — While development application review and
subdivision may occur in advance of the creation of a district, construction may not occur with a
district until after a district has been certified. Therefore, the two matters will be considered in
parallel if it is concluded to move forward with such a district.
EXISTING CONDITIONS
The site consists of two unplatted parcels and a remnant parcel from the construction of Red Pine
Lane. The larger parcel is vacant, the smaller parcel contains a concrete block building, and the
remnant is located south of Red Pine Lane adjacent to the railroad. The ite is separated from
wetland on the west
Hwy..3 by railroad tracks. The site is open with some wooded areas
edge of the property.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
Existing Use
North I Single Family Residential
South West End Hunting and
Fishin Club
East Vacant/impound lot/
West
.3
EVALUATION OF REQUEST
R-1, Single Family
Residential
P, Park
NB; Neighborhood
Business
5
1.L
Land Use Designation
LD, Low Density Residential
P, Park and Recreational Open
Space
RC, Retail Commercial
Planning Report — Red Pine Crossing
March 28, 2006
Page 5
Description of Proposal - The applicant proposes to construct three commercial retail buildings
totaling 78,406 sq. ft. on this site. The existing building on the southwest corner of the site is
proposed to be removed. The primary access to the site is proposed from Red Pine Lane, and is
designed to be shared with the adjacent parcel to the northeast (Lots 4 and 5, Halley's I"
Addition). Access to the service area of the southerly building is proposed from Gun Club Road.
Ultimately, a secondary access via Biscayne Avenue is anticipated. The development plan shows
a "ghost plan" for future redevelopment of the three southerly parcels adjacent to the east. The
retail development is expected to be anchored by a grocery store; other uses include restaurant,
bank, and office. The future plan shows an additional 36,477 sq. ft. of potential office, retail, and
a daycare use. Fully redeveloped, the square footage would be approximately 115,000 sq. ft.
The proposed building architecture is reflective of a railroad depot. Ponding is proposed in the
southwest corner of the site, and rain gardens are proposed throughout the parking lot both to
convey water to the pond and to provide added infiltration and treatment for runoff.
A petition to vacate the Gun Club Road right-of-way has been submitted. Assuming Gun Club
Road is vacated, public street frontage for Lot 2 would be limited. A Variance is required for lot
frontage on a public street of less than 50 feet. Access to Lot 2 would be provided from Red Pine
Lane via easement over Lot 1. Access to Lot 2 would be available via the remaining Gun Club
Road right-of-way.
Compatibility with Surrounding Area — The proposal appears compatible with the existing land
use designation and zoning. The land_use plan designation was changed to RC, Retail
Commercial and the area rezoned to NB, Neighborhood Business, in 2002. Typically, a
neighborhood commercial node serves a one -mile radius. Based on this standard, this area of
Eagan has been underserved with regard to retail commercial service. The nearest retail
commercial nodes to this site in Eagan are all approximately 2-3 miles away (Lexington Ave. and
Diffley Rd.; Diffley. Rd, and Hwy. 3; Cliff Rd. and Thomas Lake Road).
The RC, Retail Commercial, land use designation states that compatibility considerations vary
with the type and scale of development. Specific considerations include the following:
➢ Neighborhood commercial development should be designed at a scale compatible with
nearby residential uses.
➢ Sidewalks and trails should be provided to connect these smaller commercial
developments to surrounding neighborhoods.
➢ Larger commercial development oriented toward community -wide regional markets
requires greater buffering where adjacent to lower intensity use. Such developments
should also include unifying design elements to achieve an overall- cohesive appearance.
➢ With regard to access, retail commercial uses tend to generate substantial amounts of
customer traffic and require visibility and convenient access and therefore, should be
located along arterial or collector roads.
➢ Physical suitability of the land varies with the type and scale of development, but
generally flat open sites with few physical constraints are desired because retail
commercial uses tend to have larger building footprints and high parking needs.
155
planning Report — Red Pine Crossing
March 28, 2006
Page 6
Densi —The proposed development consists of three commercial buildings totaling 78,406 sq.
ft. on 9.94 acres. This is made up of 69,653 sq. ft. of retail, 5,389 89 sq. ft. of office space, and a
3,364 sq. ft. bank. Future development on adjacent properties could include an additional 36,000
sq. ft. of office, retail and a daycare on 2.45 acres.
Lots — The proposed subdivision consists, of two lots. Lot 2 consistshe lythe ion of
the larger vacant parcel combined with the existing parcel in the southwest corner
development site. Lot 1 is comprised of the balance of the vacant parcel in conjunction with the
remnant south of Red Pine Lane.
Proposed lot sizes are:
Lot 1 = 6.86 acres (312,396 sq. ft.)
Lot 2 =.1.89 acres.(115,157 sq. ft.)
A Variance is required for Lot 2 with the vacation of Gun Club Road right-of-way. The
ay would result in less than 50' of public street frontage for Lot 2.
vacation of that right-of--w
This Variance can be accommodated through the Planned Development zoning.
Bulk Standards -.While the City Code, does not specify bulk seNzonin fordistriict requires D zoning the t,
the NB standards are applicable for comparative purposes. The NB g
following:
Building Setbacks —Proposed development appears to satisfy these
h few
exceptions. The deviations that are proposed can be accommodated within the
nned
Development. Minimum building setbacks in the NB district are:
Front yard = 30 feet from Red Pine Lane, Gun Club Road and railroad right-of-way
Side yard =10 feet
Rear yard = 20 feet
With Buildings A and B on one lot, internal side yard setbacks do not apply. Building B is
set back 30' from the railroad right-of-way on the west edge of the site (a front yard).
Building A satisfies is set back 32' from the north property line adjacent to Red Pine Lane.
Building C on the south end of the site is set back 10.5' from Gun Club Road. This is less
than the 30' setback required from a public right-of-way, however, with the proposed
vacation of the Gun Club Road right-of-way, the amount of setback required would be
reduced from 30 feet to 20 feet (rear yard) and may increase the building setback from the
south lot line if additional land is turned over to this site as a result of the vacation. With the
creation of Lot 2 to meet the criteria for a renewal/TIF district, Building C will be set back
only a few feet from the north lot line. Building C is designed for future expansion to the
east, but will initially be constructed with a setback of approximately 25' from the east
property line.
Planning Report — Red Pine Crossing
March 28, 2006
Page 7
Building Coverage — While building coverage is typically calculated on a lot by lot basis, the
lot configuration in this proposed subdivision are based on existing parcel boundaries and .
designed in anticipation of establishing a renewal or redevelopment district. For this reason,
individual lot coverage varies greatly. However, overall building coverage on the site is 18%,
less than the maximum of 20% allowed in the NB zoning district.
Green Space — As with building coverage, green space is typically calculated on a lot by lot
basis. However, in this proposal green space is evaluated for the overall site development for
the same reasons as building coverage. The development proposes an overall green space of
38%, an amount that satisfies the minimum standard of 30% required by the NB zoning
district.
Building Height — The NB zoning district allows a maximum building height of 30 feet.
Building height is measured to the mean roof level of a pitched or hip roof, and to the highest
point of a flat or mansard roof. Using this method of measurement, Building A has a height
of 24.6'and Building B of 28.5'; both are consistent with the NB standards.
Building C, an L-shaped building, is the largest of the three buildings. Building C also is the
anchor building and as such, contains additional architectural elements reflective of its
prominence in the development. The variations in roof lines also add visualinterest and
define sections of the building. The majority of Building C meets the NB maximum of 30'.
The flat roof portion measures 29'-10" to the top of the parapet, and the pitched roof section
is 29.2' The anchor tenant space (a grocery store) is proposed to have an arched panel above
the main entrance which extends to 38' In addition, the tower feature, which is a focal point
of the development, projects to 46.75'. These two features add to the railroad depot
architectural theme and exceed the typical 30 -foot height limit in the NB zoning district.
Such deviations in building height can be accommodated within the Planned Development if
determined to be appropriate by City officials.
Trash Enclosures — The zoning ordinance requires trash enclosures to be provided where
trash storage does not occur within the principal building. In commercial developments, such
enclosures must be attached to the principal structure and be constructed of materials to
match the principal structure with gates or doors having at least 90% opacity. Each of the
three buildings has attached trash enclosures constructed of materials to match the principal
building. Painted steel doors to the enclosures provide the required opacity. The developer
should review the trash areas to ensure they are of sufficient size to accommodate both trash
and recyclable materials containers for the anticipated tenants.
Proposed Use — Retail uses for this development are not specified. The NB zoning district
permits uses such as salons, copy centers, florists, gift shops, hobby shops, and off -sale liquor
stores and such uses would be considered permitted here. Conditional uses in the NB zoning
district include drive-through facilities,- veterinary clinics, daycare facilities, Class II restaurants
and on -sale liquor. The proposed development shows one drive-through facility associated with
155
Planning Report — Red Pine Crossing
March 28, 2006
Page 8
the bank in Building A. The drive through can be accommodated through Planned Development
approval in lieu of a conditional use permit. Three drive-through service lanes are proposed.
The entrance to the drive-through service would be from the west end of the site. The drive-
through lanes face south with vehicles exiting the drive-through to the south. Stacking for 5
vehicles must be provided for each of the drive-through lanes.
The development shows patio areas off the west end of Building C, and the southeast end of
Building B, as well as a plaza area on the east side of Building B. These areas suggest outdoor
dining associated with restaurant tenants. Class I (sit-down, full-service) restaurants are-
permitted
repermitted uses in the NB zoning district; on -sale liquor service, associated with a Class I
restaurant, can be accommodated through Planned Development approval in lieu of a conditional
use permit. Specific users have not been identified as of yet, however, the applicant should note
that a quick -service type restaurant (i.e. deli, coffee shops, sandwich shop) will require specific
approval as those uses are considered Conditional Uses in the NB zoning district. As such, they
warrant additional review and specific approval within the Planned Development in lieu of a
conditional use permit.
Grading/Topography-The site is generally open with drainage mainly to the south and west
toward an existing wetland (portion of Pond LP -23 as designated in the City Storm Water
Management Plan — 2005). The preliminary grading plan identifies, construction of retaining
walls at the eastern property line. The developer should be responsible. for obtaining easement
permission from the adjacent properties for the construction of these retaining walls, if necessary.
Two service drives are proposed to be extended to the east for future connection by re-
development along Biscayne Avenue. The final grading plan should be revised to match existing
grades of the adjacent properties to the east to allow grades of 5% or less for the proposed future
service drives to the east toward Halley's 1St Addition.
The developer should be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards.
All retaining walls should be located on private property, outside of public right-of-way, and
maintained privately by property owners.
Storm Water Drainage — The preliminary storm drainage plan is acceptable with modifications.
Storm water runoff from the development will drain to a new storm water pond before
discharging to the existing wetland (Pond LP -23) in the southwest comer of the development.
The entire site lies within Drainage District L, and Pond LP -23 ultimately drains to Lebanon
Hills Regional Park (LHRP). Overall post -development storm water runoff discharge rates are
proposed not to exceed pre -development rates.
The developer is proposing the installation of rain garden and small infiltration basins within the
green space areas of the development to provide for additional storm runoff quality and quantity
Planning Report — Red Pine Crossing
March 28, 2006
Page 9
control. The developer should submit evidence of private agreements between all properties in
the subdivision providing for long-term maintenance of these rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and
Public Works Department.
An existing public storm sewer along the east and south edges of the property accommodates
drainage from Biscayne Avenue and Gun Club Road. The developer should be responsible for
providing a public storm drainage system within the development to accommodate this drainage,
in accordance with City engineering standards.
Utilities — The preliminary utility plan is acceptable. Public sanitary sewer of sufficient size,
depth and capacity is available to the northwest from Red Pine Lane for connection and
extension by development of this site. This development should extend public sanitary sewer. of
sufficient size, depth, and capacity through the development to serve properties south and east, in
accordance with the City Comprehensive Sewer Plan (2000).
Water main of sufficient size and capacity is also available within Red Pine Lane to serve the
site.
All existing well and septic systems on the site should be abandoned in accordance with Dakota
County and City standards as partof this development.
Access/Circulation/Traffic Impacts —
Access Public street access to the development is proposed in three locations: one onto Red
Pine Lane, a service drive onto Gun Club Road, and one to Biscayne Avenue with ultimate
development of the properties to the east (Phase II). Internal circulation is provided within the
proposed development via private service drives, as shown on the preliminary site plan.
Trip Generation/ Distribution — Phase 1 It is estimated that approximately 4,760 total vehicle
trips per day (in/out — Source: Institute of Traffic Engineers 7`" Edition) will utilize the proposed
Phase I development of the site, and detailed as follows:
23,870 SF Grocery Store 2,470..vehicle trips
5.400 SF Office 160
45,800 SF General Retail 1,800
3,400 SF Bank w/ drive -up windows 430
Total —Phase 1 4,760
It is also estimated that the following distribution of this daily traffic from Phase I will occur:
4,520 vehicle trips (95%) - to/from.west - Highway 3/ Red Pine Lane
145 vehicle trips (3%) — to/from east - Red Pine Lane
95 vehicle trips (2%) — to/ from south Biscayne Avenue
1151
Planning Report — Red Pine Crossing
March 28, 2006
Page 10
otal vehicle
Trip Generationl Distribution — Phase II - It is estimated that tc Engineers a Edition roximaw 11 ut000 the proposed
tely 2,
trips per day (in/out —Source: instituof te
Phase II development along Biscayne Avenueand detailed as follows
89000 SF Daycare
14,400 SF Office
27,000 SF General Retail
Total —Phase Il
640 vehicle tri
160
2,000
It is also estimated that the following distribution of this daily traffic from Phase H will occur:
1,900 vehicle trips (95%) - to/from west - Highway 3/ Red'Pine Lane
60 vehicle trips (31/6) — to/from east - Red Pine Lane
40 vehicle trips (2%) — to/ from south — Biscayne Avenue
Traffic Impact - A traffic impact study was completed by the developer and reviewed, by City
staff analyzing the present and future operation of the Red Pine Lane/
Highway
level of service n
The Highway 3/ Red Pine Lane intersection currently operates at overall g
th an esmatd 95% of the
the peak hours with its current approach lane layout Highwnd ay significant additional demands
traffic generated by the development originating from g Y
will be placed on this intersection. The Minnesota Department
of Transportation (see attached MNDOTOT)has review,
also. reviewed the proposed development and its traffic impacts
letter).
The additional traffic from the proposed development of Phase I ll constructede e the gn -term
m excess
capacity of the signalized intersection of Red Pine LHighway
additional traffic, will cause operational issues and anThe
u streettand intersect on serviceable level of after
improvements.
development of Phase I, if not mitigated through
Westbound Red Pine Lane will experience the most difficulties;
the stacking of we
left
turning vehicles back from Highway 3 and a very poor level of service for westbound right
turning vehicles is anticipated.
To accommodate this development, mitigative improvements to Red Pine Lane would be
necessary to provide an acceptable level of service, including:
A dedicated right turn lane on westbound Red Pine Lane (including additional right-of-
way acquisition in the northeast comer of the intersection). This is a MNDOT-
recommended improvement
An extended left turn lane on westbound Red Pine Lane (for stacking to the proposed
access, additional right-of-way acquisition from adjacent property in Halley's Addition)
An eastbound right turn lane along the entire development adjacent to Red Pine Lane.
Signal revisions
Railroad crossing signal revisions
along south side of Red Pine Lane (w/ 8 -foot
Relocation of 8 -foot pedestrian trail
boulevard)
E A*
Planning Report — Red Pine Crossing
March 28, 2006
Page 11
The developer should be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection listed above.
The developer should also be responsible for the dedication and acquisition of all necessary right-
of-way, and public easements to construct these mitigative improvements. Also, to provide
additional distance from the development entrance to Highway 3 to improve vehicle circulation
on Red Pine Lane, the entrance should be located as far east on the property as possible. These
'improvements will require the acquisition and dedication of additional right-of-way from the
development and other properties. The preliminary plat ' and site plan submitted with the
application does not reflect the dedication of right-of-way for the additional roadway width,
needed for these Red Pine Lane improvements.
To accommodate ultimate development in the area, additional mitigative improvements to
Highway 3/. Red ' Pine Lane would be necessary to provide an acceptable level of service,
including:
• A dual left turn lane on southbound Highway 3
• Signal revisions to accommodate the dual left tum
• Railroad crossing signal revisions to accommodate the dual left turn
These improvements would be the responsibility of the City and MNDOT.
Gun Club Road, along the southeast edge of the site, is currently a rural section gravel road. The
use of Gun Club Road by this development will require the upgrade of the roadway to City street
standards with bituminous paving, concrete curb & gutter, and storm sewer. Also, with future
adjacent development, a cul-de-sac bubble will be required at the west end of Gun Club Road
near the southeast corner of this development site. The developer should be responsible for the
upgrade of Gun Club Road, from Biscayne Avenue to. the southeast corner of the development.
The developer should also be responsible for the dedication of public right-of-way to
accommodate the one-quarter of the future cul -de -.sac within the development at the proposed
west end of Gun Club Road.
Easements/Permits/Ri t -of -Way — The developer should be responsible for obtaining private
ingress/ egress easement from Lots 4. and 5, Block 1. Halley's First Addition to cover the access
drive over those properties to align with Red Poll Court.
The developer should provide private ingress/ egress easements to the adjacent properties within
the Phase II development area along Biscayne Avenue to allow for future access/ circulation
between the developments.
This development should dedicate all right-of-way necessary to construct the required
improvements to Red Pine Lane.
Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for
platting.
It5R
planning Report — Red Pine Crossing
March 28, 2006
Page 12 .
Based upon a study by City staff of the financial obligations collected in the past
at d proposed of final
use for the property, the total estimated charges of $139,807.00 will be collected
subdivision or connection to the City, s utility system based on the table below. The final charges
will be computed using the rates in effect at time of connection or subdivision. The estimated
financial obligation is subject to change based upon the areas, dimensions and land uses
contained in the final subdivision or plat, with due allowances for easements and right-of-way
required with the plat. These amounts do not include estimated connection charges for the
properties along Biscayne Avenue included in the submitted concept plan.
[m rovement
Use
C/I
Rate
$2,315/ac
Iuanti
8.55 ac
Amount
$19,793.25
Sanit Sewer Trunk
Sanit Sewer Lateral
C/I
$27.60/ F.F.
172 F.F
$4,747.20
Water Trunk
C/I
$2,430/ ac
1.15 ac
$2,804.22
$2,527.20
Water Lateral
C/I
$35.10/ F.F
172 F.F
$37,151.00
Water Availabili
C/I
$3,830/ ac
$01159/
9.7 at,
Storm Sewer LateralC�
Storm Sewer Trunk
C/I
$ S.F.
406 981 S.F.
$64,709 98
City, s LP 1 -Watershed,
Water Quality — This Proposed subdivision is in the east upper end of the ee immediately downstream of
which contains a majority of Lebanon Hills Regional Park (LHRP). Y
the parcel is an approximate 12 -acre wetland, "Gun Club Marsh" (City Pond LP -23). This is a state
public water wetland (DNR#19-0309W) that drains toward Marsh Lake (DNR#19-0308W) in
LHRP.
The developer proposes to address City stormwater quality requirements via two constructed ponds,
which would pre -treat runoff before it drains to dress runoff andratthe dto City Pond LP -23. A series
of infiltration basins also is proposed to help a
Wetlands —The wetland delineation report for the project site (Peterson Environmental Consulting,
Inc.; Project No. 2004-058) identifies one wetland that is subject to theCity's jurisdiction,
drain, fill, or
according to the Minnesota Wetland Conservation Act (WCA). Any proposals to
excavate this wetland need to meet all provisions of WCA laws and rules.
eet
Originally proposing 7,650 square feet of wetland fill impacts requiring at least 15,300 asquu cts. Mlar�eRules
of wetland replacement, the developer now proposes only 94 square feet of fill p
Ch. 8420.0122 Subp. 9 allow a maximum of 400 square feet of fill in this type of wetland without
replacement under a so-called "de minimus" exemption. The applicant recently submitted an
application for such exemption. The City must formally approve this exemption.
Tree Preservation — A tree inventory submitted with this application indicates that there are six
(6) significant trees and 34,056 square feet of significant woodlands located on this site. Most of
the individual trees and significant woodlands are located along the west side of the property.
Planning Report — Red Pine Crossing
March 28, 2006
Page 13
Individual tree size and species break down is as follows: one 6" oak tree, one 12" black cherry
tree, one 12" and one 14" elm tree, and one 16 and one 20" poplar (cottonwood) tree. The
significant woodlands are comprised mostly of softwood deciduous trees, (elm, cottonwood, and
willow trees) in the three to twelve inch diameter range. The majority of these woodland trees.
are located within seventy (70) feet of the existing wetland in the southwest portion of the site.
The development as proposed will result in the removal of a total of five (5) significant trees
(83% of the total); and 25,080 square feet of significant woodlands (74% of the total). According
to the City of Eagan Tree Preservation Ordinance allowable tree/woodland removal for this
development is set at 40%. Required tree removal mitigation for this application calculates to
sixty-five (65) Category B trees (or an equivalent combination of Category A and/or Category C
trees.
The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree
mitigation through the installation of thirteen (13) Category A trees and forty (40) Category B
trees, for an equivalent amount of sixty-six (66) trees.
Staff has concerns about the feasibility of preserving significant woodlands along the east side of
existing wetland, as indicated on the Tree Mitigation Plan, because proposed parking areas,
buildings, and/or hard surface pedestrian areas are located literally within 1 foot of tree
preservation areas. According to the City of Eagan Tree Preservation Ordinance, required tree
protection measures (i.e. tree protection fencing) are required to be placed at the drip line or at
the perimeter of the critical root zone (CRZ), whichever is greater, of significant woodlands to be
preserved. Neither the submitted Tree Mitigation Plan, nor the Grading Plan, indicates the
required placement of tree protection measures.
Throughout several previous meetings with the applicant staff has provided the following
recommendations to the applicant:
a. Provide for additional preservation. of significant woodlands located within 30-50 feet
of existing wetlands.
b. Revise the Tree Mitigation/Landscape Plan to provide for appropriate spacing of
mitigation trees (located south of the proposed storm pond, in the extreme southwest
portion of the site).
To date staff has not seen any of these recommendations included on a revised development
proposal.
The applicant has also been instructed that they will be required to demonstrate which "practical
difficulties or practical hardships" should grant them the ability to' an exception to City of Eagan
Tree Preservation Ordinance allowable tree removal limits. To date staff has not seen this type
of narrative on a revised development proposal.
Landscaping — The City landscape ordinance'requires that tree mitigation be provided in addition
to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the
Planning Report — Red Pine Crossing
March 28, 2006
Page 14
landscape ordinance standards, absent any mitigation plantings. While the applicant submitted a
Mitigation Plan separate from the overall Landscape Plan, a Landscape -only Plan was not
submitted, making evaluation of this requirement more difficult. It appears that the bulk of the
shade trees on the site are designated as mitigation trees, placement in parking lot islands and
along the perimeter of the site. As such, it appears that some of the mitigation is provided in
place of required landscaping (e.g. trees in parking islands or where screening is required). A
separate Landscape -only Plan should be submitted prior to Final PD and Final Subdivision
approval.
The proposed Landscape Plan may need to be revised to redesignate some of the mitigation trees
as landscape trees. With the amount of site area covered by wetland and ponding areas, the
combined Landscape and Tree Mitigation plan appears to result in a fully planted site. Thus,
such revisions to the Landscape Plan may affect the mitigation plan as the site may not then
accommodate as many mitigation trees as the current plan proposes. Therefore, the tree
mitigation plan should be revised accordingly and the revised plan submitted to the City prior to
final subdivision approval.
The landscape plan proposes -a variety of trees, shrubs and perennials. The plan includes
landscape features at the entrance and at the center pylon sign. The parking is located internally,
with buildings situated at the perimeter of the site. Thus, most screening of parking areas from
the right-of-way is accomplished through building placement rather than landscaping. Additional
landscape features include rain gardens (which also provide storm water management), and a
"wood trellis with brick columns and limestone wall" creating a visual focal point within the
development.
Parking islands have either shade trees (maple, hawthorn, linden) or ornamental trees
(serviceberry). A few evergreens in parking islands should be changed to shade trees. Evergreen
trees are subject to greater damage from snow storage, may interfere with vehicle doors and can
obstruct visibility necessary for security and safety within a parking lot. Shade trees and
ornamental trees provide shade to cool the pavement in the summer months, and branches
extending overhead allowing for snow storage within the islands in the winter months, provide
visibility through the lot providing for better .security and safety. River birch are utilized around
the rain gardens and wetland area within the site.
A variety of perennials including daylilies, sedum, hosta and varieties of grasses are proposed in
addition to shrubs such as chokeberry, dogwood, honeysuckle, hydrangea, juniper, and spirea.
Perennials are a suitable choice for locations that are subject to winter snow storage, and provide
added color and interest year around.
The plans make little use of evergreen shrubs, although evergreen trees are utilized in various
locations. Additional evergreen materials should be incorporated to provide more year round
color. Along the south side of Building B, the pine trees may soften the appearance of the.
building wall as viewed across the wetland, however, staff is concerned that these trees are not
well suited to the growing conditions in that location and will be crowded against the building.
Planning Report — Red Pine Crossing
March 28, 2006
Page 15
Additionally, the Final Landscape Plan should be signed by the landscape architect or certified
nurseryperson who prepared it.
Parks and Recreation — This development is responsible for cash parks and trails dedications
payable at the time of building permit at the rates then in effect. The 2006 rates are $5,790 per
acre for parks and $1,251 per acre for trails.
Building Architecture/Elevations — Building architecture is reminiscent of a railroad depot.
Building materials include a limestone, brick, stone and glass. The roof material is slate. Details
include -wood trussed entry gables, copper flashing and wood soffit brackets. The double pitched
mansard roofs are architecturally consistent with this theme and provide screening for rooftop
mechanical equipment. Because of their visibility, Buildings A and B carry architectural
elements around all sides of the building. Building C focuses architectural elements on the front
facade. The south elevation of Building C is not as visible or prominent as that of Buildings A
and B. While it utilizes the same brick material, the rear elevation of Building C lacks the
architectural features that are found .on the front and sides of that building.
Si na e — City Sign Code allows two building signs on two elevations for tenants in multi -tenant
buildings. One additional sign is allowed for end tenant spaces:
The applicant submitted a separate document outlining the signage guidelines, along with graphic
exhibits defining the sign panels on each building elevation. Individual tenant building signage
is proposed on the north and south elevations of Building A, the north, east and west elevations
of Building B, and the north and west elevations of Building C. The anchor tenant in. Building C
has a 5'0" high sign area above the main entrance, with two smaller sign panels on either side of
the main entrance. Building A also has two 4'0" sign panels on the north and south elevations at
the east end of the. building. The remaining building sign areas are 2'6" in height.
The proposed areas on the buildings for tenant signage appear to be consistent with the Sign
Code. The number of signs for each tenant space, including the anchor tenant in Building C,
should also comply with Sign Code requirements and will be reviewed, as part of the sign, permit
application prior to installation for each tenant.
The applicant has indicated that building signage will be limited to channel letters and "high-
tech, long lasting LED light sources instead of neon." Building signs are proposed to be backlit,
and only LED lighting permitted, no neon and no flashing lights. The maximum letter height is
proposed to be 30"and signs are to be located directly above entrance doors.
A four-sided pylon sign is proposed'at the NW corner of site. The pylon "incorporates the
materials and design aesthetics of the rest of the development setting the tone for the mixed use
center beyond. It consists of brick support columns with a limestone base to match the
materials used on the buildings and has a pitched roof to match the buildings. The pylon
identifies the center name, and includes an internally lit cabinet system on three sides,of.the
1403
Planning Report - Red Pine Crossing
March 28, 2006
Page 16
identification sign (pylon), divided into equal height panels for lease by individual tenants. The
Sign Code limits the sign area to 125 sq. ft. on each side.
he
A monument sign is also proposed at each entrance into the
site
identifying mo the
monuments ot ter eT ed
monument signs are also constructed of brick and limestone.
seven feet in height, and the message area cannot be more than four feet in height.
p k —Number of Stalls — The parking areas are designed to be shared Staff's theparthree
ing
buildings with easements across the lots for shared use and uirement of 264 stalls. The applicant
calculations differ from the applicant's. A total parking q
shows a'required 302 stalls. Within the PD zoning and o tade for the dilfferent usest is lgned for
within all
shared parking, the staff evaluation combined the squareg
three buildings, separating the uses for office, retail and bank.
Staff s calculations result in a total of 264 parking stalls required for the propose d evestalment
for
The breakdown is as follows: 26 7 stalls fore are o ated tai as follows:I spa, 13 stalls for the ,
office space. By building, the 24 stalls
Building A = 42 stalls
Building B = 48 stalls
Building C = 174 stalls
According to the site plan, a total of 302 parking stalls are proviideed oconsider sults in s fining the age
of parking. With anexcess number of stalls, the developer should
parking stalls to meet dimensional standards (see discussion below).
Parkin — Dimensional Standards — City Code requires parking stall dimensions
of theparking sta is
19' deep. Most of the parking stalls meet these dimensional standards;
size
are proposed to be 9.5' x 19' and do not meet minimum forrequirements.
parking stall and aislestis a were
from City Code standards. The dimensional requirements
added to the City Code in 2000. Prior to that, a 10 -foot wide
sandard was d feet were allowed lied in igow
turnover areas, such as retail parking lots, and stalls as narrow
turnover parking lots, such as employee parking at a warehouse or office building. The
acceptability of the proposed 9.5' wide parking stalls is r policyostalls, er to e developer ined should
y City
officials. Since the site apparently has an excess num parking
consider redesigning the stalls to meet dimensional standards.
required parking stall depth of 19 feet and two-way drive aisle width of 24 feet are satisfied.
The q p
Site Li�htin Plan — Site lighting is proposed to be accomplished through free-standing pole-
g mounted lighting
mounted lighting. Some buildinxtures aaroep l
75 watts and the decorative
decorative fixtures fixtures
standard fixtures are proposed. The
are 320 watts; both are metal halide.
I �4
Planning Report — Red Pine Crossing
March 28, 2006
Page 17
The decorative fixtures are proposed to be both pole -mounted and building mounted using a
decorative "shepherd's crook" support. The pole -mounted decorative fixtures are proposed at a
20' mounting height along the main entrance into the site, and at a 12' mounting height along
pedestrian pathways and other pedestrian oriented areas. The same fixture is proposed to be
building mounted along the front of Building C and all around Building B.
The standard fixture is proposed to be pole mounted at a 24' height with botsame
gle andfixtured twin
head design throughout the parking lots. A building mounted version of the s
is
proposed to illuminate the service area on the east side of Building C.
Typically, minimum light levels of 0.5 foot-candles are acceptable within parking lots, and
maximum light levels of not more than 1 standards ds with the exandle are tableat the ception of the west corner of
photometric plan appears to satisfy thesea
Building A where light levels drop below 0.5 foot-candles.
The Illuminating Engineering Society of North America (2003) manual suggests an average -to -
minimum uniformity ratio not greater than 4:1. The average -to -minimum ratio in parking lots A
and C are greater than the recommended 4:1 ratio. This suggests greater light variation
throughout the lot. The site lighting plan should be reviewed and calculations clarified or
lighting modified -to better achieve the IESNA recommended standards. The developer also
should have the lighting engineer and landscape architect review the Site Lighting Plan in
conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not
interfere with effective site fighting.
SUMMARY/CONCLUSION
Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD,
Planned Development, a Preliminary Planned Development to create a mixed office/retail
commercial development, and a Preliminary Subdivision to create three lots upon 9.82 acres
located southeast of Red Pine Lane and Hwy. 3.
The proposed development consists of three commercial retail buildings totaling 78,406 sq. ft.
The existing building on the southwest corner of the site is proposed to be removed. The primary
access to the site is proposed from Red Pine Lane, and is designed to be shared with the adjacent
parcel to the northeast. The development plan shows a "ghost plan" for future redevelopment of
the three southerly parcels adjacent to the east with a potential 36,447 sq. ft. of similar uses.
Ultimately, a secondary access via Biscayne Avenue is anticipated. The retail development is
expected to be anchored by a grocery store; other uses include restaurant, bank, and office.
Ponding is proposed in the southwest comer
ona andito, ov d add d infins ltration and te proposed reatinentut
the parking lot both to convey water to the p P
for runoff. The proposed building architecture is reflective'of a railroad depot.
The application is largely in compliance -with NB zoning requirements.
inThe
an odd configuration
subdivision, designed to meet criteria for a renewaVTIF district, results
Planning Report — Red Pine Crossing
March 28, 2006
Page 18
and skewed calculations for bulk standards. The PD zoning canaccommodate
from strict code .requirements,
situation. The Planned Development zoning allows for deviations.
and provides for an overall architectural design, signage plan, landscape plan, site lighting,
shared parking, and other amenities to achieve an improved overall development.
ACTION TO BE CONSIDERED
To recommend approval of a Rezoning from NB, Neighborhood Business 1Sthe E
toPD, Planned
Development of 9.82 acres located southeast of Red Pine Lane wy.
Section 36,.
To recommend approval of a Preliminary Planned Development to create a mixed office/retail
commercial development upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the
SE'/a of Section 36. If approved, the following conditions shall apply:
Preliminary Planned Development Agreement which
1. The developer shall execute a
includes the following plans:
➢ Site Plan
➢ Building Elevations
➢ Site Lighting Plan
➢ Landscaping Plan
➢ Signage Plan
2. A Final Planned Development Agreement shall be executed for each building of the
development. The following plans are necessary for the Final Planned Development
Agreement:
➢ Final Site Plan
➢ Final Building Elevations
➢ Final Site Lighting Plan
➢ Final Landscaping Plan
➢ Final Signage Plan
3. The property shall be platted prior to issuance of any building permits.
4. Uses permitted within the NB zoning district shall be permitted within this development.
Any use that is requires a conditional use permit in the NB zoning district, with the
exception of the bank drive-through and on -sale liquor service associated with a Class I
restaurant operation, which are part of this initial proposal, shall require an amendment to
the PD in lieu of a conditional use permit.
5. Neighborhood Business setbacks shall apply to this development except as noted
otherwise:
�i
Planning Report — Red Pine Crossing
March 28, 2006
Page 19
Building C maybe setback 10.5' from the existing south property line abutting Gun
Club Road.
6. A minimum of 30% green space shall be provided.
7. Building height shall not exceed 30', with the exception of ,the panel above the main
entrance and the tower on Building C which extend to 38' and 46.75' respectively.
8. Building coverage shall not exceed 20%, based on the overall site area.
9. The developer shall review the trash storage areas to ensure they are of sufficient size to
accommodate both trash and recyclable materials containers for anticipated tenants.
10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes.
11. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
12. The applicant shall fulfill required tree mitigation through the installation
C trees(65)
Category B trees (or an equivalent combination of Category and/or Category
13. The applicant shall submit a revised Tree Preservation Plan that shows the correct
silt fence or 4 foot
placement of required Tree Protective measures (i.e. orange
polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter, of
the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preseed
on-site.
14. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading he Tree permit to ensurection co plgance
with the approved Tree Preservation Plan and placemen
t of e.
15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision
approval.
16. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
17. The revised Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
18. This development shall be responsible for cash parks and trails dedications payable at the
time of building permit at the rates then in effect.
Planning Report Red Pine Crossing
March 28, 2006
Page 20
19. All building signage shall be subject to City Sign Code requirements and shall be limited
to backlit channel letters.
20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site,
with signage on three sides. The center pylon shall be designed of materials to- match the
buildings. Sign area is limited to 125 sq. ft. on each side.
21. Free-standing monument signs shall be permitted at each entrance into the site. The
monument signs shall be constructed of brick,and limestone to match the buildings. The
monument signs shall be subject to City Sign Code placement and size requirements.
22. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10' stall width.
23. The developer shall have the lighting engineer review the Site Lighting Plan to determine
if adjustments can be made to improve lighting west of Building A and bring the average
to minimum ratios in all parking areas to 4:1.
24. The developer shall have the lighting engineer and landscape architect review the Site
Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of
plant materials does not interfere with effective site lighting.
of a Preliminary Subdivision to create three lots upon 9.82 acres
To recommend approval
Hwy. 3 in the SE /4 of Section 36. If approved, the.
located southeast of Red Pine Lane and
following conditions shall apply:
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D1 and El.
2. The property shall be platted.
3. Neighborhood Business setbacks shall apply to this development except as noted
otherwise:
Building C may be set back 10.5' from the existing south property line abutting Gun
Club Road.
4. Building coverage shall not exceed 20%, based on the overall site area.
5. A minimum of 30% green space shall be provided.
6. Building height shall not exceed 30 feet, with the exception of the panel above the main
entrance and the tower on Building C which extend to 38' and 46.75' respectively.
Planning Report — Red Pine Crossing
March 28, 2006
Page 21
7. The developer shall review the trash storage areas to ensure they are of sufficient size to
cyclable materials containers for anticipated tenants.
accommodate both trash and re
8. The developer shall be responsible for obtaining easement permission from the adjacent
properties for the proposed grading.
9. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with City engineering standards.
10. All retaining walls shall be located on private property, outside of public right-of-way, and
maintained privately by property owners.
11. The developer shall submit evidence of private agreements between all properties in the
subdivision, providing for long-term maintenance of the rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney
and Public Works Department.
12. The developer shall be responsible for providing a public storm drainage system within
the development to accommodate the existing drainage from Biscayne Avenue, in
accordance with City engineering standards.
13. This development shall extend public sanitary sewer of sufficient size, depth, and capacity
through the development to serve properties south and east, in accordance with the City
Comprehensive Sewer Plan (2000).
14. All existing well and septic systems on the site shall be abandoned in accordance with
Dakota County and City standards as part of this development.
15. The developer shall be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The
developer shall also be responsible for the dedication and acquisition of all necessary
right-of-way, and public and private easements to construct the mitigative improvements.
16. To provide additional distance from the development entrance to Highway 3 to improve
vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the
property as possible.
17. The developer shall be responsible for obtaining private ingress/ egress easement from
Lots 4 and 5, Block 1 Halley's First Addition to cover the proposed access drive over
those properties, to directly align with Red Poll Court across Red Pine Lane.
18. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
169
Planning Report — Red Pine Crossing
March, 28, 2006
Page 22
19. Stormwater runoff shall be treated on site via two constructed ponds. The design and
construction of the treatment ponds and infiltration basins shall satisfy City standards
and criteria.
20. The wetland delineation report for the site shall be approved as submitted.
21. A de minimus exemption shall be obtained to allow 94 square feet of wetland fill.
22. A minimum 30 -foot natural vegetation buffer shall be provided next to the wetland.
23. The applicant shall fulfill required tree mitigation through of installation
of sixty five
Category C
(65) Category B trees (or an equivalent combination Category
trees).
24. The applicant shall submit a revised Tree Preservation Plan that shows the correct
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot
polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter
of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved on-site.
25. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure
ervation Plan and placement of the Tree
compliance with the approved Tree Pres
Protection Fencing.
26. A separate landscape only plan shall be submitted prior to Final PD and Final
Subdivision approval.
27. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
28. The revised. Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
29. This development shall be responsible then in parkt, and trails dedications payable at
the time of building permit at the rates
30. A four-sided pylon sign structure shall be permitted at the northwest
st comer
rials t the hatch,
with signage on three sides. The center pylon shall be design of
the buildings. Sign area is limited to 125 sq. ft. on each side.
31. Free-standing monument signs shall be permitted at each entrancesite. into the i Te
monument signs shall be constructed of brick and limestone to match the
Planning Report — Red Pine Crossing
March 28, 2006
Page 23
The monument signs shall be subject to City Sign Code placement and size
requirements
32. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10' stall width.
33. The developer shall have the lighting engineer review the Site Lighting Plan to
determine if adjustments can be made to improve lighting west of Building A and bring
the average to minimum ratios in all parking areas to 4:1.
34. The developer shall have the lighting engineer and landscape architect review the Site
Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection
of plant materials does not interfere with effective site lighting.
III
STANDARD CONDITIONS OF PLAT APPROVAL
A: Financial Obligati
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 -
This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development- shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in. addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage requirements. ,
C. Plans and Specifications
All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified bya
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.
11L
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract,. the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
1. This development shall fulfill its park and trail dedication requirements as
recommended by the . Advisory Parks . Commission and approved by
Council action.
G. Water Ouality Dedication
1. This. development shall be responsible for provided a cash dedication,
ponding, or a combination thereof ' in accordance with the criteria
identified in the City's Water Quality Management Plan, as recommended
by the Advisory Parks Commission and approved by Council action.
H. Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission
Approved: August 25, 1987
City Council
September 15, 1987
Revised: July 10, 1990
Revised: February 2. 1993
G:Engineering/Forms/Standard Conditions of Plat Approval
Current Zoning and Comprehensive Guide Plan Red relCrossing
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Rezoning, P
Land Use Map 36.RZ-01-01-06, 36.PD-05-12-05
Zoning Map
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EAGAN. MINNESOTA
71-61
7300 WEST 147TH STREET
SUITE 504
APPLE VALLEY. MN
55124-7580 aft -ft
(952) 431-4433 OFFICE
(952) 431-3883 FAX
COMM NO: 05018
DATE: 03/10/06 SD -06
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CITY SUBMITTAL 11 -MAR -2006
7300 WEST 147TH STREET SUITE 504, APPLE VALLEY, MN 55124-7580 (952) 431-4433
RED PINE CROSSING — PLANNED DEVELOPMENT NARRATIVE:
March 10, 2006
Red Pine Crossing development is planned as a high quality mixed-use project that transforms
The
The R s Southeast Redevelopment Study Area into an attractive and vital neighborhood commercial
Eagycare
development. The project when completed will include store, opporestatunities
to, bankhe under -served rce and, es dents
businesses that will provide much needed retail and service opportunities t
within this part of Eagan as well as portions of adjacent communities. In addition, Red Pine Crossing
transforms the under-utilized and substandard properties into a productive addition to he City of Eagan.
Red Pine Crossing is planned as a two-phase project with the first phase currently beinged ubmi ted as a
Planned Development. However, the entire redevelopment area has been master planned J
with significant city input to determine the best use for the complete district in regards to land use and
utilities, as well as vehicle and pedestrian circulation. Phase I consistsof three very pscale buildings
ace including a
totaling approximately 78,000 gross square feet of mostly retail, bank and r space
mid-size anchor tenant at the south side of the site. The endmixof Buildingd use natures C. Phase IIawil further enhnceladdhan
addition of a second story office area over the retail p
additional 45,000 gross square feet of retail, office and daycare businesses.
ive Plan Guided as RC — Retail Commercial and zoned as NB
The entire site is currently Comprehens
consistent with the uses for the site. The current zoning
Neighborhood Business which are both
is also appropriate for this property given the good access and vipsibility off of Highway 3 and n an
ing
appropriate supporting land use to he adjacent Rl - residential developments.
Of
the zone creounw ed for Red
includes to the east a.small strip of four lots of Industrial use and he Public
Pine Elementary, and finally to the south is the Park zone that encompasses the West End Hunting and
Fishing Club.
Aesthetically, Red Pine Crossing harks back to the railroad
s early 1900's using
any
depots and terminals as visual precedent for the images detailing f the enter. In their
depots and stations were vital centers of -activity within a community, both socially and economically.
Red Pine Crossing is envisioned as just such a place- in the fabric of this modern day community. To
reinforce this vitality, pedestrian paths were developed connecting all adjacent neighborhoods to each
part of the site and to the central plaza.
The railroad depot image is developed using a palette of durable, high quality materials including a
strong limestone base in a random ashlar pattern, brick and
tstone
ho columns
Add Tonal d tail is wadded
supporting the many slate
roofs, and finishes with beck S g
with wood trussed entry gables, copper flashing, and wood soffit brackets that were so commonly found
supporting the deep overhangs of depots from this era. The slate covered double,pitched mansard roofs
provide visual variety for each building again recalling the depot materialsnand d sisame
n e�ementf function
t
to fully screen the rooftop mechanical units. While these familiar
EAPROJECTS\0501MITY REVIEW (SITE, CUP)\PROJECTNARRATIVE.DOC RECE14-0 MAR
.g 3
J/ TVA
throughout the buildings, at the same time the facades are varied in design to breakup each building into
smaller sections — each with their own visual identity. In addition the massing of the buildings gradually
progresses from the northwest corner of the site starting with the lower bank canopy and smaller scale of
building A. It builds slightly within the staggered form of Building B along Highway 3. Finally the
volumes rise to the focal points of Building C with its two story tower at center of the site and the arched
bow of the anchor tenant's entry. Due to the high visibility of all sides of buildings A and B, the detail
level developed on the fronts of the buildings is carried around all sides. These buildings even include
windows on the backs- of each tenant space, a rare feature in retail design.
The buildings are positioned around the perimeter of the development providing the opportunity to create
a central landscape that balances the needs of pedestrians and vehicles while still leaving significant
room for gardens, public plazas, and a recirculating water feature. Central to the site is a series of rain
gardens that are filled with perennial flowers and ornamental grasses. Special attention was given to the
placement of these landscape features to visually divide the parking lot and create attractive pedestrian
connections. The landscaping of the property is further articulated with the inclusion of over 150 trees
and nearly 400 shrubs carefully distributed around the site to provide interest, to highlight landforms, as
well as to function as screens each .relative to the needs of a particular area. Finally, the site will be
accented with decorative trellises, limestone seatwalls, a recirculating. boulder stream, and railroad
themed artifacts carefully distributed around the site and adjacent to pedestrian paths.
As appropriate for a masterplan of this size, the traffic circulation to and within the site was studied to
create appropriate circulation systems for the quantity of vehicles inherent to land zoned for commercial
development; The project circulation included review and recommendations by a private ;traffic
engineer, Wenck, as well as the city engineering department. While vehicle trips will understandably
increase with this development when compared to vacant and minimally used land, the propertylas been
guided for retail commercial development by the City of Eagan for a long time and public transportation
routes anticipate that load. As noted in the traffic study, 95% of the trips return directly to the signal
controlled intersection of Highway 3 and Red Pine Lane minimizing impact on the nearby neighborhood
streets. In addition the traffic study showed that all existing public roadways will be within standard
acceptable ranges for levels of service (LOS) at peak hours and recommends the addition of a 100 foot
right turn lane eastbound on Red Pine Lane turning into the main entry of the development which we
have added to the project.
Special care was focused on the design of Red Pine Crossing to minimize the impacts of the
development to the ecosystem. First; the rain gardens previously mentioned act as environmentally
friendly sustainable areas to collect the waters of a typical small rain, allow them to infiltrate into the
ground, and be cleaned in the process. This approach significantly reduces the rainwater runoff that
leaves the site, a benefit to the entire stormwater district. Even during a heavy rain, the rain gardens
provide infiltration into the soil while creating an overflow process stepping from one rain garden to the
next progressing down the site contours until the rainwater enters the N JRP pond created at the
southwest corner of the property. Further, the project strives. to maintain its environmentally sustainable
approach by carefully redesigning the buildings and vehicle circulation plans, pushing them away from
the existing wetland fully maintaining this wetland without disturbance. The parking stalls widths were
also reduce by 6" to help allow for the wetland avoidance. The project also provides buffer space around
E:IPROJECTS\0301MCITY REVIEW (SITE. CUP)\PROJECT NARRATIVE -DOC
the wetland ranging from a minimum of 10 feet to well over the 30 foot preferred buffer dimension. At
all locations where the buffer is less than 30 foot, the area developed is graded away from the wetlands
in order to not allow untreated stormwater from directly entering the pond.
To further accentuate the level of quality developed within the site and buildings, the exterior signage
guidelines were carefully crafted to specify consistent tenant sign placement and appropriate signage
sizing. The guidelines also mandate top of the line individual channel letters and high-tech, long lasting
LED light sources instead of neon. The signage approach culminates with the main project identification
sign which incorporates the materials and design aesthetics of the rest of the development setting the
tone for the mixed use center beyond.
All three building of Phase I of Red Pine Crossing are scheduled for a start in spring, 2006, and be ready
for tenant interior construction late in 2006. The first tenant openings would be anticipated around the
second quarter of 2007. Phase II is anticipated to be incorporated into this Planned Development by an
amendment process after the remaining parcels are acquired. Currently this phase is anticipated to begin
in the first half of 2007, roughly following the opening of the Phase I buildings.
.Red Pine Crossing is well suited for the Planned Development approach since it provides a very high
level of building and site detail. The benefits include the project's mixed-use nature, low impact
stormwater system, wetland preservation, extensive landscaping, and top quality, exterior image and
finishes all within an area of the city targeted for revitalization.
In summary, the developers are excited to be able to propose Red Pine Crossing as a quality and
productive mixed-use development within the fabric of the City of Eagan, a vital and enjoyable
community in which to live and work. We believe this project can enhance this gateway to the city both
visually and through the products and services that will be available to the people of this section of the
city.
E;\PROJECTS\05018\CITY REVIEW (SITE. CUP)\PROJECT NARRATIVEAOC
iai
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, 'MN 55124-7580 (952) 431-4433
Red Pine Crossing —Signage Guidelines:
Version Date: December 21, 2005
General Intent:
The guidelines for signage for all buildings within this development is intended to add to the overall
project image by providing a similarity for signage style, maximum letter size, _and placement within
each fagade. .
City of Eagan Signage Ordinance & Permit:
Each tenant shall be responsible for reviewing and meeting all requirements of the current Signage
Ordinances for the City of Eagan unless the ordinance is specifically modified by the approved
Planned Development version of the Red Pine Crossing —Signage Guidelines. Each tenant shall
obtain a signage permit from the City of Eagan prior to installing any signage.
Building'Management Review:
Each tenant shall submit signage plans and specifications to the building management for review and
approval prior to ordering or installing any signage. Any sign that does not receive prior approval
shall be removed at the tenant's sole expense. Review and approval by the building management
does not release the tenant from meeting these guidelines nor from obtaining a sign permit from the
City of Eagan.
Building Mounted Signage:
The following guidelines apply to all building mounted tenant signage:
1. Sign Type: All signage to be individual letter, channel typeface illuminated signs. Letters to
be 4" deep and constructed with 1" edge trim unless the letter size dictates a 2" trim.
2. Logos or Images: Branded logos or tenant specific images may be included as part of the
building mounted sign subject to building management approval and shall also be of channel
type construction.
3. Lighting: The tenant name portion of the sign shall be backlit. Logos or images may or may
not be backlit at the tenant's option. Lighting shall not flash or be distracting in any manner
as determined solely by the building management.
4. Light Source: All backlit exterior signage to use LED light source, no neon lighting allowed.
5. Maximum Letter Height (All Buildings unless noted otherwise): The maximum letter vertical
dimension shall be no greater than 30" overall. Lower case letters with dropped type shall not
extend below the 30" maximum area.
6. Maximum .Logo or Image Height (Buildings C — Anchor only): The signage for the anchor
portions of Building C shall be of any height that will be contained within the signage area
shown on the attached details.
7. Maximum Signage Width: The building mounted tenant sign shall not exceed the width
P:\PROJECTS\2005\050I8\TEXT\CITY REVIEW (SITE. CUP)\SIGNAGE V2.DOC Page 1 of 4
RECEIVED N—C 21.2005
shown in Detail Sheets SD1 through SD5 depending on building location. Signage shall be .
centered over entry door or within allowable signage area if not at an entry. All signage must
remain on the brick or cast stone surface and provide a minimum l'-0" horizontal buffer to .
other building elements.
8. Signage Height from Floor: The signage shall be placed within the bands indicated for letters
and for logos as shown in Detail Sheets SDI. through SD5.
9. Signage Location: Each tenant shall provide a sign in the band directly above their main
entrance door, unless indicated otherwise in the Detail Sheets. Tenants in Buildings A and B
shall in addition provide a second sign along the back, or end for end cap leases, within the
section of the building which they lease and within the space indicated for signage. Except
for the Building C Anchor tenant, no tenant shall be allotted more than two exterior building
mounted signs.
10. Signage Attachment and Conduit Routes: All signs shall be installed and wired by an
experienced signage company hired by the tenant. All signs shall be attached into the brick or
cast stone surfaces with masonry anchors connecting at mortar joints where possible and in a
manor to minimize damage to the building wall system. Conduit shall be placed in holes
drilled through the masonry veneer and backup wall system connecting to junction boxes
within the interior of the tenant space. All conduits shall be sealed with caulking at both the
masonry veneer face placed from the outside and the exterior .face of the backup wall placed
from the inside through the junction box opening in a manor to maintain the moisture barrier
integrity of the wall system.
11. Signage Maintenance: The tenant shall maintain their signage to be new in appearance and
oeration.
12.S I ignage Removal and Building Patching: Signs shall be removed by the tenant when their
lease is expired or prior to placing new signage approved as noted above. Patching of the
brick and stone veneers shall be provided by the building management's selected contractor at
the tenant's sole expense. The tenant shall provide a minimum of two week's notice to the
building management for sign removal and coordinate scheduling of sign replacements such
that patching. can occur prior to installing the new sign. Signs not removed at the end of a
tenant's lease shall be removed by the building management at the tenant's sole expense.
Main Development Identification Sign:
The building management shall provide a project identification sign structure and internally lit
cabinet along Highway I This sign will label the overall center name and will provide the
opportunity for multiple individual tenant sign sections. These following guidelines apply to all
tenant signage on the main development identification sign:
1.. Signage System: The building management shall provide an internally lit cabinet sign system
on three sides of the identification sign. The cabinet system shall remain the property of the
building management. This cabinet shall be divided into full width units of equal height as
shown on Detail SD6.
2. Leasing of Signage Units: All signage units will be leased based on the current rates,
escalations, and terms set by the building management at the time of the tenant's lease. A
tenant at time of leasing may choose to not exercise their signage lease option or to
PAPROJECTS12005\05018WEXMITY REVIEW (SITE, CUP)\SIGNAGE V2.DOC
Page 2 of 4
downgrade their signage option to a lower priority level.
3. Priority Listing for Signage on Main Development Sign: The building management shall
maintain a current listing of tenants in the order of their main development identification
signage priority. The opportunity for, tenant's graphics to be placed on this sign shall be
allotted a priority based on the criteria shown in Item 4 below in the order indicated. Signage
units will be allotted starting from the highest priority tenant, proceeding in order down the
list until all sign units have been leased. The remaining tenants shall be considered to be on a
waiting list. Any ties in Priority Listing rating levels shall go to the tenant with the longest
remaining building lease. During the initial leasing of these signage units, priority will also
be assigned based on the date of building lease execution.
4. Tenant Priority Criteria and Lease Period:
a. Priority 1: The main Building C Anchor Tenant shall have the option to lease the top
two units of all three sign sides. The signage lease may extend the length of the
tenant's building lease'including extensions.
b. Priority 2: Any tenant leasing 6,000 square feet or greater of rentable floor area shall
have the option to lease one. unit of all three sign sides. Additionally within this
category, tenants with the greater leased floor area shall have priority over those with
less leased floor area. The signage lease may extend the length of the tenant's
building lease without extensions.
c. Priority 3: Any tenant leasing at least 3,000 square feet but less than 6,000 square feet
of rentable floor area shall have the option to lease one unit of all three sign sides.
Additionally within this category, tenants with the greater leased floor area shall have
priority over those with less leased floor area. The maximum signage lease term shall
be the end of the tenant's building lease or two (2) years, whichever is less.
d. Priority 4: Any tenant leasing less than 3,000 square feet of rentable floor area shall
have the option to lease one unit of all three sign sides. Additionally within this
category, tenants with the greater leased floor area shall have priority over those with
less leased floor area. The maximum signage lease term shall be the end of the
tenant's building lease or one (1) year, whichever is less.
5. Reassignment of Signage Units: Signage units shall revert to the Priority Listing to be re-
evaluated at the end of a tenant's signage lease without the option for a signage lease
extension except for Priority 1 leases noted above. The building management shall update the
Priority Listing at least quarterly, providing tenants the option to upgrade. or lease any
available signage units based on the current Priority Listing ratings. Tenants may release their
existing signage unit only if they receive the opportunity through the Priority Listing process.
6. Signage Unit Graphics: The face panels for the signage units shall be provided by the
building management's selected contractor at the tenant's sole expense. The panel shall be of
white translucent material. All signage graphic artwork shall be provided by the tenant for the
contractor's use in manufacturing the panel. All signage shall be presented to the building
management for review as previously noted.
PAPROJECTS\2005S050IB\TEXT\Cm REVIEW (srre, CUP)\.SIGNAOE VT DOC Page 3 of 4
Development Entry Identification Signs:
The building management shall provide Entry Identification ground signs at each development entry
from a public street. No tenant signage will be allowed on these entry signs.
Temporary Tenant Signage:
Temporary Exterior Signage is not permitted by the tenant.
Floating, Ground or Roof Mounted Signage and Obiects
Floating, ground or roof mounted signage or marketing objects of any type are not permitted by the
tenant.
Exterior Seasonal Decorations:
In order to maintain a uniformity of appearance within the development, exterior seasonal
decorations are not permitted by the tenant but may be provided by the building management in their
sole determination of the appropriate locations and extent.
P:IPROJECfSM.051050IS\TEXTICITY REVIEW (SITE, CUP)\SIGNAGE V2.DOC Page 4 of 4
Agenda Memo
April 4, 2006 Eagan City Council Meeting
E. PROJECT 929 RED PINE LANE/ RED PINE CROSSING
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the petition and authorize the preparation of
a Feasibility Report by the City Engineer for Project 929 (Red Pine Lane/ Red Pine
Crossing - Street & Utility Improvements).
FACTS:
• Red Pine Crossing is a preliminary subdivision, rezoning, and planned development
application submitted by Revestors, Inc. on approximately 10 acres in the southeast
corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing
proposes commercial development consisting of general retail, grocery, and banking
uses.
• Consideration of the development of Red Pine Crossing is also scheduled for .
consideration at the April 4 Council meeting.
• The development is estimated to generate approximately 4,500 new daily vehicle trips
on Red Pine Lane with full build -out.
• City staff has identified improvements to Red Pine Lane necessary to accommodate
this additional traffic; and the ultimate development and re -development of the area.
A proposed condition of preliminary subdivision approval requires the developer of
Red Pine Crossing to be responsible for improvements to Red Pine Lane.
• Another proposed condition of approval requires the developer to extend a sanitary
sewer across the development for use by the development and future use by
properties to the south and east of the development.
• On March 27, 2006, City staff received.a petition from Revestors, Inc., requesting the
preparation of a Feasibility Report for the improvements to Red Pine Lane, and the
extension of sanitary sewer across the development.
s If the preliminary .conditions of subdivision approval for the Red Pine Crossing
development are approved, it would be appropriate for the City Council to receive
this petition and authorize the preparation of a Feasibility Report for this project to
determine the scope, cost, schedule, and method of financing for the construction of
these public improvements.
ATTACHMENTS:
• Petition, pages Iql through .
FOR CITY USE ONLY
Project No.9
Date Received (D2 _ a 7 --G
Presented to Council
NC- 1,4-X)t;
I/We, theundersigned, owners of the real property adjacent to t'EA-2 N � Subdivision,
(Street) or within
hereby petition for:
Street Improvements
Sanitary Sewer
Water Supply
Storm Sewer
Street Lights
Other (Explain)
I//We understand that this petition does not in itself request the installation of these improvements but, rather,
request the preparation of a. feasibility report in which the estimated costs of these improvements will be
tabulated. I/We understand that upon receipt of this petition and the preparation.. of the requested feasibility
report, a public hearing will be held at which time we may voice our support or oposition based on the costs
as prepared in said feasibility report.
If the requested improvements are denied for construction at the time of public hearing, I/We hereby
guarantee payment for all costs incurred in the preparation of this feasibility report.
Signature of Land Owner
Address of Property
1.
2.
I/We hereby waive our rights to the public hearing and' request that detail plans and specifications be
prepared simultaneously and also guarantee their respective costs if the project -is not awarded.
(Signature)
WFORMS/PETITION/Feasibility Report (Dev.)
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
RED PINE CROSSING - PUBLIC IMPROVEMENT PETITION NARRATIVE:
March 27, 2006
The Property Owners for the Red Pine Crossing development, Revestor Group 4, LLC., respectfully
petition the City of Eagan for the following public facility improvements to the streets and sanitary
sewer line serving our property and the surrounding neighborhood.
First, we request the improvement of the addition of a sanitary sewer line that connects the current
sewer line at the corner of Biscayne and Gun Club Road to the manhole downhill at the SE corner of
Red Pine Lane and Highway 3. As we understand, this line is in accordance with the City
Comprehensive Sewer Plan (2000).
Secondly, we request several improvements to Red Pine Lane including the following items if
deemed necessary by the City to meet the traffic needs of this intersection:
1. Provide an eastbound right turn lane on Red Pine Lane entering the new development.
2. Revise the signal programming on Highway 3 and Red Pine Lane as recommended by
MnDOT.
3. Add an extended left turn lane on westbound Red Pine Lane.
4. If needed, the addition of a right turn lane on westbound Red Pine Lane along with the
necessary right of way acquisition, railroad crossing and "signal revision, and physical
revision to the traffic signal required by this lane.
We feel that the above sewer and street upgrades are needed to.meet the needs of this growing portion of
the City of Eagan and to appropriately provide public service to our property and the adjacent
neighborhoods.
PAPROJECTS\2005\0501 B\TEX-RCITY REVIEW (SITE, CUP)\PUBLIC IMPROVEMENT PETITION.DOC
IN
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
F. CONDITIONAL USE PERMIT — CITY OF EAGAN COMMUNITY CENTER
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a pylon sign
subject to the conditions in the APC Minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED
message center to allow for announcement of events and programs at the Eagan
Community Center.
➢ The applicant is proposing the existing monument sign be removed, and the pylon be
placed in the same location, perpendicular to Pilot Knob Road.
➢ The proposal appears to satisfy the Sign Ordinance bulk standards for pylon signs, and.
appears compatible for the proposed location.
➢ The Sign Code does not allow text copy with moving sections or intermittent or flashing
lights, except for intermittent display of time and temperature. Therefore, it is proposed
the LED text copy shall not change more than twice per day to allow for display of
messages pertaining to both daytime and evening events.
➢ The APC held a Public Hearing on March 28, 2006 and are recommending approval of
the CUP.
60 DAY AGENCY ACTION DEADLINE: (April 10, 2006)
ATTACHMENTS (2):
Draft Advisory Planning Co s' n Minutes ages�"v
Planning Staff Report on pages through
March 28, 2006 Advisory Planning Commission Minutes
Page 18
G Community Center
Applicant Name: City of Eagan
Location: 1501 Central Parkway; Lot 1, Block 1, Eagan Central Park
Application: Conditional Use Permit
A Conditional Use Permit to allow a monument sign.
File Number: 09 -CU -01-02-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 1, 2006. He noted the background and history. He stated the sign
base material will match the limestone on the existing sign and Community Center building.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public he and turned the discussion
back to the Commission.
Member Gladhill stated concern with the changing-messace An settin .� ecedent. He
recommended a larger identification sign at the existinc�n on Pilot end the reader -
board sign nearer the Community Center building.
Chair Heyl stated the message should be changers t%
allow for the identification of more than one event on
Member Chavez moved, Member Bend
Conditional Use Permit for a 10' tall an
1501 Central Parkway, (Lot 1 Block 1 Ee
the following conditions as amended:
1, - This Conditional
approval by the
2. An administraW
pylon sign.
3. The existing mo
4. The py
5. :-
6. ' TCL
7. The
8. The
sign shal
sign shall
Oxt COPY
&t. copy
except for In
IN
9. The pylon sign
10. The limestone
II be
direct
necessary.
and to
ed a motion td4ggornmend approval of a
quare foot pylonVb;0 qn property located at
mark) in the 4 of Section 9 subject to
at Dakowbounty within 60 days of
be obtained from the City prior to installation of the
jtb&�movej prior to installation of the pylon sign.
t Il ffl monument sign location, approximately 220'
icated on the site plan with a modification date of July 12,
etba& nimum of 10' from all property lines.
:xceect;' in height or 109 square feet in area.
of change more than twice per day.
of contain moving sections or intermittent or flashing lights,
,play of time and temperature.
ply with all Sign Code requirements.
be the same as the present sign.
Member Gladhill stated he will vote against because of the changing reader board.
Chair Heyl agreed with Member Gladhill that, perhaps, a larger sign should be installed at the
present location a er thelCommuni n Centerwith the area and that the new entrance off of Central Parkway1nvote was taken.
oard
sign be placed near Community
Aye: Members Bendt,. Hansen, Chavez, and Dugan.
Nay: Chair Heyl and Member Gladhill.
Motion carried 4-2.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 1, 2006
APPLICANT: City of Eagan
PROPERTY OWNER: City of Eagan
REQUEST: Conditional Use Permit
LOCATION: 1501 Central.Parkway
COMPREHENSIVE PLAN: SA, Special Area
ZONING: P, Park
SUMMARY OF REQUEST
CASE: 09 -CU -01-02-06
HEARING DATE: March 28, 2006
APPLICATION DATE: February 9, 2006
PREPARED BY: Mary Granley
The applicant is requesting approval of a Conditional Use Permit to allow a 10' high, 109
square f6ot pylon sign at 1501 Central Parkway in the SE'/< of Section 9.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 1!. 50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives, of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
zol
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion,or interfere with traffic on surrounding public streets.
7. * Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever ciated with these uses,
tions they deem
to protect the value
necessary to mitigate anticipated adverse impacts as
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet
in area per side with approval of a Conditional Use Permit.
BACKGROUND/HISTORY
The Eagan Central Park development was platted in 2003. ,The existing monument sign was
permitted and constructed in 2003.
EXISTING CONDITIONS
The Eagan Central Park entrance located at the
intersection of Pilot Knob Road and Central
Parkway,. features a curved wrought iron fence
supported by five brick pillars on the northwest
corner of the intersection. A "Lone Oak" tree
adorns the fence to welcome guests to the
entrance of the site.
There is an existing 6'-3" non -illuminated
monument sign located approximately 200' north
of the intersection.
202
SURROUNDING USES
The site has research and development uses to the north and south, and town home and multiple
residential uses to the east and west.
EVALUATION OF REQUEST
The applicant is proposing the pylon be placed in the same location as the existing monument
sign, perpendicular to Pilot Knob Road, to afford easy viewing by both north and south -bound
traffic.
According to the applicant, the existing monument sign does not allow for promotion of events
and programs at the Community Center. The, applicant states that events continue to increase in
popularity and number, and are scheduled on a daily basis throughout the year. Many events are
paid, private reservations, while others are public functions. To make possible the ability to post
related announcements concerning the events and programs at a highly visible location via LED
message board would add efficiency to the operation of the Community Center, provide a
convenience for patrons and residents and reduce the placement of off -premise signs along .the
streets.
BULK STANDARDS/DESIGN
all City Code bulk standards for spacing, size; setbacks and height.
The proposed sign meets
The applicant is proposing a double-faced pylon, 10' in height, 108:5 square feet in area and
setback a minimum of 10' from all property lines in keeping with City Code requirements. The
main (upper) portion of the sign would measure 59.5 square feet in area. The main portion of the
sign would be internally -lit and contain the new City of Eagan logo placed alongside text
indicating the "Eagan Community Center Central Park" location.
The lower portion of the sign would contain an LED message board measuring 49 square feet in
area, which would be subordinate to the main portion of the sign. The three -line LED message
board would be contained within analuminum cabinet, and would provide three -lines of 9" text
in a red -color to allow for easy -to -read nighttime viewing. The LED text would be changed by
City staff via a modem connection, and the applicant proposes text changes twice per day to
allow for display of messages pertaining to both daytime and evening events.
A masonry brick would be used for the construction of the 2 -foot high sign base, and would be
enhanced with a modular block planter surrounding the bottom of the sign. The plantings will be
consistent with other plant varieties ' sed throughout the park site; and will visually support the
vertical surfaces of the sign.
zoz>
SUMMARY/CONCLUSION
The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED message center
to allow for announcement of events and programs at the Eagan Community Center.
The proposal appears to satisfy bulk standards for pylon signs in the Sign Ordinance. The
proposed sign also appears compatible at the proposed location, specifically, and this area of the
City, generally.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for a 10' tall and 109 square foot pylon
sign on property located at 1501 Central Parkway, (Lot 1 Block 1 Eagan Central Park) in the SE
'/4 of Section 9.
If approved, the following conditions should apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. An administrative Sign Permit shall be obtained from the City prior to.installation of the
pylon sign.
3. The existing monument sign shall be removed prior to installation of the pylon sign.
4. The pylon sign shall be placed at the current monument sign location, approximately
220' north of Central Parkway; as;indicated on the site plan with a modification date of July
12, 2005.
5. The pylon sign shall be setback a minimum of 10' from all property lines.
6. The pylon sign shall not exceed 10' in height or 109 square feet in area.
7. The LED text copy shall not change more than twice per day.
8. The LED text copy shall not contain moving sections or intermittent or flashing lights, except
for intermittent display of time and temperature.
9. The pylon sign shall comply with all Sign Code requirements.
7.o4
a
Location Map
it.
Mla
MJ
I q / — I I P I . w - — . -- - , ,
1000 D 1000 200D Feet
Development/Developer: City of Eagan Community. Center
Application: Conditional Use Permit
Case No.: '09 -CU -01-02-06
N
Map Preparedusing EPSI A,,View 5.1. Parcel base map data provided
by Dakota County OMce of GIS and is current as of April 2005•
49111, p W fi
�lt�DI �i �Q� THIS MAP IS INTENDED FOR REFERENCE USE ONLY Im
U14 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Wmmnnity,DevNopment Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning. Map
Current Zoning:
P
Park
I- o eoo uo1) F«t
Comprehensive Guide Plan
Land Use Map
Current Land Use Designation:
SA
Special Area/Park and
Recreational Open Space
BD1) 1) w 1201) FM
D RD
Location
I P
I SA
R
Community Center
Conditional Use Permit
09 -CU -01-02-06
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5.
Zoning IMennatlon maintained b)Cky Stag
it*
W E
Olf q q EQ�QIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY S
The City of Eagan.and Dakota County do not guarantee the ace -racy of this Information.
FA HT
I- ri
j
Alm - Coy of Eagan 1/18/06
DESIGN • FABRICATION ♦ INSTALUPION 0 SERVICE
51 G N SYSTEMS INC -
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CENTRAL PARK READER BOARD
CONDITIONAL USE PERMIT
NARRATIVE
The City of Eagan is proposing the installation of a 10' x 14' pylon sign with a two sided
electronic reader board. Said sign is to be located on City owned property addressed as
1501 Central Parkway. The City property is bounded on the east by Pilot Knob Road.
The proposed sign would replace the existing two sided monument sign and be
positioned perpendicular to Pilot Knob Road so as to be visible by north and south bound
Pilot Knob traffic. Due to the 10' height of the sign, it is necessary to request a
Conditional Use Permit.
The proposed sign will replace the existing, static, monument sign that identifies the
property as Central Park. The proposed sign would be a multi -panel design that would
continue to identify the property as Central Park but also allow for the promotion of
events and programs scheduled at the near by Eagan Community Center, also located
within Central Park, via a two side electronic reader board. Events and programs at the
Community Center continue to increase in popularity and number and are now scheduled
on a daily basis throughout the year. Many are paid, private reservations, while others are
public functions. Having the ability to make xelated announcements at a highly visible
location would add efficiency to the operation be a convenience for patrons and residents.
The reader board would contain three horizontal text lines of 9" characters and be
controlled by City staff via a modem connection. The cabinet will be steel clad with an
aluminum facing into which the letters and City logo have been cut. The sign will be
internally lit thereby reducing the potential for glare that may hinder passing drivers. A
modular block planter will surround the bottom of the sign. The plantings will be
consistent with others located on the site and aid in visually "grounding" the vertical
surfaces of the sign. Because the new sign will be located in essentially the seine location
as the existing sign, minimal disturbance of the site will be necessary.
*% II'l h1 A.D D ATI\/G
L
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
APRIL 4, 2006
A. CALL TO ORDER
B. ADOPT AGENDA
PC. APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
P U5 1. SOUTHEAST EAGAN — Receive Substandard Condition Report and
Request for Consideration of the Creation of Renewal and Renovation Tax
Increment Financing District for a Portion of the Area Bounded by Hwy 3,
Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan
and Request that the City Council Call for a Public Hearing
P 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to
Enter into Negotiations for the Potential Acquisition of the Steve Martin
Property (Former Child Care Center), 3990 Sibley Memorial Highway
F. OTHER BUSINESS
G. ADJOURNMENT
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 49 2006
NOTICE OF CONCURRENT ACTIONS
The Council acting as the Board of Commissioners of the Economic
Development Authority ("EDA") may discuss and act on the agenda items
for the EDA in conjunction with its actions as a Council..
A. CALL TO ORDER
ACTION TO BE CONSIDERED:
To convene a meeting of. the Economic Development Authority to run concurrent
with the City Council meeting.
B. ADOPT AGENDA
ACTION TO BE CONSIDERED:
To adopt the agenda as presented or modified.
C. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the March 219, 2006 EDA meeting as presented or
modified.
ATTACHMENTS:
s �'
• Minutes of the March 21, 2006 EDA meeting on page.�-�4 �'% •
212
MINUTES OFA MEETING OF THE '
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 21, 2006
A meeting of the Eagan Economic Development Authority was held on Monday, March
21, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner
Fields, Commissioner Tilley, and Commissioner Maguire. Also present were Executive
Director Hedges, Community Development Director Hohenstein, City Planner Ridley,
Director of Public Works Colbert, and City Attorney Dougherty.
ADOPT AGENDA
Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
APPROVE MINUTES
Commissioner Tilley moved, Commissioner Maguire seconded a motion to adopt a
resolution approving the minutes of the March 6, 2006 meeting as presented.
Aye: 4 Nay: 0
There were no items.
OLD BUSINESS
NEW BUSINESS
CEDAR GROVE REDEVELOPMENTUSE OF EMINENT DOMAIN TO ACQUIRETO
CONSIDER THE �
CEDARVALE MALL AT THE REQUEST OF ITS OWNER
Community Development Director Hohenstein discussed the proposed use of eminent
domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties.
President Geagan opened the public hearing.
Daniel Beeson, attorney representing John VanderAarde, owner of Grand Slam Sports
presented a letter to the EDA expressing opposition to the City exercising the power of
eminent domain to acquire Grand Slam's leasehold interests.
Don May, President of Lifespan, discussed the need for a timeline in regard to when the
school would have to be relocated and if the current lease would have to honored.
2�3
There being no further public comment, President Geagan closed the public hearing and
turned discussion back to the Council.
It was agreed that moving forward with the eminent domain process would provide
answers to some of the tenants of the building.
Commissioner Maguire moved, Commissioner Tilley seconded a motion to direct. the
preparation of Findings of Fact to approve the use of eminent domain to acquire the
Cedarvale Mall at the request IF Development Agref its owner, Cedar ement between the City and Schafer
ove Properties, as outlined in the
Cedar Grove Redevelopment T
Richardson. Aye: 4 Nay: 0
There was no other business.
OTHER BUSINESS
ADJOURNMENT
Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the
meeting at 8:45 p.m. Aye: 5 Nay: 0
Date
z0A
Deputy City Clerk
Agenda Memo
Eagan Economic Development Authority Meeting
April 4, 2006 -
1. SOUTHEAST EAGAN — RECEIVE SUBSTANDARD CONDITION
REPORT AND REQUEST FOR CONSIDERATION OF THE CREATION,
OF RENEWAL AND RENOVATION TAX INCREMENT FINANCING
DISTRICT FOR A PORTION OF THE AREA BOUNDED BY HWY 3,
RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD IN
SOUTHEAST EAGAN AND REQUEST THAT THE CITY COUNCIL
CALL FOR A PUBLIC HEARING
ACTION TO BE CONSIDERED: To receive the substandard condition report and
request from Revestors Realty for consideration of the creation of Renewal and
Renovation Tax Increment Financing District for a portion of the area bounded by Hwy
3, Red Pine Lane, Biscayne Avenue and Gun Club Road in southeast Eagan and request
that the City Council call for a public hearing,
FACTS:
• The City entered into a predevelopment agreement with Revestors and Manley
Development to study the possibility of creating a redevelopment district in the
southeast area of Eagan at the southeast corner of Hwy 3 and Red Pine Lane. The
purpose of the agreement was to encourage the developers to identify a
masterplan approach to the property and to review the 'substandard conditions and
financial assumptions associated with the potential creation of a redevelopment
district to encourage the development of the property and the redevelopment of
parcels that are non -conforming, with the current guide and zoning designations
for the area.
• The parties have worked together to prepare the necessary plans and analysis and
it has been determined through a Substandard Conditions Study by LHB
Associates that the area could qualify as a Renewal and Renovation District under
the TIF statute, if the EDA and City Council make appropriate findings to that
effect.
• Manley Development owns a portion of the site that would lie outside of the .
Renovation and Renewal District, but Revestors owns a portion of the property
that meets the substandard qualifications and, as a part of its development
proposal for the former Oberg property, the company has prepared a prospective
masterplan for the development of the remainder of the site described to illustrate
how the currently proposed portion of the Red Pine development could extend by
phases into the remainder -of the prospective District.
• Revestors has submitted a request for the City to consider creation of a
Renovation and Renewal TIF District and to consider the use of proceeds for such
a district to assist with extraordinary costs associated with the prospective
215
development and redevelopment. In order to consider such an action, the City
Council will need to schedule and hold a public hearing for that purpose. The
action before the EDA is to accept the request and the Substandard Conditions
Report and request that the City Council, at its next meeting, consider scheduling
a public hearing for that purpose.
ATTACHMENTS:
• Request letter on page _Zn—
• Schedule of events on page
• Resolution calling for a public hearing on pagej- L
• Enclosed without page number is the LHB Substandard Conditions Report
will t be 1•nCILt dIL-� n al�l'� z' /ne,�o
C .
on MonolQy.�
2j6
REALTY
(,.::. U n t y P, o c d 41 � 'Uti e S i 5 w, � a .. '300
Cl ^I 95 t:
t' .F?SIenii,a1: 952.895 8';32
March 24, 2006
]on Hoenstlen
Community Development Director
City of •Eagan
3830 Pilot Knob Road
Eagan, MN 55122
E3ur'r'iSviil imr,J 55337
, 8 9r;1G.(;J9.7.� ..
`''� � "r_1C;;f?lii.s CYC^ 891- 61t;}`10
Re: Request for tax increment assistance
Dear Mr. Hoenstlen,
We are requesting tax increment assistance toward the renewal of our
property located on the Southeast corner of Highway 3 and Red Pine
Lane. As previously reviewed, we have established a gap caused by
redevelopment issues as well as valid redevelopment casts, In the
amount of $330,0001 to be reimbursed by tax increment. Please
initiate the process of creating a TIF District, and work to complete it
as expeditiously as possible so we can plan accordingly.
Do not hesitate to contact me if you have any, questions.
Best regards,
Tim Anderson
612-616-2111
timOrevestors.com . �"�
SCHEDULE OF EVENTS
EAGLOPMENT AUTHORITY
AN ETCHE CITY OF EEC`AGAN CITY COUNCIL
FOR R SOUTHEAST EEAAGAN DENT OF VELDEVELOPMENT OPMENT DISTRICT NO. PROGRAM
AND THE
ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. —
(For the proposed Red Pine Crossing Redevelopment Project)
(a renewal and renovation district)
Fall 2005 LHB reviews property and completes building inspections and blight analysis.
March, 2006 City provides LBH direction to complete building inspection and blight analysis report.
March 30, 2006 LHB completes building inspection and blight analysis report.
April 4, 2006 EDA receives LHB's report and requests that the City. Council call for a public hearing.
April 7, 2006 Project information (property identification numbers and legal descriptions,
detailed project
description, maps, buttfor statement, and list of sources and uses of funds) for drafting necessary
documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether
building permits have been issued on the property to be included in the TIF District.
April 18, 2006 City Council meets at r So thea Eagan nd calls
Develo public
meent District No. 1 on and the Establishmentf
e establishment of the
Development Program for Southeast g P
Tax Increment Financing District No.
April 21, 2006 Project information and a copy of the Plan submittedt o thewill myax Board
fo Aprireview l 19, 200 ] of county
road
impacts (at least 45 days prior to public hearing). [ f
April 25, 2006 Planning Commission meetsat 6:30 p.m. and reviews Plans to determine if they are in compliance
with City's comprehensive plan.
May 5, 2006 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days
prior to, public hearing). [Ehlers will fax & mail by May 3, 2006]
May 16, 2006 EDA considers the Plans.
May 20, 2006 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to
hearing)., [Ehlers will e-mail to 77iisweek Eagan by May 16, 2006.1
June 6, 2006 City Council holds public hearingat6:30 No. lon the and the Establishment nt oent of f Tax Increment Finanment cing
for Southeast Eagan Development
District No. , and passes resolution approving the TIF District. [Ehlers will e-mail Council
packet information by May 31, 2006]
2006 City authorizes Ehlers to request certification of the TIF District.
2006 Ehlers & Associates requests certification of the TIF District from the state and county.
The oBoardcould
County
tyty Board, by , has 45 dreaysi toreview the
shouldbebe used for line If a y county roads will be impacted by the development Please be aware
that the
An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be
commenced within the later of:
(1)18o days after the municipality's approval under section 469.175, subdivision 3; or
(2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1.
E
HLERS
ETES ING
6 A880C1
EAGAN ECONOMIC DEVELOPMTNT AUTHORITY
CITY OF EAGAN
DAKOTA COUNTY, STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION REQUESTING TEE CITY COUNCIL OF THE CITY OF EAGAN CALLYOR
A PUBLIC HEARING ON THE ESTABLISHMENT OF SOUTHEAST EAGAN
DEVELOPMENT DISTRICT NO. I AND THE ESTABLISHMENT OF A TAX INCREMENT
FINANCING DISTRICT FOR THE RED PINE CROSSING PROJECT (A RENEWAL AND
RENOVATION DISTRICT).
BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Eagan Economic Development
Authority, Minnesota (the "EDA") as follows:
WHEREAS, the EDA is proposing to establish Southeast Eagan Development District No. 1 and a tax
increment financing district for the Red Pine Crossing project, pursuant to, and in accordance with, Minnesota
Statutes, Sections 469.174 to 469.1799 and Sections 469.090 through 469.1082, inclusive, as amended, in an
effort to encourage the development and redevelopment of certain designated areas within the City;
NOW, THEREFORE BE IT RESOLVED by the Board *as follows:
1. The FDA hereby requests that the Council call for a public hearing on June 6, 2006 to consider the proposed
adoption of a Development Program for Southeast Eagan Development District No. 1 and the proposed
adoption of a Tax Increment Financing Plan for the Red Pine Crossing proj ect (collectively, the "Program and
Plan") and cause notice of said public hearing to be, given as required by law.
2. The EDA directs the Executive Director to transmit copies of the Program and Plan to the Planning
Commission of the City and requests the Planning Commission's written opinion indicating whether the
proposed Program and Plan are in accordance with the Comprehensive Plan of the City, prior to the date of
the public hearing.
3. The Executive Director of the EDA is hereby directed to submit a copy of the Program and Plan to the
Council for its approval.
to the
4. The EDA directs the Executive Director District for the Rransmit the � Pine Croand ssing proj ec�s located not later
ty and the school
district(s) in which Tax Increment Financing
than May 5, 2006.
5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Program and Plan
and related documents and to undertake other actions necessary to bring the Program and Plan before the
Council.
Approved by the Board on April 4, 2006
Chair
ATTEST:
Agenda Memo
Eagan Economic Development Authority Meeting
April 412006
2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH
THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION
OF STEVE MARTIN PROPERTY (FORMER CHILD CARE
CENTER). 3990 SIBLEY MEMORIAL HIGHWAY
ACTION TO BE CONSIDERED: To authorize negotiations for the possible
acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley
Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes
FACTS:
• The City has taken steps to bring about the redevelopment of the Cedar Grove
Redevelopment Area, including public improvements, environmental reviews,
comprehensive plan and zoning modifications and the execution of development
agreements that are resulting in the construction of new private development
consistent with the City's plans. At the present time, the,City is working with
Ryland and Schafer Richardson as the master developer, of the core
redevelopment area to initiate the next ,phases of the redevelopment.
• While most property acquisitions in the past have been in anticipation of a
specific redevelopment plan for a portion of the area, the City has also considered
the voluntary acquisition of properties in which there is a willing seller.
• The City has been approached by Steve Martin, owner of the former child care
center property at 3990 Sibley Memorial Highway.
• Staff is requesting authorization from the EDA and City Council to enter into
negotiations with Mr. Martin to purchase the property.
ATTACHMENTS:
• Request letter on page �—
I
i
f
Jon Hohenstein
Community Development Director
3830 Pilot Knob Road
Eagan, MN 55122
Dear Jon,
March 21, 2006
Thank you for taking the time to meet with me last Friday.
I found the information shared by Bob Bauer and you interesting and
informative.
I visited with my wife this past weekend regarding her
interest in our entering negotiations with the City of Eagan. She and I
agreed that we would enter "good faith" negotiations regarding our
property in Eagan.
Therefore I am writing this letter to request the process for
property acquisition at 3990 Sibley Memorial Highway begin.
Thank you for your efforts.
cc: Bob Bauer
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 4, 2006
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED:
To adjourn the Economic Development Authority meeting.
SOUTHEAST EAGAN
Renewal and Renovation TIF District
SUMMARY SPREADSHEET
TIF
6nprowda
Survey Method
Sr. Ares
Cow Area of
Cow m9e
Cwamge
No. of
Building
16%of
Building Cade
Defk�cin
No. of
Buildings 20% of Mete 29%
No. of
buBdi
Meets Subd.
"toa.
Coda N.
P070 Ovmar
Pm pertyAddrass
Vaunt
Used
(SF.J
bnprovemanta
P—t of
bnprovwunts
lywnOty
Buildings
Raplaeamam
coat
R.Pbumant
Cost
(Wo Ener9Y
n
RspisumanI SWumndara
Eaeasding'15%
dafrmined
i
(1) (gU
(S.F-)
(SF.)
Code)
Cost Cdbria
Cdtarm
subatendard
Requirements
2
103180005001 Merrley Land DevNopment Co.
Unesatgned
Vaunt
No Building.
31,86
0
0%
0
3A
10036=2179 Rld Pkl EnlarpMes LLC
Uuntgned
Vacant
No BWkbV.
68.529
14,602
21%
68,529
0
103180004001 Manley Lend Gevalopment Co.
4841 Slowine Avenue
Vaunt
No BuOdngs
38,41
0
0%
0
-
5
103180003001 K"mM Ra Mellon
4861 SbuyneAvmme
Improved
No Buildhge
36,41
32,7110
.85%
3BA14
0
"
6
100360002279 INabrrr and Susan Sdgewk.
640 Gun Club Rued
InVMWd
Interior 8 Exterior
40,12
7,115
18%
40,12
1
$306,000
$45,900
572,210
1 561,200 Yes
1
1
7
103180002001 Theodore Wootl
4881 Bbuy-Avenue
Improved
Interior& Erderier
38,41
12,980
34%
38,41
1
$390,320
$58,548
$59,800
1 $78.064 No
0
1
8
103180001001 Demtlsand JBNyster
4895 Bbuyae Aw w
Impoved
Interior & Exterior
30
28,370
87%
30
1
$492,000
$73,800
SSTA20
1 $98,400 Yes
1
1
TOTALS
265,850
215,711
3
3
2
3
Total Coverage Pence
75.5%
Percent of buildings
exceeding 15 percent
code deficiency threshold
100%
Percent of buidings determined substandard
67%
Percent of buildings meeting Subd.10a. (1) (III) Requirements
100%
MA05Praj1050393L WV4Renwud TIF Summery Spreadsheet 3JOO6ads1Roperly brio
LHB Project No. 050349.10 Page 1 Updated 3/31/2006
REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Southeast Eagan
TIF District
Eagan, Minnesota
LHB Project No. 050393.10
March 31, 2006
Prepared For The
City of Eagan
Prcparcd by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
TABLE OF CONTENTS
Page_
PART 1 Executive Summary...............................................................................3
Purpose of Evaluation.................................................................3
Scopeof Work...........................................................................3
Conclusion.................................................................................4
PART 2 Minnesota Statute 469..174, Subdivision I Oa Requirements .................4
PART 3 Procedures Followed..............................................................................6
PART4 Findings..................................................................................................6
A. Coverage Test......................:.....................................................6
B. Condition of Building Test........................................................8
1. Replacement Cost................................................................8
2. Code Deficiencies.......................:........................................8
3. System Condition Deficiencies............................................9
C. Distribution of Substandard Structures....................................1 I
PART5 Team Credentials.................................................................................12
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 2
PART 1— EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax
Increment Financing Renewal and Renovation District ("TIF District") proposed to be
established by the City. The proposed TIF District is located in the City of Eagan, in a general
area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and
Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the
proposed TIF District meets the statutory requirements for coverage, and whether three
buildings on seven parcels, located within the proposed TIF District, meet the qualifications
required for a Renewal and Renovation District.
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received anon-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LHB are located in Appendix B.
Page 3
�Fo
a
QNB
,y
LANE
fQ
:EEt,.
f4
lu
( 5 f -_4
„K/M�
4IV
,v�..
4
�
J
11-x!
UI
'
ir.�•ri!€IEEEiHI�EiEi!i€`:EIEEEE`;EIEEEIEEE(E'r.EEE�iEIIII
.1'
R €E E MEE iE R E ELIC
11(,
'T
I�I{{ v
(
q{[(MR
CLUB ROAD
,'stin`fiHt.EIMQMH
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received anon-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LHB are located in Appendix B.
Page 3
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District
qualifies as a Renewal and Renovation District.
The remainder of this report describes our process and findings in detail.
PART 2 — MINNESOTA STATUTE 469.174, SUBDIVISION 10a REOUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
"The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property..."
Exterior Inspection and Other Means
"An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the, building is structurally
substandard."
Documentation
"Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(l)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots"
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking lots unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots."
B. Condition of Buildings Test
..."and 20 percent of the buildings are, structurally substandard; and 30 percent of the
other buildings require substantial renovation or clearance to remove existing conditions
such as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
Page 4
buildings not suitable for improvement or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: "For purposes of this subdivision, `structurally
substandard' shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance."
Definition of Substantial Renovation
Because "Substantial renovation" can mean different things to different people, LHB
has attempted to clarify exactly what we consider to be "substantial renovation" as it
relates to Minnesota Statutes, Section 469.174, Subdivision 10(a) (1).
a. First we researched national standards as to how much building owners should
budget for annual maintenance and repair on their buildings as a percentage of
replacement cost of the building. ,
1. According to the University of California "Facilities Renewal Budget
Model" report of 1999, building owners should budget between two and
three percent of current replacement value of their buildings for maintenance
and repair work. This does not include routine janitorial work and routine
items such as changing light bulbs and filters.
2. According to the Building Research Board of the National Research Council,
one and one-half to three percent of a building's replacement value should be
budgeted for maintenance and repair.
b. Based on this information, LHB utilized two and one-half percent as the desired
amount of maintenance and repair that should be budgeted annually to keep a
building in good working condition. We recognize through experience that only
a small percentage of sophisticated building owners actually budget for and
spend this amount of money every year on maintenance and repair. This is
because most business owners are driven .by other budgetary issues and tend to
neglect the building maintenance and repair line items in their annual budgets.
c. By establishing how much a building owner. should be budgeting per year for
maintenance and repairs, LHB is of the opinion that we could more easily
establish an amount that would be considered "substantial" in comparison. If an
owner is budgeting 2.5 percent of the building's replacementcost annually, most
business owners or home owners would have to take out a loan to cover the cost
of a substantial building improvement. Assuming they had a fixed level of
income to work with, they would have to keep the loan payment at a level very
near the original 2.5 percent they should have been budgeting each year. In
Page 5
addition, they still would have to budget for the original 2.5 percent on top pf the
loan. In most cases, the mortgage terms would have to extend out to a point
beyond the life expectancy of the building they were trying to improve, as most
buildings built in the past fifty years are not designed to last beyond 40 years.
d. Based on the calculations described above, we have defined substantial
renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision
10(a)(1), as renovation with costs exceeding 20% of the building's replacement
value.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which states:
"A building is not structurally substandard if itis in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or structural repairs, or other similar reliable
evidence."
"Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence."
PART 3 — PROCEDURES FOLLOWED
A. LHB was able to schedule interior and exterior inspections for all three buildings in the
proposed TIF District. Inspections were conducted on October 13, 2005.
B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related
to the area including this proposed TIF District.
PART 4 FINDINGS
A. Coverage Test
1. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and -site verification.
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from City records, GIS mapping and site
verification.
Page 6
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was met. The total
square footage of parcels meeting the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 75.5 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities or
paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage
requirement for the proposed TIF District under Minnesota Statutes, Section 469.174,
Subdivision 10a (a) (1).
Diagram 2
Shaded area denotes area of parcels "improved" by
buildings, streets, utilities or paved drives or parking lots
Page 7
B. Condition of Building Test
1. Replacement Cost,
The first step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance is to determine its replacement cost.
This is the cost of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2005.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate median replacement cost, which factors in the
costs of construction in Eagan, Minnesota.
Replacement cost includes labor, materials, and the contractor's overhead and profit.
Replacement costs do not include architectural fees, legal fees or other "soft" costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
2. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions for a building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 1.5 percent of the replacement cost of the building. As -a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building
Code as the official code for our evaluations. The Minnesota State Building Code is
actually a series of provisional codes written specifically for Minnesota only
requirements, adoption of several international codes, and amendments to the adopted
international codes.
We chose not to count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns
expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc.
vs. City of Richfield case filed November 13, 2001.
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2005, Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. We were than able to compare the correction costs with the
Page 8
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Three (3) out of three (3) buildings (100 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
3. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be "structurally
substandard" under Minnesota Statutes,' Section '469.174, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on this definition, LHB re-evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substantial renovation or clearance" based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condition deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of "service life" used up for a particular component unless it was an
obvious part of that component's deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of deficiencies would total more than 20
percent of the replacement value of the building'when added to the cost of total code
deficiencies. For example, if a building with a replacement value of 100 thousand
dollars had 17 percent code deficiencies, we would look at the list of system condition
deficiencies and make a professional judgment that the cost of fixing the system
condition deficiencies would be at least $3,000 (3 percent), in order for that building
to be considered substandard.
Finding:
In our professional opinion, two (2) of the three (3) buildings (67 percent) in the
proposed TIF District are structurally substandard to a degree requiring substantial
Page 9
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii).
Subdivision 10a. (a) (1) (iii)
Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings
(i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision .
10a (1), clause (iii) test in which the "other" buildings require substantial renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationships, overcrowding of buildings on the land,
excessive dwelling unit density, obsolete buildings not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation
District exhibit existing conditions warranting renovation or clearance as defined by
Minnesota Statutes Subd. 10a. (1) (iii), described as follows:
As noted above, two buildings (TIF parcel 6 and 8) were found to be
structurally substandard as defined by Minnesota Statutes, Section 469.174,
Subdivsion 10 (b) and (c). The factors under Subdivision 10a (1), clause (iii)
are broader, and include "obsolete buildings not suitable for conversion."
Buildings with deficiencies significant enough to meet the structurally
substandard test are, in effect, buildings that are obsolete and not suitable for.
improvement. Therefore, both buildings found to be substandard in Appendix
A and B also meet the lesser "obsolescence" test of Subdivsion 10a (1), clause
(iii).
TIF Parcel 7 —The code deficiencies in this building exceeded the 15 percent,
criteria for being considered substandard, but the general condition
deficiencies in addition to the code deficiencies did not exceed 20 percent
which was established as our. minimum criteria for a substandard finding.
LHB reviewed City documents, including the 2000 Comprehensive Plan
Update. Originally, the area West of Biscayne (including the parcels in the
proposed TIF District) were guided toward industrial uses, but the 2000
Comprehensive Plan Update changed the guide designation to Retail
Commercial and the zoning to Neighborhood Business. One of the reasons
for the change was the age and condition of the properties, suggesting that
they should not be encouraged to continue as industrial uses. This change in
guide designation and zoning was the culmination of more than 10 years of
discussion regarding the temporary nature of the industrial uses in the area as
Page 10
property around it developed into permanent residential uses, consistent with
their guide designations. The definition of the area as Neighborhood Business
also served the purpose of providing an opportunity for retail and services to
be established in a part of the City that does not currently have them.
Based on our review of the 2000 Comprehensive Plan Update, we find this
parcel to be an obsolete land use incompatible with the guide designation and
zoning for these parcels and the surrounding residential neighborhoods.
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10
and 10a. It is also important to look at the distribution of substandard buildings
throughout the geographic area of the proposed TIF District.
Finding:
Buildings meeting the requirements of Minnesota Statutes, Section 469.174,
Subdivision 10 and 10a are reasonably distributed throughout the geographic area of
the proposed TIF District (Diagram 3).
Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. 10a. (1) (iii)
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA - Project Principal/TIF Analyst
Michael has ,nineteen years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Vice President at LHB and currently leads the Community
Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at
the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning
and Real Estate Development. Michael has served on over 35 committees, boards. and
community task forces, including a term as City Council President and Chair of the
Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner
in Edina, Minnesota. He was one of four architects in the country to receive the National
"Young Architects Citation" from the American Institute of Architects in 1997.
Jerry A. Putnam, AL4, FCSI, CCS — Project Manager/Inspector
Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in
all phases of the architectural process, from pre -design through construction administration,
including specialty consulting in investigations for buildings, building condition surveys, TIF
inspections, code reviews, estimating and specification writing.
Jerry is an active member in the Construction Specification Institute (CSI). He has been
recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In
addition to being past president of the largest CSI chapter in the United States, he serves on
many local, regional and national committees, and has given presentations at many specification
writing classes and workshops.
Bruce Chalupsky, ASLA — GIS/Coverage Analysis
Bruce has more than ten years of experience as a landscape architect/planner. During this time,
he has specialized on site master planning for public and private clients. Bruce has also pursued
specialization in Geographic Information Services (GIS)and is proficient in the administration
of community data and the production of maps for a variety of needs.
M:\OSProj\050393\ADMN\F200\Reports\Renovation and Renewal TIF Final Report 03-31-06.doc
APPENDICES
Appendix A — Property Condition Assessment Summary Sheet
Appendix B — Building Code and Condition Deficiencies Reports
Appendix C - Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 12
APPENDIX A
Property Condition Assessment Summary Sheet
APPENDIX B
Building Code and Condition Deficiencies Reports
APPENDIX C
Property Condition Assessments
Code Deficiency Cost Reports
Photographs
From: CITY ADMINISTRATOR HEDGES
Date: APRIL 3, 2006
Subject: ADDITIONAL INFORMATION FOR APRIL 4 CITY COUNCIL AGENDA
CONSENT AGENDA:
K. Approve Professional Services for Miniature Golf Course
City staff are planning to recommend a change in the process for the design plans and
specifications for the proposed miniature golf course within Cascade Bay. According to the City
Attorney's office, the design build approach is not acceptable and as a result the staff will utilize
either the City's existing engineering services or a mini golf course consultant to prepare the
plans and specifications for the miniature golf course within Cascade Bay. This change should
still allow the course to open this summer.
N. 'Contract 06-02
Attached is a replacement page for page 49 of the packet.
OLD BUSINESS
A. Final Plat and Final Planned Development — Diffley Marketplace
The City Council requested clarification of the County authority relative to platting property.
Enclosed on pagesZ;� through 75"tis a memo from the City Attorney overviewing this
matter.
Enclosed without page number is a copy of e-mails that have been sent to City Council members
regarding the proposed final plat and final planned development.
ECONOMIC DEVELOPMENT AUTHORITY
E. NEW BUSINESS - SOUTHEAST EAGAN — Receive Substandard Condition Report
and Request City Council Call for a Renewal and Renovation District Public Hearing —
Enclosed on pagesWA through thWIs a memo from Ehlers and Associates covering the .
Rev stors application
for the creation of the district and an area map. Enclosed on pages
�CI through is the LHB Substandard Conditions Report.
BID SUMMARY
Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Roads
Street & Sidewalk Improvements
City Project No's. 786/ 926/ 933/ 928 - City Contract No. 06-02
Bid Date: Thursday, March 30, 2006 Bid Time: 10:30 a.m.
Contractors Total Base Bid* Alt. #1 Alt. #2 Alt. #3
3) Northwest AsRhalt, Inc $ 1,264,116.85 $8 175 $3,760 $8,155
4) Ace Blacktop Inc $ 1,324,011.23 $7 653 $2,876 $4,909
Feasibility Report Estimate $ 299,700
Percent Under (_) Estimate -28.1%
Engineer's Estimate .$259,040
Percent Under (-) Estimate -16.9%
Proiect 926 - Saddlehorn/ Sunset Street Overlay — Base Bid
Low Base Bid
$ 412,955
Feasibilit� Report Estimate
$ 469,790
Percent Under (-) Estimate
-12.1%
Engineer's Estimate 1$455,180
Percent Under (-) Estimate
-9.3%
Feasibility Report Estimate $ 241,570
Percent Over (+) Estimate +16.6%
Engineer's Estimate $251,760
Percent Over (+) Estimate +11.9%
*Does not includes bid proposals/ estimates for concrete entrance apron work on Meadowview/
Alexander (Proj. 928) not awarded and to be revised via change order or separate contract
Proiect 933-- Town Centre/ Golfview/ O'Leary Overlay Base Bid
Low Base Bid $229,265
Feasibility Report Estimate $ 231,270
Percent Under (-) Estimate -0.1%
Engineer's Estimate $224,700
Percent Over (±} Estimate +2.0%
Alternate Bid 1— Dodd Rd /McFadeens Trail — Valley Gutter
Alternate Bid $9,218
Engineer's Estimate $8,500
Percent Over Estimate8.4%
Alternate Bid 2 — Dodd Rd — Dakota Electric Substation Driveway
Alternate Bid $4,022
Engineer's Estimate -12 ,500
Percent Over Estimate 15.2%
Alternate Bid 3 — Lexington Ave. Cad Railroad Tracks
Alternate Bid $7,378
Engineer's Estimate $6,600
Percent Over Estimate 10.5%
DRAFT - 3.28.06
zw-
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: Tom Hedges, City Administrator
FROM: Michael G. Dougherty, City Attorney
DATE: March 28, 2006
RE: Diffley Marketplace — County Action
Our File No. 206-23893
In response to your inquiry, the following is my analysis of the situation governing the Diffley
Marketplace proposal.
EXISTING CONDITIONS
• Development consists of two parcels; one with accesses to Diffley Road and Patrick
Road, and the other with access to Daniel Drive
• Dakota County manages Diffley Road and the access thereto; City of Eagan manages
Daniel Drive and access thereto
• Developer proposes to replat both parcels into one lot; Proposed plat includes an
easement dedicated to Dakota County restricting access to Diffley Road to an entrance of
60 feet at one location. No similar easement exists in favor of the City with respect to
Daniel Drive.
ANALYSIS
1. County's Role in Plat Approval. Preliminary plats are to be submitted by the City to
the County Engineer for written comments and recommendations. The Engineer's review is
limited to factors of County significance in conformance with County Guidelines. The County
Guidelines must provide for development and redevelopment scenarios, allow for variances and
reflect consideration of any City guidelines. Written comments from the Engineer must state
whether the plat meets the County Guidelines and describe any modification necessary to bring
the plat into conformity with the Guidelines. Failure to obtain the written comments and.
recommendations of the Engineer in no manner affects the platting of the property. In the event
the City does not amend the plat to conform to the Engineer's recommendations, representatives
Hedges
March 28, 2006
Page 2
from the County and City shall meet to discuss the differences and determine whether changes to
the plat are appropriate prior to final approval.
Can the County impose conditions to the approval of a plat? I find no legal authority that
grants the County any authority to require dedications, exactions or conditions to its approval of
plats (e.g. access restrictions). While I am aware that there is a 1970 law that grants Dakota
County Board the authorization to approve plats, there is nothing within the law that addresses
dedications or conditions.
What standard must the County exercise in its plat approval decisions? The County Board's
decision must not be 'arbitrary and capricious. In other words, it must have a rational basis
related to promoting public health, safety and general welfare.
What is the City's role with respect to plat approval? Preliminary plats must be submitted to
the City. The City may employ a qualified person to check and verify the surveys and plat and to
determine the suitability of the plat from the standpoint of community planning. If the proposed
plat abuts a County road, the City is required to submit the same to the County Engineer for
written comments and recommendations. Following City approval of a preliminary plat, the City
shall submit to the County Board notice of itsapproval along with a statement addressing the
disposition of any comments or recommendations made by the County Engineer. In the event
that the City did not amend the plat to conform to the recommendations, representatives from the
County and City shall meet to discuss the differences. The law does not address the effects of a
continued disagreement. However, the statute does state that the time period for approval
continues to run and there is a presumption of approval if not acted upon within the time frame
(120 days from preliminary plats and 60 days for final plat).
What standard must the City exercise in its plat approval decision? As noted with respect to
the County, the City cannot be arbitrary or capricious.
Can the County remove the Diffley access as part of the plat approval? As noted, I am
unaware of any authority for the County being able to place conditions on the plat approval.
Similarly, absent the planned development process, the City would not be able to remove the
access to Daniel Drive. However, since the proposal is part of a planned development district,
the City retains the right to remove or modify the Daniel Drive access as part of its zoning
requirement.
Can the County require the City to provide full access to Daniel Drive as a condition of
approving a full or % access on Diffley Road? The answer to this question needs to be
clarified as being distinct from the discussion of plat approvals. As stated above, the County can
not require such action in connection with a plat approval, nor could it require the developer or
City to install a right turn lane or medians within Diffley Road. However, the County "may"
condition a variance approval . if such condition is consistent with State statute and County
Guideline and is further rationally related to mitigating the consequences of the granting of the
variance.
Hedges
March 28, 2006
Page 3
As noted, the County manages Diffley Road. The County's desire for a signalized intersection
(or a % intersection, etc.) is solely a decision it can choose to implement when it has appropriate
funding. In short, a decision to grant a % intersection today would not foreclose the County's
opportunity to place a median in lieu thereof sometime in the future. Similarly, the opening of a
full access to Daniel Drive today would not foreclose a future city council from placing a median
in Daniel Drive to foreclose left-hand turns from the development.
What legal issues presently need to be addressed? As discussed earlier, the County Engineer's
comments with respect to the plat should be limited to whether the Diffley access is at the right
location. The plat is simply one lot and does not include any right of way. To the extent that the
County wishes to modify Diffley Road to meet the County's needs, it may do so now or
whenever it chooses. 'I am unaware of any legal basis .for requiring the City or developer to
make access modifications, and therefore approval of the plat should not be an issue.
In the area of the access to Daniel Drive and the request for a variance to the County's spacing
guidelines, those decisions rest with the City. Council.. A decision by the County Board on the
variance request needs to be rationally based and supported by the facts. Assuming that the
board approves the request with the condition of full access to Daniel Drive, and the City
disagrees with the County's actions, the Council may appeal the Board's decision. Otherwise, if
the City is receptive to the County's conditions, it may so act upon the access to Daniel Drive as
part of the planned development.
Irrespective of the variance request, the ultimate access to Daniel Drive is within the City's
purview as a result of the planned development and site plan approval. Again, so long as the
City's decision is not arbitrary and capricious, it will be upheld. The development is entitled to
reasonable and convenient access. Even without an access to Daniel Drive, the property would
be served by accesses to Diffley and to Lexington Avenue.
Finally, I note that improvements made to a Dakota County road usually require participation of
the host city. To the extent that accommodation cannot be reached between the County, City and
developer as to the type of access to Diffley Road from the development, an important discussion
may be required as to how and when the funds are available for the type of improvements
anticipated for Diffley Road, including signalization.
MGD/i It
0
To: Gene Van Overbeke, City of Eagan
O
0 Jon Hohenstein, City of Eagan
W From: Rebecca Kurtz, Ehlers & Associates
I Date: March 28, 2006
Subject: " Red Pine Crossing Redevelopment Project
EHLERS
& ASSOCIATES INC
Enclosed is the application for the proposed renewal and renovation tax increment financing
district for the Red Pine Crossing development. The packet includes the following
information:
Letter from Revestors requesting TIF assistance
Application form
Memo from the Developer including information on the proposed project and the need for
assistance
Map showing the parcels in the proposed development
Drawings showing the proposed site plan and buildings
Schedule of events for the establishment of the TIF District
Resolution for the EDA to request the City Council to set a public hearing date
I will forward LHB's report regarding the substandard conditions as soon as I receive it.
I have not included the proforma and financial information that Ehlers has received from
Revestors. They have requested that this information not be made public. As the City moves
forward with the establishment. of the TIF District, Ehlers will provide an analysis and
summary showing the need for assistance and the But For Test for the TIF District.
If you have questions or need additional information, please do not hesitate to contact me at
651-697-8516.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-851(
Roseville, MN 55113-1105 rkurtz@ehlers-inc.com
CITY OF EAGAN
Application for Business Assistance Financing
GENERAL INFORMATION:
Business Name: Revestors Realty, LLC Date:
Address: 3000 County Road 42 West, Ste. 300, Burnsville, MN 55337
Type (Partnership, etc.): LLC
3/28/2006
Authorized Representative: Tim Anderson Phone: 952-895-6111
Description of Business: Redevelopment project for commercial use
FINANCIAL BACKGROUND:
1. Have you ever filed for bankruptcy? No
2. Have you ever defaulted on any loan commitment?
No
3. Have you ever used Business Assistance Financing before? Yes.
If yes, what, where and when? Office building in the City of Burnsville, MN
PROJECT INFORMATION:
1. Location of Proposed Project: Property bordered by Red Pine Lane, Biscayne Lane, Gun
Club Road, and State Highway 3 in the City of Eagan
2. Amount of Business Assistance requested? $330,000 annually
Demolition, Site acquisition (for land premium), Land
3. Need for Business Assistance: holding costs, Site improvements and Administration fees.
4. Present ownership of site: Revestors Realty, LLC
1 Z�
5. Number of permanent jobs created as a result of project? TBD
Phase 1 est. $19 million;
6. Market value of project following completion: Est. $25 million after completion of Phase 2
7. Anticipated start date: Spring 2006 Completion Date: Phase 1: Summer 2007
FINANCIAL INFORMATION:
1. Estimated project related costs:
a. land acquisition $ 2,100,000
b. site development 500,000
C. building cost 12,350,000
e. architecturaVengineering fee 350,000
PLEASE INCLUDE:
1. A map showing the exact boundaries of proposed development.
2. Statement of property ownership or control.
3. Plans and drawing of project.
4. Background material of company.
5. A statement identifying how the assistance will be used and why it is necessary to undertake the
project.
6. Pro Forma analysis — Information provided directly to Ehlers & Associates
7. Financial statements — Information will be provided directly to Ehlers & Associates
8. Payment of application fee
JUSTORICAL REVIEW
On March 25, 2005 Revestors signed a purchase agreement for 8.55 acres (372,450 square feet) from Red
fine Enterprises, LLC (Oberg) for $1,300,000 or $3.50 per square foot. The sellers indicated that the
adjacent parcel might be available for purchase. We attempted to negotiate with the owner (Schoenecker)
by offering to purchase the .99 acre site (43,125 square foot) property for $150,000 ($3.50 per square foot),
the value of the land only. On April 21, 2005 Schoenecker rejected out offers and proceeded in his attempt
to sell his property to some other potential party with an asking price of $330,000. We then attended five
meetings between our development team and Eagan staff during May and June (5/9, 5/16, 5/17, 6/1, &z
6115) with the developer attempting to create a vision and plan for the 8.55 acre site that would be desirable
for the community, attractive to potential tenants and supported by the city. By June 29, 2005 our
assessment was that a solid relationship was developing between all parties to the transaction and we were
confident that a high quality project would be advanced so on that date we closed the purchase of the Oberg
land.. On the following day, June 30, 2005 we once again met with Eagan staff to prepare for a meeting
with two Eagan Finance Team members together with other staff and both developers (Revestors and
Manley). This meeting occurred on July 5, 2005 where a decision was reached for both developers to
voluntarily delay there independent plans for individual adjacent parcels to provide time to investigate a
master plan for the entire parcel. This meeting resulted in a predevelopment agreement with the developers
requested to fund the estimated cost ($20,0011) of researching the possibilities. Revestors deposited their
share of the requested deposit ($16,800) on August 12, 2005, When Manley decided against making their
share of the deposit, Revestors contributed the balance of the deposit ($3,200) on August 31, 2005. As
progress continued to develop on a master plan for time entire project we were encouraged to contact
Schoenecker to engage in a second attempt to negotiate the purchase of his land. The belief was that by
purchasing his land we would be We to move some of the wetlands, provide water filtration and retention
for the entire development, add 10,000 rentable square feet to the phase I buildings, allow the city to vacate
most of the road that only served the Schoenecker parcel and clean up the site by removing the existing old
building. It was stated that this purchase by Revestors would not negatively affect the consideration of a
redevelopment district by the city but rather would enhance and protect those options. On Omber 6, 2005
we initiated another round of negotiating with Schoenecker which resulted in a purchase agreement to
acquire his project for $300,000 indicating that it would dost an additional $30,000 to remove the building.
The result of this purchase is that we would spend $330,000 to acquire a property that would have a
resulting.value of $150,000 if valued equal to the Oberg site. On December 22, 2005 we deposited $5,100
with the city together with our city submittal for the phase I project. We attempted to close the
Schoenecker purchase on December 29, 2005 but it was temporarily delayed to cleat up a minor title issue.
Meetings have continued with the architect, general contractor, owners, developers and the city staff. In
addition to these regular meetings additional meetings have taken place with outside special consultants to
advance the direction the entire team supported. On January 23, 2006 we met with representatives from
Ehlers to help us understand the redevelopment process which included a request for specific information
they needed to support their research. This requested information was supplied to Ehlers on February 3,
2006. The information that was supplied resulted in a meeting on February 21, 2006 with Ehlers, city staff
members, the city attorney and our development team members. The information shared at that meeting
left our development team totally confused with a contrast between the information requested on January
23, 2006 and the conclusions offered on February 21, 2006. The information provided with this historical
review is our attempt to cooperate with a new. understanding that developed at this last meeting.
RESPONSE
The goal of the new questions seems to be an attempt to determine the difference between the cost of —
acquiring the additional acreage including the cost of returning the site to the condition of undeveloped land
and the value of the resulting undeveloped land.
2Wi1�
We have not been negotiating with Hyster, Wood, or Mellon and therefore have no valid way of forecasting
the potential purchase price. Perhaps legal counsel for the city has an estimate for you to use, Our position
is that the Hyster, Wood and Mellon properties are not more valuable than the Schoenecker property which
was purchased for $300,000.
ik
Schoeneeker
Agam Site Sau= no tape
.99 acres 43,125 square feet
r
$300,000
Da=fifion
$30,000
1 -at 1 Cost
$330,000
Hyster
.70 acres 30,5010 square feet
$ 7
$25,000
$ 7
Wood
.88 acres 38,350 square fee
$ 7
$25,000
$'
Mellon
.SS acres 38,3.50 square fee
$ 7
$ 7
$ 7
We see two different ways the value of the resulting land could be determined.
1. The value of the purchase of the Oberg land ($3.50 per square foot)
2. The value of the purchase of the Oberg land plus land purchase commissions and fees ($4.90
per square foot)
It is clear fiom this analysis, and consistent with otir belief, that an undeveloped laud value of not more than
$5.00 ptr square foot should be applied
Cast-OfAgguiring.Plus Demoli ' n
Schoenecker $330,000
Hyster $ ?
Wood $ 7
Mellon $ ?
Total
CONCLUSION
io# L Intl Value ,s
DiC
$215,000 - - $115,000
$152,500 $ ?
$191,500 $ 7
$41,500 $ 7
$750,000
We would be willing to purchase and cash flow the four additional sites (3.45 acres) for up to $5.00 per
square foot or up to a total of $750,000, and proceed with phase 11 when available. We are not interested in
cash flawingor purchasing additional land above these values. If the city has an interest in paying higher
prices and a vehicle for cash flowing and being reimbursed for the difference between the actual costs and
the $5.00 per square foot we would pay for the land, then we should proceed with this option.
We also believe you should consider these additional costs that have already been incurred or will likely be
incurred if this expanded plan advances.
1. The $20,000 predevelopment fee to research this option
2. The additional architectural design fees to plan a phase 11 option
3. The holding costs for delaying the phase I project
4. The current estimate of up to $400,000 to expand lied Pine Lane due to higher traffic counts
from a larger project .
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REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Southeast Eagan
TIF District
Eagan, Minnesota
LHB Project No. 05 03 93. 10
March 31, 2006
Prepared For The
City of Eagan
Prepared by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
2/9G
TABLE OF CONTENTS
Page
PART 1 Executive Summary ...............................................................................3
Purposeof Evaluation................................................................3
Scopeof Work..........................................................................3
Conclusion.................................................................................4
PART 2 Minnesota Statute 469.174, Subdivision 10a Requirements .................4
PART3 Procedures Followed..............................................................................6
PART4 Findings...........................................................:......................................6
A. Coverage Test..................................:.........................................6
B. Condition of Building Test........................................................8
1. Replacement Cost................................................................8
2. Code Deficiencies................................................................8
3. System Condition Deficiencies......................:.....................9
C. Distribution of Substandard Structures....................................11
PART 5 Team Credentials.................................................................................12
APPENDIX A Property.Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 2
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PART 1— EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax
Increment Financing Renewal and Renovation District ("TIF District") proposed to be
established by the City. The proposed TIF District is located in the City of Eagan, in a general
area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and
Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the
proposed TIF District meets the statutory requirements for coverage, and whether three
buildings on seven parcels, located within the proposed TIF District, meet the qualifications
required for a Renewal and Renovation District.
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received an on-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LBB are located in Appendix B.
Page 3
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Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received an on-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LBB are located in Appendix B.
Page 3
21q 37
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District
qualifies as a Renewal and Renovation District.
The remainder of this report describes our process and findings in detail.
PART 2 — MINNESOTA STATUTE 469.174, SUBDIVISION 10a REOUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
"The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property..."
Exterior Inspection and Other Means
"An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the building is structurally
substandard."
Documentation
"Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(1)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots"
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking .lots. unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots."
B. Condition of Buildings Test
..."and 20 percent, of the buildings are structurally substandard; and 30 percent of the
other buildings require substantial renovation or clearance to remove existing conditions
such as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
Page 4
buildings not suitable ,for improvement or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: "For purposes of this subdivision, `structurally
substandard' shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.."
Definition of Substantial Renovation
Because "Substantial renovation" can mean different things to different people, LHB
has attempted to clarify exactly what we consider to be "substantial renovation" as it
relates to Minnesota Statutes, Section. 469.174, Subdivision 10(a) (1).
a. First we researched national standards as to how much building owners should
budget for annual maintenance and repair on their buildings as'a percentage of
replacement cost of the building.
1. According to the University of California "Facilities Renewal Budget
Model" report of 1999, building owners should budget between two and
three percent of current replacement value of their buildings for maintenance
and repair work. This does not include routine janitorial work and routine
items such as changing light bulbs and filters.
2. According to the Building Research Board of the National Research Council,
one and one-half to three percent of a building's replacement value should be
budgeted for maintenance and repair.
b. Based on this information, LHB utilized two and one-half percent as the desired
amount of maintenance and repair that should be budgeted annually to keep a
building in good working condition. We recognize through experience that only
a small percentage of sophisticated building owners actually budget for and
spend this amount of money every year on maintenance and repair. This is
because most business owners are driven by other budgetary issues and tend to
neglect the building maintenance and repair line items in their annual budgets.
c. By establishing how much a building owner should be budgeting per year for
maintenance and repairs, LHB is of the opinion that we could more easily
establish an amount that would be considered "substantial" in comparison. If an
owner is budgeting 2.5 percent of the building's replacement cost annually, most
business owners or home owners would have to take out a loan to cover the cost
of a substantial building improvement. Assuming they had a fixed level of
income to work with, they would have to keep the loan payment at a level very
near the original 2.5 percent they should have been budgeting each year. In
Page 5
219 K
addition, they still would have to budget for the original 2.5 percent on top of the
loan. In most cases, the mortgage terms would have to extend out to a point
beyond the life expectancy of the building they were trying to improve, as most
buildings built in the past fifty years are not designed to last beyond 40 years.
d. Based on the calculations described above, we have defined substantial
renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision
10(a)(1), as renovation with costs exceeding 20% of the building's replacement
value.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which. states:
"A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or ,structural repairs, or other similar- reliable
evidence."
"Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police. inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence."
PART 3 — PROCEDURES FOLLOWED
A. LHB was able to schedule interior and exterior inspections for all three buildings in the
proposed TIF District. Inspections were conducted on October 13, 2005.
B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related
to the area including this proposed TIF District.
PART 4 — FINDINGS
A. Coverage Test
1. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and site verification.
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from. City records, GIS mapping and site
verification.
Page 6
21 9 to,
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was met. The total
square footage of parcels meeting the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 75.5 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities or
paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage
requirement for the proposed TIF District under Minnesota Statutes, Section 469.174,
Subdivision 10a (a) (1).
Diagram 2
Shaded area denotes area of parcels "improved" by
buildings, streets, utilities or paved drives or parking lots
Page 7
219 M
B. Condition of Building Test
1. Replacement Cost
The first step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance, is to determine its replacement cost.
This is the cost 'of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2005.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate ,median replacement cost, which factors in the
costs of construction in.Eagan, Minnesota.
Replacement cost includes labor, materials, and the contractor's overhead and profit.
Replacement costs do not include architectural fees, legal fees or other "soft" costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
2. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions fora building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 15 percent of the replacement cost of the building. As a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building
Code as the official code for our evaluations. The Minnesota State Building Code is
actually a series of provisional codes written specifically for Minnesota only
requirements, adoption of several international codes, and amendments to the adopted
international codes.
We chose not to count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns
expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc.
vs. City of Richfield case filed November 13, 2001.
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2005, Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. 'We were than able to compare the correction costs with the
Page 8
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Three (3) out of three (3) buildings (100 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
3. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be "structurally
substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on this definition, LHB re-evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substantial renovation or clearance" based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condition deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of "service life" used up for a particular component unless it was an
obvious part of that component's deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of deficiencies would total more than 20
percent of the replacement value of the building when added to the cost of total code
deficiencies. For example, if a building with a replacement value of 100 thousand
dollars had 17 percent code deficiencies, we would look at the list of system condition
deficiencies and make a professional judgment that the cost of fixing the system
condition deficiencies would be at least $3,000 (3 percent), in order for that building
to be considered substandard.
Finding:
In our professional opinion, two (2)
proposed TIF District are structurally
Page 9
of the three (3) buildings (67 percent) in the
substandard to a degree requiring substantial
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii).
Subdivision 10a. (a) (1) (iii)
Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings
(i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision
10a (1), clause (iii) test in which the "other" buildings require substantial renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationships, overcrowding of buildings on the land,
excessive dwelling unit density, obsolete buildings not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation
District exhibit existing conditions warranting renovation or clearance as defined by
Minnesota Statutes Subd. 10a. (1) (iii), described as follows:
• As noted above, two buildings (TIF parcel 6 and 8) were found to be
structurally substandard as defined by Minnesota Statutes, Section 469.174,
Subdivsion 10 (b) and (c). The factors under Subdivision 10a (1), clause (iii)
are broader, and include "obsolete buildings not suitable for conversion."
Buildings with deficiencies significant enough to meet the structurally
substandard test are, in effect, buildings that are obsolete and not suitable for
improvement. Therefore, both buildings found to be substandard in Appendix
A and B also meet the lesser "obsolescence" test of Subdivsion 10a (1), clause
(iii).
• TIF Parcel 7 —The code deficiencies in this building exceeded the 15 percent
criteria for being considered substandard, but the general condition
.deficiencies in addition to the code deficiencies did not exceed 20 percent
which was established as our minimum criteria for a substandard finding.
LHB reviewed City documents, including the 2000 Comprehensive Plan
Update. Originally, the area West of Biscayne (including the parcels in the
proposed TIF District) were guided toward industrial uses, but the 2000
Comprehensive Plan Update changed the guide designation to Retail
Commercial and the zoning to Neighborhood Business. One of the reasons
for the change was the age and condition of the properties, suggesting that
they should not be encouraged to continue as industrial uses. This change in
guide designation and zoning was the culmination of more than 10 years of
discussion regarding the temporary nature. of the industrial uses in the area as
Page 10
20 P
property around it developed into permanent residential uses, consistent with
their guide designations. The definition of the area as Neighborhood Business
also served the.purpose of providing an opportunity for retail and. services to
be established in a part of the City that does not currently have them.
Based on our review of the 2000 Comprehensive Plan Update, we find this
parcel to be an obsolete land use incompatible with the guide designation and
zoning for these parcels and the surrounding residential neighborhoods.
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10
and 10a. It is also important to look at the distribution of substandard buildings
throughout the geographic area of the proposed TIF District.
Finding:
Buildings meeting the requirements of Minnesota Statutes, Section 469.174,
Subdivision 10 and 10a are reasonably distributed throughout the geographic area of
the proposed TIF District (Diagram 3).
Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. IOa. (1) (iii)
Page 11
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Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. IOa. (1) (iii)
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AL4 -Project PrincipalUTIFAnalyst
Michael has nineteen years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Vice President at LHB and currently leads the Community
Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at
the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning
and Real Estate Development. Michael has served on over 35 committees, boards and
community task forces, including a term as City Council President and Chair of the
Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner
in Edina, Minnesota. He was one of four architects in the country to receive the National
"Young Architects Citation" from the American Institute of Architects in 1997.
Jerry A. Putnam,, AL4, FCSI, CCS — Project Manager/Inspector
Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in
all phases of the architectural process, from pre -design through construction administration,
including specialty consulting in investigations for buildings, building condition surveys, TIF
inspections, code reviews, estimating and specification writing.
Jerry is an active member in the Construction Specification Institute (CSI). He has been
recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In
addition to being past president of the largest CSI chapter in the United States, he serves on
many local, regional and national committees, and has given presentations at many specification
writing classes and workshops.
Bruce Chalupsky, ASLA — GIS/Coverage Analysis
Bruce has more than ten years of experience as a landscape architect/planner. During this time,
he has specialized on site master planning for public and private clients. Bruce has also pursued
specialization in Geographic Information Services (GIS) and is proficient in the administration
of community data and the production of maps for a variety of needs.
M:\05Proj\050393\ADMN\F200\Reports\Renovation and Renewal TIF Final Report 03-31-06.doc
APPENDICES
Appendix A — Property Condition Assessment Summary Sheet
Appendix B — Building Code and Condition Deficiencies Reports
Appendix C - Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 12
Z19 IR
APPENDIX A
Property Condition Assessment Summary Sheet
2jlq S
SOUTHEAST EAGAN -
Renewal and Renovation TIF District
SUMMARY SPREADSHEET
9131rmo6 -
M.%Wm 10503A11SmvXReneeel TIF Summary Spreadsheet 3.304GAsTroperly Ida
LHB Project No. 050349.10 Page 1 Updated 3/312006
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imgovwoerds
Percent
oY
aumeey BuOdbrgs
Raptaeaemt
1 Energy
EsemNM+6% herd saWlamlBN
dat"Ined
,girnl®)
Cada Nn
Vacant
Used
( .)
W,)
mwmv-m"
(SF-)
Cmt
Cost
�y
CIR ft Cat C"Wa
substandard
�uiremerds
2
103180005W1 Mmday land Development Co..
Unassigned
Vatem
No Sulc ings
31.08
0
0%
0
3A
100360002179 Red Pine Emmpdsea LLC
Unutlgned
Vacant
No BuNngs
68.
14,802
21%
68.52 0
4
103180004001 Maidey laW Dovdopmant Ca
4841 Biscayne Avenue
Vacant
No Buidrip
38,41
0
0%
0
5
103180003001 Kevm and ROa Mdm
851 Biacayno Avenue
Improved
No Suldngs02.0.850
7
32,780
85%
38,47 0
6
100380002279 and Susan Stlroerrodca
640 Qm Club RoW
Improved
Interior 6 Extedor
7,775
18%
40,1 1
$308,000
845,90D
$72,210
1 861,200 Yea
1
1
7
703180002001 Theodora wood
4861 Biscayne Avenue
Improved
Intedor d, Extedor1
12,980
34%
38,41 1
8390,320
858,548
859,800
1 878,08q No
0
1
8
10318DW1001 Dennie and 10 Hyater
885 Biscayne Avenue
Improved
Irdedar 6 BdWor
26,370
67%
30,2 1
8492,000
$73,800
867.420
1 880.400 Yee
1
1
TOTALS
215,771 3
3
2
3
Total Coverage Percen
75:5%
Percent of buildings exceeding 15 percent code deficiency threshol
100%
Percent
of buldings detemdned substandard
67%
Percent of buildings meeting Subd.10a. (1) (Ili) Requiremen
100%
M.%Wm 10503A11SmvXReneeel TIF Summary Spreadsheet 3.304GAsTroperly Ida
LHB Project No. 050349.10 Page 1 Updated 3/312006
APPENDIX B
Building Code and Condition Deficiencies Reports
APPENDIX C
Property Condition Assessments
Code Deficiency Cost Reports
Photographs
�qV
""uq� iclfrN
v Mi'
city of .•.
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 3, 2006
SUBJECT: ADMINISTRATIVE AGENDA
CITY ATTORNEY
MEMO
There will be an Executive Session to review strategies for the City's litigation with MAC.
.CITY ADMINISTRATOR
There are no items at this time.
PUBLIC WORKS
There are no items at this time.
COMMUNITY DEVELOPMENT
1. RECEIVE PETITION AND DIRECT CITY STAFF TO REQUEST FORMAL
APPLICATION FOR HOUSING IMPROVEMENT DISTRICT
CONSIDERATION, CEDAR BLUFFS HOMEOWNERS ASSOCIATION
ACTION TO BE CONSIDERED: To receive a petition from the Cedar Bluffs Homeowners
Association and Direct City Staff to Request Formal Application for Housing Improvement
District Consideration for their property.
FACTS:
➢ In August 2005, the City Council was approached by the Cedar Bluffs Homeowners
Association regarding the potential creation of a City policy for the creation of Housing
Improvement Districts, which permit homeowners associations to work with cities to
finance improvements to common areas that cannot be financed by other means.
➢ In response, the City Council adopted a policy on September 20, 2005 that would permit
consideration of petitions and the process by which applications would be reviewed.
➢ The Cedar Bluffs Homeowners Association, which includes 120 units on approximately
11.4 acres, has submitted a preliminary application and petition. The preliminary
application is consistent with the intent of the Housing Improvement Area policy in that:
o The proposed improvements address several policy goals concerning the
preservation of housing stock as stated below.
o The physical improvements meet the policy guidelines in that they are restricted to
common areas, are primarily exterior improvements, are integral to the operation
of the project and are of a permanent nature.
o The association has addressed the basic policy criteria demonstrating that HIA
financial assistance is last resort financing. Cedar Bluffs has provided
documentation showing that the improvements cannot be paid with existing
funds; several letters of denial by lenders have also been provided.
o The association has met the petition requirement by submitting petitions from
51% of property owners requesting a Housing Improvement Area be established.
➢ Although only a proposal, the Cedar Bluffs Housing Improvement Area is consistent with
the City's adopted policy in that:
o It will promote neighborhood stabilization and revitalization by the removal of
blight and/or upgrading of the existing housing stock in the neighborhood.
o It will likely increase property values and therefore increase the tax base of the
City in order to ensure the long-term ability of the City to provide adequate
services for its residents.
o Due to increased property values and a proposed amendment to the Association's
Declaration prohibiting resale to investors, it will stabilize and/or increase the
owner -occupancy level within the neighborhood.
➢ The proposed improvements are specific to common areas and include:
o Replacement of 480 window units
o Replacement of concrete aprons located on the front side of all 20 buildings
o Repair of foundation block on 20 buildings, as necessary
o Replacement of concrete pool deck
o Replacement of fence around pool area
➢ The estimated loan amount for these improvements is $750,000.
➢ The next phase of the review is a formal submittal of improvement plans, detailed
financial plans and a fee to cover City costs associated with the detailed review.
➢ This action item is a checkpoint for the City Council to authorize the request for the
formal application and to permit staff to notice and schedule a public hearing for the
consideration of a district when the review is completed.
ATTACHMENTS:
➢ Preliminary Application Form and sample Petition on pages through
➢ The complete Preliminary Application is available in Community Development if
desired.
➢ Location map on page
224
Item 2. Redevelopment District Update — Staff is providing regular updates to the City
Council regarding the City's redevelopment districts as a part of each administrative agenda. In
addition to the information enclosed on pages through , staff will be available to
provide comments or respond to questions relative to the redevelopment projects at Tuesday's
meeting.
Item 3. Development / Construction Activity — Per the Council's request, Community
Development staff will provide bi-weekly updates of larger development and construction
activity. The current update is enclosed on page
City of Eagan
RE (0 RE 0 W [E.0
DEC E 0 2005
PRELIMINARY APPLICATION
HOUSING EM PROVEMENT AREA FINANCING
Legal Name of Association: Cedar Bluff Townhome Condominium Association
Mailing Address: 15350 25' Avenue North, Suite 108 Plymouth, MN 55447
Name of Contact Person: Jim. Rosvold, 612-3864959
Name of Management Firm/Agent (if different than contact person)
David Stendal, Association Manager Phone 763-449-9100x102
Legal Description of the Project Site: Lot 12 except the South 824.40 feet thereof and all of Lot
11, Block 1, Robert Karatz Addition. Dakota County, Minnesota.
REQUESTED INFORMATION
Addendum shall be attached hereto addressing in detail the following:
1. Give a generaldescription of the project.
2. Explain how the project will meet the goals of the City council as identified in Section II
of the City Eagan Housing Improvement Area Policy.
3. Provide a proposed timeline for the project including the dates of membership meetings
to discuss a project, submittal of required petitions, public hearings, construction start,
submission of first draw request and project completion.
4. List, of improvements and estimated project budget.
5. Explain why Housing Improvement Area financing is necessary to undertake the project.
Attach any documentation regarding efforts to secure private financing.
City of Eagan
22�
6. Explain the process used to determine the scope of the proposed project and the desire for
IRA financing among the association members. Provide any documentation regarding
owner meetings discussing project.
Attach a copy of the following:
Association Bylaws
Audited financial statements for the last two years
[ Association Financial Plan which identifies how both maintenance and operation of the
common elements will be paid for and a long-range plan to conduct and finance capital
improvements work rn pf''`oll - or-vtr-rof I tvdi,F clthch'ed
What is the proposed term of the EIA? 20 Years.
How do you propose the fee to be charged to the affected property owners?
X Equally among all properties
Other: for example -based on unit size, percent interest in association or value.
If Other, please identify:
Amount of loan anticipated: $750,000 available, project capital
Are there any properties within the MA which should be exempt from the fee? No
If Yes, please explain:
REQUIREMENTS FOR HOUSING E"ROVEMENT AREA (MA) FINANCING
To apply for HIA financing, the owners within the association must agree to the following:
1. Must use City's choice of Bond Counsel and Financial Advisor(s).
2. Disbursements of bond/loan proceeds must be made through an escrow agent to be
selected by the City of Eagan.
3. Payment of an administrative fee to the City of one half percent of the bond issue (if City
issues bonds) or flat fee of $5,000, which ever is greater.
4. City staff or its agents will review the performance and level of outstanding debt of
previous RIAs before recommending the approval of additional MA debt.
5. The bond (s) shall be for an issue not less than $250,000, other City sources may be used,
and the City determines if bonds are to be used
City of Eagan % 2
By signing this application hereby agree to the following:
1. I have read and will abide by all the requirements of the City for taxable bond financing.
I will also commit all contractors, subcontractors, and any other major contributors to the
project to all segments applicable to them.
2. The above information is true and correct.
3. The Association will pay all costs involved in the legal and fiscal review of this project.
These costs include the Bond Counsel, Financial Advisor and City Attorney, and all costs
involved in the issuance of the bonds to finance the project
4. I understand that the City re
preliminary approval of the
Signature of Representative
the right to deny final approval, regardless of
City of Eagan 3
22.05
Item 1: General Description of Project:
a. Replacement of 480 window units with vinyl slider replacement windows in existing jams,
including removal and disposal of old window sashes.
b. Replacement of concrete aprons located on the front side of all 20 buildings. Repair of
foundation block on 20 buildings as necessary.
C. Replacement of concrete pool deck
d. Replacement of fence around pool area.
Item 2: Explain how the project will meet the goals of the City council as identified in Section II
of the City Eagan Housing Improvement Area Policy:
The project will address goals A, D, and E:
Goal A: The Cedar Bluff project will prevent the existing housing stock from falling into blight
and the replacement windows will give the property an upgraded look.
Goal D: The project will likely increase property values, thus increasing the Cities' tax base.
Goal E: The increased property values as well as an Amendment to our Declaration prohibiting
resale to investors will promote high owner -occupancy levels.
Item 3: Provide a proposed timeline for the project including the dates of membership meetings
to discuss a project, submittal of required petitions, public hearings, construction start,.
submission of first draw request and project completion.
Summer 2005: Met with City Officials to discuss creation of HIA
September 20, 2005: Letter sent to Homeowners outlining HIA project
September 22, 2005: Annual Meeting of HOA where HIA project was discussed
September — October 2005: Collection of petitions from Homeowners
December 2005: Submit HRA Application to City of Eagan
January 2006: Required Public Hearing
February 2006: 45 day comment period ends. HIA ordinance becomes effective. Submission of
first draw request
March 2006: Window replacement begins.
April 2006: Window replacement ends. Concrete repairs begin.
Spring/Summer 2006: Concrete and pool repairs
August 2006: Project completion
Item 4: List of improvements and estimated project budget.
$300,000 Concrete and foundation repairs
$375,000 Window replacement
$75,000 Pool renovation
City of Eagan 4
01q
Item 5: Explain why Housing Improvement Area financing is necessary to undertake the project
Attach any documentation regarding efforts to secure private financing.
The HOA Board discussed several options for financing: Increasing assessments, bank loans,
special assessments. The Board determined that all of these options would result in monthly
assessment increases of at least 100%. The Board determined that the default rate would
skyrocket, causing the remaining homeowners to make up the difference, thus putting the
Association into further financial peril.
Item 6: Explain the process used to determine the scope of the proposed project and the desire
for HRA financing among the association members. Provide any documentation regarding owner
meetings discussing project..
Association Declaration and Bylaws: Att° 0."
City of Eagan
230
k,
July 20, 2004
Dear Cedar Bluff Townhome Owner:
r OmEa
Ea2
The attached Annual Report has been prepared at the direction of the Board of Directors of
Cedar Bluff Townhome Condominium Association, Inc., in keeping with the requirements of the
Bylaws, Bylaw 39.
The Association's fiscal year ends on June 30d' and typically the members should look forward to
receiving the Annual Report in September. However, when we assumed management
responsibilities last December we were not provided with anything resembling a complete set of
organized accounting records for the 6/30103 fiscal year end, and indeed no monthly financial
statements had been prepared for the five months of the current fiscal year- either ,• from July
through November 2003. Therefore it was impossible to conduct an audit until the farmer
management company hired a bookkeeping service to create a general ledger by reconstructing
all of the financial activity of the first 17 months. Following receipt of that information this
spring, the books were then audited by a CPA firm hired by the Association.
The Association realized an overall net surplus of $38,715• during its first fiscal year. In
accordance with current preferred accounting practice, the Association's financial activity is
separated into Operating and Replacement Funds.
The Operating Fund contributed $17,990 of this surplus. However, there was no formal
allocation of the monthly assessment income to the Replacement Fund.
The Replacement Fund reported a surplus of $20,725. Aside from $8 of interest, all of the
income was realized from the'two months of working capital contributions collected at the
closing of the sale of each unit. There were no capital expenditures charged to the Replacement
Fund.
As of June 30, 2003, total Member's Equity amounted to $38,715, and cash on hand totaled
$25,505.
If there are any questions regarding the information presented, please feel free to contact a
member of the Board or myself.
Very truly yours,
W_(_
David C. Stendal
Association Manager
DCS/jb
cc: Board of Directors
231
OMEGA MANAGEMENT, INC
Managing to Make a Difference
15350 25TH AVE N SUITS 906
PLYMOUTH, MN 55447-1991
(763) 449-9100
(763) 449-9110 FAX
CEDAR BLUFF TOWNHOME CONDOMINIUM ASSOCIATION
PETITION Of PROPERTY OWNERS FOR PUBLIC HEARINGS
TO CONSIDER THE ESTABLISHMENT FO A HOUSING
IMPROVEMENT AREA AND THE IMPOSITION OF A FEE
TO THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA:
The undersigned owners) of a housing -unit at Cedar Bluff Townhome
Condominium Association that would be subject to the fee in the proposed Housing
Improvement Area encompassing the Cedar Bluff Townhome Condominium Association,
hereby request(s) the Council to conduct pubic hearings to consider the establishment of
the Improvement Area and the imposition of a fee to pay for housing improvements
pursuant to Minn_ Staff. §§ 428A,11-.21 (2000):
Unit Address:z�i� _
Owner(s):
• Printle;A T -M
Owner(s) Address(es):
Owners):
(Print Name)
23Z
CEDAR BLUFF TOWNHOME CONDOMINIUM ASSOCIATION
PETITION OF PROPERTY OWNERS FOR PUBLIC HEARINGS
TO CONSIDER THE ESTABLISHMENT FO A HOUSING
IMPROVEMENT' AREA AND THE IMPOSITION OF A FEE
TO THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA:
The undersigned owner(s) of a housing unit at Cedar Bluff Townhome
Condominium Association that would be subject to the fee in the proposed Housing
Improvement Area encompassing the Cedar Bluff Townhome Condominium Association,
hereby requests) the Council to conduct public hearings to consider the establishment of
the Improvement Area and the imposition of a fee to pay for housing improvements
pursuant to Minn. Stat. §§ 42BA.11-.21 (2000):
Unit Address:
Ownet(s): Pr1-L'Nq,4�'�-fes tJ
(PrInt Name)
(Print Name)
Owner(s) Address(es):. S;sr-1
OwnerU)- - 62. OAA"�
(Sign re)'
(Signature)
Dated: b
233
City of Eagan Nano
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: APRIL 3, 2006
SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE
The following update reflects activity in the City's redevelopment districts.
General Redevelopment
Impact of Eminent Domain Legislation on Redevelopment Districts - At the Council's
direction, staff has been in contact with members of the Legislature and its lobbying
organizations to determine the impact of the current bills being passed through this session with
respect to eminent domain. Stam continues to communicate positions that would grandfather the
ability to use eminent domain under the existing standards in existing TIF redevelopment
districts to perform property assembly and complete the redevelopment of those areas. Staff is
analyzing the bills on an ongoing basis to determine how they would or would not affect the
City's existing districts. Additional information on the most current bills will be provided as that
information is received.
Cedar Grove Redevelopment District
• First Phase Development Plans — Staff and the developer continue to meet to coordinate the
submittal and review of the first phase development applications. The developer and staff have
also held the fust of several meetings with the APrC to discuss the overall approach to the parks
and recreation needs of the area and with the Engineering Division to masterplan the utilities for
the whole area, even though the fust phase will only permit the installation of a portion of the
system.
• Silver Bell Center Remodeling and Redevelopment — The owners of Silver Bell Center, next
to McDonalds, are reviewing information related to the ponding adjacent to their property to
determine what limitations or opportunities there may be for the remodeling of the center and
additions to the site. The first phase of their plan would be to consolidate some of the current
tenants and some new tenants into the west end of the mall, demolish the east end and redo the
fagade of the remaining center to conform to CGD standards. A second phase would involve a
proposed subdivision of the property to add two pads for freestanding buildings on the east end
of the site.
• Acquisition and Relocation Plans — Negotiations are underway with the owners Ellingson and
Associates, Eagle Valley Bank and Minsk Market for acquisition of those properties. Several
other property owners are actively seeking new sites for their businesses.
• Communications Activities — The Cedar Grove Gateway, the monthly, newsletter update, is
being distributed to businesses in the area. Website updates also continue.
Northeast Eagan Redevelopment District
• Grand Oaks Development — The first office building is occupied and the retail buildings are
beginning to have interior finish work for a number of businesses. Construction is continuing
Z35
on the Eagle Valley Bank. Interstate indicates that they will submit plans for, construction of
the second office building in the next 60 days.
• McGough Office Project — The developer has submitted revised offers to the four remaining
property owners in the northeast Eagan/McGough area. Roger Reiling has commissioned a
seller's appraisal and has submitted it to McGough. McGough representatives indicate that
they intend to offer mediation as a means of resolving the,differences between the offers and
the seller's appraisal.
• Hwy 55 Parcels — DART Transit, the owner of a substantial number of the properties in the
portion of the District south of Hwy 55 has indicated an intention to prepare a
development/redevelopment plan for that part of the district. DART representatives are
scheduled to meet with staff on April 5 to discuss their progress in this regard.
Southeast Eagan Masterplan
• Revestor's development plan is before the City Council on the regular agenda on April 4 and
the receipt of the Substandard Report and authorization .to proceed with consideration of
creation of a. renewal and revitalization district is on the EDA agenda.
Z3(p
FROM: Dale Schoeppner, Chief Building Official
Mike Ridley, City Planner
DATE: April 4, 2006
SUBJECT: Development/Construction Activity Update
The following update reflects recent activity in the Building and Planning Divisions.
Permits Issued
Address
980 Lone Oak Rd #128
2955 Lone Oak Dr
Development Update
Explanation
Kuehne & Nagel
Eagle Power
Valuation
275,000
200,000
Type
Comm Impr
Comm Impr
➢ Planning staff is working with a hotelier interested in the "Raintree" site just north of the
new Manley building under construction on the west side of Pilot Knob Road at Buffet
Way.
Planning staff have met with representatives from LifeSpan Services in an effort to find a
suitable location for their move out of Cedarvale Mall.
➢ Planning staff have had several calls recently from developers 'interested in office
development in northeast Eagan on the 85 acres located north of Lone Oak Road and
east of the Ecolab Campus.
Staff will be happy to provide a brief overview of these items and/or respond to questions at
Tuesday's meeting. As always, staff is available between meetings to respond to questions that may
come to Council members' attention from the community.
2Z7
rF,
AGENDA
EAGAN CITY COUNCIL REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
April 4, 2006
6:30 P.M.
]f. ROLL CALL & PLEDGE OF ALLEGIANCE (Fire Department Honor Guard)
II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
A. Recognition of Retired Volunteer Fire Chiefs
IV. CONSENT AGENDA
A. APPROVE MINUTES
ftJ1kB. PERSONNEL ITEMS
C. APPROVE CHECK REGISTERS
' D. ADOPT Proclamation -of National Public Safety Telecommunications Week / Recognition of Eagan Police
Dispatchers
n E. APPROVE Off -Sale Liquor License and a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located
at 4130 Blackhawk Road
I) -18F. DECLARE Police Department office furniture as surplus to be disposed of as refuse
G. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent utility bills
H. SCHEDULE Public Hearing for May 2, 2006 to certify delinquent invoice for Shell Station — Cedarvale Blvd..
APPROVE use of the Community Center for the Miss Eagan Pageant at no charge during the 4s' of July festivities
APPROVE advertisement for Statement of Qualifications and Quotes (SOQQ) for Patrick Eagan Park Master Plan
K. APPROVE professional services agreement with Outdoor Environments Inc. and Golf Greens of Minnesota to
design plans and specifications for a miniature golf course within Cascade Bay and authorize staff to obtain
competitive bids for construction of project
• L. APPROVE concessions food and supplies contract for Parks and Recreation concessions operations and authorize
the Mayor to, sign the appropriate documents
• M. APPROVE changes to the 2006 fees and charges pertaining to Parks and Recreation
. N. AWARD Contract for Contract 06-02, City Wide Street Improvements
Q. 0. AWARD Contract for Contract 06-03, City -Wide Street Improvements
P, 9P. APPROVE Final Planned Development — Grand Oak 10 — Interstate Partners — A Final Planned Development of 5.4
G acres to build a 3 -story, Class A office building on Lot 1, Block 1, Grand Oak Five in the NE 1/4 of Section 2.
1%• 55Q.. APPROVE Final Planned Development Goodwill — Fendler Patterson — A Final Planned Development of 3.4 acres
TT to build a single story retail store located at Lot 2, Block 1, Slumberland Addition in the SE '/4 of Section 10
P.57R. APPROVE Correspondence to Support State Funding in 2006 for the Expansion of the Northwest Area of Inver
Grove Heights
. S. APPROVE Release of Retainage for Contract 03-09 (Coachman Water Treatment Plant)
T. APPROVE Lease Agreement between City and St. Croix Harley Davidson
V. PUBLIC HEARINGS
P. (40 A. EASEMENT VACATION — Lots. l and 2, -Block 1, Oakview Center
VI. OLD BUSINESS
A. FINAL PLAT AND FINAL PLANNED DEVELOPMENT - Di,ffiey Marketplace - Diffley Ventures — Final Plat
PAA
of 10.64 acres and a Final Planned Development to allow a commercial retail development including a grocery
store, two multi -tenant retail buildings located on Outlot A, Lexington Pointe Thirteenth Addition and Outlot A,
Lexington Pointe Seventh Addition in the NW '/4 of Section 26.
VII. NEW BUSINESS
P-71 A. PLANNED DEVELOPMENT AMENDMENT — Lesley Tscheme — A Planned Development Amendment to allow a
kennel service in her home located at 3812 Blackhawk Ridge Place in the NE -1/4 of Section 21.
P• 9bB. COMPREHENSIVE GUIDE PLAN AMENDMENT and REZONING — Bassett Property- Sunrise Properties — A
Comprehensive. Guide Plan. Amendment from LD (Low Density) Residential to HD (High Density) Residential and a
Rezoning from A (Agriculture) to R-4 (Residential Multiple) located at 2101 Wuthering Heights Road in the SW '/4 of.
Section. 18.
p"r i 14C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT —
(Oakview Center 2nd Addition) Comfort Suites - Eagan Hospitality Group, Inc. - A Planned Development Amendment
and Final Planned Development to build a 4 -story, 130 room hotel, and a Final Plat to replat two lots as Lot 1, Block 1,
P. Oakview Center 2"d Addition in the NW '/ of Section 12.
D REZONING, PRELIMINARY PLANNED DEVELOPMENT, and PRELIMINARY SUBDMSION - Red Pine
Crossing — CNH Architects — A Rezoning of 9.82 acres from NB (Neighborhood Business) to PD (Planned
Development), A Preliminary Planned Development to, create mixed use neighborhood commercial development, and
A Preliminary Subdivision of 9.82 acres to create 3 lots located in the SE '/4 of Red Pine lane and State Hwy 3 in
Section 36.
P'E. RECEIVE Petition and Authorize Preparation of. Feasibility Report for Project 929 (Red Pine Lane Upgrade
,r Street Improvements)
1pIQ CONDITIONAL USE PERMIT -Community Center- City of Eagan — A Conditional Use Permit to allow a pylon sign
11 `` located at 1501 Central Pkwy in the SE '/4 of Section 9.
VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE
F-ZI I IX. ECONOMIC DEVELOPMENT AUTHORITY
The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA')
may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council.
A. CALL TO ORDER
ADOPT AGENDA
P. Z APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
1. SOUTHEAST EAGAN — Receive Substandard Condition Report and Request for Consideration of the
Creation of Renewal and Renovation Tax Increment Financing District for a Portion of the Area
Bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan and
F• I.In2. Request that the City Council Call for a Public Hearing
CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to Enter into Negotiations for the
Potential Acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley Memorial
Highway
F. OTHER BUSINESS
G. ADJOURNMENT
X. ADMINISTRATIVE AGENDA
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
City of Eapt
To: HONORABLE MAYOR & COUNCILMEMBERS
From: CITY ADMINISTRATOR HEDGES
Date: MARCH 31, 2006
Subject: AGENDA INFORMATION FOR APRIL 4, 2006 CITY COUNCIL MTG
ADOPT AGENDA,
After approval is given to the April 4, 2006 City Council agenda, the following items are in order
for consideration.
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
III. RECOGNITIONS & PRESENTATIONS
A. RECOGNITION OF RETIRED VOLUNTEER FIRE CHIEFS
ACTIONS TO BE CONSIDERED:.
To recognize all former City of Eagan Fire Chiefs.
FACTS:
➢ The City of Eagan has been extremely fortunate to have nine dedicated volunteers who have
served as Eagan Fire Chief between 1963 and 2006.
➢ It would not have been possible to maintain one of the largest volunteer fire fighting
departments in the State had it not been for the leadership of these nine men.
➢ As the City and the Eagan Fire Department together enter a new stage of having a full time
Fire Chief in Mike Scott, we want to take this opportunity to recognize and thank the Chiefs
who have come before him.
➢ We especially want to recognize our most recent Fire Chief, Bob Kriha, under whose
exemplary leadership and guidance the City was able to successfully transition to a fulltime
Chief.
➢ The following men have served the City of Eagan has volunteer Fire Chiefs:
Don VanEngen
July 1963 -May 1967 (deceased)
Ted Ringberg
May 1967 -August 1967
Bill Schultz
August 1967 -November 1977 (currently in Arizona, and corning
back to Minnesota later this week)
Bob Childers
November 1977 -July 1986
Richard Schindeldecker
July 1986 -December 1986
Ken Southorn
December 1986 -November 1992
Dale Nelson
December 1992 -November 1995
Craig Jensen
December 1995 -December 2003
Robert Kriha
December 2003 -March 2006
➢ At this time, the Mayor and City Council will present Chief Kriha with a plaque to honor his
recent service as Fire Chief, and present the other former Chiefs with certificates of
appreciation for their service to the City of Eagan.
Z
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed from
the'Consent Agenda and placed under Old or New Business unless the discussion required is brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the March 21, 2006 regular City Council meeting and the March 14,
2006 special City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the March 21 2006 regular City Council meeting are enclosed on pages 4
through.
•
Minutes.9 the March 14, 2006 special City Council meeting are enclosed on pages
through .
3
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL D/?AFr
Eagan, Minnesota
March 21, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councilmembers Fields, Maguire and Tilley. Councilmember Carlson was not present. There
were no visitors who wished to be heard.
A.regular meeting of the Eagan City Council was held on March 21, 2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Councilmembers Fields, Tilley,. and Maguire. Councilmember Carlson was
absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City
Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative
Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented.
Aye:5 Nay:0
RECOMMENDATIONS AND PRESENTATIONS
OATH OF OFFICE — FIRE CHIEF
Mayor Geagan administered the Oath of Office to Michael Scott, the City's new full-time Fire Chief.
PRESENTATION REGARDING EAGAN HURRICANE KATRINA RELIEF EFFORTS
Ken Southorn, Part-tim Emergency Manager, and Communications Director Tom Garrison made a presentation
regarding recent Hurricane Katrina relief efforts in Pass Christian, Mississippi.
CONSENT AGENDA
It was noted that item J regarding the Diffiey Marketplace would be pulled for discussion.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the consent agenda as
amended. Aye:4 Nay:0
A. Minutes. It was recommended to approve the minutes of the March 6, 2006 regular City Council meeting
and the February 13, 2006 special City Council meeting as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Robert Muller as a Parks Maintenance Worker.
C. Check Registers. It was recommended to ratify the check registers dated March 9, 2006 and March 16,
2006 as presented.
D. Tem gM On -Sale Liquor License. It was recommended to approve a temporary on -sale liquor license for
the Eagan Foundation and waive the $150 license fee.
E. Designato Depository- It was recommended to designate Anchor Bank as a depository for City funds.
F. Certificate of Release of Land. It was recommended to approve a Certificate of Release of Land from
Waiver of Objection to Special Assessments.
G. Assistance to Firefihters Grants Program. It was recommended to authorize an application for the
Assistance to Firefighters Grant to cover cost of new radio equipment for the 800 MHz radio system.
H. Qwest Contract Renewal. It was recommended to renew a contract between Qwest and the City of Eagan
for E91.1 PSAP equipment and maintenance agreement.
I. Final Plat. It was recommended to continue action on the Vacation of easements and the Final Plat for
Halley's 2"a Addition to the May 16, 2006 City Council meeting.
J. Pulled for discussion Miffiev Marketplace).
K. Removed from agenda prior to meeting.
L. Tobacco License. It was recommended to approve a tobacco license for Adel Dhanani at 4206 Nicols
Road.
Eagan City Council Meeting Minutes
March 21, 2006
Page 2
M. Donation. It was recommended to accept a donation of $300 from the Eagan Senior Program Advisory
Board for Parks and Recreation.
N. Changes in Fees. It was recommended to approve the following policy change to the Parks and Recreation
Fees and Charges Policy: Allow the charge of'a $50 protest fee to a team that chooses to protest a rule
an eligibility from adult league play.
O. Accept Grant Funding. It was recommended to accept grant funding in the amount of $4,600 from LCTS to
target individuals and families living in low income, high density, isolated neighborhoods.
P. Municipal State Aid Route Designation. tion. It was recommended to approve a resolution requesting the
Minnesota Commissioner of Transportation's approval of the designation of various existing street
segments, and the removal of some currently designated street segments, on the City of Eagan's Municipal
State Aid (MSA) roadway system.
Q. Develoment Acceptance & Maintenance. Authorization. It was recommended to acknowledge the
completion of improvements for City Project No. 05-D (Cedar Bluffs Business Center) under terms of the
Development Agreement and authorize perpetual City maintenance subject to warranty provisions.
R. Proiect 719. It was recommended to approve an Agreement for Preliminary Engineering for Project 719
(Diffley Road and Rahn Road — Traffic Study of Intersection Upgrade) with the Dakota County
Transportation Department and authorize the Mayor and Deputy City Clerk to execute all related
documents.
S. Contract 05-08. It was recommended to approve plans and specifications for Contract 05-08 (Lone Oak
Drive and Lone Oak Parkway — Trail Improvements) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Thursday, April 20, 2006.
T. Claim for Damages. It was recommended to receive the recommendation from the Public Works
Committee, approve the proposed settlement agreement with Henry Jandewerth (1704 Walnut Lane) and
authorize the Mayor and Deputy City Clerk to execute all related documents.
U. Project 918. It was recommended to approve an Easement Agreement for Project 918 (Pilot Knob Road
and Lone Oak Road — Street and Traffic Signal Improvements) with the owners of Parcel 10-18300-010-02
and authorize the Mayor and Deputy City Clerk to execute all related documents.
V. Business Window Signage Task Force. It was recommended to authorize the formation of a Business
Window Signage Task Force and postpone enforcement of Window Sign Provisions of the City Sign Code
pending "Council action on the Task Force Report.
J. Final Plat and Final Planned Development — Diffley Marketplace — Diffley Ventures — A Final Plat of 10.64
acres and a Final Planned Development to allow a commercial retail development including a grocery store,
two multi -tenant retail buildings located on Outlot A, Lexington Pointe Seventh Addition in the NW '/4 of
Section 26.
City Administrator Hedges 4nd Public Works Director Colbert explained that a % access at Diffley Road and a one-
way entrance only access from Daniel Drive was denied by the County's Physical Development Committee at their
March 21 meeting. It was recommended this item be continued until April 4 to allow time to reconsider options.
Councilmember Fields stated she would like Council to meet with representatives of Dakota County to discuss the
access issues.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Final Plat
(Diffley Marketplace) to create one lot on approximately 10.94 acres located south of Diffley Road and east of
Lexington Avenue, legally described as Outlot A, Lexington Pointe 13'' Addition and Outlot A, Lexington Pointe 7s'
Addition, in the NW '/4 of Section 26 to the April 4, 2006 regular City Council meeting. Aye: 4 Nay: 0
PUBLIC HEARINGS
VARIANCE — ROGER AND MARCIA JOHNSON
City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20% maximum
building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove No. 6, located at
1781 Gold Court. City Planner Ridley gave a staff report.
Roger Johnson, applicant, discussed the proposed addition and variance.
Eagan City Council Meeting Minutes
March 21, 2006 DRAFT
Page 3
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Variance to exceed the
20%.maximum building lot coverage by 1% for an addition to the existing home on Lot 20, Block 6, Cedar Grove
No. 6, located at 1781 Gold Court in the NE 1/4 of Section 20. Aye: 4 Nay: 0
PROJECT 874, TH 55 NORTH FRONTAGE ROAD / GIFT O MARY STREET AND UTILITY
IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges, introduced this item regarding the final assessment roll for TH 55 North Frontage Road /
Gift of Mary street and utility, improvements. Public Works Colbert gave a staff report.
Mayor Geagan opened the public hearing.
John Cina, 3402 Highway 55, objected to the assessment to his property stating he would not benefit from the street
improvements. Council explained the senior citizen deferment option for Mr. Cina and suggested he meet with
Administrative Services Director VanOverbeke.
There being no further public comment, Mayor Geagan closed the public hearing and turned. discussion back to
Council.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for
Project 874 (TH North Frontage Road / Gift of Mary — Street and .Utility Improvements) for Parcels 10-3800-070-02
and 10-01200-060-02 and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
OLD BUSINESS
CLARIFICATION FOR HAWTHORNE RIDGE — EXCEL DEVELOPMENT
City Administrator Hedges explained that Excel Development is seeking City Council clarification regarding
restaurant uses in the Hawthorne Ridge strip retail center located at 525 Diffley Road. City Planner Ridley provided
background information.
Several area residents and a representative of Cooper's Restaurant expressed their concerns regarding increased
traffic, lighting issues, and odors should a restaurant be allowed on the site. Other residents stated a coffee or
sandwich shop would be welcome provided traffic did not become an issue.
After discussion, it was the consensus of Council to honor what was agreed to with the neighborhood during the
rezoning of the property from Agricultural to Neighborhood Business and not allow a restaurant on the site. It was
further agreed that the guideline for what defines a restaurant would hinge on the state requirement for a restaurant
license.
NEW BUSINESS
PRELIMINARY SUBDIVISION (GOPHER COMMONS) — GOPHER RESOURCES
City Administrator Hedges introduced this item regarding a.request for a variance to the County's Access Spacing
Guidelines for the proposed Gopher Commons subdivision. City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to request a Variance to
the County's Access Spacing Guidelines for the proposed Gopher Commons subdivision. Aye: 4 Nay: 0
rJ40
Eagan City Council Meeting Minutes
March 21, 2006
Page 4
BORCHERT LANE
NO PARKING
City Administrator Hedges introduced this item regarding a resolution to prohibit parking on the northeast side of
Borchert Lane. Public Works Director Colbert gave a staff report.
Counci ember Fields moved, Councilmember Tilley seconded a motion to adopt a resolution to prohibit parking on
the no east side of Borchert Lane and authorize the Mayor and Deputy Clerk to execute all related documents.
Aye:4 ay:0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges provided an update regarding bonding issues currently being addressed at the State
Legislature.
Councihnember Fields suggested that a letter of congratulations be sent to Congressman Ramstad who was recently
named Congressman of the Year by N.O.I.S.E.
The regular City Council meeting was recessed at 8:10 p.m. and a meeting of the Economic Development Authority
was immediately convened.
The regular City Council meeting was reconvened at 8:45 p.m.
There were no items.
ADMINISTRATIVE AGENDA .
VISITORS TO BE HEARD
A Petition was submitted by a retail owner of Cedarvale shopping Center for a dinner theater, fine arts and
community theater.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 8:50 p.m. Aye: 5 Nay: 0
Date
Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122; (651) 675-5000, (TDD phone: (651) 4544535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
7
MINUTES
SPECIAL CITY .COUNCIL MEETING
MARCH 14, 2006
5:30 P.M.
EAGAN ROOM — EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, and
Maguire. Councilmember Tilley was out of town attending the National League of Cities
Conference.
City staff present: City Administrator Hedges, Assistant to .the City Administrator Miller,
Director of Administrative Services VanOverbeke, Director of Community Development
Hohenstein, Administrative Intern Walz, Public Works Director Colbert, Superintendent of Streets
Struve, City Planner Ridley, Deputy Police Chief McDonald, and Director of Communications
Garrison. City Attorney Mike Dougherty was also present.
I. ROLL CALL AND AGENDA ADOPTION
Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember
Maguire seconded a motion to adopt the agenda.
Aye: 3; Nay: 0 (Councilmember Carlson not yet present.)
II. SIGN CODE / WINDOW SIGNS
City Administrator Hedges introduced the item noting that the Eagan City Code establishes
standards under which signs are regulated within the City of Eagan. Hedges added that in 2005, the
City Council directed the Advisory Planning Commission and staff to study possible changes in the
regulation of temporary signs and additional regulation for window signage. At that time, Hedges
added that information about the proposed changes were distributed by the Chamber to its members.
It was noted that an article about the changes was also included the Eagan Business News
newsletter, and a press release was provided to the local media to highlight the changes in the
regulation of temporary signs and additional regulation for window signage. Hedges noted that the
code amendment was adopted in the summer of 2005. Hedges added that since the changes to the
sign code have gone into affect, the City and the Chamber have received a number of questions and
concerns regarding the implementation of the new regulations for window signage and, therefore,
due to these concerns, members of the City Council directed that a discussion item be placed on
tonight's agenda.
Ruthie Batulis, President of the.Northern Dakota County Chambers of Commerce, as well as
John Curlee of Curlee State Farm, and Buzz Anderson, President of Minnesota Retailers
Association, addressed the City Council with their concerns regarding the window signage changes.
Ms. Batulis made a request of the City Council to consider placing a moratorium on the sign code
changes in order to allow for the formation of a task force to further discuss the proposed changes to
the sign code, particularly with regard to window signage. The three representatives that address
5 �-P'
the City Council also noted the excessive burden that the code changes have placed on Eagan
businesses.
The City Council discussed the concerns voiced by the Chamber of Commerce and business
community. Mayor Geagan also recognized many business owners and representatives in the
audience.
Councilmember Carlson arrived at 5:40 p.m.
Following Council discussion, Mayor Geagan moved; Councilmember Fields seconded a
motion to enact a moratorium on the sign code amendment for a period of 60 days and establish a
task force to include two Councilmembers (Councilmembers Fields and Maguire), two members of
the Advisory Planning Commission, Chamber President Batulis, and four diverse business
representatives within ,the City of Eagan. The recommendations of the task force are to be brought
back within 60 days.
Aye: 4; Nay: 0
The City Council recessed from 6:10 to 6:20 p.m.
The City Council workshop reconvened at 6:20 p.m.
III. BROADBAND OVERVIEW
City Administrator Hedges introduced the item noting that in February 2004 the Eagan City
Council gave direction to form the first Technology Task Force and began examining what Eagan's
citywide Internet connectivity goals could or should be. Hedges added that the 2006 priorities for
the Technology Working Group include reporting back later this spring on recommendations for the
highest and best use for an 11.5 mile conduit route that Eagan owns, determining recommendations
regarding wireless needs, and determining how to attract world class Internet speeds to Eagan.
Lastly, Hedges added that in November of 2005, the City Council approved hiring the consulting
firm of Dynamic City to provide the City and the working group with the specific market and
engineering analysis regarding best use options for the conduit and also to supply expertise about
fiber options that could provide Eagan.world class Internet speeds.
Communications Director Garrison introduced three consultants representing Dynamic City.
Keith Wilson, CEO of Dynamic City, provided a presentation to the City Council on world class
broadband.
Following.Mr. Wilson's presentation, the City Council discussed broadband and Internet
needs within the City of Eagan. Communications Director Garrison noted that the consultants and
the Technology Working Group will be coming back to the City Council with options on how the
11.5 miles of conduit can be used within the City of Eagan.
Mayor Geagan thanked NDC Chamber President Ruthie Batulis for her involvement in the
broadband discussions.
4
IV. WINTER PARKING BAN ORDINANCE
City Administrator Hedges introduced the item noting that at the Council's Listening
Session on January 17, the City Council received a request from several property owners on Eagle
Crest Drive to change the City's current winter parking ban ordinance to rectify a concern they have
with a neighbor's vehicle frequently parked in front of their home. At that time, the Council
referred the matter to the Public Works Committee for further review.
Hedges added that on February 13, the Public Works Committee met with the Petitioners
and reviewed the substantial documentation provided by the impacted homeowners, the current City
ordinances, and parking bans of several other communities.
Public Works Director Colbert, Superintendent of Streets Struve, and Deputy Chief
McDonald provided overviews of the various options available. to the City -with regard to snow
removal and control of on -street parking year-round.
Councilmember Maguire highlighted the discussion that the Public Works Committee had
on the issue.
Deputy Chief McDonald provided an overview of how other cities enforce winter parking
ordinances.
The City Council discussed the concerns of the residents on Eagle Crest Drive as well as the
City's overall enforcement of the winter parking ban ordinance.
An Eagan resident addressed the City Council regarding the issues that he and his wife have
with regard to cars parking in their neighborhood during the winter.
Upon further Council discussion, Councilmember Fields moved; Councilmember Maguire
made a motion to deny a request to change the City's winter parking ban ordinance and noted that if
the residents on Eagle Crest Drive approach the City with solidarity on a parking proposal via a
petition process, then the City Council will consider such a petition.
Aye: 4; Nay: 0
V. ADOPT -A -STREET PROGRAM
City Administrator Hedges introduced the item noting that the City of Eagan currently does
not have a formal program that allows citizens or business groups to provide litter control and
general community cleanup in an organized fashion along our local streets.
Director of Public Works Colbert provided a proposal to the Council fortheir consideration
of adopting such an "Adopt -A -Street" Program for the City of Eagan.
The City Council discussed the proposed program and the cost associated with.
implementing it.
ro
Councilmember Fields moved; Councilmember Maguire seconded. motion to implement
the Adopt -A -Street Program in the City of Eagan, provided that signs placed on the adopted streets
be optional arid, if it is the desire of the group and/or individual to have their name added to a sign;
the sign must be purchased by the group and/or individual.
Aye: 4; Nay: 0
The City Council briefly discussed the most recent snow removal process following over 10
inches of snow that fell this week. Mayor Geagan complemented the City staff for their prompt
work on snow removal.
VI. 2006 LEGISLATIVE PRIORITIES
City Administrator Hedges introduced the item noting that in keeping with the City
Council's past practice, a list of 2006 legislative priorities has been developed for the Council's
consideration. Hedges noted that the priorities included a list of items in which the Council has
taken a formal position. Hedges also added that the priorities presented do not duplicate the efforts
made by the three lobbying organizations to which the City of Eagan belongs.
The City Council discussed the legislative priorities, including proposed legislation
regarding eminent domain. Mayor Geagan thanked Councilmember Carlson for testifying last week
with concerns regarding the eminent domain bill. Hedges noted the potential contractual
implications within existing TIF districts should such legislation move forward. The Council noted
that included in the priorities should be a request that a grandfather clause be added for TIF districts
already established through the State Auditors Office.
The City Council directed that a letter be sent to the City's legislative delegation with the
2006 legislative priorities. The Council also directed that in future years, a meeting be established
with the legislative delegation in advance of the session beginning. The Council also requested that
the legislative priorities be copied to the media.
VII. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION
City Administrator Hedges introduced the item noting that it is the City Council's practice to
meet with its Advisory Commissions at least once a year. City Administrator Hedges introduced
ARC Chair Chuck Thorkildson, who summarized the proposed 2006/2007 goals and workplan for
the ARC. The City Council and the ARC discussed the proposed work plan items, including a
realtor/resident survey to gauge the impact of airport noise on'the community.
The City Council took a short recess from 7:35 to 7:45 p.m.
The meeting reconvened at 7:45 p.m.
The City Council and the ARC discussed the current representation the City of Eagan
receives on the Metropolitan Airports Commission (MAC). The City Council and members of the
ARC noted the impact the airport has on Eagan and thus the need for additional representation on
the MAC. The Council and ARC discussed the merits of the City of Eagan receiving a seat on the
MAC, as well as the possibility of Eagan joining with other communities within the 65 DNL noise
contours to lobby for one of the at -large seats on the MAC that is currently assigned to an out -state
representative.
The City Council concurred with sending correspondence to the City's legislative delegation
regarding representation on the MAC, and suggested that it be noted that the MAC districts need to
be explored for possibleredistricting in the near future to better represent population distribution
and impact of MSP Airport.
Councilmember Carlson suggested that a survey be included iri the Eagan Welcome Packet
regarding how airport noise impacted a resident's decision to purchase a home.
Mayor Geagan thanked the Airport Relations Commission for their work this past year in
preparation of the opening of the new runway.
VIII. OTHER BUSINESS
The City Council and City Administrator Hedges briefly discussed the need to schedule a
workshop and Advisory Commission applicant interviews in the month of April. The City Council
agreed that Commission interviews will take place on April 25, with appointments being made on
May 2, 2006.
At the request of Councilmember Carlson, the City Council agreed that a letter should be
sent to all businesses that are present at the workshop tonight regarding their concerns with the
changes to the sign code. It was noted that.the letter should include a brief summary of the
communications process that was in place when the ordinance was drafted as well as a summary of
the, moratorium and task force that was established at tonight's meeting. The Council also
suggested that when the task force members are appointed, that their names be included on the
City's website. The City Council also requested that the list of communities surveyed with regard to
window signage ordinances be expanded and also that Eagan be included on the survey. .
IX. ADJOURNMENT
Councilmember Fields moved; Councilmember Maguire seconded a motion to adjourn at
8:25 p.m.
Aye: 4; Nay: 0
11
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Utilities Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Steve Evanson as a Utilities Maintenance Worker contingent upon
successful completion of physical, drug and agility testing.
Item 2. Retirement/Administrative Secretary -Police -
ACTION TO BE CONSIDERED:
To acknowledge the retirement of Linda Bendt, Administrative Secretary, in the Police
Department.
FACTS:
• Linda Bendt has been an employee in the Police Department for 23 years.
• The City Council will officially recognize Ms. Bendt at the April 18, 2006 City Council
meeting.
Item 3. Resignation/Water Production Maintenance Worker --
ACTION TO BE CONSIDERED:
To accept the resignation of Jay Morgan, Water Production Maintenance Worker.
/u3
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated March 23, 2006 and March 30, 2006
as presented.
ATTACHMENTS:
Check registers dated March 23, 2006 and March 30, 2006 are enclosed without page
number.
10.
Consent Agenda Information Memo
April 4 2006 Eagan City Council Meeting
D. Adopt Proclamation of National Public Safety Telecommunications
Week/Recognition of Dispatchers
ACTION TO BE CONSIDERED: To recognize the week of April 9-15, 2006, as
National Public Safety Telecommunications Week.
FACTS:
• It has been declared that the week of April 9-15 is National Public Safety
Telecommunications Week..
• The Eagan Police Department currently has 12 dispatchers.
• With the consolidation of all communications centers in Dakota County, this will
be the last year the Eagan Police Department has dispatch employees.
• The City of Eagan recognizes the hard work of the Eagan Police Department
Dispatchers by adopting this week as National Public Safety Telecommunications
Week.
• There will be a reception to recognizes our dispatchers on April 11, 2006, a@
4:00pm in the EOC.
ATTACHMENTS
Attached on pages is a list of weapons
1.5
PROCLAMATION
NATIONAL PUBLIC -SAFETY
TELECOMMUNICATIONS WEEK
APRIL 9-15,2006
WHEREAS, emergencies can occur at anytime that require law enforcement,
fire or emergency medical services, and
WHEREAS, when an emergency occurs, the prompt response of law
enforcement, firefighters and paramedics is critical to the protection of life
and preservation of property; and
WHEREAS, public safety call takers, telecommunicators, and dispatchers are
the first and most critical contact our citizens have with emergency services
and are often considered the community's "first" first responders; and
WHEREAS, 9-1-1 call/taker/dispatchers are a vital link for our emergency
responders by monitoring their activities, providing responders with
information and helping to ensure their safety; and
WHEREAS, call takers and dispatchers demonstrate compassion,
understanding and professionalism during the performance of their job;
NOW THEREFORE BE IT RESOLVED that the City of Eagan.
acknowledges National "Public Safety Telecommunications Week" in honor
of the men and women whose diligence and professionalism keep our city and
citizens safe.
Honorable Patrick Geagan, Mayor
City of Eagan
I (P
Agenda Review Memo
April 4, 2006
Regular City Council Meeting
CONSENT AGENDA:
E. Off -Sale Liquor License and Tobacco License for Diffley Liquor, Inc. (dba
Blackhawk Liquor) located at 4130 Blackhawk.Road
ACTION TO BE CONSIDERED:
Approve an Off -Sale Liquor License for Diffley Liquor, Inc. (dba Blackhawk Liquor)
located at 4130 Blackhawk Road
Approve a Tobacco License for Diffley Liquor, Inc. (dba Blackhawk Liquor) located at
4130 Blackhawk Road
FACTS:
• Diffley Liquor, Inc. is purchasing the current Blackhawk Liquor store at 4130
Blackhawk Road
• Diffley Liquor, Inc. will operate as a corporation.
• The business will continue to operate as Blackhawk Liquor.
• The Police Department has conducted a background investigation and finds no
reason to deny the applications. .
• All fees have been paid and staff deems both the liquor and tobacco licenses in
order for approval.
ATTACHMENTS:
None
(The application and background information is available for review in Administration)
Consent Agenda Information Memo
April 4 2006 Eagan City Council Meeting
F. Police Department Furniture Declared Surplus Property
ACTION TO BE CONSIDERED: Declare Police Department office furniture as
surplus to be disposed of as refuse.
FACTS:
• The police department replaced office furniture that was approximately 20 years
old.
• Other city departments had the opportunity to claim the items for department use.
• The original furniture was dilapidated and would have no value.
ATTACHMENTS
Attached on pages Apoogh is a list of weapons
City of Ea an
POLICE
DEPARTMENT
March 24, 2006
KENT THERKELSEN
Chief of Police To: Lieutenant Duane Pike
JAMES MCDONALD
Deputy Chief of Police From: Lynn Vasquez
Subject: Surplus Furniture
On March 10' the below listed items were removed from the Police Department and
placed in storage at the Maintenance Facility. The list of items needs to be put on
the City Council agenda to be declared surplus property so that it can be disposed of.
Before these items were removed from the Police Facility, other departments were
3830 Pilot Knob Road given the opportunity to claim any items for official use.
Eagan, MN 55122-1897
Phone: 651.675.5700 These are the items were not claimed for reuse and were removed to the Maintenance
Fax: 651.675.5707 Facility:
TDD: 651.454.8535
www.cityofeagan.com OTTY ITEM DESCRIPTION ASSET # CONDITION
4 Chairs, black metal, no arms N/A Poor, worn
2 Chairs, conference style, gray 4269/4282 Poor, worn
PAT GEAGAN 1 Task Chair, wheels, gray 4291 Poor, torn seat
Mayor 1 Computer Desk N/A Good
3 Black metal desk 121 & N/A Poor, chipped
PEGGY CARLSON
CYNDEE FIELDS paint
8 Black metal desk, with return 134/129&N/A Poor, chipped
MIKE EE FIELDS
E
MEG TILLEY paint
Council Members 1 Wood podium, green trim None Good
1 Book shelf, black metal 130 Poor, scratched
THOMAS HEDGES 4 File Cabinet, 4 drawer, metal 1633/176/154 good
City Administrator & N/A
THE LONE OAK TREE
The symbol of strength
and growth in our
community.
I
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
C7 )( SET PUBLIC HEARING DATE FOR MAY 2, 2006
TO CERTIFY DELINQUENT UTILITY BILLS
ACTION TO BE CONSIDERED:
To set a public hearing for May 2, 2006 to consider the final assessment of the delinquent
utility bills and certify them to Dakota County for collection with property taxes.
FACTS:
On a semi-annual basis, the City reviews and considers delinquent utility balances for
certification to property tax statements for collection.
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
CONSENT AGENDA
H. Certification of Delinquent Invoice
ACTION TO BE CONSIDERED:
To set a public hearing for May 2, 2006 and consider the final assessment roll for this `
property
FACTS:
In January of this year the owner of the Shell Station on Cedarvale Blvd was
asked by a representative of our fire department to board up the station after a fire. When
Mr Dyab (the owner of record) failed to do as asked, the city had the work done and
billed him. The owner has not responded to the original bill nor to the reminder sent out
in February.
ATTACHMENTS:
Copy of invoice and attachment as sent to Mr Dyab-2 pages 22r?b
?j
Remit TO:
CITY OF EAGAN
3830 PILOT KNOB ROAD
EAGAN MN 55121
651675-5021
wiling Addma: 119204
BASSIL DYAB
3830 SIBLEY MEMORIAL HIGHWAY
EAGAN, MN 55122
i
INVOICE
2527
Invoice Date
1/27/06
Due Date
WMUN 30 DAYS OF INVOICE DATE
INVOICE Remark Amount
BOARD UP SHELL STATION 410.00
INVOICING CHARGE 10.00
Total Amount Invoiced 420.00
Sales Tax
Total Balance Due 420.00
ro
INVOICEc>'0-0-'3,
I C""C� 1- 19
2808 Cliff Road E. • OFFICE (952) 898-1900
BurnwMe, mm 5833.7 • FAX (932) 895-1914E
To: City of Eagan Invoice No: 05600-9
Invoice Date:_ 11/28/05
re: Shell gas station board up Due Date: Upon Receipt
• After business hours carpenter labor 2 hours @" $130/hour
• Truck and generator charge
4
%01.1315
Balance Due ........................
THANK YOU, for this opportunity to be of service.
RONEL CORPORATION
Tax I.D. No. 41-1550036
Amount
$260.0
$150.00
3410.001
Agenda Memo
April 4, 2006
Regular City Council Meeting
CONSENT AGENDA:
I. Use of Community Center for Miss Eagan Pageant
ACTION TO BE CONSIDERED:
Approve the use of the Community Center at no charge for the. Miss Eagan Pageant
during the 0 of July festivities
FACTS:
•. The 4th of July Committee is planning to continue the Miss Eagan Pageant as part
of the July 4 Festivities again this year
• The Committee is requesting use of the following rooms at no charge:
❖ Large meeting room for gown, speech and talent competition
❖ Three small rooms for girls dressing rooms
❖ One large conference room (upstairs) for Pageant Head Quarters for
paperwork
❖ Lone Oak Room for Judge's interview room
• The requested dates are:
-*o Wednesday, June 28th — 2:00 p.m. —11:00 p.m:
❖ Thursday, June 29th — 2:00 p.m. —11:00 p.m.
• It has been past practice of -the City to allow the 4th of July Committee to use the
Community Center at no charge for this pageant
ATTACHMENTS:
• Attached as pageis a copy of a letter from Chris Kilgaffiff, the Pageant
Coordinator to the City Council
24
Dear City of Eagan Council Members,
The 4 of July Committee is planning to continue the Miss Eagan Pageant as a part of the
July 4 Festivities again this year. The Pageant will be an opportunity ity for young girls 8 to
18 years old to have a role in the July 4 Festivities. The Committee is trying to keep the
cost of the pageant as low as possible. We are again requesting the use of the Eagan
Community Center as the location of the pageant. This would keep all of the 4 of July
activities centered on the Eagan Park and Community Center. We would like the use of
the Center on the following days:
Wednesday, June 28th---- 2:00 PM - 11:00 PM
Thursday, June 29th------ 2:00 PM - 11:00 PM
We are in need of the following rooms:
Large meeting room for Gown, Speech and Talent Competition
3 Small rooms for Girls .dressing rooms
1 Large conference room (upstairs) for Pageant Head quarters for paperwork
Lone Oak Room/Senior Center for Judge's interview room
The 4 of July Committee is requesting that the fee for the rooms be waived for the use of
the Pageant activities.
Since the crowning of the Miss Eagan in July 2004 and 2005 the Queens and Princesses
have participated in many activities in Eagan and the surrounding communities. The
following is a list of the parades and personnel appearances of Miss Eagan.
Eagan 4 of July Parade
Apple Valley 4 of July Parade
Burnsville Fire Muster Parade
Inver Grove Heights Parade
Anoka Halloween Parade
Eagan's National Night Out
Represented Eagan at the Miss Anoka Pageant
Represented Eagan at the Lakeville Pageant
Lakeville Pan O Prag Parade.
West St Paul Parade
Leprechaun Days parade
Thank you for considering our request.
Sincerely,
Chris Kilgarriff
Miss Eagan Pageant Coordinator
115
Agenda Memo
April 4, 2006 City Council Meeting
J. APPROVE ADVERTISEMENT FOR STATEMENT OF QUALIFICATIONS AND
QUOTES (SOQQ) FOR PATRICK EAGAN PARK MASTER PLAN.
ACTION TO BE CONSIDERED:
Approve the advertisement for Statement of Qualifications and Quotes for the development of Patrick
Eagan Park Master Plan.
FACTS:
• The development,of a master plan for Patrick Eagan Park was part of the Council approved CIP for
2006.
• The APrC worked with staff to develop the Statement of Qualifications and Quotes to begin the
search for a consultant to provide the level of detail that will help with the long term goals for the
vision of this park.
• The primary focus for the consultant will be to identify the resources that are contained within the
park, develop a maintenance strategy, define potential opportunities that might be considered by the
city in the.short and long term, and help to create a vision that will allow this park to remain natural
but invite pedestrian access and enjoyment.
• The SOQQ requires a significant amount of public feedback and input which will provide the
Council with a general overview of public opinion regarding this special property.
ATTACHMENTS:
• Copy of SOQQ on pages 21
Patrick Eagan Park Master Plan
City of Eagan
General Notice:
1. The City of Eagan Parks and Recreation Department is requesting
Statements of Qualifications and Quotes (SOQQ) from consultants with
prior experience in evaluating natural resources and developing park
master plans. The proposed project includes completion of a resource
inventory, the creation of a Master Development/Management Plan for
Patrick Eagan Park and development of decision making criteria for
evaluating future open space/park land purchases.
2. Response to SOQQ is due not later than noon on Friday, April 28, 2006 to
the address listed below. Proposals received after this date and time will,
not be considered.
Juli Seydell Johnson, Director of Parks & Recreation,
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
3. Each proposal shall be submitted with six (6) copies in an envelope clearly
marked with the Project's title, "Patrick Eagan Park Master Plan". The fee
quote shall be submitted under a separate, sealed cover using the form
provided by the City of Eagan.
4. Prebid meeting will be held on Tuesday, April 18, 10:00 a.m. at Eagan City
Hall, 2820 Pilot Knob Road.
5. Questions directly relating to any matter contained in this request for
proposal shall be directed ONLY to Juli Seydell Johnson, Director of Parks
& Recreation at 651-675-5500 or isiohnson(W-cityofeagan.com.
21
Purpose:
The goal of this process is to create a plan for an innovative public space that
preserves the natural character of the park while allowing the general public
access to interact with the community and the environmental features of the park.
Introduction:
PATRICK EAGAN PARK
BACKGROUND NARRATIVE
Patrick Eagan Park is the largest tract of City park land in the Eagan system.
Consisting of approximately 114 acres, the park is located in the south center of
the City. The primary access is located on the east side of the park, off of
Lexington Avenue. A number of'informal, user developed accesses also exist,
most often originating from the surrounding residential developments.
Land for the park was acquired by the City of.Eagan, or Eagan Township prior to
1975, through a series of nine acquisitions, the first of which took place in 1972,
the last in 2004.The acquisitions have included two residences, both of which still
exist within the park and continue to be used. 'The Deerwood House on the west
side is currently leased as a residence while the McCarthy House on the east is
used for a variety of very popular studio arts programs. Funding for the
acquisitions has come from a variety of sources including the City,. and State and
Federal grants. A number of the grants have stipulations associated with them
that limit how the park may be improved or used, most being themed around
preservation and low impact.
The use of the property surrounding the park property is highly variable. Large
and small lot residential developments border significant portions of the park.. A
naturalistic, privately owned, "Art, Park" abuts the park on the south end. A City
owned, wooded; ten acre parcel, acquired in 2005 is located at the southeast
corner of the park but is considered as a buffer to the park versus an extension of
it. A large church is located on the Northeast border. The church and City share a
paved parking lot located just north of the existing primary access from Lexington
Avenue. This access point is soon to be eliminated and replaced with an access
that flows directly into the paved lot and is controlled by a four way semaphore
aligned with Northview Park Road.
The character of the park itself can best be described as a steep natural bowl.
The heavily wooded perimeter slopes to a wet land complex located at the
bottom. The wetland complex functions as a significant component of the City
storm water system, serving primarily as a retention basin. The natural inflows
and outflows have been altered by the installation of control structures. The water
quality is highly variable, depending upon climatic conditions. Erodable soils exist
on several of the slopes with a number of active gullies having been formed. The
woodlands are, also highly variable ranging from natural stands of mature oaks to
stands of box elder and elm in areas that had been disturbed. Stands of
coniferous trees that may have been introduced into the park can also be found.
The most recent acquisition included several acres of what had been pasture
land.
Planned improvements within the park have been minimal. A series of natural
surface trails of varying width meander through park and loop the wetlands. The
trails are now used exclusively for hiking. Because of the difficulties associated
with the steep slopes and potential impacts to the narrow trails, attempts at
maintaining cross-country ski trails were' abandoned after several years. A
number of wooden benches and some minimal interpretative signage have been
installed along the trail by various Eagle Scouts.. Maintenance of the park has
mirrored the minimalist approach to improvements being limited primarily to
mowing and clearing the trail corridors and removing hazard and diseased trees.
Attempts to contain the spread of invasive, non-native species have been
accelerated in recent years.
19
Scope of Service
This project contains three sub -projects described below:
1. Natural Resource Inventory and Management Plan
a. Complete an inventory of current natural resources of the site.
b. Develop a natural resource management plan that maintains or
enhances the natural resources found on the site in concert with
the recommendations of the Master Plan.
c.._ Provide a budget of probable costs for recommended ,restorative
work in order of priority.
d. Complete a wetlands delineation for the park..
2. Master Development Plan for Patrick Eagan Park.
a. Plan is to include the following:
L Trail plan, including connection(s) with overall City trail
system.
ii. Vehicle, pedestrian and bicycle entrance and parking area
plan.
iii. Identify interpretive opportunities.
iv. Signage plan including entrance, directional and interpretive
signs.
v. Plan for additional public use amenities including bike racks,
rest stations, benches, and. public art.
vi. Recommendation regarding continued sharing of park area
with Eagan Art House and possible expansion by Art House.
vii. Recommendation regarding other potential buildings/uses
for eastern portion of site.
viii. Provide a budget of probable cost for construction or
recommended improvements.
b. Assessing Community Needs — At minimum, consultant will
conduct the following meetings:
L Background/tour with City staff.
ii. Individual meetings with up to four stakeholders/neighbors:
Eagan Art House, Friends of Patrick Eagan Park, Caponi Art
Park Board, and other nearby land owners.
iii. Two public forum/input meetings — one before concept is
developed and one to present draft concept.
iv. Workshop with Eagan Advisory Parks and Recreation
Commission and City Council.
v. Presentation of Plan to joint APrC/City Council Workshop.
c. Provide an artist's rendering of the site including elevations of
typical structures/public areas..
50
d. Develop criteria and process for evaluating and prioritizing potential
park land additions based upon how the acquisition may benefit the
overall park system. Specific properties will not be identified at this
time.
L Meet with the APrC in a workshop setting to discuss and
develop criteria/system.
1. Rating of parcels being considered for open space.
2. Rating of parcels being considered for active park
space.
3. Rating of parcels being considered for a park -related
easement.
ii. Research and present examples from other communities.
31
Schedule:
Tentative Milestones
SOQQ Discussed at APrC March 20, 2006
SOQQ APrC Recommendation to Council March 20, 2006
SOQQ Council Approval April 4, 2006
SOQQ Sent to Prospective Firms Week of April 4, 2006
SOQQ Advertised April 8 & 15, 2006
SOQQ Due Date Noon, April 28, 2006
Evaluations of Proposals May 1-3, 2006
Interviews May 10, 2006
Consultant Award Date May 16, 2006
Public Meetings June -August 2006
Completion of Project Fall 2006
a70.
Response Content
Please include the following information in this order:
Cover Letter/Title Page
• Include a brief summary of the SOQQ, the name of the firm, local address,
telephone and fax number, name of the primary contact person, and the
date.
Table of Contents
• Include a clear identification of the material by section and page number.
Consultant Profile
• Please include the areas of general services and/or technical expertise of
the firm.
• Include qualifications of the firm as it relates to the specific services to be
provided.
• Include.same profile information for any sub -contracting firms included in
project team.
Qualifications - Resumes
• Include the qualifications and resumes of key personnel to be assigned to
this project. (Note that key personnel .may be requested to attend
interview.)
• Identify project manager for.this project.
,• Provide information regarding the proximity and accessibility to the site for
all personnel to be used on the project.
Qualifications,- References
• Please include a narrative description of municipal and private clients
where similar services were or are currently being provided by staff
identified in Resumes. Also include the name and telephone number of a
person who may be contacted at each agency. Please limit each example
to one page.
Qualifications —Procedure
• Describe your firm's approach to preparing the products described in the
Scope of Services.
• Submit in graphic and narrative form, a proposed project schedule relative
to your ability to meet the schedule as outlined, together with possible
revisions you feel necessary. Explain variations in time schedule, if any.
Other
• You may include a maximum of one page of additional information not
included above if you feel it may be useful and applicable to this selection
process.
ZZO)
• You may include one full example of a completed Park Master Plan that is
similar in scope to this project.
Quote - Fees
• Under separate, sealed cover, provide a quote for each project area on
the quote sheet included with this packet. Include fees for staff, related
billable hours, materials, travel, photography, research (including copying
and related materials), and a total "not to exceed" cost.
Selection Process
Process: The selection process of a design firm will follow these basic steps:
1. Receipt and review of statements of qualifications
2. Narrow selection to three to five firms
3. Interviews with best qualified firms
4. Ranking of the top firms to identify the best qualified firm
5. Recommendation by the Advisory Parks Commission to the City Council to enter
into a contract with the selected firm.
6. Negotiation with the top ranked firm for scope of serviceJees.
Criteria: Criteria to be used by the City in evaluation of proposals will include the
following:
1. Professional abilities of the design
2. Relevant project experience of the design firm
3. Qualifications of personnel to be directly involved with this project
4. Working relationship of design firm with previous clients
5. Quality and relevance of example(s) provided in proposal and interview.
6. Responsiveness of proposal to program and timeframe outlined in this request
for SOQQ
7. Current and projected workloads that might affect the firm's ability to perform the
required work on schedule
8. Specialized qualifications of the design firm
3U
Statement of Qualification Evaluation Criteria:
Submittal of SOQQ and review of responses by City staff and the City Council is
meant to determine which firms may be interested and qualified to perform such
services. The review does not obligate the City toward award of any contract or
retention of services.
SOQQ ETHICS
Proposing firms and their representatives are prohibited from contacting
any elected or appointed official for purposes of lobbying to secure a
potential contract.
No elected official or employee of the City who exercises any responsibilities in
the review, approval or implementation of the SOQQ or potential subsequent
contract shall participate in any decision, which affects his or her direct or indirect
financial interest.
It is a breach of ethical standards for any -person to offer, give, or agree to give
any City employee or Council person, or for any City employee or Council person
to solicit, demand, accept, or agree to accept from. another person or firm a
gratuity or an offer of employment whenever a reasonable prudent person would
conclude that such consideration was motivated by an individual, group or
corporate desire to obtain special, preferential, or move favorable treatment than
is normally accorded to the general public.
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.
To remove any potential or actual conflict of interest, a Regular or Specialty
consultant representing any private party client submitting a project or activity to
the City shall not represent or review the project or activity on behalf of the City.
The firm shall not accept any private client or project which, by nature, places it in
ethical conflict during its representation of the City of Eagan.
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.
ACCEPTANCE/ REJECTION OF PROPOSALS
Proposals may not be withdrawn for 60 days after the receipt of proposals
without the consent of the City of Eagan. The City of Eagan reserves the right to
accept any proposal, to reject any or all proposals, to waive irregularities and
information in the proposal procedure, and to act in its best interest. An SOQQ
does not commit the City to award contract or share in any expenses of
515
preparing these proposals, including travel expenses related to the proposal
process.
AFFIRMATIVE ACTION
The City, of Eagan, Minnesota, has adopted a policy that it will not discriminate in
employment practices on the basis of race, color, creed, religion, sexual
orientation, 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 andhandicapped persons into its employment; and
that it will transact business only with firms who have adopted similar non-
discriminatory and affirmative action policies.
DISPOSITION OF RESPONSES
All materials submitted in response to this SOQQ will become property of the City
and will become public record after the evaluation process is completed and an
award decision made. If the Responder submits information that it believes to be
trade secret materials as defined by the Minnesota Government Data Practices
Act, Minn. Stat. § 13.37, the Responder must:
• Clearly mark all trade secret materials in its response at the time the
response is submitted,
• Include a statement with its response justifying the trade secret designation
for each item, and
• Defend any action seeking release of the materials it believes to be trade
secret, and indemnify and hold harmless the City, its agents and employees,
from any judgments or damages awarded against the City in favor of the party
requesting the materials, and any and all costs connected with that defense.
This indemnification survives the City's award of a contract. In submitting a
response to this RFQQ, the Responder agrees that this indemnification
survives as long as the trade secret materials are in possession of the City.
The. City is required to keep all the basic documents related to its contracts,
including the submitted SOQQ for a minimum of seven years.
The City will not consider the prices submitted by the Responder to be
proprietary or trade secret materials. .
Contents of SOQQ responses are private data until City Council takes action.
CITY OF EAGAN INFORMATION
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 and general administrative functions.
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, and all Council members are elected at
large for four-year terms.
Cily Administrator
The City Administrator reviews and coordinates all matters coming before the
City Council. He is responsible for the implementation of Council direction and
coordination and management of 'City departments on. a daily basis.
Advisory Parks & Recreation Commission (APrC)
The Eagan Advisory Parks Commission is an eleven member citizen's
commission appointed by the City Council. The commission reviews all
residential development proposals for park dedication requirements, reviews
recreational programs and. activities and determines long-range planning.
objectives for park acquisition and development.
Ci Staff
The City Administrator implements Council directions through the Department
Heads of six (6) City departments. For purposes of this proposal, the primary
department shall be Parks & Recreation.
Parks and Recreation Department
This department consists of forty (40) full-time employees and three hundred
(300) seasonal and part-time staff. This department oversees public recreational
programs and events, 54 parks totaling 1365 acres, the Eagan Civic Arena,
Cascade Bay Aquatic Facility, and the Eagan Community Center..
31
Agenda Memo
April 4, 2006 City Council Meeting
K. APPROVE PROFESSIONAL. SERVICES AGREEMENT WITH OUTDOOR
ENVIRONMENTS INC AND GOLFGREENS OF MINNESOTA TO DESIGN PLANS
AND SPECIFICATION FOR A MINIATURE GOLF COURSE WITHIN CASCADE BAY
AND AUTHORIZE STAFF TO OBTAIN COMPETITIVE BIDS FOR CONSTRUCTION
OF PROJECT.
ACTION TO BE CONSIDERED:
Approve the professional services agreement with Outdoor Environments Inc and Golf Greens of
Minnesota to develop plans and specifications for a miniature golf course within Cascade Bay and
authorize the Mayor to sign the appropriate documents.
FACTS:
• The City Council first reviewed the conceptual idea and design for a 9 -hole miniature golf course
within Cascade Bay on January 17, 2006.This is a unique proposal because the course will be
constructed with all artificial turf.
• Based on the initial construction cost estimate and projected revenue the Council directed staff to
pursue the proposal with the expectation that this amenity could be incorporated in time for the
2006 Cascade Bay season.
• Staff has worked to develop more detailed costs, operational procedures, and details of how this
amenity can capture guests to Cascade Bay during their regular season. In addition a plan is in
place to allow the operation of the golf course later in the evening after the water park is closed and
past the Cascade Bay Labor Day season in order to expand the playability of the course.
ATTACHMENTS:
• Professional Services Agreement and Plans and Specifications will be sent out Monday
Agenda Memo
April 4, 2006 City Council Meeting
L. APPROVE CONCESSIONS FOOD AND SUPPLIES CONTRACT FOR PARKS
AND RECREATION CONCESSIONS OPERATIONS.
ACTION TO BE CONSIDERED:
Approve the selection of Vistar as the primary concessions food and supplies provider for concessions
operations at Cascade Bay, Civic Arena, Eagan Community Center and Northview/Lexington-Diffley
athletic facilities from May 200¢ through April 2007 and direct staff to prepare the appropriate contract
for the Mayor's signature.
FACTS:
■ In an effort to maximize revenue potential and consolidate the overall concessions operation staff has
been working on an extensive analysis of product mix and pricing at all concession venues.
■ That analysis led to the Council recommendation that an RFP be developed to solicit bids from
vendors to provide these services.
■ Approximately 14 RFPs were distributed with a response deadline of March 24.
■ Staff reviewed the five submissions and compared each proposal to the established criteria.
■ After extensive examination it appears to be in the best interest of the consolidated concessions
operation to enter into an annual contract with Vistar.
ATTACHMENTS:
• Analysis of bids attached on pages��
me
Delivery
Order Lead
Minimum
Other
Prices
Company
Das
Time
Order
Charges
Guaranteed?
Other Notes & Restrictions
Through 4-30-
07 unless there
Monday,
None, if
is a
Wednesday
On -Line; 24
primary
manufacture
Vistar
& Friday
hour prior
distributor
price increase.
Free pick-up at Maple Grove Warehouse
Fuel
Noon on
Surcharge
1 st Line Group
Friday
Thursday
$150.00
$2.75/order
5:00
$25/order if
1 x per
preceeding
Avg 20 cases
below
US Foodservice
week
day
& $500
minimum
$12/order if
below
3:00
minimum Fuel
Monday &
preceeding
Surcharge
Most equipment needed to serve their products is
Watson Company
Thursday
da
$150.00
$5/order
provided for free.
30 day notice
1 x per
5 cases or
1$350/location
given for price
Can provide bids for many items not included on
Hawkeye
week
increases.
their bid once quantities are identified.
Combined Operations Concessions List
US Foodservice
1st Line G
Hawk
Watson Company
Vistar
Airheads-.55oz
Ind Price Case Price Ind Price
Case Price
$0.129
Ind Price Case Price Ind Price Case Price
$11.590 $0.120 $4.180
Ind Price I Case Price
$0.640 $7.680
Lowest Ind 4.$$12-550
$0.120
Animal Crackers - 2 oz
$0.260
$12.550
$0.193
$19.300
$0.910
$21.830
- $0.220
$12.900
$0.193
1 oz
1.5 oz 100
d
$0.640
$77.090
$0.640
$16.250
Beef-1 oz $0.6771 $16.250 $0.740 $17.780
.left
Black Fore Sour Glo-Worms - 3.5 oz
$0.690
$8.280
$0.540
$25.810
$0.540
$8.280
Cheetos - 2.13 oz
$0.330
$19.560
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Cherry Fruit Snacks - 3.5 oz
$0.350
$4.200
$0.310
$14.910
$0.310
$4.200
Chips Ahoy Cookies -1.25 oz
$0.440
$21.350
$0.325
$15.580
$0.380
$4.590
$0.260
$15.340
$0.260
$4.590
Choco Taco - 4.0 oz
som)oj
$20.310.
$0.580
$13.940
$0.580
$13.940
Doritos Cool Ranch -1.75 oz
$0.380
$22.520
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Doritos Nacho Chips -1.75 oz
$0.380
$22.520
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Fruit Snacks - 2.5 oz
$0.294
$14.130
$0.350
$4.200
$0.320
$15.200
$0.294
$4.200
Sbwwberry
only
Goldfish -1.5 oz
$0.140
$43.000
$0.227
$16.320
$0.210
$15.220
$0.140
$15.220
.75 oz
Hulls Snack Pack Butterscotch Pudding -4.0 oz
$0.500
$24.170
$0.351
$16.860
$1.440
$0.280
$13.240
$0.280
$1.440
3.5 oz, 4 ct
Hunts Snack Pack Chocolate Pudding - 4.0 oz
$0.540
$26.130
$0.351
$16.860
1
$1.440
$0.280
$13.240
$0.280
$1.440
3.5 oz, 4 ct
Hunts Snack.Pack Vanilla Pudding - 4.0 oz
$0.351
$16.860$1.440
$0.28.0
$13:240
$0.280
$1.440
'
3.Soz,4d
KM Kone - 4.6 oz
$0.740
$17.740
$0.740
$17.740
Kit Kat (designate size
$0.473
$17.010 $0.4441
$15.980
$0.420
$15.120
$0.400
$128.900
$0.400
$15:120
1.5 oz
36 ct
Kraft Cheese & Cracker
$0.360
$5.350
$0210
$21.430
$0.210
$5.350
Lally T (designate size
$0.170
$4.090
$0.700
$8.390
$0.170
$4.090
Lays Regular -1.5 oz
.$0.380
$22520
$0.425
$25.480 $0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Lays Sour Cream & Onion -1.5 oz
$0.380
$22.520
$0.425
$25.480 $0.311 -
$18.650
$0.300
$17.980
$0.300
$17.980
Lollipops Assorment
$0.016
$23.120
$0.310
$44.650
$0.020
$23.510
$0.016
$23.120
1450 ct
M & M Peanut -1.69 oz
$0.531
$25.500 $0.4401
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
M & M Plain -1.69 oz
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
Milk Duds Theater - 5.0 oz
-
$0.710
$8.530
$0.690
$16.520
$0.690
$8.530
Mini Oreos Cookies -1.25 oz
$0.360
$17230
;$0.340
$15.580
$0.380
$4.590
$0.280
$15.770
$0.260
$4.590
Nerds R (designatesize
$0.642
$15.400
$0.420
$10.080
$0.400
$114.580
$0.400
$10.080
.92 oz
1 oz
Nutter Butter -1.9 oz
$0.320
$15.320
$20.380
$0.380
$4.590
$0.250
$15.000
$0.250
$4.590
Old Dutch BBQ -1.5 oz
$0.380
S
1
1 $0.311
$18.650
$0.440
$17.810
$0.270
$10.740
$0.270
$10.740
Old Dutch Cheez Puffs -1.5 oz
$0.440
$0.270
$10.740
$0.270
$10.740
Old Dutch Com -1.5 oz
$0.380
$22.520
$0.311
$18.650
$0.440
N$17.810
$0.300
$17.980
$0.300
$17.810
2k�60ctOld
Dutch Crunchy Curls - 2.13 oz
$0.311 -
$18.650
$0.440
$0.270
$10.960
$0.270
$10.960
Old Dutch Dill -1.5 oz
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Pretzels - 2.13 oz
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Regular -1.5 oz
$0.380
$22.520
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
Old Dutch Sour Cream -1.5 oz
$0.380
$22520
$0.311
$18.650
$0.440
$17.810
$0.270
$10.960
$0.270
$10.960
$0.350
$4.200
Orange Fruite Snacks - 3.5 oz $0.350 $4.200
Oreo Cookie Sandwich - 3.5 oz
$0.325
$15.580
122.5 oz
$0.870T
$20.980
$0.325
$15.580
2414.2 oz
Planters Tube Cashews -1.5 oz
$0.700
$12.560
$0.330
$48.000
$0.330
$12.560
Premium Cookie Sandwich - 4.5 oz
$0.235
$28.170
$0.730
$17.590
$0.380
$9.080
$0235
$9.080
Reese Pieeces (designate size
$0.555
$19.960
$0.420
$15.120
$0.400
$128.900
$0.400
$15.120
1.53 of
1.53 oz
Resses (designate size
$0.5551
$19.980
$0.456P$29.890
16.380
$0.420
$15.120
$0.400
$128.900
$0.400
$15.120
1.5 oz
1.5 oz
Rice Kri Treats -1.3 oz
$0.410
$33.020
$0.371
$0.390
$7.870
$0.330
$26.450
$0.330
$7.870
Ring Po
$0.338
$13.960
$0.280
$10.110
$161.030
$0.280
$10.110
Skittles Original - 2.17 oz
$0.555
$25.880
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400
$15.120
Snickers - 2.07 oz
$0.539
$25.880
$0.440
$21.100
$0.420
$20.160
$0.400
$152.770
$0.400
$20.160
Starburst (designate size
$0.555
$19.980
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400.
$15.120
Sun Chi -1.5 oz
$0.360
$21.480
$0.311
$18.650
$0.300
$17.980
$0.300
$17.980
Sunflower Seeds -1.75 oz
$0.460
$5.510
$0.220
$16.160
$0.220
$5.510
Super R - 2.0 oz
$0.440
$13.250
$0.430
$103.230
$0.430
$13.250
Twix desi size
$0.443
$15.940
$0.420
$15.120
$0.400
$143.230
$0.400
$15.120
Twizzlers - 6.0 oz
$0.660
$39.350
$0.630
$38.060
$0.630
$38.060
Whoopers - 275 oz
$0.550
$26.230
$0.530
$25.290
$0.530
$25.290
Cheeseb -5.75 oz
$0.553
$24.880
$1.9601
$23.590
$1.270
Boni=
$15.220
MEM
$0.553
$15.220
5.33 oz 45
d
12ro.25 oz
Chicken N(designate sae
$16.800
$0.057
$14.200
$10.030
-$80.230.18/.07
49.63 / 17.19
$0.057
$14.200
.64 oz 250 ct
613 Itis
1.2 / 6 oz
French fries 5/16" - 5 lbs
$0.030
$12.830
$0.373
$11.200
$13.880
3.9151b
$23.390
$0.030
$11.200
Funnel Cake des' sae
$0.338
$16.210
$18.370
$0.820
$39.460
$0.338
$16.210
5 inch, 48 count
Hot Dog Buns
$0.160
$11.080$0.131
$18.960
$18.740
$0.920
$13.760
$0.131
$11.080
Hot -6/1 all beef (designate sae
$0.380
$22.610
$0.428
$25.680
$0287
$17.200
$0.420
$25.300
$20.810
$0.287
$17.200
60 ct
6x1 101b
10 Ib
jalapeno P - 4 Ibs
$0.260
$60.190
$3.734 $59.740
$62.070
$59.240
$0.2601
$59.240
Mozzarella Sticks - 4 lbs
$0.150
$57.750
$0.134 $52.720
$81.770
$39.120
$0.134
$39.120
Nacho Cheese -14 oz ba
$0.080
$44.650
$0.080 $44.750
$29:580
$38.280
$9.050
$36.200
$0.080
$29.580
Natio Chi - 3.0 oz
$0.6021 $20.090
$0.219 $8.760
$0.450
$16.350
$0.200
$8.170
$0.200
$8.170
Onion Rin (designate size
$0.110
$18.210
$1.406 $33.750
$28.470
$29.980
$0.110
$18.210
122 Ib
6/2.5 Ib
82 lbs
Popcorn (designate size
$0.4001
$9.520 .6771.792119.00 24.36119.00128.07
$0.3601 $13.260
$21.100
$0.340
$12.150
$0.340
$9.520
micro 3.5 oz
Comes in 3 sizes: 8, 10.6 16'oz
3.5 oz 36 d
e oz
Popcorn Chicken (designate size
$0.170
$27.430
0.1411.036 2255163.15
$22.650
$23.230
$0.170
$22.650
65 Place per
#
10 Ib or 615 lb 1740 d
2f5 lbs
Pretzels - 5 oz
$0.420
$21.110
$0.492 $24.620
$0.402 $20.120
$21.470
$0.390
$19.410
$0.390
$19.410
Apple Sauce - 4 oz
$0.3101
lffi��
$22.670
ME
$0.232 $16.670
$0.330
$23.860
$0.232
$16.670
Broccoli - 3 lbs
$6.370
$2.200 $6.600
$2.200
$6.370
Carrots - 4 lbs
$4.550
$0.370 $2.220
$0.370
$2.220
Cel - 5 lbs
$10.040
$0.575 $3.450
$0.575
$3.450
Dannon Light & Fit Smoothies (designate size
$0.750
$8.970
$0.658 $7.900
$0.658
$7.900
6o
7o7,12d
Fruit -4 oz
$0.433 $15.600
$0.470
$16.830
$0.433
$15.600
Go-Gurt - 225 oz
$0.380
$24.200
$0287 $36.780
$0.330
$41.790
$0.287
$24.200
Jello Cu (designate size
$0.303$14.560
$0.630
$0.470
$16.8301
$0.303
$14.560
3.5 oz, 48 d
3 oz
4.3 oz
Lunchables - 3.5-4 oz
$1.5201
$1.520
$1.170
$18.730
$1.170
$1.520
4.5 oz
String Cheese -1 oz
$0.270
$43.940
$0.173 $16.650
$0.350
$8.370
$0.300
$47.640
$0.173
$8.370
Tomatoes
j
$13.610
$1.008 $10.080
$1.008
$10.080
Cherry
F
Preed Fresh vegetables (designate size
$0.000
$0.000$0.000te
5#
MEMBEEMENIMMEMEM
Hard Ice Cream -12 gallon
See bid sheet
$0.000
$0.000
Hard Ice Cream -1 gallon
$14.250
$0.000
$14.250
ZS OT
Hard Ice Cream - 3 gallon
$13.770
$13.500
$17.950
$0.000
$13.500
Prices increase with flavor
BJ Cherry Garcia Ice Cream P - 4 oz
$1.370
$16.460
$1.370
$16.460
BJ Half Baked Ice Cream Bar - 4 oz
$1.3701
$16.460
$1.370
$16.460
BJ Vanilla Almond Peace Po -4 oz
$1.3701
$16.460
$1.370
$16.460
Champ Caramel Cone - 4.6 oz
$0.510 $12.250
$1.370
$16.460
$0.520
$12.390
$0.510
$12.250
Chips Galore - 4.5 oz
$0.522 $12.520
$0.530
$12.670
$0.522
$12.520
$0.000
$0.000
D" in Dots - 3.5 oz
Dove Almond Mlk Chocolate LIC Bar - 4 oz
$0'000
$0'000
f.
Giant Vanilla Sandwich - 3.5 oz
$0.245 $11.760
$0.500
$11.880
$0250
$11.930
$0.245
$11.760
Ice Cream Cu - 4 oz
$0241 $11.580
/Available I special
order
$0.250
$11.930
$0.241
$11.580
Ice Cream Noveldes describe
Novelties list on bid sheet Novelties list on bid sheet
Novelties list on bid sheet
$0.000
$0.000
Ice Cream Sandwiches - 3.5 oz
$0.500
$11.880
$0.500
$11.880
Lids -a -Color Big Stick - 3 oz
$0.270
$12.830
$0.380
$9.200
$0.270
$9.200
Oreo Cookie Sandwich - 4 oz
$0.870
$20AW
$0.870
$20.480
Premium Cookie Sandwich - 4.5 oz$0.730
$17.590
$0.530
$12.670
$0.530
$12.670
Snicker's "Big One" VC Bar - 4 oz
$1.340
• $16.040
$1.340
$16.040
12!5.6 oz
Strawberry Shortcake Bar -4.25 oz
$0.244 $11.730
$0.610
$14.540
$0.420
$10.110
$0.244.
$10.110
Cake Cones (designate size
$0.0501
$28.670
$0.043 $25.960
$0.060
$37.550
EM NONE=
$0.100
MEMM
$38.540
$0.043
$25.960
Cookie Dough - 2 oz
4S oz'
$0.210 . $37.100
6/100 ct
$0.216 W.5.950
$0.280
$50.850
$0.220
$31.320
$0.210
$25.950
Cotton Candy - 3.25 lbs
2.25 oz
1
$3.900
$3.900
$3.460
$20.740
$3.460
$3.900
Waffle Cones (designate size)
$0.190
$38.300
$0.165 $43.560
$55.700
$0.190
$37.780
$0.165
$37.780
- .75 oz
12!22 ct
Assorted Coffee &Tea Pods
$D-500
$80.570
List on bid sheet
List on bid sheet
$0.500
$80.570
C - 2 lbs
$52.840
$7.690
$46.150 $3.068 $36.820
$7.370
$44.230
List on bid sheet
$3.068
$36-820
6/21b
-
Coffee (designate size
$0.957
$76.530 $8.663 $51.980
$0.590
$25.000
List on bid sheet
$0.590
$25.000
1.5 oz 80 ct
39 oz, 6 d
42/1.3 oz
Gatorade - 20 oz
$0.762 $18.300
$0.760
$18.140
$0.610
$14.520
$0.610
$14.520
Hot Chocolate -1 oz
$0.1301
$38.860
$0.099 $29.780
WAN
$9.500
$0.130
$38.750
W.099
$9.500
Milk -12 oz
$0.770
$9.260
$0.763 $9.160
$0.940
$0.760
$9.150
$0.760
$9.150
$0.000
Povmrade - 20 oz
Skish(designate size
$0.028
$72.000
1116.43
/ 97.52
$106.250
$0.028
$72000
3 gal. 2534 oz
5 gel BIB
BE= MINE=
Mm
Madnara-6lbs
$0.030
$23.180
$0.037 $23.340
$27.130
$38.750
$0.030
$23.180
BBQ Sauce - 1 oz
$0.100
$9.990
$0.137 $13.680
$0.120
$11.730
$0.060
$12.530
$0.060
$9.990
Creamer - 314 oz
$0.040
$12.780
$0-032 $11.640
$0.030
$22.400
$0.030
$26.810
$0.030
$11.640
Honey Mustard -1 oz
Liquid Shelf Stable
$0.1301 $13.140
$0.135 $13.480
$0.100
$19.310
$0.1701
$17.360
$0.100
$13.140
Ketchup -16 oz & Bulk
0.69 / 4.27 16.55 / 25.62
$0.476 $11.420
$4.880
$29280
$1.170
$27.960
$0.476
$11-420
Mustard - 55g & Bulk
.0213.28
11.70/19.67
'0095/.01514.7617.9
$3.690
$22150
$0.860
$13.780
$0.860
$13.780
500 pids or 411 get
Ranch -1 oz & Bulk
2218.55
13.07134.20
.142 / .044 114.20122.34
$0.150
$14.720
$0.140
$14.060
$0.140
$14.060
100/1 oz or 4/1 gal
Sugar individual packets)
$0.005
$10.5101
$0.005 $9.400
$0.007
$14.200
$10.
$0.005
$9.400
Sweet & Sour Sauce -1 oz
$0.110
$10.6601
$0.124 $12.400
$0.160
$15.560
$0.110
$11.390
$0.110
$10.660
Souffl§ Cup - 2 oz
$0.010
$32.650
$0.012
$29.640
$0.020
$36:600
$0.010 $36.000
$0.010
$29.640
Foil Sheet
$0.020
$59.310
$0.026
$63.840
$0.020
$6.910 $82950
$0:020
$59.310
9x10 inch
Gloves
$0-020
$24.830
$0.029
$28.860
$10.310
$0.050 $18.140
$0.020
$10-310
Hot Dog Tray (design size
$0.0101
$44.300
$0.026 $12.940
$0.010
$41.740
$0.010 $33.270
$0.010
$12.940
8 inch
8 Inch, 500 ct
Nacho Cheese T desi a size
$0.030
$27.490
$0.120 $59.930
$0:092
$91.800
$0.070
$32.780
" $0.020 $31.660
$0.020
$27.490
2#?
5x6 inch, 500 ct
1000 ct
5x6 inch
Na ns (designate size
'
$0.007
$43.310
$0.009 $54.950
$0.004
$32.470
$0.008
$49.830
$40.350
$0.004
$32.470
13x17 inch, 6000 ct
8000 ct
Paper Towels
$0.810
$24.270
$0.009
$27.750
$0.007
$27.970
$0.920 $27.570
$0.007
$24.270
P Plates small & la
$0.030
$32.760
.0097 / .014 9.68/ 17.12
$0.020
$16.630.021.01 16.47 / 8.88
$0.020
$16.630
9 inch
6 and 9 inch
9 inch
9 and 6 inch
Beverage Cu -16 oz & 32 oz
.03/.07 27.55 / 34.90
List on bid shoat
$0.000
$0.000
Popcom Cu - 32 oz & 46 oz
.114/.261 113.82178.25
$0.100 $103.630
List on bid sheet
$0.100
$103.630
2 cup sizes 46 oz 1000 ct & 85 oz 300 ct
Popcorn Box alt
.061.087 130.05143.43
$0.110
$55.050
$0.110
$55.050
2 box sizes 1 and 1.5 oz with 500 ct
Sandwich B (designatesize
$0.011
$22.600
$0.030 $14.180
Silverware Plastic
$0.010
$13.610
$0.011
$11.060
$29.010
$0.010 $14.760
M$14.180
Stix
$0.010
SSi
$13.610
$0.001-
$13.560
$1.600
$9.470
Straws
$0.007
$84.310
.005 / .006 9.88 /39.76
$61.210
35.95139.47
..
Unwra and Wra
Unwrap and Wrapped.
StyTofbam Cu - 8 oz
$0.010
$13.870
$0.0131
$13.250
$0.020
$17.330
$0.040i $41.590
$0-010
$13.250
Wax Paper Sheets
$0.010
$6.210
$0.105
$62.980
$0.040
$40.230
$38.590
$0.010
$6210
Severacie Cup Lids -16 oz & 32 oz
$36.8601
List on bid sheet
$0.000111
$36.860
Consent Agenda
April 4, 2006 City Council Meeting
M. APPROVE CHANGES TO THE 2006 FEES AND CHARGES PERTAINING TO
PARKS & RECREATION.
ACTION TO BE CONSIDERED:
To approve the following policy change to Parks & Recreation Fees and Charges Policy:
1. To allow the charge of a $175 mobile play wagon rental fee for residents who wish to
rent the self contained mobile entertainment center for a party or special event.
2. The allow the charge of a $200 mobile play wagon rental fee for non-residents who wish
to rent the self contained mobile entertainment center for a party or special event.
FACTS:
• A mobile play wagon is used as a puppet wagon at different parks and special events
throughout the summer. Puppet shows take place on weekday mornings throughout
June, July and August.
• A fee based rental program would be available to residents and non residents for
evening neighborhood parties, birthday parties or special events.
• Parks and Recreation Staff will transport the mobile wagon to a park, residence or
place of business upon paid reservation.
• Staff would perform a "customized" puppet show, work on a craft project and provide
creative movement, dancing and music opportunities for the participants, for one hour
and up to 25 children ages 7 and under.
ISSUES:
• None
ATTACHMENTS:
• None
ME
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
N CONTRACT 06-02, DENMARK AVENUE/ SADDLEHORN/ SUNSET/ TOWN
CENTRE DRIVE/ MEADOWVIEW/ ALEXANDER ROAD
STREET & SIDEWALK IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 06-02 (Denmark Avenue/ Saddlehorn/
Sunset/ Town Centre Drive/ Meadowview/ Alexander Road - Street Improvements) to
McNamara Contracting, Inc., for the base bid in the amount of $1;158,294.68 (total base bid with
the deletion of Part VI — Proj. 928 Meadowview/ Alexander Concrete Entrance Aprons) and
three alternate bids in the amount of $20,618.45,. and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• The bituminous overlay of the streets in the Saddlehorn/ Sunset/ Town .Centre Drive/
Golfview Drive neighborhoods is programmed for 2006 in the City's 5 -Year Capital
Improvement Program (2006-2010).
• The sidewalk and traffic calming improvement of Denmark Avenue, Wescott Road to
Duckwood Drive, is programmed for 2006 in the City's 5 -Year Capital Improvement
Program (2006-2010).
• The bituminous overlay of Alexander Road and the upgrade of Meadowview Road are also
programmed for 2006 in the City's 5 -Year Capital Improvement Program (2006-2010).
• On October 18, 2005, the City Council authorized the sidewalk and traffic calming street
improvements for Denmark Avenue, from Wescott Road to Duckwood Drive (Project 876).
• On December 5, . 2005, the City Council authorized the street improvements for the
Saddlehorn/ Sunset neighborhood (Project 926).
• On January 17, 2006, the City Council authorized the street improvements for the Town
Centre Drive (Denmark Ave. to Lexington Ave.) and Golfview Drive area (Project 933).
• On February 21, 2006, the City Council authorized the bituminous overlay improvements for
Alexander Road, and the street upgrade improvements for Meadowview Road (Project 928).
• These projects have been combined under . one contract (Contract 06-02), to increase
economies of scale.
• On February 21, 2006, the Council approved the plans and authorized the advertisement for
solicitation of competitive bids for Contract 06-02.
• At 10:30 a.m. on March 30, formal bids were received for this project.
• Three alternate bids were also received for miscellaneous street repair work to improve
drainage and access on Dodd Road, and to improve rideability on Lexington Avenue at its
railroad crossing. Costs for this work would be the responsibility of the City Major Street
Fund and through a cost-sharing agreement with Dakota County for the Lexington Avenue
work.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations. The low base bid, and three alternate bids, from
McNamara Contracting, Inc. have been reviewed by the Engineering Division.
• The 'low bid from McNamara is favorable with one exception. Unit prices received for the
construction of new concrete entrance aprons on Meadowview Road/ Alexander Road (City
Project No. 928) are approximately 60% snore. than the estimated unit prices. identified in the
feasibility report for the project public hearing, and with other contractor bids received.
• In accordance with the City Special Assessment Policy, the 100% of the costs of these new
concrete entrance aprons are assessable.
• City staff will negotiate a change order with McNamara Contracting to reduce the contract
unit prices for the concrete entrance apron work to costs consistent with the amounts
estimated in the feasibility report. If a satisfactory change order cannot be negotiated, the
concrete entrance apron portion of work, separate public bids for the work will be solicited.
• The low base bid, and three alternate bids, from McNamara Contracting,,Inc., has been found
to be in order for favorable Council action, with the deletion of Section VI — Project 928 —
Meadowview/ Alexander Concrete Entrance Aprons from the contract award.
ATTACHMENTS:
• Bid Summary, page.
BID SUMMARY
Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Roads
Street & ,Sidewalk Improvements
City Project No's. 786/ 926/.933/ 928 - City Contract No. 06-02
Bid Date: Thursday, March 30, 2006 Bid Time: 10:30 a.m.
Contractors
Total Base Bid*
Alt. #1
Alt. #2
Alt. #3
1.) McNamara Contracting, Inc
$ 1,263,146.06
$9,218
$4,022
$7,378
2.) Bituminous Roadways, Inc.
$ 1,283,284.05
$6,700
$2,682
$6,605
Proiect 786 — Denmark Avenue Sidewalk & Traffic Calmine Improvements — Base Bid
Low Base Bid $
215,264
Feasibility Report Estimate $
299,700
Percent Under (-) Estimate
-28.1%
Engineer's Estimate $
259,040
Percent Under (-) Estimate
-16.9%
Proiect 926 — Saddlehorn/ Sunset Street Overlay — Base Bid
Low Base Bid $
412,955
Feasibility Report Estimate $
469,790
Percent Under (-) Estimate
-12.1%
Engineer's Estimate $
455,180
Percent Under (-) Estimate
-9.3%
Proiect 928 — Meadowview Ungrade/ Alexander Road Overlay — Base Bid*
Low Base Bid $
386,536
Feasibilit�Report Estimate
$ 279,820
Percent Over (+) Estimate
+38.1%
Engineer's Estimate
$ 297,000
Percent Over (+) Estimate
+ 30.1%
*Includes bid proposals/ estimates for concrete entrance apron work on Meadowview/ Alexander (Proj.
928) not awarded and to be revised via change order, or separate contract
Proiect 933 — Town Centre/ Golfview/ O'Leary Overlay Base Bid
Low Base Bid
$ 229,265
FeasibilityReport Estimate
$ 231,270 .
Percent Under (-) Estimate
-0.1%
Engineer's Estimate
$ 224,700
Percent Over L+) Estimate
+2.0%
Alternate Bid 1— Dodd Rd./McFadeens Trail — Valley
Alternate Bid $9,812
Engineer's Estimate $8,500
Percent Over Estimate 15.4%
Alternate Bid 2 — Dodd Rd. — Dakota Electric Substation Driveway
Alternate Bid $4,022
Engineer's Estimate $3,500
Percent Over Estimate 15.2%
Alternate Bid 3 Lexington Ave. Ccs Railroad Tracks
Alternate Bid $7,378
Engineer's Estimate $6,600
Percent Over Estimate 10.5%
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
O CONTRACT 06-03, MEADOWLAND/ SUNCLIFF/ SILVER BELL ROAD/ ART
RAHN/ HILLANDALE/ WHISPERING WOODS/ SLATER ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 06-03 (Meadowland/ Suncliff/ Silver Bell
Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road Street Improvements), to
McNamara Contracting, Inc., for the base bid in the amount of $659,591.30, and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• The bituminous overlay of the streets in the Meadowland/ Suncliff/ Silver Bell Road/ Art
Rahn/ Hillandale/ Whispering Woods/ Slater Road neighborhoods is programmed for 2006
in the City's 5 -Year Capital Improvement Program (2006-2010).
• On December 5, 2005, the City Council authorized the street improvements for the
Meadowland V'/ Suncliff ?S -5'`/ Beaver Dam Road neighborhood (Project 927).
• On December 20, 2005,, the City Council authorized the street improvements for the Art
Rahn/ Hillandale neighborhood (Project 931) and the Slater Road/ Whispering Woods
neighborhood (Project 932).
• On February 21, 2006, the City Council authorized the street improvements for Silver Bell
Road, from Nicols Road to Kennebec Drive (Project 932).
• ,These projects have been combined under one contract (Contract 06-03), to increase
economies of scale. 11
• Also on February 21, 2006, the Council approved the plans and authorized the advertisement
for solicitation of competitive bids for Contract 06-03.
• At 10:30 a.m. on, March 23, formal bids were received for this project. A copy of the bid
summary is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy on unit
price extensions and summations.. The low base bid from McNamara Contracting, Inc. has
been reviewed by the Engineering Division and found to be in order for favorable Council
action.
ATTACHMENTS:
• Bid Summary, page.
D
BID SUMMARY
Meadowland/ Suncliff/ Silver Bell Road/ Art Rahn/ Hillandale/ Whispering Woods/ Slater Road
$ 86,117
Street Overlay Improvements
City Project No's. 927/ 930/ 931/ 932 - City Contract No. 06-03
Bid Date: Thursday, March 23,.2006 Bid Time: 10:30 a.m.
Contractors
Total Base Bid
1) McNamara Contracting, Inc
$ 659,591
2) Bituminous Roadways Inc.
$ 689,713
3) Northwest Asphalt Inc.
$ 699,134
4) Valley Paving Inc
.$728,709
Ace Blacktop Inc
$ 778,642
6) Hardrives Inc
$ 804,250
Proiect 927 — Meadowland/ SuncliW Beaver Dam Road — Base Bid
Low Base Bid
$ 303,833
-18.6%
Feasibilt ReRort Estimate
$367,260
Percent Under (-) Estimate
-17.3%
- 19.90/,
Engineer's Estimate
$342,960
Percent Under (-) Estimate
- 11:4%
Proiect 930 — Silver Bell Road (Nicols
to Kennebec) — Base Bid
Low Base Bid
$ 72,962
Feasibility Report Estimate
$ 83,430
Percent Under (-) Estimate
-12.5%
Engineer's Estimate
$ 77,800
Percent Under(-) Estimate
-6.2%
Proiect 931— Art Rahn/ Hillandale Additions — Base Bid
Low Base Bid
$ 86,117
Feasibility Report Estimate
$95,290
Percent Under(-) Estimate
-9.6%
Eng_ineer's Estimate
$ 92,140
Percent Under (-) Estimate
-6.5%
Proiect 932 — Whisperine
Woods/ Slater Road/ Slater Acres Base Bid
Low Base Bid
$ 196,680
Feasibility Report. Estimate
$ 241,680
Percent Under (-) Estimate
-18.6%
Engineer's Estimate
$ 245,600
Percent Under (-) Estimate
- 19.90/,
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
P. FINAL PLANNED DEVELOPMENT — LOT 1, BLOCK 1, GRAND OAK FIVE
ACTIONS TO BE CONSIDERED:
To approve a Final Planned Development of 5.4 acres to build a 3 -story, Class A office
building on Lot 1, Block 1, Grand Oak Five in the NE'/a of Section 02.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
i The Grand Oak Five Preliminary Planned Development, gpnroved on April 5th, 2005
provided for a future 100,000 square foot Office building on Lot 1, Block 1.
Interstate Partners is now developing a 3 -story, Class A office building on this lot. The
proposed development is consistent with the Planned. Development Agreement governing
this property.
➢ The Final Planned Development Agreement is signed and in order for approval by the
City Council.
ATTACHMENTS (2)
Location map on page 56.t
Overall Site Plan on page .
51,
Location Map
Eagan Boundary
Parcel Area
Park Area
Building Footprint
Development/Developer. Interstate Partners
Map Pmpemd using ERSI IWc111aw M. Parcel base map dais provided N
by Dakota County Office of 615 and;is euneM as of April 21106.
aIlE
C' of E THIS MAP IS INTENDED FOR REFERENCE USE ONLY
�� The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community DevelepmaM Department not responsible for errors or omissions.
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Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
Q. FINAL PLANNED DEVELOPMENT — LOT 2, BLOCK 1,
SLUMBERLAND ADDITION
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Final Planned Development to construct
a 20,600 sq. ft. retail building located at 1247 Northwood Parkway in the SE'/4 of Section 10.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The Preliminary Planned Development, established in 1999 by Slumberland, provided for
a future retail use.
➢ Goodwill is now developing a 20,600 square foot retail building on this lot. The
proposed development is consistent with the prior Planned Development Agreement
governing this property.
➢ The Final Planned Development Agreement is anticipated to be signed and in order for
execution at the regular meeting of the City Council
ATTACHMENTS (1)
Location map on page
M
In
Development/Developer: Goodwill
Application: Final PD
Case No.: 10 -FD -02-03-06
II 41�Ciiy of Evan
Map Prepared using ERSI AreView 3.1. Parcel base map data provided
by Dakota County Office of Gig and is current as of January 2005.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are
not responsible for errors or omissions.
N
WE
S
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
R APPROVE CORRESPONDENCE TO SUPPORT STATE FUNDING IN 2006 FOR
THE EXPANSION OF THE NORTHWEST AREA OF INVER GROVE
HEIGHTS
ACTIONS TO BE CONSIDERED:
To approve correspondence to support State funding in 2006 for the expansion of the northwest
area of Inver Grove Heights.
FACTS:
➢ The City of Inver Grove Heights is seeking State funding for the upgrade of the
intersection of Highway 55 and County Road 28 (Yankee Doodle Road), which would
provide significant benefit to the City of Eagan, as the intersection is a main
transportation entrance into our community supporting commerce and commuters.
➢ The City of Eagan has been a long time supporter of the need for a grade separated
interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has supported,
partnered and participated in several previous applications for federal funding for this
important project.
➢ The extension and upgrade of Yankee Doodle Road from Eagan into Inver Grove Heights
remains a critical component of the City's long range comprehensive transportation plan.
➢ During the Council's goals discussion on March 28, 2006, the Council voiced their
support for the intersection improvements, and per the direction of the Council,
correspondence is being proposed tonight to be sent to Mr. Chuck Hall, who is the
consultant assisting the City of Inver Grove Heights on the expansion of the northwest
quadrant of their community.
ATTACHMENTS:
➢ Enclosed on page�is proposed correspondence to Mr: Chuck Hall stating the City of
Eagan's support for State funding for the upgrade of the intersection of TH55 and County
Road 28 (Yankee Doodle Road).
51
Pat Geagan
MAYOR
April 5, 2006
Peggy Carlson
Mr. Chuck Hall
Cyndee Fields
3862 Bridgewater Drive
Mike Maguire
Eagan, MN 55123
Meg Tilley
Dear Mr. Hall:
COUNCIL MEMBERS
In official action taken at the April 4, 2006 Eagan City Council meeting, the Council
Thomas Hedges
directed that a letter be sent to you stating the City of Eagan's support for State funding
CITY ADMINISTRATOR
for the much needed upgrade of the intersection of TH55 and County Road 28 (Yankee
Doodle Road). Although this intersection is located in Inver Grove Heights, it is a main
transportation entrance into our community supporting commerce and commuters.
As you know, the City of Eagan has been a long time supporter of the need for a grade
separated interchange at the intersection of TH 55 and Yankee Doodle Road. Eagan has
supported, partnered and participated in several previous applications for federal funding
MUNICIPAL. CENTER
for this important project.
3830 Pilot Knob Road
Eagan, MN 55122-1810
Furthermore, the extension and upgrade of Yankee Doodle Road from Eagan into Inver
651.675.5000 phone
Grove Heights remains a critical component of the City's long range comprehensive
651.675.5012 fax
transportation Eagan recognizes that, not only is there a need for a well-defined
651.454.8535 TDD
plan.
east -west arterial roadway along the Yankee Doodle Road alignment, but also a strong
need -for a major north -south arterial from TH 55 to I-494. The logical location of the
intersection of these two future major corridors is at the much needed interchange of TH
MAINTENANCE FACILITY
55 & Yankee Doodle Road.
3501 Coachman Point
Eagan, MN 55122
Eagan, Inver Grove Heights, Dakota County, and MnDOT have a long history of
651.675.5300 phone
cooperative ventures for corridor studies incorporating these major alignments and
651.675.5360 fax
potential interchanges, and thus the City of Eagan strongly supports State financial
651.454x535 TDD
assistance towards this transportation improvement in northwest Inver Grove Heights.
Please feel free to contact the Eagan City Administrator's Office at (651)675-5001 if the
City of Eagan can be of any further support as you seek State funding assistance.
www.cityofeagan.com
Sincerely,
THE LONE OAK TREE
Pat Geagan
The symbol of
Mayor
strength and growth
in our community.
56
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
S. CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT
ACTION TO BE CONSIDERED: Approve the release of remaining retainage for
Contract 03-09 (Coachman Water Treatment Plant) and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
• Contract 03-09 provided for the expansion and renovation of the existing north
Water Treatment Plant located on Coachman Rd. This contract was awarded in
July of 2003 and the construction has been satisfactorily completed.
• Under the terms of the original contract, the City has withheld 5% of each
payment and placed it in escrow to insure satisfactory completion of the contract.
On Nov. 1, 2005, the City Council released all but 1% to cover remaining punch
list items.
• Now that the construction has been completed and final payment processed, it is
appropriate that the remaining Retainage be released.
sq
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
T Approve a Lease Agreement Between the City of Eagan and St. Croft Harley
Davidson
ACTION TO BE CONSIDERED:
The action is to approve a lease agreement between the City of Eaganand St. Croix
Harley Davidson. The approval of this lease will enable the police department to lease
two 2006 motorcycles for one year. The dealership will lease both motorcycles to the city
at a cost of $2.
FACTS:
• Since 2003 the Eagan Police Department has used motorcycles for traffic
enforcement and other outreach programs to promote traffic safety throughout
Eagan.
• The prior lease agreement was reviewed by the Eagan City Attorney and
suggested changes to the document were made at that time. There were no
substantive changes to the 2006 document.
• The motorcycles previously leased were returned to the dealership. By
approving this new lease agreement, the police department will be able to use
2006 models.
• The original start-up fees for the Traffic Enforcement Unit were paid by the
Eagan Citizen's Crime Prevention Association in 2003.
ATTACHMENTS
Attached as pages (QL through fL is a copy of the lease agreement.
2006 E ARLEY-DAVIDSON FLHTPI LEASE
THIS AGREEMENT is made and entered into this 29th day of March, 2006 by and
between St: Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and
the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose
of lending to the Lessee Harley-Davidson Motorcycles.
RECITALS
WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat.
§ §412.211 and 412.221.
WHEREAS, the- City is desirous of leasing motorcycles for its police department use in
patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to
the City for a reasonable cost.
WHEREAS, it is in the best interest of the City and its. residents for it to lease the
motorcycles from the Lessor under the terms and conditions of this Agreement.
NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows:
1. Equipment. - 2006 Harley-Davidson Police Motorcycles with the complete
description provided on the attached specification sheet. The model will be an FLTPI with
windshield (hereinafter the "Motorcycles").
2. Agreement Terms. This Agreement shall be effective as of the date of
execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to
be used for police and related activities only. No more than one person shall be on a Motorcycle
leased under this Agreement and the person operating the Motorcycle shall be authorized by law
and City police policy to operate the motorcycle.
3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar
($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment
not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in
Paragraph 1 above, full maintenance or insurance costs.
4. Insurance. At its own expense, the Lessee shall carry casualty insurance and
public liability and property damage insurance sufficient to protect the full value of the
Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry
workman's compensation insurance covering all of its employees working on, or about the
Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory
evidence of all insurance coverage described above as required terms and conditions of this
Agreement.
(A
5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to
protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal
immunity as provided by state statute from and against any and all losses, penalties, damages,
settlements, costs, charges or other expenses or liabilities arising out of the negligence of the
Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for
any loss, claim, damage,. action or the like arising out of the negligence acts of the Lessor.
Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort
damage limitations available to the City under federal or state law, in the event any person or
party brings claim against the City as a result of the use or operation of a Motorcycle leased.
under this Agreement.
6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the
Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall
promptly, at is own expense, take such action as charge, encumbrance or claim not expected
above if the same shall arise at anytime due to Lessee's action or inaction.
7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or
similar charges imposed by virtue of the Lessee's ownership, possession or use of the
Motorcycles during the term of this Agreement.
8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles
pursuant to the manufacturer's standard and preventive maintenance procedures and
recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson,
Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and
expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance
intervals set up by Lessor in accordance with the service schedule as provided in the owners
manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and
tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and
shall not make modifications, alterations or additions to the Motorcycles (other, than normal
operating accessories or controls) without the written consent of the Lessor, which shall not be
unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during
regular business hours to enter upon the premises where the Motorcycles are located in order to
inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the
reasonable opportunity to do so.
9. Damage or Deterioration of Motorcycles. In the event the Motorcycles. are
partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to
the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired
and restored to their original condition and working order at their, expense. In the case of theft or
total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Sixteen
Thousand Three Hundred and Eighty Five and No/100'Dollars ($16,385.00).
10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping
the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may
allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are
fully insured by the Lessee and that the distance to and from work is no more than thirty (30)
miles ,each way.
.11. Events of Default and Remedies. Lessee shall be deemed to be in default of
this Agreement upon the happening of any of the following events of default:
(A) Lessee fails to make payment of the lease or other payments required hereunder;
or
(B) Lessee fails to comply with any other term, covenant, or condition contained
herein.
Upon the occurrence ,of any event of default as specified above, should Lessee fail to
remedy such event or default with all reasonable dispatch within a period of thirty (30) days,
Lessor shall have the right, after written notice to the Lessee, to pursue any of the following
remedies:
(1) Repossession of the Motorcycles, including the right to sell or lease the
Motorcycle for the account of the Lessee, and hold Lessee liable for all payments
up to the effective date of such sale or lease. Lessor may hold Lessee liable for
the difference of payments which would be due under the Agreement and the
amount received by the Lessor for the sale or lease of the Motorcycles upon
default.
(2) Any action at law or in equity may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of
any obligation, agreement or covenant of Lessee under this Agreement. Lessor
shall be deemed to be in default under this Agreement upon failure to comply
with term, covenant or condition herein.
W VX0.1,
OA
LESSEE:
CITY OF EAGAN, a Minnesota
municipal corporation
By: Patrick J. Geagan Date
Its: Mayor
By: Mira Pepper Date
Its: Deputy City Clerk
LESSOR:
ST. CROIX HARLEY-DAVIDSON,
INC., a Wisconsin corporation
By: Date
Its:
Leased Equipment
1) 2006 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HD1FMW136Y674162)
2) 2006 Harley Davidson Model # FLHTPI Motorcycle (VIN # 1HD1FMW176Y674505)
5 �5
Agenda Information Memo
April 4, 2006 Eagan City Council Meeting
PUBLIC HEARINGS
A. OAKVIEW CENTER ADDITION (LOTS 1 & 2. BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Close the public hearing for the vacation of a public
drainage and utility easement within Lots 1 and 2, Block 1 Oakview Center Addition.
(NOTE: Action to approve or deny the vacation will' be considered concurrently with the
final plat and planned development amendment for Oakview Center 2nd scheduled later on
this agenda.)
FACTS:
• On February 15, 2005, City staff received a petition and letter from Susan Fussell of
Loucks McClagan, representing the owners of Lots 1 & 2, Block 1 Oakview Center,
requesting the vacation of the existing drainage and utility easement on the common lot
line between the two properties, southeast of the intersection of Lone Oak Road and
Highway 55.
• 10' wide easements were dedicated over the common lot line as part of the Oakview
Center Addition plat as the typical side lot easements for drainage and utility purposes.
• The purpose of the request is to allow the property owner, Eagan Hospitality Group, to
construct a hotel. on the twd parcels. The configuration of the proposed hotel is over the
common lot line of the two parcels.
• The. property owner will replat the two parcels as one parcel for the proposed
development of the site. p
• The Final Plat and Planned Development Amendment of Oakview Center 2nd will be
considered by the Council under New Business on tonight's agenda.
• The vacation of the existing drainage and utility easements would clean up the proposed
plat by avoiding an underlying recorded dedication. '
• Notices for the public hearing were published in .the legal newspaper and sent to all
potentially affected and/or interested parties for comment prior to the scheduled public
hearing. Notices were sent to all the potentially impacted private utility companies. No
objections to the proposed vacation have been received as of the date of this report.
• The request has been reviewed by the Engineering Division and found to be in order for
favorable Council action concurrent with favorable consideration of the Planned
Development Amendment/ Final Plat for Oakview Center 2nd Addition.
ATTACHMENTS:
• Location Map, page .
• Legal Description, graphic, page.
4> City of Eap
Englpeering Department
Lots *1 & 27 Blk. 1 Oakview Center
Proposed Easement Vacation
Location Map
3-2-06
DRAINAGE AND UTILITY EASEMENT VACATION
Drainage and Ut1il Easement Over Lots 1 and 2 Block 1 OAKVfEW
CENTER to be Vacated � .
C.S.A.H. NO. 26 (LONE OAK ROAD)
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NORTH
0 60 120
SCALE IN FEET
SCALE: 1 inch a 60 feet
MCLAGAN
Agenda Information Memo
April 4, 2006, Eagan City Council
VI. OLD BUSINESS
A. FINAL PLAT AND FINAL PLANNED DEVELOPMENT (DIFFLEY
MARKETPLACE) — RELIANCE DEVELOPMENT
ACTION TO BE CONSIDERED:
To Approve a Final Plat (Diffley Marketplace ) creating one lot on approximately 10.94 acres
located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A,
Lexington Pointe 13th Addition and Outlot A, Lexington Pointe 7th Addition, in the NW '/4 of
Section 26;
To Maintain or Delete or Modify condition #28 of the Approved Preliminary Planned.
Development and Approve (or deny) a Final Planned Development for a retail commercial
development (Diffley Marketplace) consisting of a 43,175 sq. ft. grocery store and two 10,000
sq. ft. multi -tenant retail buildings upon 10.94 acres located south of Diffley Road and east of
Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A,
Lexington Pointe 7th Addition, in the NW t/4 of Section 26, subject to conditions in the Council
minutes;
Cad
To direct Findings of Fact for Denial on the revised Preliminary/Final Development Site Plan
submitted on March 10, 2006.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
➢ The City Council approved a Preliminary Planned Development on October 6, 2005.
Condition #28 of that approval stated: "The driveway connection to Daniel Drive shall be
eliminated and the plans resubmitted to Dakota County for review." The proposed site plan
modification to eliminate the Daniel Drive access was resubmitted to the County's Plat
Commission and subsequently denied. This denial was then appealed to the County Board,
and the County Plat Commission's denial was upheld.
➢ _ Following the suggestions and concerns of the Plat Commission as stated in their denial
letter, the development plans were modified to show a %-access at Diffley Road and a one-
way "entrance only" access from Daniel Drive. The City then submitted a formal request to
the Plat Commission for a required variance to its access spacing guidelines.
�J 1
➢ On March 7, 2006 the Dakota County Plat Commission recommended approval of the
variance to the County's Access Spacing Guidelines with the condition that the existing full
access from Diffley Rd. be reconstructed to the more limited3/4-access configuration with a
one-way "entrance only" connection to Daniel Dr. They also recommended approval of the
Preliminary and Final Plat submittals, which already incorporated these anticipated
conditions.
On March 21, the County Physical Development Committee (of the whole) did not accept
their Plat commission's recommendation of approval and they further stipulated that ultimate
County Board approval would require a full 2 -way access to Daniel Dr.
➢ Although the Developer has not ,yet submitted revised site plans eliminating all access to
Daniel Dr. as required by Condition #28, a Final Planned Development Agreement and Site
Plan for the first phase development (grocery store and two retail buildings) incorporating a
one-way connection to Daniel Dr. has been prepared for City Council consideration.
ISSUES:
➢ It is anticipated that the full County Board (meeting on Tuesday morning, April 4) will be .
considering their Physical Development Committee's recommendation to require the Diffley
Marketplace development incorporate a 2 -way access to Daniel Dr. Results of that meeting,
and any action affecting potential City Council approval options for this development, will be
provided at the Council meeting Tuesday night.
➢ If any access connection to Daniel Dr. (one-way or two-way) is given consideration by the
Council, it should incorporate the appropriate amendment to condition #28 of the approved
Preliminary Planned Development.
➢ With no access to Daniel Dr. (resulting in no variance to the County's access spacing
guidelines), the County will require the current full access median break to be closed limiting
access to the development and the west parking lot of Northview Elementary School to a
right-in/right-out movement only. Also, without the additional traffic volume at the
intersection of Daniel Dr and Diffley Rd., it is doubtful that warrants will ever be met to
justify the installation of a traffic signal at that location.
Final Plat, page.'`
October 6, 2005 City Co cil Minutes, page through "'��p
ISD 196 letter, page .
Developer's attorney letter on page.
Correspondence received since 3-21-06 will be sent to the City Council under separate cover.
Djff LEy mARKETPLACE ADDITION PLAT
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Eagan City Council Meeting Minutes
October 6, 2005
Page 4
Mayor Geagan asked Chief Therkelson if he has researched the public safety impact of different certification
requirements.
Chief Therkelson stated that although he had not looked into different certification requirements, the current
ordinance requirements have been successful in regarding public safety and consumer protection issues. He
mentioned -that he is comfortable with the language of the ordinance amendment and does not anticipate problems.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to
Chapter 6, Other Business Regulation and Licensing, regarding Massage Therapy Establishment and Massage
Therapy Licenses. Aye: 5 Nay: 0
PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT A,
LEXINGTON POINTE 13TH ADDITION AND OUTLOT A LEXINGTON POINTE 7TH ADDITION) —
RELIANCE DEVELOPMENT
City Administrator Hedges introduced this item regarding a Preliminary Planned Development and a Final Planned
Development for a retail commercial development, consisting of a 43,175 square foot grocery store, and two 10,000
square foot multi -tenant retail buildings south of Diffley Road and east of Lexington Avenue in the NW '/< of Section
36. City Attorney Dougherty explained the legal constraints presented by the property's current zoning in light of
the Comprehensive Guide Plan. He also clarified the consequences of approval, denial, or continuance of the item
City Planner Ridley gave a staff report outlining deviations and variances as well as reasons for denial by the APC.
i
Council asked for clarification between the differences between the zoning of Planned Development and
Neighborhood Business as it relates to the proposed development. City Planner Ridley provided a comparison of the
two options. Council asked for an overview of the process for rezoning to Neighborhood Business. City Attorney
Dougherty stated the process and clarified that there would be little legal stance to deny the application to
Neighborhood Business rezoning.
Mayor Geagan asked for comments from the developer.
John Trouts of Reliance Development Company, .a partner in Diffley Ventures, thanked the Council for the previous
continuance. He stated that his development would provide an attractive architectural package, an over -standard
green space including an outdoor plaza, and finally a unified development plan providing continuity to the area. He
also expressed interest in reducing residential and commercial traffic mix by engaging, the developer, the City and
Dakota County in constructing a full access entrance with traffic light at the main access point on Diffley. He said
that if the main access point on Diffley had a traffic light, there would be no need for an access point off of Daniel
Drive. He also pledged to pay for 75% of the traffic light.
Mayor Geagan opened for Council discussion. Council asked Staff for their opinion on traffic options and the
willingness of the County to negotiate the access points. City Engineer Matthys reviewed the traffic options and
summarized the County's specifications on access points. Council directed staff to discuss the options.further with
the County, preferring a fully signalized main access point to be across from the elementary school on Diffley, full
access to Daniel Drive and no Daniel Drive access to the development.
Council discussed landscaping options in the development, specifying desire for double -stacked evergreens and a
decorative fence along property line to discourage walk-through traffic.
Mayor Geagan opened for public comment. Nineteen members of the public expressed their concerns including:
increased traffic, children safety, County acceptance of full-signalization proposal, store hours, architecture
congruity with neighboring buildings, scale of store, future improvements to Lexington and Diffley roads, quality of
Rademacher's franchise, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle
access to Daniel Drive, allowance of a service road, applicability of past zoning to today's needs, number of full
access points, impact of a signalized intersection on the traffic capacity of Diffley Road, property valuation after site
is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident
recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and
their impact on development size, developer payment of traffic signal, content of retail stores, impact of a destination
12
Eagan City Council Meeting Minutes
October 6, 2005
Page 5
grocery store as opposed to a neighborhood grocery store, elevation impact during grading, and the number of
conditions of approval.
Council, City staff and the developer responded to a list of questions generated during the public comment period.
Mayor Geagan closed the public comment period and turned discussion back to the Council. Council thanked
everyone for their participation and diligence in becoming educated about the issue.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned
Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 square foot grocery
store, two. 10,000 square foot multi -tenant retail buildings, and two other retail buildings upon 10.94 acres located
south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 1P Addition
and Outlot A, Lexington Point 7s' Addition, in the NW '/< of Section ,26, subject to the following conditions: Ayer 5
Nay: 0
1. A Final Planned Development Agreement shall be executed for each Phase of the development. The
following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7th
Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two
existing outlots that comprise this site into a single parcel. The platting shall be completed prior to
issuance of any building permits.
3. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings.
Only three Class II restaurants, with one drive-through service shall be permitted in the Phase I retail
buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development
Amendment.
4. The approved use for the Phase II development shall be one Class II restaurant with drive through
service and one financial institution with drive through service. Any use in.Phase,II other than the uses
specified will require an amendment to the Preliminary Planned Development.
5. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's,
Taco Bell and Arby's.
6., Phase II development will require Final Planned Development approval for each building. Each Final
Planned Development application will require a Site Plan Review by the City Council.
7. Phase 11 development on the east end of the site shall be subject to the.minirnum setback requirements
in the NB zoning district, except that any proposed buildings in Phase H shall be set back a minimum
of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road.
8. With future subdivision, cross -easements will be needed for ingress/egress and parking in a form
acceptable to the City Attorney.
9. The trash enclosures shall meet the 30 -foot setback from the south property line.
10. The development shall provide a service drive dedicated to through movements and without direct
parking stalls, from the existing access onto Diffley Road to the Walgreen's property.
11. This development shall dedicate 10' drainage and utility easements centered over all common lot lines
and adjacent to private property or public right-of-way.
12. 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.
13. This development shall dedicate adequate drainage and ponding easements to incorporate the required
high water elevation necessitated by City storm water storage volume requirements and area acceptable
to the City Engineer.
14. All public streets and utilities necessary to provide service to this development shall be designed by a
registered professional engineer in accordance with City Codes and engineering standards, guidelines
and policies.
lb
Eagan City Council Meeting Minutes
October 6, 2005
Page 6
15. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site,
the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road
for review and approval by the City Attorney prior to release of the plat and Planned Development
agreements for recording.
16. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with
current City standards prior to final plat approval.
17. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee
shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials
plus installation, as calculated by the City, and shall cover two full calendar years .subsequent to the
completion of the landscaping as provided in the approved landscape plan and shall be released only
upon inspection and written notice of conformance by the City.
18. City water quality requirements shall be met primarily through construction of an on-site pond on the
east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a
maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets
without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of
payment.
19. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate
from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by
the City Forester prior to inclusion in the Preliminary PD Agreement.
.20. The proposed Grading Plan must be revised to incorporate bemring along Diffley Road.
21. The developer shall review the Landscape Plan and revise it as necessary to address the following
issues: .
a. Selection of plants and use of taller narrower evergreen materials along the south boundary for
solid screening and appropriate size and tolerance for growing conditions.
b. Potential conflicts between parking lot island trees and site lighting.
c. Designation of mitigation plantings in addition to landscape plantings.
d. Added shrub and/or perennial beds along Diffley Road.
22. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve
the IESNA recommended standards and reduce light spillover onto adjacent residential property.
23. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot-
candle or less at all points along the development where it abuts residential property.
24. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior
material rather than EIFS.
25. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals
and stored within the building overnight.
26. Awnings on the two retail buildings shall be a canvas or Sunbrella material and 'shall not be illuminated
and shall contain no signage.
27. Hours of operation for the grocery store.and other commercial businesses shall be restricted to between
6:00 a.m. and 12:00 a.m. (midnight). .
28. The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota
County for review.
29. Grading operations shall occur only between 9:30 am and 3:00 pm.
30. The developer shall provide flagmen during grading operations.
31. Construction operations shall cease at 9:00 pm.
Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Planned
Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 sq. ft.
grocery store and two 10,000 sq. ft. multi -tenant retail buildings, upon 10.94 acres located south of Diffley Road and
east ofLexington
Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington
Pointe 7th Addition, in the NW '/a of Section 26, subject to the following conditions: Aye: 5 Nay: 0
1. A Final Planned Development Agreement shall be executed for each Phase of the development. The
following plans are necessary for the Final Planned Development Agreement:
• Final Site Plan
0 Final Building Elevations —14
`
Eagan City Council Meeting Minutes
October 6, 2005
Page 7
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
2. The property shall be platted prior to issuance of any building permits: Outlot A, Lexington Pointe 7*
Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two
existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance
of any building permits.
3. The development shall be subject to the minimum setback requirements in the NB zoning district with the
following exceptions: The two 10,000 sq. ft. retail buildings shall be set back a minimum of 40 feet from
the south property line, trash enclosures shall be set back a minimum of 30 feet; parking may be set back a .
minimum of 15 feet from Diffley Road.
Building Setbacks:
• Minimum of 50' setback front yard setback (from Diffley Road)
•. Minimum of 50' rear yard setback (south lot line) for grocery building
•
Minimum of 40' rear yard setback (south lot line) for two multi -tenant retail buildings (30'
minimum rear yard setback for trash enclosures)
• Minixnum 10' side yard setback (west lot line)
Parking/pavement setback
• Minimum of 15 feet from north property line abutting Diffley Road
• Minimum of 20' from'south property line
• 25' set back shall be provided of where possible as shown on the approved Site Plan
• 5' Minimum side yard setback (west lot line)
4. Uses permitted within the NB zoning district shall be permitted within the .two Phase I retail buildings.
5. Only three Class II restaurants, with one drive-through service shall be permitted in the retail buildings.
Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment.
6. The following Class II restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco
Bell andArby's.
7. The trash enclosures shall meet a minimum 30 -foot setback from the south property line.
8. The development shall provide a service drive dedicated to through movements and without direct parking
stalls, from the existing access onto Diffley Road to the Walgreen's property.
9. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and
adjacent to private property or public right-of-way.
10. 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.
11. This development shall dedicate adequate drainage and ponding easements to incorporate the required high
water elevation necessitated by City storm water storage volume requirements and area acceptable to the
City Engineer.
12. All public streets and utilities necessary to provide service to this development shall be designed by a
registered professional engineer in accordance with City Codes and engineering standards, guidelines and
policies.
13. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the
developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for
review and approval by the City Attorney prior to release of the plat and Planned Development agreements
for recording.
14. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with
current City standards prior to final plat approval.
15. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be
provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus
installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion
of the landscaping as provided in the approved landscape plan and shall be released only upon inspection
and written notice of conformance by the City.
16. City water quality requirements shall be met primarily through construction of an on-site pond on the east
end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth
Eagan City Council Meeting Minutes
October 6, 2005
Page 8
of 10 feet. To. account for the 1.04 acres of the site that drain off site to city streets without stormwater
treatment, cash, in lieu of ponding shall be paid at the rates in effect at the time of payment.
17.' The applicant shall submit a revised Tree Mitigation Plan that shows the, mitigation plantings separate, from
the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City
Forester prior to inclusion in the Preliminary PD Agreement.
18. The proposed Grading Plan must be revised to incorporate berming along Diffley Road.
19. The developer shall review the Landscape Plan and revise it as necessary to address the.following issues:
a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid
screening and appropriate size and tolerance for growing conditions.
b. Potential conflicts between parking lot island trees and site lighting.
c. Designation of mitigation plantings in addition to landscape plantings.
d. Added shrub and/or perennial beds along Diffley Road.
20. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the
IESNA recommended standards for light levels and uniformity necessary for security and safety, and to
reduce light spillover onto adjacent residential property.
21. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 footcandle or
less at all points along the development where it abuts residential property.
22. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material
rather than'EIFS.
23. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved. from the corrals and
stored within the building overnight.
24. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and
shall contain no signage.
25. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00
a.m. and 12:00 a.m.(midnight). .
26. Parking lot lighting shall be dimmed at night to a minimum agreeable with Eagan PD.
27. Storage of any kind outside of the westerly building (Rademacher's) is prohibited.
28. Replacement of all diseased or dying landscaping is required for the life of the project.
29. The developer shall install a decorative fence along the southerly property line.
30. The developer shall dedicate 75% of the cost of the future semaphore ($187,500).
31. Grading operations shall occur only between 9:30 am and 3:00 pm:
32. The developer shall provide flagmen during grading operations.
33. Construction operations shall cease at 9:00 pm.
CONDITIONAL USE PERMIT— RAMONA RODRIGUEZ
City Administrator Hedges introduced this item regarding a Conditional Use Permit to exceed the 25% impervious
surface maximum in a Shoreland Overlay District for a four season porch addition on property located at 1325
Carlson Lake Lane. City Planner Ridley gave a staff report.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
exceed the 25% impervious surface maximum in a Shoreland Overlay District for a four season porch addition on
property located at 1325 Carlson Lake Lane in the NW '/a of Section 27; subject to the following conditions: Aye: 5
Nay: 0
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council.
2. The impervious surface can not exceed 29%.
3. A landscape management plan and landscape plan shall be developed and implemented in consultation with
the Soil and Water Conservation District and the City of Eagan prior to issuance of a building permit.
7�0
INDEPENDENT SCHOOL DISTRICT 196
14445 DIAMOND PATH WEST
ROSEMOUNT, MINNESOTA 55068-4199
(651) 423-7712
FAX (651) 423-7614
E-mail: mark.parr@district196.org
March 29, 2006
Thomas A. Colbert
Director of Public Works
3830 Pilot Knob Road
Eagan, MN 55122-1897
Dear Mr. Colbert:
0 MARK PARR, Ph.D
Director of Secondary Education
MAR 3 0 2006
EAGAN
ENGINEERING DEPARTMEV
Thank you for informing us (School. District 196) of the implications surrounding a
potential commercial development located directly south of Northview Elementary
School on Diffley Road, adjacent to Daniel Drive. We are in favor, if the possibility
exists, for a traffic signal to be placed on Diffley Road, Daniel Drive and the east
entrance/exit to Northview Elementary School. A controlled intersection at that location
would enable School District 196 buses, as well as parents, who are dropping off students
better and safer access as well as more efficiency to Northview Elementary School, as we
understand the possibilities. Even though School District 196 provides busing for the
neighborhoods located across Diffley Road north, we are aware of children crossing
Diffley Road on their own volition going -to and from Northview Elementary School,
Dakota Hills Middle School and Eagan High School as well as children crossing Diffley
Road during non -school times for athletic events being held on the grounds just north of
Northview Elementary School and the Northview Park grounds.
Should you have further questions about this correspondence please feel free to contact
me at the phone number noted on the letterhead.
viliver lir
Mark Parr
Director of Secondary Education/Transportation
cc: John Currie, Superintendent
Randy Dukek, Coordinator of Transportation
Kathy Carl, Principal, Northview Elementary School
Educating our students to reach their full potential
196 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights,
Lakeville, Rosemount, and Empire and Vermillion Townships
www.district196.org
Larkin
Ho, f i
ATTORNEYS
March 29, 2006
Mayor Pat Geagan
Eagan City Council
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Diffley Marketplace/Daniel Drive Access
Dear Mayor Geagan and Councilmembers:
Iarldn Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Avenue, South
Minneapolis, Minnesota 55431-1194
GENERAL: 952.835.3800
FAX: 952.896.3333
WEB: WWw.larlxinhoffman.com
We represent Diffley Ventures, LLC, the developer of the proposed Diffley Marketplace retail center in the
southeast quadrant of Diffley Road and Lexington, Avenue in the City of Eagan. I am writing to urge the
City Council to accept the access plan approved by the Dakota County Board at its most recent meeting.
Specifically, the County Board approved a three-quarter access linking both the Diffley Ventures and
corresponding elementary school sites to Diffley Road. The County has approved the Diffley Road access
on condition that the Daniel Drive access to the Diffley Ventures site remain "full access" to allow ingress
and egress for neighborhood vehicle traffic.
While we understand the City would prefer the Daniel access be limited to an entrance only (we had
previously accepted that limitation as either full or restricted access works for us), the County is unwilling to
accept this limitation. The ownership of Diffley Ventures feels that they have done what is possible to help
resolve this question. Therefore, we respectfully urge that the City of Eagan concur in the Diffley
Road/Daniel Drive. access as approved by Dakota County.
Please call me if you have any questions.
ly,
Pet. oyle, for
Larkin Hoffman Daly & Lindgren Ltd.
Direct Dial: (952) 896-3214
Direct Fax: (952) 896-3265
Email: pcoyle@larkinhoffinan.com
nan.com
cc: Tom Colbert
Jon Hohenstein
Mike Ridley
Michael Dougherty, Esq.
Diffley Ventures, LLC 106�193a
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
VII. NEW BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT — LESLEY TSCHERNE
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Planned Development
Amendment to allow a kennel, by definition, upon residential property located at 3812
Blackhawk Ridge Place, subject to. the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
i The property is a %2 -acre lot with a single-family home on a cul-de-sac that backs up to I -35E.
i The applicant has periodically taken in special -needs dogs at, the subject site, unaware there was
any Code violation.
i The applicant has three dogs of her own and states that she cares for no more than 4 outside
dogs at any given time.
➢ By definition, a kennel is defined as "any place, building, tract of land, abode or vehicle,
wherein or whereon.a total of four or more dogs ... over six months of age, are kept, kept for
sale, or boarded."
i If approved, an administrative kennel license would be required.
i No changes or alterations to the property or home are necessary to accommodate the use.
i The back yard is fenced to allow outside area for the dogs.
i The Animal Control Officer has inspected the property and she reports that the dogs are all
well -cared for, the animal rooms are spotless, and that there have not been any reported traffic
issues from the neighborhood.
i The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval.
ISSUES:
i One commissioner was concerned that this option would not be available to any non -PD zoned
residential use and that others may want the same consideration for the number of their pets.
60 -DAY AGENCY ACTION DEADLINE: April 17, 2006
ATTACHMENTS (2):
Draft APC Minute arch 28 d d through
Staff report, pages�hrough
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
March 28, 2006
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March
28, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members
Hansen, Dugan, Bendt, Chavez, and Gladhill. Also present were, City Planner Mike Ridley,
Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and
Recording Secretary Camille Yungerberg.
AGENDA
Member Bendt moved, Member Chavez seconded a motion to a the Agenda.
All voted in favor. Motion carried 6-0.
February 28, 2006, ADVISORY PLANNING C0MMI'SSION MEE MINUTES
Member Hansen stated the vote on adjournment O be 7 -0 --
Member Chavez moved, Member Bendt seconded a m6fL—q_hffappr6ve the February 28, 2006,
Advisory Planning Commission Meeting minutes as amen K
All voted in favor. Motion carried 6-0.
III. VISITORS TO BE HEARD (10 MINUTE TOTAL N; 1lIIT).
IV. PUBLIC
New Business
A. Lesley Tscherne
Applicant Nt-"`jr Tsch-
LocationA612 Bladkf ff Roads 15, Block 2, Blackhawk Ridge 2nd Addition
Applicab n: Planned Deg— ment „ ,dment
A PIORV.:Qevelopment AR—wdmenfi—fd allow a kennel service in a single family home.
File N=66-921-PA-03-02-6E—
City
umb 1 -PA -03-02-0
City Planner Richt ntroducgd this item and highlighted the information presented in the City
Staff report dated - h 8„006. He noted the background and history.
Lesley Tscherne, 381 9lackhawk Road, stated the issue is of great importance to her.
Chair Heyl opened.the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the discussion
back to the Commission.
Chair Heyl stated the owners of the adjacent property have not complained and as, long as it is
limited to four guest dogs, she will vote in favor of.
March 28, 2006 Advisory Planning Commission Minutes
Page 2
City Planner Ridley stated that, if approved, the Planned Development Amendment will require
annual licensure. He also explained that only the current zoning of the property allows for the
requested kennel via a Planned Development Amendment.
Member Gladhill stated the services provided by Ms. Tscherne are wonderful; however, he
stated concern that the Planned Development Amendment would not be an option if the
property were zoned standard R-1. He stated concern that others will want the same
consideration for the number of pets.
Member Bendt stated support for the proposal.
Member Bendt moved, Member Chavez seconded a motion to recommend approval of a
Planned Development Amendment to allow a kennel on property L=--Od at 3812 Blackhawk
'-�
Ridge Place in the SE corner of section 16 subject to the followmknditions:
1. The Planned Development Amendment Agreement shalkO, recdf& again
Dakota County.
2. The premises are allowed no more than four (4) Bugs at any one°°w
3. The applicant must maintain a current kennel liceaase issued by the City.
4. No full-time boarding of animals for commercial Poses nay occur on thi4l
5. The operations of the kennel must comply with tndard'tn Chapter 10
regarding the keeping of animals.
Chair Heyl stated this is a unique situation -with a large lot.
A vote was taken..
Aye: Chair Heyl, and Members .Hansen, Duan,w7-d d Chaves
Nay: Member Gladhill.
Motion carried 5-1.
the property at
City Code
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 8, 2006
APPLICANT: Lesley Tscherne
PROPERTY OWNER: Same
REQUEST: Planned Development Amendment
LOCATION: 3812 Blackhawk Ridge Place
CASE: 21 -PA -03-02-06
HEARING DATE: March 28, 2006
APPLICATION DATE: February 15, 2006
PREPARED BY: Nicole Cook
COMPREHENSIVE PLAN: LD, Low Density Residential
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow a kennel,
by definition,. on property located at 3812 Blackhawk Ridge Place for Lot 15, Block 2,
Blackhawk Ridge 2° Addition. The applicant would like to continue providing dog
"babysitting" services at her home.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations. of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
This property consists of a %z acre lot located on a cul-de-sac that backs up to 35E. The applicant
has periodically taken in special -needs dogs at the subject site -over the past year or so, unaware that
there was any Code violation. For an average month, Ms. Tscherne will baby sit for 3 dogs for a
total of 12 days.
Planning Report — Tscherne PDA
March 28, 2006
Paize 2
EXISTING CONDITIONS
The single family home built in 1993 is located about 50 feet from the cul-de-sac near the
southwest corner of the lot. A fence extends from the north-east corner of the garage, around the
entire backyard and reconnects with the southeast corner of the house: The applicant has three
dogs in her home.
The City of Eagan Animal Control Officer has visited the site and she reports that the dogs are all
well -cared, the animal rooms are spotless, and that there have not been any reported traffic issues
SURROUNDING USES
The site is surrounded by single family homes, zoned PD and guided LD, and I -35E.
EVALUATION OF REQUEST
Code Requirements — The property is zoned PD Planned Development. Section 11.67 states in
part, "uses approved and permitted under a planned development shall only include permitted,
conditional and accessory uses allowed in residential districts in the city and those business,
industry and institutional uses specifically approved as part of the planned development and in
accordance with standards herein provided."
r
Planning Report — Tscherne PDA
March 28, 2006
Page 3
Section 6.38 City, Code defines a kennel as "any place, building, tract of land, abode or vehicle,
wherein or whereon a total of four or more dogs, cats, ferrets, or rabbits or combination thereof,
over six months of age, are kept, kept for sale, or boarded." Additionally, a license is required to
operate or maintain a kennel. The license requirements and other City Code provisions relate
specifically to the operations and conditions in which the animals are kept.
If approved, .the City Code requires an administrative kennel license (in addition to the Planned
Development Amendment). Therefore, there will be regular inspections by the Animal Control
Officer for the annual kennel permit.
Proposal — The applicant states that she cares for no more. than 4 outside dogs at any given time.
She further states that she would not need to change anything on her property, physically or
structurally, if the request is `granted.
The request is not for a full-time kennel operation but, rather, she cares for dogs only as needed
by their owners. The dogs she cares for are primarily geriatric or special needs dogs that require,
among other things, medication, special diets, and' special attention or those that are emotionally
challenged.
The applicant's narrative states: "This work is my life,. my passion, and my formal training and
education. By you allowing me to occasionally baby-sit a few special needs dogs; I feel that I am
contributing greatly to the public's need for a safe, healthy, place to leave your dog which
hopefully leaves you with a total piece of mind. I am 52 years old and everything I have done in
my life prior to now, has led me to this point. I welcome any restrictions; visitations by city
officials, and annual renewal."
Numerous neighbors have written letters (attached) on behalf of the applicant.
Site Plan — The applicant's home is not designed, or setup, for a standard kennel operation. Ms.
Tscherne has 2 bedrooms in her home reserved for visiting dogs. Each bedroom contains at least
one twin -sized mattress that lies on the ground to allow the dogs a comfortable place to relax.
The rooms are decorated in an animal motif and include food and water dishes, toys, treats, and
even cable television. The back yard is completely fenced in with a large, wooden, privacy fence
to allow the dogs room to run and exercise.
SUMMARY/CONCLUSION
Lesley Tscherne is requesting the approval of a Planned Development Amendment to allow a
kennel on the 1/2 acre lot located at 3812 Blackhawk Ridge Place. A kennel is required, by City
Code, to house more than four dogs at any one property. Ms. Tscheme has three dogs of her own
and she would like to continue providing occasional dog "babysitting" services at her home.
��A.
dp
Planning Report — Tscherne PDA
March 28, 2006
Page 4
As proposed, the applicant would be caring for no more than 4 guest dogs at any one time, most
of which are special needs pets that require a high level of care and would not function well in a
traditional kennel environment.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development. Amendment to allow a kennel on property
located at 3812 Blackhawk Ridge Place in the SE corner of section 16. If approved the following
conditions shall apply:
1. The Planned Development Amendment Agreement shall be recorded against the property
at Dakota County.
2. The premises are allowed no more than four (4) guest dogs at any one time.
3. The applicant must maintain a current kennel license issued by the City.
4. No full-time boarding of animals for commercial purposes may occur on this property.
5. The operations of the kennel must comply with the standards in Chapter 10 of the City
Code regarding the keeping of animals..
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning Map
Current Zoning:
3D
Planned Development
800 a 600 7200 Foot
Comprehensive Guide Plan
Land. Use Map
I Current Land use Designation:
LD
Low Density (0-4 units/acre)
aW .. 0 no 7200 Foat
Cite of Eagan
Lesley Tscherne
PD Amendment
21 -PA -03-02-06
P
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MVAN'i�. t • .
Pesci ba" map'Infennation,providadby Dakota County Land Survey Deparbeeit Deembe 2006.
Zoning infermntion maintained biCity Stag
THIS MAP IS INTENDED FOR REFERENCE USE ONLY 57
The City of Eagan and Dakota County do not guarantee the accuracy of this Information.
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The intent of this request is to be granted permission by the City Council of Eagan to
babysit just 2 families of dogs within my home. They are primarily geriatric, elderly or
with special needs, be it physical or mental. I actually have been doing this for a little
over a year without realizing this would constitute running a "kennel".
A "Good Samaritan" felt the need to inform the City of Eagan of my occasional caring for
dogs and that's why I'm here before you now.
• There is no time line because nothing at all needs to change from how my home is
now.
• The. existing, land use of the subject property is "planned development" or "my home".
My house is 3200 sf sitting on almost a'/2 acre of land contained within a wooden
privacy fence. The majority of my Land backs up to 35E.
• My home is in a planned development. There are 16 homes within 350 feet of my
property. Seven of these homes are actually in an entirely different cul de sac but
happen to shoot off the back of my back yard.
• The impact of this planned development amendment will not change one thing to
the surrounding area. Nothing will change physically or structurally if this request
is granted. Everything will be the same as it has been since I moved in in 1997. My
property borders 35E on the entire back of my home. I live on a quiet cul de sac with
Blackhawk Lake directly behind the houses across the cul de sac. I have included
letters from my immediate neighbors stating that this would not be a problem or ever
has been. These dogs lounge very comfortably within one of my 2 guest bedrooms.
( letters and photos inclosed)
• The impact of this planned development amendment is nil. Not one thing will
change the ,st blest property itself. It will be as it has been for the last 9 years.
• In regards to your question of the -impact of this planned development amendment on
city services such as sewer, water, storm water run-off and roads is ZERO. Nothing is
affected.
• In regards to the question of whether this proposed land use amendment would result
in better use of the land, I definitely feel that helping a couple of elderly or special
needs dogs in a quiet, loving, knowledgeable environment, couldn't be anything but a
"better" use of 2 spare bedrooms in a big, empty house
I have never, ever had one animal related complaint filed against me.
Thank you for your attention
RECEIVED FEB 152006
u
-Written -narrative concisely-describing_the_"publlc_beriefit" of the proposed amendment
How many of you have or know of a dog that is either:
• elderly, geriatric or just on in years ?
• physically challenged in some way be it blind, deaf, or could even have something as common as hip
dysplasia and needs help walking or just getting around?
• has anxiety issues and needs special attention and comfort?
• needs ear or eye ointment daily or is taking daily pills ?
has an ongoing chronic illness such as Pancreantitus, Addison's, Cushings disease?
• very sensitive or in an emotional state that leaving it alone in a traditional kennel would mentally or
physically end up traumatizing them?
What I have done is opened the two guest bedrooms in my home to a small number of dogs. (4 max.)
They are usually owned by my neighbors, friends or relatives. The people that ask for my help greatly fear
leaving their pets behind when they need to travel for personal, business or inevitable family
emergencies. (hospitalization, family crisises).
I have made these rooms as safe, sanitary and comfortable as possible. They include human beds along
with puffy dog beds. They have color television with cable. It is not unusual for me to talk with these
parents daily regarding the health of their dogs.
When I watch a dog for you, it has my full attention. I do special diets. I lifts and carry the lame ones
outside. I nurture and love the emotionally challenged ones. I administer daily medicines and frequently
care for them late at night when no one is around in a conventional kennel situation. Being I only baby sit
a couple of dogs, bordetella or kennel cough is unheard of when they stay with me.
Sometimes, the dog is not the issue as much as the owners. When family emergencies or medical
crisises arise, giving proper notice at a traditional kennel can be a problem. I am always flexible and
ready to help in these situations. Frequently in an emergency, I will drive to pick up these dogs allowing
the parents to attend to and concentrate on their crisis.
Please understand, I am not asking to run a kennel operation. I am not asking to allow dogs to run wild
and bark in my back yard. My caregiving is the total opposite of that.
I am only asking your permission to allow me to care for a few special dogs (only 2 families) in the privacy
of my home. I have never had a noise complaint. I have never had a feces complaint.. I have a Y2 acre of
land that is fenced and live on a quiet cul de sac backing up to 35E. Most of my neighbors never even
knew what I did until I told them. Then, they would ask me to help their dog.
From 1995 to 1999, 1 created and ran one of the most well established and respected dog facilities in the
country. (Silver Dog Bed and Biscuit) This work is my life, my passion and my formal training and
education. By you allowing me to occasionally babysit a few special needs dogs, I feel that am
contributing greatly to the publics need for a safe, healthy place to leave your dog which hopefully leaves
you with total "peace of mind".
I am 52 years old and everything I have done in my life prior to now has led me to this point.
I welcome any restrictions, visitations by city officials, and annual renewal.
Thank you very much
G
RECEIVED FEB 15
- --- ..__...... -..-_ .. .
McClea , Monica J
MONICA MCCLEARY
525 STAPLES AVE.
MENDOTA HEIGHTS, MN 55118
PHONE 651-457-2425
January 24, 2006
To Whom it may concern,
Lesley Tscherme has cared for our dog, Huey, for the last two years when we have been out of town.
Prior to this, Huey stayed with my parents who took care of him when we were gone. In October 2003
1 lost both of my parents in one week so I had no one else to take him. It has been a blessing to us to
have Lesley to take him.
Huey is a ten year old Skye terrier. This is a fairly rare breed and he was quite an expensive pet to buy.
Huey requires very special care for a severe health condition. He is afflicted by Addison's disease, which
is the total absence of adrenal function. In other words his adrenal glands can not produce glucocorticoids
or mineral corticoids whcih are essential to life itself. Because of this illness he needs to take prednisone
every day and sees the veterinarian once monthly for injections of desoxycorticosterone. Huey also has
protein losing enteropathy and has to be kept on a fairly strict diet.
Lesley is able to make sure he has his medication and special diet every day. We feel very confident
that his health needs are being met when he stays at her house. He is comfortable there. Stress in a
dog with Addison's disease can lead to an Addisonian crisis which is life threatening. He would do poorly
in a kennel where he would not get the tender care that Lesley provides. I don't know what we would do
if she was unable to take Huey into her home.
Please contact me if I can be of further assisstance.
Sincerely,
Monica J. McCleary
00,
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e a U4 -k Pa,+--j--k�
RECEIVE") 4 -ER 15 200E
February 15, 2006
TO: The City of Eagan
We have lived two doors down from Lesley Tscherne for over 10 years and we have
never ekperienced any kind of negative activity regarding the occasional dog sitting that
she has done in her home. There has been absolutely no disruption in our cul-de-sac
from either traffic or barking.
Lesley is a great care giver of animals and has personally helped us out in situations
where we have asked her to let our dog out during. the day. Her service is very valuable
to us and the rest of the neighborhood.
We would sincerely be against any kind of change in the current situation that Lesley has
in our neighborhood.
J'illiam and Joann Cala 1
3804 Blackhawk Ridge Place
Eagan, MN 55122
651-686-7830
n e- l
alti.o vs� s
�I qL RECEIVED FEB 15 20BE
February 7, 2006
To Whom It May Concern:
My name is Michelle Dehnel. My husband Jerry and I live at 3808 Blackhawk Ridge
Place. We have lived next door to Lesley Tscherne since 1997. That is why we are
writing this letter.
We need you to know that Lesley occasionally baby sitting a dog or two, has NEVER
adversely affected us. We have never experienced additional traffic. We have never, heard
any barking. We have never seen feces in either her front yard or back yard.
(which we have a perfect view of from our deck!)
We no longer have a dog but when we did, Lesley was always ready to help us out when
we needed her. Our dog was elderly and was on daily medicine. The fact that she
desperately cares about the welfare of these special pets was always very reassuring when
we had to leave him.
We sincerely hope she is allowed to continue. Her high level of care for these few dogs
has definitely been a public benefit to our neighborhood..
Thank you,
V
Michelle and Jerry Dehnel
3808 Blackhawk Ridge Place
Eagan, MN 55122
%A
J2rrGj 4 101 cCAP, �(f-
a3 RECEIVED FEB 15?006
Keith & Debby Grittner
3815 Blackhawk Ridge Place
Eagan, Minnesota 55122
City of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
To Whom It May Concern:
We are writing this letter on the behalf of Lesley Tscherne, our next door neighbor for
some nine years now.
Ever since Lesley moved in we have known about her love of dogs.' She has two dogs of
her own and occasionally baby sits dogs of others. Many of the dogs she baby sits are
those of neighbors, or those in need of special care.
There has never been a problem with noise or traffic in our cul-de-sac due to Lesley. She
has a very nice setup for any dog, with high privacy fences and a well maintained yard. In
fact you would probably not even know there were dogs on the premises.
We sincerely believe that Lesley is providing a benefit to those who need a baby sitter for
their dog. There has never been any, adverse affects of this which would include excess
barking or increased traffic.
Please feel free to call us with any concerns or questions you may have.
Thank youi
Keith & Debby Grittner
3815 Blackhawk Ridge Place n-) rn ed, I a
Eagan, MN 55122
651-456-5878 nee /SPA PA to p r
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CI -/ -T
ahool Mail - mychulitas@yahoo.com
61 tiL
From: "David Fondler <dfondler@hotmall.com>
To: mychulitas@yahoo.com
Subject: Lesley Letter
Date: Tue, 14 Feb 2006 14:04:15 -0600
To whom it may concern:
02/14/2006 02:57 PM
Print -Close 1Nin ow
This is a letter in support of Lesley Tscherne. Lesley and I have been
friends for more than three years. On several occasions, Lesley has
done me
ravo when I have gone out of town. Bravo
the favor of watching my dog B
is
about 14 years old and has several old -dog ailments. He needs special
care
and regular medications. I don't know what I would have done if Lesley
had
not been there to care for him. I trust her implicitly, much more than
I
would a commercial kennel.
David Fondler
Business News Editor
St. Paul Pioneer Press
651-470-0867.(cell)
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http://us.f528.mall.yahoo.com/ym/ShowLetteObox-Inbox&Msgld=38... earch=&PRINT=1&Showlmages=&W=44100&order=down&sort=date&pos=0 Page 1 of 1
I r)
"7 RECEIVED FEB 15 2606
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
B. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING -
SUNRISE PROPERTIES
ACTION TO BE CONSIDERED:
To direct that a Comprehensive Guide Plan Amendment to change the land use designation
from LD, Low Density residential to HD, High Density residential, upon approximately 5.1 acres
located northwest of Hwy. 13 and Silver Bell Road be submitted to the Metropolitan Council for
review and approval (OR direct preparation of findings for denial).
REQUIRED VOTE FOR APPROVAL: At least four votes.
FACTS:
➢ The site consists of two unplatted.parcels comprising 5.1 acres and containing an existing
single-family home which was constructed in 1966.
➢ The property is surrounded by single-family, multiple -family and industrial uses.
➢ The property is heavily wooded with a ravine along the west edge of the site.
➢ This site sits adjacent to property of Metropolitan Council Environmental Services,, on
which Kennealy Creek and an extensive wetland area exist.
➢ Development of this site raises issues with tree removal, potential for erosion, and
protection of sensitive natural resources nearby.
➢ The site is located within the one -mile buffer area of the 60 dB contour, placing it within
Airport Noise Policy Zone 4.. Shared -entry multi -family residential dwellings are
anticipated to be a provisional use within the Buffer Zone. As such, sound attenuation
construction standards will apply.
Public street access to the site is currently provided via Wuthering Heights- Road.
➢ The Applicant's concept plan shows access via private street easements over other private
property. This is not consistent with City Code. Access should be provided via public
street.
➢ If access is provided via Wuthering Heights Road, it would need to be upgraded to
current City standards with concrete curb and gutter and bituminous paving.
➢ The proposed HD land use designation allows 12+ units per acre.
➢ The proposed R-4 zoning is consistent with the HD land use designation.
➢ The APC held a public hearing on March 28, 2006 and recommended approval of the
Comprehensive Guide Plan Amendment and denial of the Rezoning to R-4. The APC
stated that PD zoning would be more appropriate given the sensitive nature of the site and
the issues concerning access.
ISSUES:
➢ Surrounding industrial and other multi -family development in the area, as well as the
airport noise compatibility guidelines, support the proposed change to a land use
designation of HD.
➢ Since Comprehensive Guide Plan amendments are subject to review and approval of the
Metropolitan Council, formal action on the associated Rezoning will be withheld until the
Metropolitan Council has responded to the proposed Comprehensive Guide Plan
Amendment. It is still appropriate for the Council to comment on the proposed Rezoning
from A to R-4 at this time.
➢ Given the sensitive physical characteristics -- trees, topography and proximity to a
sensitive wetland and the Minnesota River flats -- as well as the applicant's desire to
utilize new driveway accesses via private easements rather than the existing public street
access, the APC stated that a PD, Planned Development zoning would be more
appropriate than the proposed R-4.
ATTACHMENTS. (2):
Draft APC Minutes o�ff;ough
ages through
Staff report on pages
March 28, 2006 AdVisory Planning Commission Minutes
Page 3_-..
B.Bassett Property
Applicant Name:r Sunrise Properties
Location: 2101 Wuthering Heights Road;
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan Amendment of 4.6 acres from Low Density (LD) Residential to
High Density (HD) Residential.
File Number: 18 -CG -02-02-06
Application: Rezoning
A Rezoning of 4.6 acres from Agriculture (A) to Residential' Multiple. (R-4).
File Number: 18-RZ-02-02-06
Planner Dudziak introduced this item and highlighted the information p esented in the City. Staff
report dated March 21, 2006. She noted the background and history ..
Greg Schlink, Sunrise Properties stated the possibility of makingffl cess road to the east a.
public street. He stated a neighborhood meeting was conduced wli even of the. nine
homeowners attended, all expressing concern for the incrgasrjfn traffic== -Ne discussed grading
of the property and the ravine which will be impacted. .ue�sted thati """ propriate use of
the property be discussed. He requested that he bei,Mowed to move forwa i h the project,
starting with the Comprehensive Guild Plan.
Chair Heyl opened the public hearing.
Rhonda Hawkins, 2121 Wuthering Heigtts,Road, stated thefl@Ve on a dirt road and they enjoy . .
the seclusion. She asked that the develo Mt -be completed wMmut using their roadway.
Eric Vevea, 1496 Sherwood Way, asked tha";tl
Comprehensive Guild Plan. He stated the IoW,
(Commission protect the.
should remain.
There being no further,, is c ent, Chair FfevI :closed tfle public hearing and turned the
discussion back to tom~ mmfssfo
Chair Heyl stated her su
stated many„, eve
the north -sit... ru'r
apartrggAR building. SFM
a PIS � evelopment
impacts.
City Planner Riexpl
designation.
Member Gladhill sts
Chair Heyl in that a
�.�ehens.e Guild Plan change and density. She
jRFA in t ,w, o five years to support the change, including
e sfffYgLpubllc street access is needed to serve the proposed
tted du the site sensitivity with grading and erosion, she believes
Wd be m - ppropriate to lock down the exact development and
history behind the current Comprehensive Guild Plan
gher density is appropriate for this area. He stated agreement with
ed Development is more appropriate for the property.
City Planner Ridley stated concern for the.east access point (public or private) due to the
industrial traffic carried by Kennebec Road and the location .of the driveway cut near the
Kennebec Road/Silver Bell Road intersection. He stated public access, if not from Wuthering
Heights Road, would be better suited on the west end of the property.
.Member Dugan stated general support for the proposal; however, he stated concern that the
Comprehensive Guild Plan change is premature until public access is provided to the site.
Member Gladhill moved; Member Bendt seconded a motion to recommend approval of a
P^r"r%rohnnci%ia rznirla Plan Ampndmpnt to chanae the land use desianation from LD.. Low
March 28, 2006 Advisory Planning Commission Minutes
Page 4 -
Density
Density residential to HD, High Density residential, upon approximately 5.1 acres located
northwest of Hwy. 13 and Silver Bell Road in the SE % of Section 18.
Member Hansen stated support for the proposal if Wuthering Heights Road were to be made a
public and paved street. He stated concern with the lack of public access.
A vote was taken.
Aye: Chair Heyl, Members Bendt, Hansen, Gladhill, and Chavez.
Nay: Member Dugan.
Motion carried 5-1.
Member Gladhill moved, Member Bendt seconded a motion to recommend denial of a
Rezoning to change the zoning of the property from A, Agriculture, to R-4, Residential Multiple,
residential, upon approximately 5.1 acres located northwest of Hwy &nd Silver Bell Road in
the SE % of Section 18. .
Chair Heyl stated the reasons for denial are that the, flexibilitffa PlanE
appropriate for the property due to environmental concerr]& mess post
She further stated a Planned Development would provido ffadity more
and development.
All voted in favor. ' Motion carries (j -u.
Development is
,and the density.
�9I on site impacts
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006 CASE: 18 -CG -02-02-06
APPLICANT: Sunrise Properties
PROPERTY
OWNER: Betty Bassett
Silver Pines. Acquisition, LLC
REQUEST: Comprehensive Guide
Plan Amendment
HEARING DATE: March 28, 2006
APPLICATION'DATE: March 1, 2006
PREPARED BY: Pamela Dudziak
LOCATION: 2101 Wuthering Heights Rd. /west of Silver Bell Road and Hwy. 13
COMPREHENSIVE PLAN: LD, Low Density/ HD, High Density.
ZONING: A, Agriculture; R-4, Residential multiple
SUMMARY OF REQUEST
Sunrise Properties is requesting a Comprehensive Guide Plan Amendment to change the land
use designation from LD, Low Density residential to HD, High Density residential, and a.
Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres
Iodated northwest of Hwy. 13 and Silver Bell Road in the SE'/a of Section 18.
AUTHORITY FOR REVIEW
Comprehensive Guide Plan Amendment:
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land. Use Plan is 'a guide and may be amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to' determine if the
change is in the best long-range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
Planning Report = Sunrise Properties
March 28, 2006
Page 2
Rezoning:
City Code Chapter 11, Section 11.50, Subd. 5 states in part,
1. The provisions of this chapter may be amended by the majority vote of the council,
except that amendments changing the regulations of any district may only be made by an
affirmative vote of two-thirds of all members of the council.
2. The City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
BACKGROUND/HISTORY
Histo . — The single-family residential neighborhood which includes this site was initially within
Cedar Grove Special Area #5 as designated in the City's Comprehensive Guide Plan, and the
Cedar Grove Redevelopment District. The City adopted policies for Special Area #5 and for the
Cedar Grove Redevelopment that would prevent further subdivision of land and construction of
new single-family homes in this area. Based on the request of the neighborhood, the City later
adjusted the boundaries of the Special Area and Cedar Grove Redevelopment District to exclude
the residential neighborhood, however, staff believes the adopted policies remain valid.
Area Development — The site is surrounded by a variety of different uses. Public Facilities to the
west, industrial to the north and east, multiple residential to the south, and single-family
residential to the west.
Zonin — The property is currently zoned A, Agriculture. The property had a variety of zoning
designations throughout the 1960s and early 1970s. Between 1960 and 1974 the zoning included
industrial, single-family residential, residential 4-plex and residential multiple. In 1974 the
property was zoned single-family residential which it remained until 1981 when the zoning was
changed to Agriculture. The property is currently zoned Agriculture.
Comprehensive Land Use Plan — The City's Comprehensive Guide Plan currently designates the
property for LD, Low Density residential use. In 1974, the land use designation was R -M, Mixed
Residential (3-6 units/acre), and in 1980, it changed to Industrial. With the update of the City's
Comprehensive Guide Plan in 2001; at the request of the residential neighborhood, the City
achieved consistency between the land use and zoning of the residential neighborhood --
including this property -- by changing the land use designation from Limited Industrial to LD,
Low Density residential; the adjacent apartments to the south were designated HD, High Density
residential:
EXISTING CONDITIONS
The site consists of two unplatted parcels and contains a single-family home which was
constructed in 1966. The property is heavily wooded with significant variations in topography.
10
Planning Report = Sunrise Properties
March 28, 2006
Page 3
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use
North Seneca Plant
South Apartments/Lo
East Industrial
Northwest/ Vacant/Single-
Southwest family
EVALUATION OF REQUEST
Proposal
I-1, Limited Industrial
R-4, Multiple Residential
I-1, Limited Industrial
PF, Public Facilities/
R-1, Single Family
Residential
Land Use Designation
IND, Limited Industrial
HD, High Density residential
IND, Limited Industrial
QP, Quasi -Public/
LD, Low Density residential
The applicant, Sunrise Properties, proposes to change the land use designation from LD, Low
Density residential to HD, High Density residential upon approximately 5.1 acres located at 2101
Wuthering Heights Road. A Rezoning of the property from A, Agriculture, to, R-4, Residential
Multiple is also proposed. The HD land use designation allows for gross residential densities of
12+ units per acre. The R-4 zoning requires a minimum lot area per unit of 2,750 sq. ft. for
buildings containing more than 6 units. The R-4 lot requirement of 2,750 sq. ft. per unit results
in a density of 15.8 units per acre.'
The Concept Plan submitted by the applicant shows a four-story 107 -unit apartment building on
the 5.1 -acre site. The Concept Plan includes an adjacent 1.7 -acre parcel to the south which
would be used for ponding and access. The adjacent parcel is currently guided HD and zoned
R-4 and thus, does not require the same land use amendment or rezoning.
In support of the land use and zoning change for the 5:1 -acre site, the applicant's narrative states
it is their intent "to provide multiple family housing, while minimizing the impact to adjacent
single family residences." The narrative further states that because of recent office/warehouse
development to the north, apartment/condominium development to the southeast, and the recent
opening of Runway 17/35 at the MSP airport, "the site's continued use as single family
i.
residential is not compatible with these uses."
The applicant's narrative indicates the following reasons the proposed land use and zoning
amendments result in abetter use of the land: a) "multiple. family housing is the highest and best
use of the land;" b) "it will have a significant impact on the redevelopment of the area"; c) it
"will provide positive economic benefits to the residents of Eagan"; and d) "it will provide work
force housing for the nearby employment centers."
"Im
Planning Report_.- Sunrise Properties
March 28, 2006
Page 4
Environmental Impacts
Topogaphy — The site is heavily wooded and generally slopes to the northwest. A heavily
wooded ravine extends along the west edge of ,the site. The ravine has steep slopes with
significant natural resource considerations, including tree preservation and impacts to
downstream property. This ravine is directly above the Minnesota River flats, and appears to be
highly susceptible to erosion., The ravine should be subject to stringent temporary and permanent
erosion control measures with any type of land use and development. The preliminary concept
plan submitted shows potential development within the; southern portion of the ravine area.
Given the significant natural resources within and downstream from the development site,
consideration should be given to limiting development to outside the ravine area.
Storm Drainage — Development of this site will require the construction of storm water ponding
to control rate of runoff and for water quality purposes.
TreesNegetation —Development of this site will be subject to conditions of the City of Eagan Tree
Preservation Ordinance (City Code Chapter 11, Section 11. 10, Subd. 15.1). According to City of
Eagan Tree Preservation Ordinance, allowable removal of significant vegetation for this type of
development (multiple -lot, multi -unit residential) is set at 47.5%. Tree removal exceeding the
allowable limit is an exception to the ordinance. In that event, the developer must demonstrate
"practical difficulties or practical hardships result[ing] from strict compliance." The developer will
need to submit a Significant Tree/Woodland Inventory and Tree Preservation Plan at the time of
building permit application. If removal exceeds the allowable limit, mitigation is required in
compliance with the Tree Preservation Ordinance. In that event, a Tree Mitigation Plan
demonstrating compliance with mitigation requirements will also be necessary.
The applicant acknowledges that "significant grading and tree removal will likely occur on the
property in order to meet its intended multi -family use." and that the adjacent 1.7-acres,"could
provide an area for tree mitigation, if needed."
Wetlands/Wildlife — Because of the steep slopes on the property and potential for erosion as a
result of construction, it may be appropriate to have the proposed development reviewed by the
Lower Minnesota River Watershed District, in which the property lies.
There are no jurisdictional wetlands on the property; however, this site sits adjacent to
immediately adjacent to property of Metropolitan Council Environmental Services, on which
Kennealy Creek and an extensive wetland area exist.
Water Ouality — Because of the size of the proposed development, stormwater treatment ponding
would be required at the time of development and is expected to meet a majority of Eagan's
water quality requirements.
Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Planning Report — Sunrise Properties
March 28, 2006
Page 5
in its Transportation Policy Plan that anticipates the impacts from the continue(. operauan of u70
airport at its current location. Historically, the City has attempted, where possible, to minimize
land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive
Guide Plan currently designates the area as LD, Low Density residential.
The site is located 3.5 miles south of the north -south runway at MSP, adjacent to the arrival and
departure flight track for that runway. Based on the Metropolitan Council Policy Contours
adopted in 1996, the site is located within the one -mile buffer area of the 60 dB contour, placing
it within Noise Policy Zone 4. The Met Council has recently adopted new land use compatibility
guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it -is
anticipated that shared -entry multi -family residential dwellings will be a provisional use within
the Buffer Zone.
This property is located within Airport Noise Policy Zone 4. With the opening of the new North-
South runway at MSP in Fall 2005, this property experienced increased exposure to aircraft
overflights. Architectural designs and construction methods for construction of a shared -entry
multi -family building should incorporate sound attenuation standards sufficient to achieve an
interior sound level of 45 dBA.
Infrastructure Impacts
Access — The subject site is not land -locked; public street access is, and should continue to be,
provided via Wuthering Heights Road. However, the applicant does not propose to. utilize the
existing public street. The Concept Plan shows driveway accesses at two locations, both via
private easement across adjacent properties. This request could be accommodated through a
Variance (with a demonstrated hardship) or Planned Development zoning:
The applicant has indicated that there is currently a private easement across the existing
apartment complex property at 2099 Silver Bell Road. The other proposed access onto Kennebec
Drive will require the acquisition by the applicant of a private easement across Lot 1, Block 1
Cedar Bluffs Business Center (3711 Kennebec Drive), a recently constructed office/ warehouse
facility.
The City Code does not allow for parcels where access is provided only by private streets. While
the'applicant has indicated "impacts to the [single-family] residential neighborhood to the west
will be minimized,by prohibiting access to the residential street," this street, Wuthering Heights
Road, is the galpublic street frontage available to the site. The concept plan submitted does not
depict access to Wuthering Heights Road, a rural -section gravel road within public right-of-way
south of the site. Public street access to development of thissite should be via Wuthering Heights
Road. If access is provided onto Wuthering Heights Road, the entire length of street from Silver
Bell Road would need to be upgraded to current City standards with concrete curb and gutter,
storm sewer, and bituminous paving.
IVA
Planning Report — Sunrise Properties
March 28, 2006 .
Page 6
Fire/Emerjgency Access — The Fire Marshal has indicated that any multi -family development on
this site will need to provide emergency drive lanes such that access is provided, at a minimum,
to within 150 feet of all points of the building. The developer should be aware of this as it may
require additional grading on the northwest side of the building to accommodate such an
emergency access, and may increase site disturbance, tree loss and potential for erosion.
Utilities — Water main and sanitary sewer service is readily available to serve development of the
property.
Comprehensive Land Use Impacts
Historically, this site has been zoned for residential use since the 1960s. The most recent update
to the City's Comprehensive Guide Plan designated this site for LD, Low Density, residential
development (0-4 units per acre). The site is adjacent to a variety of other uses — single-family
residential, multi -family residential and limited industrial.
The proposed multi -family use of the property would be an extension of existing multi -family
development to the south, and a contrast to the existing single-family homes to the west. The
existing apartment buildings are three -stories in height. The proposed high density use is
compatible with land use policies relative to the airport and noise exposure.
School System
This property is located in ISD 4191 and would be served by Sioux Trail Elementary
(Burnsville), Metcalf Junior High School, (Eagan), and Burnsville Senior High School
(Burnsville). The district indicated approximately. 32 students would be anticipated from a
multiple family development on this property, as opposed to approximately 27 students if the
property redeveloped as single-family.
Parks and Recreation System
Neighborhood Parks System — The designated neighborhood park serving this area is
Woodhaven Park. Woodhaven Park is located southeast of Hwy. 13 at Cedar Grove Parkway
and Gold Trail. The Silver Bell Road and Hwy. 13 intersection is a controlled intersection with
an at -grade pedestrian crossing. This site is also in close proximity to the State Park along the
Minnesota River which provides access to walking and bicycle trails as well a boat access to the
river.
In addition to these existing parks, the Advisory Parks and Recreation.Commission is reviewing
whether additional parks and recreation needs should be incorporated into the Cedar Grove
Redevelopment which may provide additional parks services for the area.
Park and Trail Dedications — Not applicable since there is no subdivision application.
0
Planning Report — Sunrise Properties
March 28, 2006
Page 7
Zoning
Zoning, A rezoning to R-4 is proposed. This request is consistent with the proposed HD land
use designation. While the applicant has provided a concept plan, there is no guarantee under R-
4 zoning that the concept plan is what will be developed on the site. Actual plans for building
permit may be different, and provided such plans are in conformance with R-4 zoning and other
ordinances, constructionwould be allowed to proceed.
Given the sensitive physical characteristics -- trees, topography and proximity to a sensitive
I etland and the Minnesota River flats -- as well as the applicant's desire to utilize new driveway
accesses via private easements rather than the existing public street access, the applicant may
want to consider a rezoning request to PD, Planned Development. The intent of Planned
Development zoning is:
a. Providing greater flexibility in environment design and relaxation of strict application of
the zoning ordinance in exchange for greater creativity and environmental sensitivity.
b. Recognizing the economic and cultural advantages. that will accrue to the residents of a
planned community.
c. Encouraging a more creative and efficient approach to the use of the land.
d. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
e. Encouraging a development pattern that is consistent with the land use density,
transportation facilities and community facilities objectives of the Comprehensive Plan..
Due to the significant natural features of the site and area and proposed private access, staff
suggests a Planned Development (PD) zoning may be more appropriate. A PD zoning does not
guarantee policy makers would approve private access; however, it would provide the City with
significantly more control over the ultimate development and the sensitivity of same.
Densit — The proposed R-4 zoning requires a minimum site size of 2,750 sq. ft. per unit. The
two parcels which make up the development site total 6.8 acres. Applying the R-4 lot
requirements of 2,750 sq. ft. per unit, a maximum of 107 units could be developed on the site;
the concept plan shows a 107 -unit building. This translates into a density of 15.7 units per acre.
Recreation Space Required — The. City's zoning ordinance requires that multiple -family dwelling
complexes "shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit
containing two or fewer bedrooms and 100 additional square feet for each dwelling unit
containing more than two bedrooms. Said recreation area shall be a minimum of 100 feet from
any ponding area." Based on the concept plan, submitted by the applicant, a total of 20,110
square feet of recreation area must be provided with the development. Evaluation of specific
development plans for compliance with the recreation space ordinance will be done at the time of
building permit application.
SUMMARY/CONCLUSION
Planning Report — Sunrise Properties
March 28, 2006
Page 8
Sunrise Properties is proposing a Comprehensive Guide Plan Amendment to change the land
use designation from LD, Low Density residential to HD, High Density residential, and a
Rezoning from A, Agriculture, to R-4, Residential Multiple, upon approximately 5.1 acres of
land north of Hwy. 13 and west of Silver Bell Road. The applicant anticipates developing the
site in conjunction with adjacent property to the southeast which is currently guided HD and
zoned R-4, resulting in a development site of 6.8 acres.
Surrounding industrial and other multi -family development in the area, as well as the airport
noise compatibility guidelines, support the proposed change to a land use designation of HD and
zoning designation of R-4. However, any development of the property will raise concerns about
site disturbance, grading in areas of steep slopes, tree removal, and the potential for erosion and.
detrimental impacts to nearby sensitive natural resources (e.g. river, fen). This combined with
the developer's_ desire to provide access only using private streets via private easements, suggest
that the City and/or the developer consider modifying the rezoning request to PD, Planned
Development, which allows for greater flexibility in the application of the ordinance in exchange
for greater creativity and environmental sensitivity.
Staff believes public access to the proposed development is appropriate and, further, that the
Planning Commission and City Council should consider that the time has come to upgrade
Wuthering Heights Road to City standards, if development of the subject site occurs.
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Guide Plan Amendment to change the land use
designation from LD, Low Density residential to HD, High Density residential, upon
approximately 5.1 acres located northwest of Hwy. 13 and Silver Bell Road in the SE 1/4 of
Section 18.
To recommend approval of a Rezoning to change the zoning of the property from A,
Agriculture, to R-4, Residential Multiple, residential, upon approximately 5.1 acres located
northwest of Hwy. 13 and Silver Bell Road in the SE 1/4 of Section 18.
101
Eagan Boundary
Right-ofway
Lll—J�JJJ Parcei Area
Park Area
Building Footprint
® v .o Me
V.&I
maw
mei.-
JL
100D 0 1000 2000 Feet
iiiiiiiiiiia
Development/Developere Basset Property
Application: Comprehensive Guide Plan Amendment & Rezoning
Case No.: 18 -CG -02-02-06 and 08-RZ-02-02-06
rimor N
AAep Prepared using ERSI 110. 3.1. W base map date promAded
by Dakota County office of GIS and is current as of April 2005.
City'dEap W
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Bassett Property
CG Amendment
Case No. 1'8 -CG -02-02-06
Comprehensive Guide Pian
Land Use Map
P
I Current Land Use Designation:
II LD
N Low Density (0.4 units/acre)
goo 0 Soo 1"D F«t
An—
City of Eagan
Community Devatopment,Department
F,
SA
^3
..A. 00
parcel bane map inforrnat n piAdedyr a n County Land Survey Dapartrnert Deambr 2005.
Zoning Information malntolned byClty Stag
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information.
71
N
W+E
S
PROJECT
BASSETT / SILVER PINES PROPERTY
LAND USE CONCEPT PLAN
SITE AREA: 6.83 ACRES
ZONING: R4
DENSITY ALLOWED: 107 UNITS 015.84 UNITS / ACRE
4 STORY APARTMENT BLDG. (107 UNITS)
107 CARS IN GARAGE
UNIT MIX
80'
35 1BEDROOM
61 2 BEDROOM
11 3 BEDROOM
107
107
otio M�Nc l
COMMERCIAL V!V
BUILDING
NORTH
SCALE:
0 50 100 200
P r®je�� Lustif Kation
The vision for the Bassett Property area is a n. it is the intent of Sunrise acent single family .Propertiesal enviroliment.that
o prdes ovide mule
and lifestyle housing for the residents of Eagan. It
tiple family housing, while minimizing the impacts been rto ecently impacted by the development of office residences. As a long e
single family residence; the Bassett Property has
/ warehouse and condominiums on two adjacent parcels..
ar ew l have is an ogoi g impact on the sitso located within the MSP e and
Buffer Zone and the recent opening of runway /
35 surrounding properties. The site's continued use as single family residential is not compatible with
these uses. In requesting the change in zoning, we are addressing the following issues:
What impact does the rezoning have on surrounding property and land uses?
The change in zoning is compatible with the adjacent land uses and
d zo on . kering Heights RoadThe residential Property
,
to the east could be adversely impacted by additional residential
the only public right -of way accessing the site.
What impact does the rezoning bave on the subject property?
The construction of multiple family housing will have an impact on the site as it is currently used.
The grading and removal of trees will visually change the character of the property.
What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and
roads?
The property is primarily an infill parcel and it is believed adequate city services are available and will
have minimal impact on the City of Eagan.
Does the requested land use proposed by the rezoning result in a better use of the land?
est and best use of the land.
Yes. We believe the zone change to multiple loP en of he ary housing is ea, and will provide positive economic .
It will have a significant impact on the redevelopm
benefits to the residents of Eagan. In addition, it will provide work force housing for the nearby em-
ployment centers.
Bassett Property SUNRISE PROPERTIES
Page 7
LanA Use C , Plan
The combined project area includes 5.11 acres of the Bassett property and 1.72 acres of prop-
erty owned by Silverpines Acquisitions. The Silverpines property is currently zoned R-4. Ac-
quisition
cquisition of this property provides access to Silver Bell Road.
In addition, acquisition of right -of -Way from the Cedar Bluffs
Business Center to the east could provide public access to the
site. The only public access to the site is Wuthering
Heights
Road, which enters the property from the west through an exist-
ing
xisting single family neighborhood. Access to the site through this
road is discouraged in order to minimize traffic impacts on the
neighborhood.
We propose a residential development of apartments. -1 he
multi -family use proposed for the site provides a transition and
buffer to the adjacent light industrial uses and is compatible
with the adjacent multi family uses. Impacts to the residential
neighborhood to the west will be minimized by prohibiting ac
cess to the residential street and by providing a landscape buffer
to the adjacent single family home.
Significant grading and tree removal will likely occur on the
property in order to meet its intended multi -family use. The
project will need to conform to Eagan Ordinance No. 217 2nd
Series regarding tree preservation and mitigation. The Silverpi
nes property could provide an area for tree mitigation, if needed.
The project site lies within the MSP Noise Buffer Zone and multi -family is the preferred
housing type.within this zone.
Bassett Property
Page 8
Description QW
Mu*story Apartments 1o7 Units
Bassett Property 5.11 Acres
Silverpines Property 1.7.2 Acres
Total 6.83 Acres
Proposed Density. 15.67 Units / Ac
R4 Density 15.84 Units / Ac
SUNRISE PROPERTIES
Apartments will provide housing opportunities for singles, younger families,
and elderly residents. These apartment homes will be architecturally controlled
and will be maintained by a professional property manager. 1 bedroom, 1 bed-
room w/ den, 2 bedroom, and 3 bedroom units will be featured.
Artist's conceptual rendering of similar home type only. Actual building
elevations and materials may vary.
Bassett Property
.SUNRISE PROPERTIES
Page 9
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
C. PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED
DEVELOPMENT AND FINAL PLAT — EAGAN HOSPITALITY GROUP, INC.
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Planned Development
Amendment to change the approved use from restaurants to hotel, upon approximately 3 acres
located southwest of Lone Oak Road and Holiday Lane subject to the conditions in the APC
minutes.
To approve a Final Plat (Oakview Center 2nd Addition) combining two lots into a single parcel
upon approximately 3 acres, located southwest of Lone Oak Road and Holiday Lane.
To approve a Vacation drainage and utility easements for Lots 1 and 2, Block 1, Oakview
Center.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
The site is vacant and consists of two platted lots.
➢ The applicant is proposing a 4 -story 130 -room hotel.
➢ The site is located within the one -mile buffer area of the 60 dB contour, placing it within
Airport Noise Policy Zone 4. Transient lodging is anticipated to be a provisional use
within the Buffer Zone. As such, sound attenuation construction standards will apply.
➢ NB setback, lot coverage and dimensional standards are satisfied.
➢ With four stories the building height measures 50'8" to the mean roof height, and 58'8" at
its highest point. This is comparable to the adjacent hotel to the west which measures
54'6" in height to the peak roof level.
➢ The building elevations have been corrected and will be brick and EIFS in a color scheme
consistent with the approved Oakview Center materials.
➢ Parking is two stalls short of the required amount, and 9.5' wide stalls are proposed which
is consistent with the Oakview Center PD.
The public hearing for the Vacation of drainage and utility easements is scheduled earlier
on this agenda. The vacation pertains to existing easements on the subject site, and new
drainage and utility easements will be dedicated with the new plat.
➢ The Final Plat combines the two existing lots into a single parcel, and dedicates additional
right-of-way for Lone Oak Road on the north side. The Final Plat dedicates new drainage
and utility easements.
114
➢ The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval of the PD Amendment and Final PD.
ISSUES:
➢ The APC added conditions that a paved fire lane be provided on the north side of the
building asrequired by the Fire Marshal, and that the development satisfy the minimum
30% green space. By providing the required 20' wide paved fire lane, green space on the
site drops to about 25%.
➢ The applicant has been exploring ways to increase green space to compensate for the
added pavement of the fire lane. They applicant reports that adding an island in the SE
corner of the parking lot would gain about 800 sq. ft. of green space, and another 2,000
sq. ft. can be, gained by reducing parking stall width to 9.0'. Even with these changes, the
site remains at about 27.5% green space. The latest information will be shared with the
City Council on Tuesday night.
ATTACHMENTS (3):
M
Draft APC Minutes of March 28, a es &through
Staff report, pages through
Final Plat, page
March 28, 2006 Advisory Planning Commission Minutes
Page 11
E. Comfort Suites
Applicant Name: Eagan Hospitality Group, Inc.
Location: Lot 1 & 2, Block 1, Oakview Center, Dakota County
Application: Planned Development Amendment
A Planned Development Amendment to build a 4 story, 130 room hotel..
File Number: 12 -PA -02-01-06
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated March 21, 2006. She noted the background and history.
Chair Heyl opened the public hearing.
John Winzig, 710 Loan Oak Road, stated on-going concern with noisgfting and trash
affecting his property.
There being no further public comment, Chair Heyl closed th ublic rpt 9 and turned the
discussion back to the Commission. %
Rian Gamble, Badger Midwest Holdings displayed c r renderings and build' aterials. He
stated the colors will be modified to match the s110-fito. cente�..,;;.He stated the o µ served
will be a continental breakfast. He stated with a pav ce a lan30% greensgde will not be
met; however, parking lot modifications can be reviewe Yt the requirement:
Susan Fussell, Engineer stated she is nre how many sta
order to meet the 30% greenspace requi �_ She di
cussi
allow for drainage. She stated on the souft s:t of the
add islands and/or reconfigure the parking f&j_ficregs: Mc�rE
Member Gladhill stated
discussed restaurant u:
Planner Dudziak sta
hotel.
City
Mr. Gamb.tated the
the appe&,gce is
is to amend tW:19
need to be removed in
)posed pavers that will
it may be possible to
different than the previously
Development and to allow for a
enclosure requirements. and stated the concerned
er�t regarding the trash blowing onto his property.
a:-Oroperty is per City requirements and consistent with the
like to lower the lights as long as the parking lot is safe.
Member Hansen fid, Mnber Bendt seconded a motion to recommend approval of a
Planned DevelopmiCiiendment to change the approved use from restaurants to hotel
upon 3.0 acres locate�n the southwest corner of Lone Oak Road and Holiday Lane, legally
described as Lots 1 and 2, Block 1, Oakview Center, in the NW % of Section 12. Approval of the
Planned Development Amendment also constitutes approval of the Final Planned
Development subject to the. following conditions as amended:
1. A Planned Development Amendment Agreement amending the Preliminary Planned
Development shall be prepared and recorded at the Dakota County Recorder's Office prior
to the Final Planned Development Agreement. The following plans are required for the
Final Planned Development Agreement:
• Site Plan
2. A Final Planned Development shall be required and an agreement be prepared and
recorded at the Dakota County Recorder's Office prior to issuance of a building permit. I I
_ -r—+h„ cinol Pinnnari nPvAlonment: (�
March 28, 2006 Advisory Planning Commission Minutes
Page 12
• Final Site Plan
• Final Landscape Plan
Final Building Elevations
• Final Signage Plan
- Final Site Lighting Plan
3. The property shall be replatted.
4. A trash enclosure shall be ctd of materials toside trash storae.match the principaSbuilding ucenclosure shall be
attached to and construe
5. Site lighting shall be through 400 watt metal halide fixtures pole -mounted at a height of 25
feet. All fixtures shall be downcast and shielded to prevent glare. Building mounted
security lighting shall also be shielded and downcast to prevent glare.
6. Building signage shall comply with City Sign Code requirements. �;
7. This site is allowed one free-standing monument sign. All such must be set back a
minimum of 10 feet from all property lines.
8. The monument sign base shall be constructed of the samerials used for the principal
building.cent Ion sign envisioned .
9.. Approval of this hotel proposal shall eliminate the "shop'ng
for the southeast corner of this site.
10. The landscape plan shall be reviewed to ensur�o large growth mate ,conflict with the
water line and easement, and to determine if.,�nore suitable material cavi used in the
islands. Substitutions shall be made if nece aovided within the_'arking
11. Landscape berms to help screen parking areassii
setback areas, where possible.
12.. To be consistent with the Oakview.,Center architectura♦ndards, the elevations shall be
revised to utilize brick and decoratiblock in place of tHij.>hetic stone.
13. The developer shall provide evidenc o - s/ egress edi erit allowing for the
Proposed service drive connection wiYl_,the""p to the we"�, in a form acceptable to
the City Attorney. --
14. This development shal.idstall three Catox trees°�;�i'ffill the tree mitigation.
obligation
for Oakview Centew" 'I `r
15. The fire lane on Ilinorth s W the buildAh' shall be paved with concrete curb and gutter.
16. The developrrlMi@jll meei-Me 30% minimgm green space requirement.
All vc
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006
APPLICANT: Eagan Hospitality Group, Inc.
PROPERTY OWNER: Holiday Stationstores, Inc.
REQUEST: Planned Development Amendment
CASE: 12 -PA -02-01-06
HEARING DATE: March 28, 2006
APPLICATION DATE: Feb. 1, 2006
PREPARED BY: Pamela Dudziak
LOCATION: SW corner of Lone Oak Road and Holiday Lane
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment and Final
Planned Development to change the approved use from restaurants to hotel upon 3.0 acres
located on the southwest corner of Lone Oak Road and Holiday Lane, legally described as Lots 1
and 2, Block 1, Oakview Center, in the NW `/ of Section 12. Approval of the PD Amendment
constitutes simultaneous approval of the Final. PD.
The applicant has simultaneously applied for a Final Plat to combine the two lots into a single
parcel, and a Vacation of existing drainage and utility easements along the parcel line between
Lots 1 and 2.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
Planning Report — Comfort Suites
March 28, 2006
Page 2
Oakview Center was platted in 1999 and the PreliminaryPlanned
consists of 81ots.for the entire site
The entire site was
was approved at that time. The Oakview Center development
graded and streets and utilities installed with the initial construction in 1999. Four of the lots have
been developed — Holiday, McDonald's, a hotel and a retail strip center. The other four lots remain
vacant. The two parcels that comprise the subject site are currently designated for Class I
restaurants in the approved Preliminary Planned Development.
EXISTING CONDITIONS
The site -was previously graded and is vacant. There is no significant vegetation,on the site.
SURROUNDING USES
The following existing uses, zoning, and. comprehensive guide plan designations surround the
subject property:
A, Agriculture
PD, Planned D
A, Agriculture
EVALUATION OF REQUEST
Planned
Land Use Designation
SA/RC, Special Area/
Retail Commercial
RC, Retail Commercial
SA/RC, Special Area/
Retail Commercial
RC.' Retail Commercial
Compatibility with Surrounding Area — This site was considered a Neighborhood Business node
when the Oakview Center development plan was proposed'in 1998. Under NB zoning, a hotel
would not typically be allowed. Through the Planned Development zoning, specific uses were
identified for all 8 lots in the development. One hotel was approved with the Preliminary
Planned Development and was constructed on the adjacent property west of the subject site. The
two parcels that comprise the subject site were designated for Class I restaurants.
The proposed hotel use appears compatible with the surrounding uses. The single-family uses to
the east and north are designated in the Comprehensive Plan to redevelop with retail commercial
land uses, and such development is anticipated to be consistent with NB, Neighborhood .
Business, zoning. There are no other residential uses in the area that may be sensitive to a hotel
use in this location. A hotel was previously deemed*suitable for the adjacent property to the
west. Other uses in the area include a Class H restaurant, convenience store, and multi -tenant
retail building. Remaining vacant lots within Oakview Center are approved for professional
office and a daycare.
Airmort Noise Standards — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Existing Use
North
Vacant (residential)
South
Holiday
East
Single-family home
West
Hotel
A, Agriculture
PD, Planned D
A, Agriculture
EVALUATION OF REQUEST
Planned
Land Use Designation
SA/RC, Special Area/
Retail Commercial
RC, Retail Commercial
SA/RC, Special Area/
Retail Commercial
RC.' Retail Commercial
Compatibility with Surrounding Area — This site was considered a Neighborhood Business node
when the Oakview Center development plan was proposed'in 1998. Under NB zoning, a hotel
would not typically be allowed. Through the Planned Development zoning, specific uses were
identified for all 8 lots in the development. One hotel was approved with the Preliminary
Planned Development and was constructed on the adjacent property west of the subject site. The
two parcels that comprise the subject site were designated for Class I restaurants.
The proposed hotel use appears compatible with the surrounding uses. The single-family uses to
the east and north are designated in the Comprehensive Plan to redevelop with retail commercial
land uses, and such development is anticipated to be consistent with NB, Neighborhood .
Business, zoning. There are no other residential uses in the area that may be sensitive to a hotel
use in this location. A hotel was previously deemed*suitable for the adjacent property to the
west. Other uses in the area include a Class H restaurant, convenience store, and multi -tenant
retail building. Remaining vacant lots within Oakview Center are approved for professional
office and a daycare.
Airmort Noise Standards — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
Planning Report — Comfort Suites
March 28, 2006
Page 3
of its -Metropolitan Development Plan that anticipates the impacts from the continued operation of
the airport at its current location.
Based on the Metropolitan Council Policy Contours adopted in 1996,
the site is located within
the one -mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met
Council has recently adopted new land use compatibility, guidelines, which incorporate the 2007
Noise Policy Contours. Under the new guidelines it is anticipated that transient lodging will be a
provisional use within Zone 4. As such, it must comply with ceestructural
r dig peso materials and
rmance
standards to be acceptable according to MS 473.192. In particular, materials
construction should be such that they will insure an interior sound level of 50 dBA (provisional
land use performance standards) as compared with a noise level of 64 DNL (based on tion of at the side
boundary of the noise zone). This would require an inside noise level
4 dBA.
Site Plan — The Site Plan shows a four-story 130 -unit hotel building on the northern portion
n of
the site, with parking on the south east and west sides of the building. The building's
entrance faces south and has a drive -under canopy for check -ins and drop-offs.
The trash enclosure is attached to the west side of the principal building. Access sisproposed
ed driveway
from Courthouse Lane to the across from Holiday Lane to the south, an
with the existing hotel to the west.
opment deviation from typical zoning bulk standards may
Bulk Standards — As a Planned Devel
be allowed.
Setbacks — The building is situated in the center of the site. It is placed at the minimum
required 50 -foot setback from Lone Oak Road, and �tA
lines. Minimum Parking setbacks are proposed to be 20 feet from all public street
fire lane is proposed along the north side of the building and is set back more than 20 feet
from Lone Oak Road. These setbacks are consistent with ordinance requirements.
Building Coverage — The proposed building coverage is 18%. This is consistent with
typical commercial district zoning standards which allow 20% - 30% coverage.
Building Height — The Zoning Code does.not establish a maximum height requirement
for Planned Developments. The proposed four-story hotel, measures 50'8" to the mean
roof height, and 588" at its highest point, as shown on the Exterior Elevations Plan. This
amount is comparable to the adjacent hotel to the west which measures 54'6" in height to
the peak roof level. Building heights that exceed the maximum requirements of the City
Code (30'-35' in commercial zoning de P wed Development however, the) are normally handled as itional use
proposed
permits (CUP). Under the terms of th
building height can be accommodated without a separate CUP process.
Green Space — The site data indicates green space of 31.4%. Commercial development is
typically required to provide a minimum of 30%. The applicant is proposing to construct the fire'
lane along the north side of the building using grass pavers to satisfy green space requirements.
Es
Planning Report— Comfort Suites
March 28, 2006
Page 4
The pavers will support the weight of emergency vehicles if necessary, but allow turf grass to
grow and do not create additional runoff.
Parkin — City Code requires that parking be provided in the amount of one stall for each room
plus one stall for each 8 rooms. This calculates to a minimum required parking amount of 146
stalls. The applicant is proposing 144 surface parking stalls.
Parking stalls are proposed to be 9.5 feet wide by 19 feet deep; two-way driving aisles are
proposed to be 24 feet wide. While stall width is less than the I 0 -foot hemPmcurrently
l urinary Planned
required by City Code, it exceeds the 9 -foot width that was approved m t
Development and was utilized in the prior Oakview Center developments. In addition, the
applicant's narrative states that the dedication of additional right -of --way to Dakota County for
Lone Oak Road reduced the size of the site, making it more difficult to fully meet the parking
standards.
Landscaping — The Landscape Plan appears to be acceptable. A variety of deciduous, evergreen
and ornamental trees are proposed, with shruand
Shade trees are proposed on the north side of
from the public rights-of-way appears acceptable.
the building. Because of the water main in this area, the planshould be reviewed to ensure no
large growth materials conflict with the water line and easement restricted along the south edgeofhe substitutions operiy due todbe
the
made if necessary. Planting is also restn g
presence of a gas line easement.
Staff has some concern with the use of shrubs in the parking lot islands. Shrubs are susceptible
to damage from snow storage and thus can be difficult to maintain in an attractive and healthy
condition. Staff suggests that more perennials be used in these areas because they are dormant in
the winter and are not as affected by snow storage. The applicant should have the landscape
architect review the plan to determine if a more suitable material can be used in the islands.
Building Elevations/Architecture — The Preliminary Planned Development included four
packages of building materials and color combinations for use within the Oakview Center
development. The applicant is proposing to use synthetic stone and two colors of EIFS. This is
not consistent with the architectural materials specified in the Preliminary Planned Development,
which call for brick, decorative block, and EIFS. Synthetic stone is not anapproved building
material in this Planned Development and the applicant also did not identify colors for the
various materials. To be consistent with the Oakview Center architectural standards, the
elevations should be revised to utilize brick and decorative block in place of the synthetic stone.
The proposed building architecture is four-story 130 -unit hotel with a peaked roof line. The
building design does provide variations in materials to create both horizontal and vertical
elements. The long roof line is interrupted with 4 roof peaks on the front and two on the back.
The plans show divided windows which add visual interest.
Site Lighting — City Code requires that on-site lighting be provided as is necessary for security,
safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting
VL\
Planning Report — Comfort Suites
March 28, 2006
Page 5
shall not be directed upon public rights-of-way or adjacent properties and the source of light shall
not be visible from off the property.
The Preliminary Planned Development included a Site Lighting plan. The approved site lighting
uses 400 watt metal halide pole -mounted fixtures for parking lot lighting. Site lighting is
mounted lights with 400 watt metal halide flat lens shoebox
proposed through free-standing pole- .
type fixtures. These fixtures are to be mounted on 20' poles within the parking lot. The other
Oakview Center buildings have used different fixtures, but are 400 watt metal halide and are
shielded and downcast. Thus the proposed parking lot light fixture is consistent with the other
buildings in this development, however, the proposed mounting height is lower at 20', the other
parking lights are mounted at 25'. For consistency throughout the Planned Development, the
pole -mounted fixtures should be mounted at 25.
The photometric plan shows acceptable light levels. Light levels achieve a minimum of 0.5
footcandles within the parking lots, with a high of 11.2 footcandles and an average of 3.41
footcandles. Light levels at the property lines are 0.3 footcandles. The average to minimum ratio.
is 3.4, suggesting fairly uniform light levels throughout the parking lot.
Security lighting on the building utilizes 175 watt metal halide fixtures mounted on the exterior
of the building, and recessed beneath the entrance canopy.
Sinae —The Comfort Suites is proposing building signage above the main entrance. No
monument sign is proposed. The Preliminary Planned Development agreement provided for
individual lot monument signs. While this site is comprised of two lots, the developer proposes
to combine them into a single parcel with one building. Thus, the City Code allows only one
free-standing sign per building.
Any monument sign must comply with the design criteria of the Preliminary Planned
Development which is an internally illuminated sign panel on a brick base. The approved sign
dimension for this site is a 5' high by 12'6" wide sign panel with a 3' high brick base. All free-
standing signs must be set back a minimum of 10 feet from all property lines. The brick sign
base was based on the brick materials for the principal building. If City officials determine that
this building may utilize synthetic stone, then any monument sign should have a base constructed
of the same materials used for the principal building.
The Oakview Center Preliminary Planned Development also included approval of a shopping
center pylon sign on the southeast corner of this site. The developer is proposing that the
shopping center pylon sign envisioned in the Preliminary Planned Development be eliminated.
Because the Preliminary Planned Development did not specify requirements for building signage,
building signage is subject to compliance with City Sign Code requirements.
Gradin/ Topog aphy — The site was graded with previous development in the area and is
generally open and slopes to the south. The proposed building grade is about level. with the
Planning Report — Comfort Suites
March 28, 2006
Page 5
elevation of adjacent Lone Oak Road. Landscape berms to help screen parking areas should be
provided within the parking setback areas, where possible.
Storm Drainage — Storm sewer drainage is available via existing stone sewer pipe and pond
(Pond GP -11) to the southeast of the site.
Utilities — Existing sanitary, sewer,and water main of sufficient size,aepth, and capacity axe
available from Courthouse Lane for connection by thus development
Streets/ Access/ Circulation — Street access is proposed at two locations, one
as the of the site; h leg of
the
the Holiday Lane/ Courthouse Lane intersection, in the south-central portion
other through a connection to the existing parking lot for the adjacent hotel lot to the west.
A fire lane is required and has been provided on the north side
o f t e h am Bred g. Wy overhead le the site is
adjacent to a public street, emergency access to the building p
utility lines. The developer is proposing to utilize grass pavers for this fire lane. The Fire
Marshal has indicated that the grass pavers are not acceptable for emergency access because they
are usually not cleared to afford emergency access during the winter months. The fire lane on the
north side should be constructed of bituminous, asphalt with concrete curb and gutter.
Pedestrian circulation in the area is provided by sidewalks and trails on Courthouse Lane and
allows for pedestrian connections between the lots within Oakview Center.
Easements/ Permits/ Right -of -Way — The developer should provide evidence
of ingress/
ngr a s/o gr eess n a
easement with the property to the west, allowing for the proposed serve
form acceptable to the City Attorney.
Wetlands/ . ater Quality — There are no jurisdictional wetlands on the site. Water quality
requirements for this site were previously satisfied with the first phase of the Oakview Center
development.
Tree Preservation — This site is responsible for three Category B trees to fulfill its share of the
tree mitigation obligation for Oakview Center.
Parks and Recreation — This development is responsible for cash park and trail dedications due at
the time of building permit at the rates then in effect. The 2006 rates are $5,790.00 per acre for
parks and $1,251.00 per acre for trails.
SUMMARY/CONCLUSION
Badger Midwest is proposing to amend the Preliminary Planned Development for Lots 1 and 2,
Block 1, Oakview Center by changing the approved use from two restaurants to one hotel. The
proposed hotel is four -stories and 130 rooms. The use appears compatible with surrounding
uses; however, the proposal includes some deviations from development standards in the
Preliminary Planned Development and from typical commercial zoning standards. It is a policy
{24
Planning Report = Comfort Suites
March 28, 2006
Page 7
matter for City officials to determine whether the proposed change in use is acceptable and
whether to accept the proposed deviations as part of the Planned Development approval --
building height of 50'8"; use of different architectural materials than specified in the Preliminary
Planned Development; 9.5parking stalls; and elimination of the center pylon sign.
While this proposal amends the prior Preliminary Planned Development
for this
site,
developer will
Planned Development will be required prior to issuance of a building pe
need to review and revise the final plans to be consistent with and to provide any additional
'information called for in the conditions of approval of this amendment.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development ,Amendm � comer changet to Lone Oak Road and
from restaurants to hotel upon 3.0 acres located on the south
Holiday Lane, legally described as Lots 1 and 2, Bogme�dmentealso coCenter,
nstitutesthe
approval of the
Section 12. Approval of the Planned Development
Final Planned Development. If approved the following conditions shall apply:
1. A Planned Development Amendment Agreement amending the PreRecorder' Plannedliminary 0Office
Development shall be prepared and recorded at the Dakota County
prior to the Final Planned Development Agreement. The following plans are required for
the Final Planned Development Agreement:
• Site Plan
2. A Final Planned Development shall be required and an agreement be prepared and
recorded at the Dakota County Recorders Office prior to issuance of a building permit.
The following plans are required for the Final Planned Development:
• Final Site Plan
• Final Landscape Plan
• Final Building Elevations
• Final Signage Plan
• Final Site Lighting Plan
3. The property shall be replatted.
4. A trash enclosure shall be provided for outside trash storage. Such enclosure shall be
attached to and constructed of materials to match the principal building
5. Site lighting shall be through 400 watt metal halide fixtures pole -mounted at a height
of 25 feet. All fixtures shall be downcast i shielded and doto prevent glare. wncast to prevent glareing
mounted security lighting shall also
6. Building signage shall comply with City Sign Code requirements.
W -Mit
Planning Report — Comfort Suites
March 28, 2006
Page 8
7. This site is allowed one free-standing monument sign. All such signs must be set
back a minimum of 10 feet from all property lines.
8. The monument sign base shall be constructed of the same materials used for the
principal building.
9. Approval of this hotel proposal shall eliminate the "shopping center" pylon sign
envisioned for.,the southeast corner of this site.
10. The landscape plan shall be reviewed to ensure no large growth materials conflict
with the water line and easement, and to determine if a more suitable material can be
used in the islands. Substitutions shall be made if necessary
11. Landscape berms to help screen parking areas shall be provided within the parking
setback areas, where possible.
12. To be consistent with the Oakview Center architectural standards, the elevations shall
be revised to utilize brick and decorative block in place of the synthetic stone.
13. The developer shall provide evidence of ingress/ egress easement allowing for the
proposed service drive connection with the property to the west, in a form acceptable
to the City Attorney.
14. This development shall install three Category B trees to fulfill the tree mitigation
obligation for Oakview Center.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning Map
Current Zoning:
PD
Planked Development
000 0 on 1200 F -t
PF
PD
Comfort Suites
PD Amendment
12 -PA -02-01-06
Location
-Comprehensive Guide Plan
Land Use Map
+ SA
.a
•
Location
s
s
RC
SA
Current Land Use Designation:
RC
Retail Commercial
IND
RC
at4
�uNK HWy, NO, SS
LD
RC
IND ~�
am 0 600 12911 Feet
w / may: _
N
Pereol base map Infonm0on proMedry Dakota County Land Survey Deportmert Daembor 2906.
Zoning informatbn malntainod btCNy ttefL i�
41111111111116 W E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
City of Ea�aIl S
The City of Eagan and Dakota County do not guarantee the accuracy of this information.
0
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surrq'ut8 and planing of the QeveIpP11W14 Rued IIPWI Ihae prior files and ow
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a_ The boundaries of Lots 1 sod 2 tad mmllanemed said boundaries.
b. Visibk improvumms os -sire sad visible eouosehauog.
C. APPmauaale hurled WaW s, on tad idj i,.i V Ute elle and visible above
gmuad W1liliet.
CL Asveage of the property.
e. Emeoluas shown on Me recorded pWL
2. Due m the lime tnennoints of this survey we woda mos ft following:
e, The uadergroudd Utilities shown are from Prim iocmmapping end are
le mind m
deOWI— A Oaplser SIM One Cs" ""y Weise Rgaest
be Psdmmed. These m, be ether utililies m 4iu, am kamvo 1. us. A
ewrem I.. sbaidd be perfmined as well as City and Cotwy m-hu01s
«viewed.
b. No eurrtm Title Coalmismem infon"ios was ava"AnIcso we lent."!" oo
«prdsent.d. m m Mono ones on the pmpeny.
Al probnWy muted -use moss easeavam whh adjoining PM -Is AW the 0""
w0iila sad axes drum shown: we have ant seen them.
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( n.laer.wr.ro2eama
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60' forward throw sham 0100 hlmh7ah for
HID lamp. totally witted_ Hooslml Is 3e8"da".
d'm•rasl aluminum. Mounlhg 01nshas of a 1.8'
(44 mm) wide by 4S' (114 mm) high by t.5'
(38 mm) bog extruded alumhmm OFFIL The arm
h held in Place wuh two 3W (9 mm) mounong
rads listened to a SINI bsdit Plane bCside the
Pole, and by two nide Inside me extent housing.
Mom" rads are provided with sNeng
washers Io in. a water leakage. Lean aSsem-
bly corahts of right ah adman frame and high-
brnpa L dearbmPend glass. .
16.w
�.sworr
wa�i,aaa�..t.s
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AG7425-N ZStVP MH
20.000
1
psemta Adnan Ugar Lereh at grad" -
2 fadara PIT Pole 0180'
6-0 awbtwrsalaRia6llWPd." goom gles.e.ma9-Lost
Mas. Recommended Pole•spaci g Faahaedles LUX
x x T
7
.-
a
24OV
7.76
4-003
7p
25
--_-- ---52 -----
6
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lw.auw, "" werew us asawn.aR aaeaiP!a
magwa
flow uo" aAa W 4d0.hr0 aaaam.
F M includes dear, magul-base lame:
320 - 4WW PSMH and 4001P MH Maize am
ED28 rethmed errvebpe lamp. Pul a -bbd
Votabdo ted
IamPhtlderwith sdPrina'n"
baded center contact
and lamp gdPs• Lamp l9naor ba tided where
bqubed. Ag banam assemblies are ldo-potrer
lector amt use the following docud NPe:
geacW(2T7V PSMH)
Z00 - WIN PSMH
CWA - ComM nr WaRage Autotransl-
200-40OW PSMH. 175 - 40OW MH:
250-40OW HPS
US 4,689.729
1• 1
•ugly ----
P
-SP 5amtdPaobes0pw4m1'1_ __.-__._ __
p Owrt2 Standby
(indo0es IOOrr Voalx bmp)
. fedi o02r7o Rwctoll
Sp�/ fat Ssgb Yaxge - S. � SWC xq
Exdusiw DellaG0ar1161611511 features an E•coat
epoxy primer with medium bro ne acryec
powder Topcoat providing orcetleRi resistance
to wrrooslo% ultravmbt degradatlim and
abrasion. The en eh is cored by our seven-
year limited warranlY.
ANSI lamp wattage label applied. vitiMe daring
relamping. UL Listed In US and Canada (or
wd I=#= and errcbsure dassi(md IP65
per IEC 529 and IEC 596. -.
t
FwG-18 TRre6mrd _- --
56416_..Ba0§9l hlM -___
Ruu®
9201 Washington Avows Radom. Whwud n 53406 88.1
.3772 USA PHONE (262) a90o FAX (262) 884-3309 LIGHTING
®noadllBMegIAL pwhdkWA w"wtoamghNq�
1 -TR' CLOSE POLE MOUNT
16" (406 mm) AREA CUTOFF FLOOD
endo daedt" PW satyr baht leolowdhs at glade. F00100M 00929 Loa)
EPA RATING
Fag n R lnr single fixture virith 0a lilt (Consult factory for EPA faling on (MI01110 units).
U0htht9 seheas arc.
Camped Toss ROW Na_ Let 10567
Cwtilainwer disMhlle
an sena MOW MR
AM Cab" P101011 m witaaer begot"' Striel -
A.a
ra/
20.6
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at
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Ligmhq sehnees fim-
CerflRed Rod Raw no. LSI 10246
C=7.0.
dhpowm dWdbdt6a evm d 250W RPS
ArN C6bp fleed110I1 wMhd bacar�M saaetd.
Pole -spacing Example Data
'WWW 20 e W 10 W W �
X21
20e
203
Na
tee
2 az
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e.1
R2
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flwdgm m 2917.0 m) Mwedog Win -
r.461 tin. Iona Nddw ohm healed
for baddithl CMW OUR vhw)
m
hollmlandh plat of 460W IPS Area Cdep
halwlandle Ptd el 40M HPS Area Camp
floodlitat at 29 (7.6 m) mu"nt he19M:
yleadpgM at w (7.6 m) morning again.
U* Ira. adtA McMlgm 311141111or
venial tel, wdm baddlgb saiem hated
"dial
remoNd-1Plan war+)
for bacallgM one. R'hn ahw)
AG7425-N ZStVP MH
20.000
1
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6-0 awbtwrsalaRia6llWPd." goom gles.e.ma9-Lost
Mas. Recommended Pole•spaci g Faahaedles LUX
x x T
AC74t7-m 175W MR
120W
20• (6.1 m)
w Vaam
23
AG7425-N ZStVP MH
20.000
25' (7.6 m)
7S (229 m) x 119 (333 m)
(29.0 m) x iN (436
27 ml
3'SI
.2t0_
- - -- -
ACll40•U aUOW M11 - -- •---
. ..
J2,0110-
-
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3S' (7.6 ml
20' (9.1 m)
95 (29A ml x 140' (427 m)
its' (35.I e1) x Ifw (50.7 m) _.._ - __
7.76
4-003
7p
25
--_-- ---52 -----
AC1525-M 250W HPS
... -
--' - .....
Z9 (6. )31
m
_... 79 (22.9 m) x ItQ (78.5 m)
a m x 140. 427 m
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4-03
ted
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0.
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25' (rim)
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95 (29.0 m) x 1M (427 ml
sea
3.77
ss
as
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t t5' (75.I m) a 16S SOJ ml
-- - -- --.._-.
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9201 Washington Avemb Raine. Wiscoobh 53406-3772 USA PHONE (2m ass -1900
FAX (262) 884-3309
LIGHTING
41 Rand 1pbeq int:
A.UO. USA
waw,ao0sgA6gmm
rt"e�
RECTANGULAR BID WALL MOUNT
AR/0l CP
PROJECTION CUTOFF
61IM11J. IpI:D'a rf •iMt••!_g1L1311L'inaaa�
1P (154 mm)l x 8' (152
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Gasket 0.25• to mm)
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fishh odor-�
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23' (57 mm) a
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Topple with-
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Head Cap
lampholder
Alumlmrm
Shroud SWEVIEW
AECTANGULM HID WALL MOUNT
PROJECTION CUTOFF
Side Vlew
T.Wbmg Sebaeas tuts.
carolled Tal Raped Ns_ LS128g8_
we
Pet�•taeplu haNrspyaw ion C" Fhdam.
2
i
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0
EFFICIENCY = 60.1%
pbmnas In U ft Of Moudfng mehghl
bei ntaedle plot 0178W HPS fiedangabr rre)athm Csta11
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lmraalranale pleb Thus bftl lookamemes at 73ft (FsstaMM 'a Ban '10)
AMU
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AIME
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5.0
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637
95.0
Aluminum dfacesl ballast hoost g leMm a
flxlure inchdas Gear. medium -base lamp and
Endusive OdMaG u D� �an -saat
u bma n 3c
mL
40.0
Thermal air baboon chamber separating the
porcelain enclosed. 4kr-rated scrM-shallPa
lamphoMer weir sp7hmg loaded coder Contact
�
PMd PIOGd nt
Moslemballast
45.0
care and cog from the other electrical
lxxnpowls. Supplied with a neoprene seanng
Wmp Iga ter Included where raq*W. AB ballast
to corrasion, nerevhtbt degradaBon sad -.
e finish is covered DY our seven
50.0
gasket for complete treat NMMOUP9 at the
assemblies are normal power factor and use the
ayear A t� �
525
mouneni; Surface. A siBco ne rubber 5631 is
fallowing dreu0 types:
76
55.0
a 9letmre
hmihed b l Inset housing and Sled
a velar- armd Insect -light seal. Sled Pottme
Reactor HPS
35 _ 78W HPS
t .
mounting bar and threaded nipple pmvMed for
direct mounting to recessed IUWAW box. Clear
Resctadrrensramer(208.240, 277V)
ESe•T Sanaa Moad4mg as -_
eMk lens is WW to housingw8h Phillips-
35 - 70W NPS
i ; - -- - - -- -
head caPlive elelnless-steel straws. Combha-
RX - High Reactance
lion at Internal ponsled aluminum AM0111 and
50 - 7BW MH: 7OW HPS (347V)
semi -specula reflector directs Tight oat and
.
May from Mass.
ANSI bhp wattage bbel suppBed. visible during
ebmping. UL Listed In Me US and Calmab for
we, kmcagoas and enclosure dassNbd IP54 per
IEC 529 and IEC 596.
9207 Washington Avenue Racine. Wbmstn 53408-3772 USA PHONE (28218001900
RUUD e
(262) �d 3309 . LIGHTING
O ed ilplNa9 kx: PrxvN WMA
no
wswmwaeanaa9.eaa
MIN _ - - -
AECTANGULM HID WALL MOUNT
PROJECTION CUTOFF
Side Vlew
T.Wbmg Sebaeas tuts.
carolled Tal Raped Ns_ LS128g8_
we
Pet�•taeplu haNrspyaw ion C" Fhdam.
2
i
0
0
EFFICIENCY = 60.1%
pbmnas In U ft Of Moudfng mehghl
bei ntaedle plot 0178W HPS fiedangabr rre)athm Csta11
Mahn $116 P ml meavang MMOL in -slew)
lmraalranale pleb Thus bftl lookamemes at 73ft (FsstaMM 'a Ban '10)
AMU
AR/0l CP
AIME
&*" CP
-. 0.0
433
57.5
2522
5.0
875
60.0
625
2391
2287
t0A
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659
2842
too
972
W5
2678
20.0
1182
10.0.
2247
me
1267
72,5
14W
90.0
1301
75.0
637
95.0
1230
775
743
40.0
1667
80.0
103 -
45.0
2141
625
125
50.0
V47
BSA
95
525
2054
87.5
76
55.0
2653
90.0
63
Maximum Candbpower: -2654
Pbre of Maximum CP. 0'
VwMA- Angle of MaxInmm Candlepower fid6V
Lumen Raft
MOUNTING HEIGHT CORVERSION TABLE
Feolandte -011 tar emuxMg baigMs saw Bum 16 (3 m) my
i s abbbad 1h ammptyba9 k salacs by 0e bllarlag:
HEIGHT
MULTIPLIER
7A' (Zi m)
Z04
BA' CM m)
1.56
9.6 (2.7 m)
-1-23
12A' (3-7 m)
0.69
15.P 14.6m)
0.44
20.4' (6.1 m)
0.25
LAMP WATTAGE CONVERSMN TABLE
FedcoWW 101141093IIP wseall" and bmp"M saw Mw
70W RPB may 1m d"Isad aT moPiAinv ieWheat n► we kmsning
SOW MIT
0.48
70w MH
0.79
_
35W TIPS
0.35
SM ZIPS
463
RUU D 9201 Wasmagtom Aveaae Racine. Wbmdn 53406.7772 USA PHONE (202) 9e6 1900 TAX (262) 084-3M
LIGHTING ,tae nmxtz
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llw
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RECESSEDT-BAl10R.f:RrO MOUNT I ' T' LABOR—SAVER — HID
7" LABOR -SAVER — HID
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reReclor is 0.06 Urhk with polished ratites and for damp bca
condnuoos sell -Mange. Road" is furnished UL Listed br Ore US and Canada
— wo adpasabla yoke for hush or drop callings tions afar hmd-Ihrevo wiring• rw.+aeru,r�,p, -, .,, • .a .}. • .a
up to 11Y. Designed to accommodate most : se .,A
suspended cming systems. Mounts directly to
Ore note nerenes of on stmPdard gdd. wnceshd patent pending
T or sM grid wRteg "MM spaced 24. apart
qM CIMCULAMt Um an dW1 W dwormwwmw ma of Maoo awbawpaal
RMWN aglmwmr 12im%,. eo. ism MUM
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RU U X'
RU UD PHONE (264 8e&1900 � (M! �
FAX 664-3309
9201 Washington AvemPe Racine, Wiscortsin 53406.3772 USA n4-3309rzlraz
6 886-1900
LIGHTING LIGHTING oMavatasPeaawa v;.waxtw
9201 Washington Avernre Racine. Wlswrrsin 53406.3772 USA !'HONE � � Horn!
®Mwaueremera CrirhderUSlt ""Pr'00o0w 1
OAKVIEW CENTER 2ND ADDITION
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LEGEND
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SHEET 2 OF 2 SHEETS
B L
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MOM
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McLAGA---
SHEET 2 OF 2 SHEETS
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
D. REZONING PRELIMINARY PLANNED DEVELOPMENT AND
PRELIMINARY SUBDIVISION — REVESTORS
ACTION TO BE CONSIDERED:
To approve (OR to direct preparation of findings for denial) a Rezoning from NB to PD for a
mixed commercial retail/office development upon approximately 9.82 acres located SE of Red
Pine Lane and Hwy. 3.
To approve (OR to direct preparation of findings for denial) a Preliminary Planned
Development for a mixed commercial retail/office development, upon approximately 9.82 acres
located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC minutes.
To approve (OR to direct preparation of findings for denial) a preliminary Subdivision to create
two lots upon approximately 9.82 acres, with a Variance to allow a lot with <50' public street
frontage, located SE of Red Pine Lane and Hwy. 3, subject to the conditions listed in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes/majority of Councilrnembers
present
FACTS:
➢ The site is vacant and consists of two unplatted parcels and a remnant from the
construction of Red Pine Lane.
➢ The site contains wooded areas and a wetland on the west edge; the site is separated from
Hwy. 3 by railroad tracks. The existing building in the SW corner will be removed.
➢ Three buildings are proposed with a total of 78,406 sq. ft. Building A contains a bank
with a drive-through, Building C contains the anchor tenant, a grocery store.
➢ Permitted uses in the NB district would be considered permitted and, save for the bank
drive-thru and on -sale liquor in conjunction with a Class I restaurant requested at this
time; any other conditional uses in NB zoning would require a PD Amendment.
➢ Primary access to the site is via Red Pine Lane, with a service drive from Gun Club
Road.
➢ A portion of Gun Club Road is proposed to be vacated causing Lot 2 requiring a
deviation for <50' frontage on a public street.
➢ Ponding is proposed in the SW comer of the site; rain gardens are proposed throughout
the parking lot for conveyance and infiltration of runoff.
➢ De minimus wetland fill of —94 sq. ft. is proposed.
➢Building architecture is reflective of a railroad depot. Materials include limestone, brick,
stone, glass and slate roofs. Building C, the southerly -most building, has two
142.
architectural depot elements that exceed 30 feet in height; however, the predominant
building height for each of the buildings is consistent with the 30' maximum height.
➢ A traffic study indicates that the proposed development will use the excess capacity of
the signalized intersection of Red Pine Lane/Hwy. 3. As such, street improvements are
conditioned as part of the approval to insure that the additional traffic will maintain an
acceptable level of service.
➢ To accommodate ultimate development in the area, additional mitigative improvements
to Hwy. 3/ Red Pine Lane may be necessary to maintain an acceptable level of service.
The developer has petitioned a feasibility report to study roadway improvement needs.
➢ The Advisory Planning Commission held a public hearing on March 28, 2006 and
recommended approval of all action items.
ISSUES:
➢ During the public hearing residents expressed concerns about traffic, safety, lighting,
uses, pedestrian amenities, noise, and hours of operation.
ATTACHMENTS (2):
APC Minutes of March 28, dated through
Staff report, pages through 1W
March 28, 2006 Advisory Planning Commission Minutes
Page 13
F Red Pine Crossing
Applicant Name: CNH Architects
Location: SE 1/4 of Red Pine Lane and State Hwy 3
Application: Rezoning
A Rezoning of 9.82 acres from Neighborhood Business (NB) to Planned Development (PD).
File Number: 36-RZ-01-01-06
Application: Preliminary Planned Development
A Preliminary Planned Development to create a mixed use neighborhood commercial
development.'
File Number: 36 -PD -05-12-05
Application: Preliminary Subdivision
A Preliminary Subdivision of 9.82 acres to create 3 lots.
File Number: 36 -PS -02-02-06
Planner Dudziak introduced this item and highlighted the inform
resented in the City Staff
report dated March 21, 2006. She noted the background an�sto
Wayne Hilbert, CNH Architects explained changes in tl�tk-plan that e � affic. He stated
Y
concern.that the setbacks are not appropriate on sora=parts of the property.
fired. �-.stated conditio hould be
Mr. Gorder stated condition number 17 is no lon�er� s1. r uired of the developer,
modified. He discussed the Red Pine Lane street impr� e4
Chair Heyl opened the public hearing
Marybeth Wehrman, 4818 Red Pine CourtF5.tat
business however asked the developer to liken t
size and elevation of the development. She §!,@ti
the residents. She statedcow or tree press
sale of tobacco or liqu%Wn � hours of o''
crime. She stated cor--n for th� , fety of child
Martin Vrieze, 3798 Red
impact construct nOis
Lori s"a--ke, 4829 Re
and ,itht@sed crime.
p, is not opO a neighborhood
,encerns. _$he stated concern with the
„ e- V trails should be included for
µ,,,.
on and ffifi structure. She requested no
tion are' estricted and a concern with future
with the increase in traffic.
increase in traffic from Cliff Road, the
concern with safety, increased traffic, light pollution,
Cher access on Highway 3.
Scott Grosser, 4820 Redd Court, stated concern for future traffic from development in
surrounding arf Eagan affid Rosemount.
Julian Bell, 4815 R"ourt, stated concern for safety, value of his home, increased traffic,
types of businesses, hw. ,s of operation, noise, parking, limited access, truck deliveries,
increased crime, structure and design, maintenance of the wetland, and the wildlife.
Jessica Grunklee, 4828 Redpoll Court, stated concern'for traffic, the need for additional access
from Highway 3, type of businesses, tobacco and liquor restrictions, hours of operation, and
building height.
There being no further public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Mr. Hilbert stated the goal of this development is to attract unique and upscale businesses. He
stated there will be a medium sized grocery store. bank_ and restaurant with
nts that are taller 144
March 28, 2006 Advisory Planning Commission Minutes
Page 14
than the 30 -foot restriction support the Railroad Depot theme. He stated sidewalks are provided
throughout the site. He discussed the parking lot design. He pointed out the few areas that will
not meet the 30 -foot setback wetland buffer policy. He stated the lighting will be shiel
eded and
will meet City standards.
Aravind Gottemukkula, Traffic Engineer stated a complete traffic study was done to gauge the
impact of the development... He discussed the traffic study and stated 95% of the traffic will come
from Highway 3. He also stated that under the full build -out scenario, the Highway 3/Red Pine
Lane intersection will continue to function at an acceptable level.
Chair Heyl asked Mr. Gottemukkula to specifically respond to residents concern that the traffic
will interfere with the school. ---
Mr. Gottemukkula, stated the increase in traffic will not impact deW.Bpments to the east of the
site access, particularly with the addition of a new right turn land:—est bound Red Pine Lane,
east of Highway 3.
Mr. Gorder stated an additional access from Highway his no"C-possible berme of an
agreement with MnDOT associated with the constr�an and signalization ofd. Pine Lane.
He discussed the abandonment of Gun Club Roa-;+,` aye for thb portion dedica terve as a
service road.
Mr. Hilbert responded to a question
Tim Anderson, Developer stated the dei
strong pedestrian feel.
discussed the prod signage.
Chair Heyl stated she likes the uniqueness arTd. to
She stated she is in favor.' _ aot instead ofd
greenspace. She suggg�ed a sidewalks
additional trees to W,RMe screeifg. She ackni
neighborhood; howeve TM rafficg§tudy provides
will be maintained at Red` W-11@
.Shy
access iss
subject.
Memr F Ddt stated th
and a nee --4 'face lift to
is intended tiunique and upscale with a
Gay tli§modings.are distributed on the site.
of parkidg stalls to allow for additional
:m. She suggested the developer continue
edged the changes to the existing
fi'ence that an acceptable level of service
rther stated that this proposal doesn't cause
of Highway 3 drives the transportation
Phase II, will bring a large improvement to the area
Member Gladl M . ated agre ent with Chair Heyl and noted that the property is zoned and
guided for neighb_t ogd retSifi. He stated the area is going to develop and traffic is inevitable.
He stated he likes t""•"`•�" the buildings and parking areas are broken up and the size of the
stores. He stated the oposal will be an enhancement to the area. He stated concern with the
architectural features exceeding 30' in height.
Member Chavez moved, Member Bendt seconded a motion to recommend approval of a
Rezoning from NB, Neighborhood Business to PD, Planned Development of 9.82 acres located
southeast of Red Pine Lane and Hwy. 3 in the SE % of Section 36.
All voted in favor. Motion carried 6-0.
Member Chavez moved, Member Bendt seconded a motion to recommend approval of a
Preliminary Planned Development to create a mixed office/retail commercial development
111
Manch 28, 2006 Advisory Planning Commission Minutes
Page 15,
upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the SE 1/4 of Section. 36
subject to the following conditions:
1. The developer shall execute a Preliminary Planned Development Agreement which
includes the following plans:
Site Plan
Building Elevations
Site Lighting Plan
Landscaping Plan
Signage Plan
reement shall be executed for each building of the
2: A Final Planned Development Ag
development. The following plans are necessary for the Final Planned Development
Agreement:
Final Site Plan
Final.Building Elevations ..
Final Site Lighting Plan
Final Landscaping Plan
Final Signage Plan
3. The property shall be platted prior to issuance gfny building permits."..
4. Uses permitted within the NB zoning district �l be permitted within thiselopment.
Any use that is requires a conditional use ra the Nloning district, wi a e
exception of the bank drive-through and on-salell-Opr oce.associated wkh a Class
restaurant operation, which are part of this initial pr "I, shall require an amendment to
the PD in lieu of a conditional use eermit I to this dev� ent except as noted
5. Neighborhood Business setbacks s%Ha p y
w
otherwise:
Building C may be set back 10.5"irorii�i—cisting soutWroperty line abutting Gun
Club Road.ied,W "
6. A minimum of 30% gree Espace shall bol.
7. Building height shaliro- d 30', with exceptionn��if the panel above the main
entrance and the wer on"8�` Zing C whicf@pxtend to 38' and 46.75' respectively.
8. Building cover�g�ell not e9eed 20%, bad on the overall site area.
9. The developer shaT.YROJew thrashstorage Was to ensure they are of sufficient size to
accommodate both tri affi� ,�.µft trials containers for anticipated tenants.
10. Stackin .:- . Iles ffbUe provi "fir each of the drive-through lanes.
11. Th bveloper'sw - °: cate rge-growth landscaping outside of public right-of-way and
moment areas. �"
12. `Th plicant shall f-IffI equire _ ee mitigation through the installation of sixty-five (65)
Cate§�B trees (or ii5quivale'ht combination of Category A and/or Category C trees).
13. The ap`i'1-,i nt shall subir& a revised Tree Preservation Plan that shows the correct
placemen°"° equired �e Protective measures (i.e. orange colored silt fence or 4 foot
polyethyleneriinate-Afety netting) to be installed at the Drip Line or at the perimeter of
the CriticalRoii"tr.% whichever is greater, of significant trees/woodlands to be preserved
on-site.
14. The applicant shh-all contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
15. A,separate landscape only plan shall be submitted prior to Final PD and Final Subdivision
approval.
16. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
17. The revised Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
18. This development shall be responsible for cash par,,parks ; trails dedications. payable at the
}%
March 28, 2006 Advisory Planning Commission Minutes
Page 16
19. All building signage shall be subject to City Sign Code requirements and shall be limited to
backlit channel letters.
20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site, with
signage on three sides. The center pylon shall be designed of materials to match the
buildings. Sign area is limited to 125 sq. ft. on each side.
shall be permitted at each entrance into the site. The
21. Free-standing monument signs ucted of brick and limestone to match the buildings. The
monument signs shall be constr
monument signs shall be subject to City Sign Code placement and size requirements.
22. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10 stall width.
23. The developer shall have the lighting engineer review the Site Lighting Plan to determine if
adjustments can be made to improve lighting west of Building A and bring the average to
minimum ratios in all parking areas to 4:1..
24. The developer shall have the lighting engineer and landscaprchitebt review the Site
.Lighting Plan in conjunction with the Overall Planting Plan O -&sure that the. selection of
plant materials does not interfere with effective site lightg.
All voted in favor. Motion carried 6-0.
Member Chavez, moved, Member Hansen seconde motion,tW recommend a� .a�aa of a
Preliminary Subdivision to create three lots up6n `acres I8-tated southeasted Pine
Lane and Hwy. 3 in the SE '/< of Section 36 subject to 1',Qllring conditions as -
Lane
s amended: .
1. The developer shall comply with thaw standards coni
Council on February 2,1993: Al BI�3=B4, C1, C2,
2. The property shall be platted. -
3. Neighborhood Business setbacks shAapp�
otherwise:. ..
4.
5.
6.
7.
8.
9.
10. '
11.
• Building C may bei 10.5' from
Road.
Building coveragg hall noMbeeh 20%, Ilk
of plat approval as adopted by
t_and E1. .
except as noted
property line abutting Gun Club
on the overall site area.
A minimum ofi3'u,/§MLeen spire s a
Building height shA exc Q feet, with l#ae exception of the panel above the main
:I�xtend tize to
o 38' and 46.75' respectively.
entrance and. towe - 0i11
The d +a r- i revie-ow trash s"fo�ge areas to ensure they are of sufficient s
acoei'nmodate "
ash acyclable materials. containers for anticipated tenants.
Wdeveloper shalf espon f6r obtaining easement permission from the adjacent
p bes for the proVmdgraCS6.
The deJoper shall be�spons1'ble for installing and maintaining erosion control measures
in accor-cftre with City!&gineering standards.
All retainiHiRalls shall located on private property, outside of public right-of-way, and
maintained prvttely�Eu`property owners.
The developer sbmit evidence of private agreements between all properties in the
subdivision, providing for long-term maintenance of the rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and
Public Works Department.
The developer shall be responsible for providing a public storm drainage system within the
development to accommodate the existing drainage from Biscayne Avenue, in accordance
with City engineering standards.
This development shall extend public sanitary sewer of sufficient size, depth, and capacity
through the development to serve properties south and east, in accordance with the City
Comprehensive Sewer Plan (2000).
All existing well and septic systems on the site shall be abandoned in accordance with
Dakota County and City standards as part of this development.
March 28, 2006 Advisory Planning Commission Minutes
Page 17
15. The developer shall be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The
developer shall also be responsible for the dedication and acquisition of all necessary right
of- way, and public and private easements to construct the mitigative improvements.
16. To provide additional distance from the development entrance to Highway 3 to improve
vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the
property as possible. Ig PF BFA9Rt4FGFA
18. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
19. Stormwater runoff shall be treated on site via two constructed The design and
construction of the treatment ponds and infiltration basins sh,Fsatisfy City standards and
criteria.
20. The wetland delineation report for the site shall be approAd a bmitted.
21. A minimum exemption shall be obtained to allow squ
94 [e feet o land fill.
22. A average 30 -foot natural vegetation buffer as pro. d "lythe site shall be provided
next to the wetland.w a installation 'five
23. The applicant shall fulfill required tree mitigatio" :through :th. "
(65) Category B trees (or an equivalent com on of Cory A and/or t gory C
trees).
24. The applicant shall submit a revised Tree Preserva'lan that shows the correct
placement of required Tree Protective measures (i.e. gr-pMe colored silt fence or 4 foot
polyethylene laminate safety.nettin a installed at thy, p Line or at the perimeter of
the Critical Root Zone, whichever. is hof significant ��bodlands to be preserved.
on-site.
25. The applicant shall contact the City FoFestry 1309.10_'Wand up a pre -construction site
inspection at least fives prior.to the i afi ce of th"�ding permit to ensure
compliance with th,-„,,, Tree Preseration Plan end placement. of the Tree
Protection, Fend: ub ��1 ed prior to Final PD and Final Subdivision
26. A separate lane only p shall. be stt
approval.-~ s ion ort
27. The Landscape qadju
species selectper staff report
µ.ms
recoM . ,,01 P.L.
28. The„ wised L9Y��e Pla bai ll be signed b the landscape architect or certified
g Y
eryperson who-_prgpareu rt -
29 "development s�be respsible for cash parks and trails dedications payable at the
timebuilding permit"he ratEs then in effect.
30. A four-sAd pylon sign*ucture shall be permitted at the northwest corner of the site, with
signage o ee sides.�e center pylon shall be designed of materials to match the
buildings.S19" ea ted to 125 sq. ft. on each side.
31. Free-standing 1 nt signs shall be permitted at each entrance into the site. The
monument signs, all be constructed of brick and limestone to match the buildings.
The monumentsiigns shall be subject to City Sign Code placement and size requirements
32. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required. 9.5 stall width.
33. .The developer shall have the lighting engineer review the Site Lighting Plan to determine if
adjustments can be made to improve lighting west of Building A and bring the average to
minimum ratios in all parking areas to 4:1.
34. The developer shall have the lighting engineer and landscape architect review the Site
,Lighting Plan in,conjunction with the Overall Planting Plan to ensure that the selection of
plant materials does not interfere with effective site lighting.
All voted in favor. Motion carried 6-0.�
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 21, 2006 CASE: 36-RZ-01-01-06
36 -PD -05-12-05
36 -PS -02-02-06
APPLICANT: Revestors 'HEARING DATE: March 28, 2006
PROPERTY OWNER: Revestors; APPLICATION DATE: February 9, 2006
Bill Schoenecker
REQUEST: Rezoning PREPARED BY: Pamela Dudziak
Preliminary Planned Development
Preliminary Subdivision
LOCATION: SE of Hwy. 3 and Red Pine Lane
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: NB, Neighborhood Business
SUMMARY OF REQUEST
Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD,
Planned Development, a Preliminary Planned Development to create a mixed office/retail
m
comercial development,, and a Preliminary Subdivision to create three lots upon 9;.82 acres
located southeast of Red Pine Lane and Hwy. 3 in the SE 1/a of Section 36.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd., 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State .of Minnesota, or the Metropolitan Council.
Planning Report — Red Pine Crossing
March 28, 2006
Page 2
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the ' subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
Planned Development:
City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning
district as follows:
1. Providing greater flexibility in environmental design and relaxation of strict application
of the zoning ordinance in exchange for greater creativity and environmental sensitivity.
Planning Report — Red Pine Crossing
March 28, 2006
Page 3
2. Recognizing the economic and cultural advantages that will accrue to the residents of a
planned community.
3. Encouraging a more creative and efficient approach to the use of the land.
4. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
Encouraging a development pattern that is consistent with land use density, transportation
facilities and community facilities objectives of the Comprehensive Plan.
BACKGROUNWHISTORY
The site consists of two unplatted parcels and A, small remnant parcel from the construction of
Red Pine Lane. The smaller of the two parcels contains a concrete block building- which was
constructed in 1970. The larger of the two parcels is vacant. The property is currently zoned NB,
Neighborhood Business and is designated in the Comprehensive Guide Plan for Retail
Commercial land uses.
Prior to 1994-95, the property was guided in the Comp Plan for residential uses. In 1980, the
land use designation was R -II, Mixed Residential 3-6 units/acre. By 1988, the land use
designation of the entire area east of Hwy. 3 and south of Cliff Road was changed to DJ, Single-
family residential 0-3 units/acre. During the 1970s and 1980s, several industrial buildings were
constructed in the adjacent Halley's Addition. Following a study of the area in 1994-95, the land
use designation of the subject site and the adjacent Halley's Addition was changed to IND,
Limited Industrial, creating consistency between the use, zoning and land use. In 1995, Red Pine
Lane was constructed, leaving a remnant parcel of land south of the new street and east of the
railroad right-of-way. In conjunction with the creation of this new intersection with Hwy. 3, the
Gun Club Road intersection with Hwy. 3 was closed.
With additional residential development in this part of the City, the City revisited the land use
and zoning of the properties south of Red Pine Lane and east of Hwy. 3. In March 2002,
following an area study in 2001, the City changed the land use designation and zoning of the
properties west of Biscayne Avenue from IND, Limited Industrial, to RC, Retail Commercial.
The property was rezoned from I-1, Limited Industrial, to NB, Neighborhood Business later in
2002. With the change in land use and zoning, existing uses became non -conforming.
POTENTIAL REDEVELOPMENT/RENEWAL DISTRICT
Under a Predevelopment Agreement between the Developers and the City, the parties are
exploring the potential creation of a redevelopment or renewal district that could include the
property being considered for development at this time. The investigation of that possibility is
ongoing and, if a determination is made to proceed, that process will occur in parallel to the
X51
Planning Report Red Pine Crossing
March 28, 2006
Page 4
development application review process. The purpose :of the analysis is to consider whether the
City should work with the developers to implement a master plan for the area
rte not oonformingin*
the acquisition and redevelopment of some -of the properties in the area that
with the current zoning and comprehensive plan for the area. The analysis has considered all of
the properties bounded by Hwy 3, Red Pine Lane, Biscayne Avenue and Gun Club Road.
A redevelopment or renewal district, if created, would likely involve a subset of the properties in
that area. In anticipation of the prospective creation of the district, the developer is proposing the
subdivision of a lot along the south side of the development. This lot would create a connection
es, since such districts must be contiguous
between the substandard and non -conforming properti
and meet findings related to lot occupancy, lot coverage and the presence tu es foundtobe
structures.. Site improvements that make up the lot coverage and the structures
substandard are present in the southern portion of the site. While this requires a configuration for
a lot line that passes through a building, that situation can be addressed through building code
requirements associated with zero lot line development.
Relationship of TIF Findin s to Subdivision — While development application review and
subdivision may occur in advance of the creation of a district, construction may not occur with a
district until after a district has been certified. Therefore, the two matters will be considered in
parallel if it is concluded to move forward with such a district.
EXISTING CONDITIONS
The site consists of two unplatted parcels and a remnant parcel from the construction of Red Pine
Lane. The larger parcel is vacant, the smaller parcel contains a concrete block building, and the
remnant is located south of Red Pine Lane adjacent to the railroad. The ite is separated from
wetland on the west
Hwy..3 by railroad tracks. The site is open with some wooded areas
edge of the property.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
Existing Use
North I Single Family Residential
South West End Hunting and
Fishin Club
East Vacant/impound lot/
West
.3
EVALUATION OF REQUEST
R-1, Single Family
Residential
P, Park
NB; Neighborhood
Business
5
1.L
Land Use Designation
LD, Low Density Residential
P, Park and Recreational Open
Space
RC, Retail Commercial
Planning Report — Red Pine Crossing
March 28, 2006
Page 5
Description of Proposal - The applicant proposes to construct three commercial retail buildings
totaling 78,406 sq. ft. on this site. The existing building on the southwest corner of the site is
proposed to be removed. The primary access to the site is proposed from Red Pine Lane, and is
designed to be shared with the adjacent parcel to the northeast (Lots 4 and 5, Halley's I"
Addition). Access to the service area of the southerly building is proposed from Gun Club Road.
Ultimately, a secondary access via Biscayne Avenue is anticipated. The development plan shows
a "ghost plan" for future redevelopment of the three southerly parcels adjacent to the east. The
retail development is expected to be anchored by a grocery store; other uses include restaurant,
bank, and office. The future plan shows an additional 36,477 sq. ft. of potential office, retail, and
a daycare use. Fully redeveloped, the square footage would be approximately 115,000 sq. ft.
The proposed building architecture is reflective of a railroad depot. Ponding is proposed in the
southwest corner of the site, and rain gardens are proposed throughout the parking lot both to
convey water to the pond and to provide added infiltration and treatment for runoff.
A petition to vacate the Gun Club Road right-of-way has been submitted. Assuming Gun Club
Road is vacated, public street frontage for Lot 2 would be limited. A Variance is required for lot
frontage on a public street of less than 50 feet. Access to Lot 2 would be provided from Red Pine
Lane via easement over Lot 1. Access to Lot 2 would be available via the remaining Gun Club
Road right-of-way.
Compatibility with Surrounding Area — The proposal appears compatible with the existing land
use designation and zoning. The land_use plan designation was changed to RC, Retail
Commercial and the area rezoned to NB, Neighborhood Business, in 2002. Typically, a
neighborhood commercial node serves a one -mile radius. Based on this standard, this area of
Eagan has been underserved with regard to retail commercial service. The nearest retail
commercial nodes to this site in Eagan are all approximately 2-3 miles away (Lexington Ave. and
Diffley Rd.; Diffley. Rd, and Hwy. 3; Cliff Rd. and Thomas Lake Road).
The RC, Retail Commercial, land use designation states that compatibility considerations vary
with the type and scale of development. Specific considerations include the following:
➢ Neighborhood commercial development should be designed at a scale compatible with
nearby residential uses.
➢ Sidewalks and trails should be provided to connect these smaller commercial
developments to surrounding neighborhoods.
➢ Larger commercial development oriented toward community -wide regional markets
requires greater buffering where adjacent to lower intensity use. Such developments
should also include unifying design elements to achieve an overall- cohesive appearance.
➢ With regard to access, retail commercial uses tend to generate substantial amounts of
customer traffic and require visibility and convenient access and therefore, should be
located along arterial or collector roads.
➢ Physical suitability of the land varies with the type and scale of development, but
generally flat open sites with few physical constraints are desired because retail
commercial uses tend to have larger building footprints and high parking needs.
155
planning Report — Red Pine Crossing
March 28, 2006
Page 6
Densi —The proposed development consists of three commercial buildings totaling 78,406 sq.
ft. on 9.94 acres. This is made up of 69,653 sq. ft. of retail, 5,389 89 sq. ft. of office space, and a
3,364 sq. ft. bank. Future development on adjacent properties could include an additional 36,000
sq. ft. of office, retail and a daycare on 2.45 acres.
Lots — The proposed subdivision consists, of two lots. Lot 2 consistshe lythe ion of
the larger vacant parcel combined with the existing parcel in the southwest corner
development site. Lot 1 is comprised of the balance of the vacant parcel in conjunction with the
remnant south of Red Pine Lane.
Proposed lot sizes are:
Lot 1 = 6.86 acres (312,396 sq. ft.)
Lot 2 =.1.89 acres.(115,157 sq. ft.)
A Variance is required for Lot 2 with the vacation of Gun Club Road right-of-way. The
ay would result in less than 50' of public street frontage for Lot 2.
vacation of that right-of--w
This Variance can be accommodated through the Planned Development zoning.
Bulk Standards -.While the City Code, does not specify bulk seNzonin fordistriict requires D zoning the t,
the NB standards are applicable for comparative purposes. The NB g
following:
Building Setbacks —Proposed development appears to satisfy these
h few
exceptions. The deviations that are proposed can be accommodated within the
nned
Development. Minimum building setbacks in the NB district are:
Front yard = 30 feet from Red Pine Lane, Gun Club Road and railroad right-of-way
Side yard =10 feet
Rear yard = 20 feet
With Buildings A and B on one lot, internal side yard setbacks do not apply. Building B is
set back 30' from the railroad right-of-way on the west edge of the site (a front yard).
Building A satisfies is set back 32' from the north property line adjacent to Red Pine Lane.
Building C on the south end of the site is set back 10.5' from Gun Club Road. This is less
than the 30' setback required from a public right-of-way, however, with the proposed
vacation of the Gun Club Road right-of-way, the amount of setback required would be
reduced from 30 feet to 20 feet (rear yard) and may increase the building setback from the
south lot line if additional land is turned over to this site as a result of the vacation. With the
creation of Lot 2 to meet the criteria for a renewal/TIF district, Building C will be set back
only a few feet from the north lot line. Building C is designed for future expansion to the
east, but will initially be constructed with a setback of approximately 25' from the east
property line.
Planning Report — Red Pine Crossing
March 28, 2006
Page 7
Building Coverage — While building coverage is typically calculated on a lot by lot basis, the
lot configuration in this proposed subdivision are based on existing parcel boundaries and .
designed in anticipation of establishing a renewal or redevelopment district. For this reason,
individual lot coverage varies greatly. However, overall building coverage on the site is 18%,
less than the maximum of 20% allowed in the NB zoning district.
Green Space — As with building coverage, green space is typically calculated on a lot by lot
basis. However, in this proposal green space is evaluated for the overall site development for
the same reasons as building coverage. The development proposes an overall green space of
38%, an amount that satisfies the minimum standard of 30% required by the NB zoning
district.
Building Height — The NB zoning district allows a maximum building height of 30 feet.
Building height is measured to the mean roof level of a pitched or hip roof, and to the highest
point of a flat or mansard roof. Using this method of measurement, Building A has a height
of 24.6'and Building B of 28.5'; both are consistent with the NB standards.
Building C, an L-shaped building, is the largest of the three buildings. Building C also is the
anchor building and as such, contains additional architectural elements reflective of its
prominence in the development. The variations in roof lines also add visualinterest and
define sections of the building. The majority of Building C meets the NB maximum of 30'.
The flat roof portion measures 29'-10" to the top of the parapet, and the pitched roof section
is 29.2' The anchor tenant space (a grocery store) is proposed to have an arched panel above
the main entrance which extends to 38' In addition, the tower feature, which is a focal point
of the development, projects to 46.75'. These two features add to the railroad depot
architectural theme and exceed the typical 30 -foot height limit in the NB zoning district.
Such deviations in building height can be accommodated within the Planned Development if
determined to be appropriate by City officials.
Trash Enclosures — The zoning ordinance requires trash enclosures to be provided where
trash storage does not occur within the principal building. In commercial developments, such
enclosures must be attached to the principal structure and be constructed of materials to
match the principal structure with gates or doors having at least 90% opacity. Each of the
three buildings has attached trash enclosures constructed of materials to match the principal
building. Painted steel doors to the enclosures provide the required opacity. The developer
should review the trash areas to ensure they are of sufficient size to accommodate both trash
and recyclable materials containers for the anticipated tenants.
Proposed Use — Retail uses for this development are not specified. The NB zoning district
permits uses such as salons, copy centers, florists, gift shops, hobby shops, and off -sale liquor
stores and such uses would be considered permitted here. Conditional uses in the NB zoning
district include drive-through facilities,- veterinary clinics, daycare facilities, Class II restaurants
and on -sale liquor. The proposed development shows one drive-through facility associated with
155
Planning Report — Red Pine Crossing
March 28, 2006
Page 8
the bank in Building A. The drive through can be accommodated through Planned Development
approval in lieu of a conditional use permit. Three drive-through service lanes are proposed.
The entrance to the drive-through service would be from the west end of the site. The drive-
through lanes face south with vehicles exiting the drive-through to the south. Stacking for 5
vehicles must be provided for each of the drive-through lanes.
The development shows patio areas off the west end of Building C, and the southeast end of
Building B, as well as a plaza area on the east side of Building B. These areas suggest outdoor
dining associated with restaurant tenants. Class I (sit-down, full-service) restaurants are-
permitted
repermitted uses in the NB zoning district; on -sale liquor service, associated with a Class I
restaurant, can be accommodated through Planned Development approval in lieu of a conditional
use permit. Specific users have not been identified as of yet, however, the applicant should note
that a quick -service type restaurant (i.e. deli, coffee shops, sandwich shop) will require specific
approval as those uses are considered Conditional Uses in the NB zoning district. As such, they
warrant additional review and specific approval within the Planned Development in lieu of a
conditional use permit.
Grading/Topography-The site is generally open with drainage mainly to the south and west
toward an existing wetland (portion of Pond LP -23 as designated in the City Storm Water
Management Plan — 2005). The preliminary grading plan identifies, construction of retaining
walls at the eastern property line. The developer should be responsible. for obtaining easement
permission from the adjacent properties for the construction of these retaining walls, if necessary.
Two service drives are proposed to be extended to the east for future connection by re-
development along Biscayne Avenue. The final grading plan should be revised to match existing
grades of the adjacent properties to the east to allow grades of 5% or less for the proposed future
service drives to the east toward Halley's 1St Addition.
The developer should be responsible for installing and maintaining erosion control measures in
accordance with City engineering standards.
All retaining walls should be located on private property, outside of public right-of-way, and
maintained privately by property owners.
Storm Water Drainage — The preliminary storm drainage plan is acceptable with modifications.
Storm water runoff from the development will drain to a new storm water pond before
discharging to the existing wetland (Pond LP -23) in the southwest comer of the development.
The entire site lies within Drainage District L, and Pond LP -23 ultimately drains to Lebanon
Hills Regional Park (LHRP). Overall post -development storm water runoff discharge rates are
proposed not to exceed pre -development rates.
The developer is proposing the installation of rain garden and small infiltration basins within the
green space areas of the development to provide for additional storm runoff quality and quantity
Planning Report — Red Pine Crossing
March 28, 2006
Page 9
control. The developer should submit evidence of private agreements between all properties in
the subdivision providing for long-term maintenance of these rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney and
Public Works Department.
An existing public storm sewer along the east and south edges of the property accommodates
drainage from Biscayne Avenue and Gun Club Road. The developer should be responsible for
providing a public storm drainage system within the development to accommodate this drainage,
in accordance with City engineering standards.
Utilities — The preliminary utility plan is acceptable. Public sanitary sewer of sufficient size,
depth and capacity is available to the northwest from Red Pine Lane for connection and
extension by development of this site. This development should extend public sanitary sewer. of
sufficient size, depth, and capacity through the development to serve properties south and east, in
accordance with the City Comprehensive Sewer Plan (2000).
Water main of sufficient size and capacity is also available within Red Pine Lane to serve the
site.
All existing well and septic systems on the site should be abandoned in accordance with Dakota
County and City standards as partof this development.
Access/Circulation/Traffic Impacts —
Access Public street access to the development is proposed in three locations: one onto Red
Pine Lane, a service drive onto Gun Club Road, and one to Biscayne Avenue with ultimate
development of the properties to the east (Phase II). Internal circulation is provided within the
proposed development via private service drives, as shown on the preliminary site plan.
Trip Generation/ Distribution — Phase 1 It is estimated that approximately 4,760 total vehicle
trips per day (in/out — Source: Institute of Traffic Engineers 7`" Edition) will utilize the proposed
Phase I development of the site, and detailed as follows:
23,870 SF Grocery Store 2,470..vehicle trips
5.400 SF Office 160
45,800 SF General Retail 1,800
3,400 SF Bank w/ drive -up windows 430
Total —Phase 1 4,760
It is also estimated that the following distribution of this daily traffic from Phase I will occur:
4,520 vehicle trips (95%) - to/from.west - Highway 3/ Red Pine Lane
145 vehicle trips (3%) — to/from east - Red Pine Lane
95 vehicle trips (2%) — to/ from south Biscayne Avenue
1151
Planning Report — Red Pine Crossing
March 28, 2006
Page 10
otal vehicle
Trip Generationl Distribution — Phase II - It is estimated that tc Engineers a Edition roximaw 11 ut000 the proposed
tely 2,
trips per day (in/out —Source: instituof te
Phase II development along Biscayne Avenueand detailed as follows
89000 SF Daycare
14,400 SF Office
27,000 SF General Retail
Total —Phase Il
640 vehicle tri
160
2,000
It is also estimated that the following distribution of this daily traffic from Phase H will occur:
1,900 vehicle trips (95%) - to/from west - Highway 3/ Red'Pine Lane
60 vehicle trips (31/6) — to/from east - Red Pine Lane
40 vehicle trips (2%) — to/ from south — Biscayne Avenue
Traffic Impact - A traffic impact study was completed by the developer and reviewed, by City
staff analyzing the present and future operation of the Red Pine Lane/
Highway
level of service n
The Highway 3/ Red Pine Lane intersection currently operates at overall g
th an esmatd 95% of the
the peak hours with its current approach lane layout Highwnd ay significant additional demands
traffic generated by the development originating from g Y
will be placed on this intersection. The Minnesota Department
of Transportation (see attached MNDOTOT)has review,
also. reviewed the proposed development and its traffic impacts
letter).
The additional traffic from the proposed development of Phase I ll constructede e the gn -term
m excess
capacity of the signalized intersection of Red Pine LHighway
additional traffic, will cause operational issues and anThe
u streettand intersect on serviceable level of after
improvements.
development of Phase I, if not mitigated through
Westbound Red Pine Lane will experience the most difficulties;
the stacking of we
left
turning vehicles back from Highway 3 and a very poor level of service for westbound right
turning vehicles is anticipated.
To accommodate this development, mitigative improvements to Red Pine Lane would be
necessary to provide an acceptable level of service, including:
A dedicated right turn lane on westbound Red Pine Lane (including additional right-of-
way acquisition in the northeast comer of the intersection). This is a MNDOT-
recommended improvement
An extended left turn lane on westbound Red Pine Lane (for stacking to the proposed
access, additional right-of-way acquisition from adjacent property in Halley's Addition)
An eastbound right turn lane along the entire development adjacent to Red Pine Lane.
Signal revisions
Railroad crossing signal revisions
along south side of Red Pine Lane (w/ 8 -foot
Relocation of 8 -foot pedestrian trail
boulevard)
E A*
Planning Report — Red Pine Crossing
March 28, 2006
Page 11
The developer should be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection listed above.
The developer should also be responsible for the dedication and acquisition of all necessary right-
of-way, and public easements to construct these mitigative improvements. Also, to provide
additional distance from the development entrance to Highway 3 to improve vehicle circulation
on Red Pine Lane, the entrance should be located as far east on the property as possible. These
'improvements will require the acquisition and dedication of additional right-of-way from the
development and other properties. The preliminary plat ' and site plan submitted with the
application does not reflect the dedication of right-of-way for the additional roadway width,
needed for these Red Pine Lane improvements.
To accommodate ultimate development in the area, additional mitigative improvements to
Highway 3/. Red ' Pine Lane would be necessary to provide an acceptable level of service,
including:
• A dual left turn lane on southbound Highway 3
• Signal revisions to accommodate the dual left tum
• Railroad crossing signal revisions to accommodate the dual left turn
These improvements would be the responsibility of the City and MNDOT.
Gun Club Road, along the southeast edge of the site, is currently a rural section gravel road. The
use of Gun Club Road by this development will require the upgrade of the roadway to City street
standards with bituminous paving, concrete curb & gutter, and storm sewer. Also, with future
adjacent development, a cul-de-sac bubble will be required at the west end of Gun Club Road
near the southeast corner of this development site. The developer should be responsible for the
upgrade of Gun Club Road, from Biscayne Avenue to. the southeast corner of the development.
The developer should also be responsible for the dedication of public right-of-way to
accommodate the one-quarter of the future cul -de -.sac within the development at the proposed
west end of Gun Club Road.
Easements/Permits/Ri t -of -Way — The developer should be responsible for obtaining private
ingress/ egress easement from Lots 4. and 5, Block 1. Halley's First Addition to cover the access
drive over those properties to align with Red Poll Court.
The developer should provide private ingress/ egress easements to the adjacent properties within
the Phase II development area along Biscayne Avenue to allow for future access/ circulation
between the developments.
This development should dedicate all right-of-way necessary to construct the required
improvements to Red Pine Lane.
Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for
platting.
It5R
planning Report — Red Pine Crossing
March 28, 2006
Page 12 .
Based upon a study by City staff of the financial obligations collected in the past
at d proposed of final
use for the property, the total estimated charges of $139,807.00 will be collected
subdivision or connection to the City, s utility system based on the table below. The final charges
will be computed using the rates in effect at time of connection or subdivision. The estimated
financial obligation is subject to change based upon the areas, dimensions and land uses
contained in the final subdivision or plat, with due allowances for easements and right-of-way
required with the plat. These amounts do not include estimated connection charges for the
properties along Biscayne Avenue included in the submitted concept plan.
[m rovement
Use
C/I
Rate
$2,315/ac
Iuanti
8.55 ac
Amount
$19,793.25
Sanit Sewer Trunk
Sanit Sewer Lateral
C/I
$27.60/ F.F.
172 F.F
$4,747.20
Water Trunk
C/I
$2,430/ ac
1.15 ac
$2,804.22
$2,527.20
Water Lateral
C/I
$35.10/ F.F
172 F.F
$37,151.00
Water Availabili
C/I
$3,830/ ac
$01159/
9.7 at,
Storm Sewer LateralC�
Storm Sewer Trunk
C/I
$ S.F.
406 981 S.F.
$64,709 98
City, s LP 1 -Watershed,
Water Quality — This Proposed subdivision is in the east upper end of the ee immediately downstream of
which contains a majority of Lebanon Hills Regional Park (LHRP). Y
the parcel is an approximate 12 -acre wetland, "Gun Club Marsh" (City Pond LP -23). This is a state
public water wetland (DNR#19-0309W) that drains toward Marsh Lake (DNR#19-0308W) in
LHRP.
The developer proposes to address City stormwater quality requirements via two constructed ponds,
which would pre -treat runoff before it drains to dress runoff andratthe dto City Pond LP -23. A series
of infiltration basins also is proposed to help a
Wetlands —The wetland delineation report for the project site (Peterson Environmental Consulting,
Inc.; Project No. 2004-058) identifies one wetland that is subject to theCity's jurisdiction,
drain, fill, or
according to the Minnesota Wetland Conservation Act (WCA). Any proposals to
excavate this wetland need to meet all provisions of WCA laws and rules.
eet
Originally proposing 7,650 square feet of wetland fill impacts requiring at least 15,300 asquu cts. Mlar�eRules
of wetland replacement, the developer now proposes only 94 square feet of fill p
Ch. 8420.0122 Subp. 9 allow a maximum of 400 square feet of fill in this type of wetland without
replacement under a so-called "de minimus" exemption. The applicant recently submitted an
application for such exemption. The City must formally approve this exemption.
Tree Preservation — A tree inventory submitted with this application indicates that there are six
(6) significant trees and 34,056 square feet of significant woodlands located on this site. Most of
the individual trees and significant woodlands are located along the west side of the property.
Planning Report — Red Pine Crossing
March 28, 2006
Page 13
Individual tree size and species break down is as follows: one 6" oak tree, one 12" black cherry
tree, one 12" and one 14" elm tree, and one 16 and one 20" poplar (cottonwood) tree. The
significant woodlands are comprised mostly of softwood deciduous trees, (elm, cottonwood, and
willow trees) in the three to twelve inch diameter range. The majority of these woodland trees.
are located within seventy (70) feet of the existing wetland in the southwest portion of the site.
The development as proposed will result in the removal of a total of five (5) significant trees
(83% of the total); and 25,080 square feet of significant woodlands (74% of the total). According
to the City of Eagan Tree Preservation Ordinance allowable tree/woodland removal for this
development is set at 40%. Required tree removal mitigation for this application calculates to
sixty-five (65) Category B trees (or an equivalent combination of Category A and/or Category C
trees.
The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree
mitigation through the installation of thirteen (13) Category A trees and forty (40) Category B
trees, for an equivalent amount of sixty-six (66) trees.
Staff has concerns about the feasibility of preserving significant woodlands along the east side of
existing wetland, as indicated on the Tree Mitigation Plan, because proposed parking areas,
buildings, and/or hard surface pedestrian areas are located literally within 1 foot of tree
preservation areas. According to the City of Eagan Tree Preservation Ordinance, required tree
protection measures (i.e. tree protection fencing) are required to be placed at the drip line or at
the perimeter of the critical root zone (CRZ), whichever is greater, of significant woodlands to be
preserved. Neither the submitted Tree Mitigation Plan, nor the Grading Plan, indicates the
required placement of tree protection measures.
Throughout several previous meetings with the applicant staff has provided the following
recommendations to the applicant:
a. Provide for additional preservation. of significant woodlands located within 30-50 feet
of existing wetlands.
b. Revise the Tree Mitigation/Landscape Plan to provide for appropriate spacing of
mitigation trees (located south of the proposed storm pond, in the extreme southwest
portion of the site).
To date staff has not seen any of these recommendations included on a revised development
proposal.
The applicant has also been instructed that they will be required to demonstrate which "practical
difficulties or practical hardships" should grant them the ability to' an exception to City of Eagan
Tree Preservation Ordinance allowable tree removal limits. To date staff has not seen this type
of narrative on a revised development proposal.
Landscaping — The City landscape ordinance'requires that tree mitigation be provided in addition
to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the
Planning Report — Red Pine Crossing
March 28, 2006
Page 14
landscape ordinance standards, absent any mitigation plantings. While the applicant submitted a
Mitigation Plan separate from the overall Landscape Plan, a Landscape -only Plan was not
submitted, making evaluation of this requirement more difficult. It appears that the bulk of the
shade trees on the site are designated as mitigation trees, placement in parking lot islands and
along the perimeter of the site. As such, it appears that some of the mitigation is provided in
place of required landscaping (e.g. trees in parking islands or where screening is required). A
separate Landscape -only Plan should be submitted prior to Final PD and Final Subdivision
approval.
The proposed Landscape Plan may need to be revised to redesignate some of the mitigation trees
as landscape trees. With the amount of site area covered by wetland and ponding areas, the
combined Landscape and Tree Mitigation plan appears to result in a fully planted site. Thus,
such revisions to the Landscape Plan may affect the mitigation plan as the site may not then
accommodate as many mitigation trees as the current plan proposes. Therefore, the tree
mitigation plan should be revised accordingly and the revised plan submitted to the City prior to
final subdivision approval.
The landscape plan proposes -a variety of trees, shrubs and perennials. The plan includes
landscape features at the entrance and at the center pylon sign. The parking is located internally,
with buildings situated at the perimeter of the site. Thus, most screening of parking areas from
the right-of-way is accomplished through building placement rather than landscaping. Additional
landscape features include rain gardens (which also provide storm water management), and a
"wood trellis with brick columns and limestone wall" creating a visual focal point within the
development.
Parking islands have either shade trees (maple, hawthorn, linden) or ornamental trees
(serviceberry). A few evergreens in parking islands should be changed to shade trees. Evergreen
trees are subject to greater damage from snow storage, may interfere with vehicle doors and can
obstruct visibility necessary for security and safety within a parking lot. Shade trees and
ornamental trees provide shade to cool the pavement in the summer months, and branches
extending overhead allowing for snow storage within the islands in the winter months, provide
visibility through the lot providing for better .security and safety. River birch are utilized around
the rain gardens and wetland area within the site.
A variety of perennials including daylilies, sedum, hosta and varieties of grasses are proposed in
addition to shrubs such as chokeberry, dogwood, honeysuckle, hydrangea, juniper, and spirea.
Perennials are a suitable choice for locations that are subject to winter snow storage, and provide
added color and interest year around.
The plans make little use of evergreen shrubs, although evergreen trees are utilized in various
locations. Additional evergreen materials should be incorporated to provide more year round
color. Along the south side of Building B, the pine trees may soften the appearance of the.
building wall as viewed across the wetland, however, staff is concerned that these trees are not
well suited to the growing conditions in that location and will be crowded against the building.
Planning Report — Red Pine Crossing
March 28, 2006
Page 15
Additionally, the Final Landscape Plan should be signed by the landscape architect or certified
nurseryperson who prepared it.
Parks and Recreation — This development is responsible for cash parks and trails dedications
payable at the time of building permit at the rates then in effect. The 2006 rates are $5,790 per
acre for parks and $1,251 per acre for trails.
Building Architecture/Elevations — Building architecture is reminiscent of a railroad depot.
Building materials include a limestone, brick, stone and glass. The roof material is slate. Details
include -wood trussed entry gables, copper flashing and wood soffit brackets. The double pitched
mansard roofs are architecturally consistent with this theme and provide screening for rooftop
mechanical equipment. Because of their visibility, Buildings A and B carry architectural
elements around all sides of the building. Building C focuses architectural elements on the front
facade. The south elevation of Building C is not as visible or prominent as that of Buildings A
and B. While it utilizes the same brick material, the rear elevation of Building C lacks the
architectural features that are found .on the front and sides of that building.
Si na e — City Sign Code allows two building signs on two elevations for tenants in multi -tenant
buildings. One additional sign is allowed for end tenant spaces:
The applicant submitted a separate document outlining the signage guidelines, along with graphic
exhibits defining the sign panels on each building elevation. Individual tenant building signage
is proposed on the north and south elevations of Building A, the north, east and west elevations
of Building B, and the north and west elevations of Building C. The anchor tenant in. Building C
has a 5'0" high sign area above the main entrance, with two smaller sign panels on either side of
the main entrance. Building A also has two 4'0" sign panels on the north and south elevations at
the east end of the. building. The remaining building sign areas are 2'6" in height.
The proposed areas on the buildings for tenant signage appear to be consistent with the Sign
Code. The number of signs for each tenant space, including the anchor tenant in Building C,
should also comply with Sign Code requirements and will be reviewed, as part of the sign, permit
application prior to installation for each tenant.
The applicant has indicated that building signage will be limited to channel letters and "high-
tech, long lasting LED light sources instead of neon." Building signs are proposed to be backlit,
and only LED lighting permitted, no neon and no flashing lights. The maximum letter height is
proposed to be 30"and signs are to be located directly above entrance doors.
A four-sided pylon sign is proposed'at the NW corner of site. The pylon "incorporates the
materials and design aesthetics of the rest of the development setting the tone for the mixed use
center beyond. It consists of brick support columns with a limestone base to match the
materials used on the buildings and has a pitched roof to match the buildings. The pylon
identifies the center name, and includes an internally lit cabinet system on three sides,of.the
1403
Planning Report - Red Pine Crossing
March 28, 2006
Page 16
identification sign (pylon), divided into equal height panels for lease by individual tenants. The
Sign Code limits the sign area to 125 sq. ft. on each side.
he
A monument sign is also proposed at each entrance into the
site
identifying mo the
monuments ot ter eT ed
monument signs are also constructed of brick and limestone.
seven feet in height, and the message area cannot be more than four feet in height.
p k —Number of Stalls — The parking areas are designed to be shared Staff's theparthree
ing
buildings with easements across the lots for shared use and uirement of 264 stalls. The applicant
calculations differ from the applicant's. A total parking q
shows a'required 302 stalls. Within the PD zoning and o tade for the dilfferent usest is lgned for
within all
shared parking, the staff evaluation combined the squareg
three buildings, separating the uses for office, retail and bank.
Staff s calculations result in a total of 264 parking stalls required for the propose d evestalment
for
The breakdown is as follows: 26 7 stalls fore are o ated tai as follows:I spa, 13 stalls for the ,
office space. By building, the 24 stalls
Building A = 42 stalls
Building B = 48 stalls
Building C = 174 stalls
According to the site plan, a total of 302 parking stalls are proviideed oconsider sults in s fining the age
of parking. With anexcess number of stalls, the developer should
parking stalls to meet dimensional standards (see discussion below).
Parkin — Dimensional Standards — City Code requires parking stall dimensions
of theparking sta is
19' deep. Most of the parking stalls meet these dimensional standards;
size
are proposed to be 9.5' x 19' and do not meet minimum forrequirements.
parking stall and aislestis a were
from City Code standards. The dimensional requirements
added to the City Code in 2000. Prior to that, a 10 -foot wide
sandard was d feet were allowed lied in igow
turnover areas, such as retail parking lots, and stalls as narrow
turnover parking lots, such as employee parking at a warehouse or office building. The
acceptability of the proposed 9.5' wide parking stalls is r policyostalls, er to e developer ined should
y City
officials. Since the site apparently has an excess num parking
consider redesigning the stalls to meet dimensional standards.
required parking stall depth of 19 feet and two-way drive aisle width of 24 feet are satisfied.
The q p
Site Li�htin Plan — Site lighting is proposed to be accomplished through free-standing pole-
g mounted lighting
mounted lighting. Some buildinxtures aaroep l
75 watts and the decorative
decorative fixtures fixtures
standard fixtures are proposed. The
are 320 watts; both are metal halide.
I �4
Planning Report — Red Pine Crossing
March 28, 2006
Page 17
The decorative fixtures are proposed to be both pole -mounted and building mounted using a
decorative "shepherd's crook" support. The pole -mounted decorative fixtures are proposed at a
20' mounting height along the main entrance into the site, and at a 12' mounting height along
pedestrian pathways and other pedestrian oriented areas. The same fixture is proposed to be
building mounted along the front of Building C and all around Building B.
The standard fixture is proposed to be pole mounted at a 24' height with botsame
gle andfixtured twin
head design throughout the parking lots. A building mounted version of the s
is
proposed to illuminate the service area on the east side of Building C.
Typically, minimum light levels of 0.5 foot-candles are acceptable within parking lots, and
maximum light levels of not more than 1 standards ds with the exandle are tableat the ception of the west corner of
photometric plan appears to satisfy thesea
Building A where light levels drop below 0.5 foot-candles.
The Illuminating Engineering Society of North America (2003) manual suggests an average -to -
minimum uniformity ratio not greater than 4:1. The average -to -minimum ratio in parking lots A
and C are greater than the recommended 4:1 ratio. This suggests greater light variation
throughout the lot. The site lighting plan should be reviewed and calculations clarified or
lighting modified -to better achieve the IESNA recommended standards. The developer also
should have the lighting engineer and landscape architect review the Site Lighting Plan in
conjunction with the Overall Planting Plan to ensure that the selection of plant materials does not
interfere with effective site fighting.
SUMMARY/CONCLUSION
Revestors is requesting approval of a Rezoning from NB, Neighborhood Business to PD,
Planned Development, a Preliminary Planned Development to create a mixed office/retail
commercial development, and a Preliminary Subdivision to create three lots upon 9.82 acres
located southeast of Red Pine Lane and Hwy. 3.
The proposed development consists of three commercial retail buildings totaling 78,406 sq. ft.
The existing building on the southwest corner of the site is proposed to be removed. The primary
access to the site is proposed from Red Pine Lane, and is designed to be shared with the adjacent
parcel to the northeast. The development plan shows a "ghost plan" for future redevelopment of
the three southerly parcels adjacent to the east with a potential 36,447 sq. ft. of similar uses.
Ultimately, a secondary access via Biscayne Avenue is anticipated. The retail development is
expected to be anchored by a grocery store; other uses include restaurant, bank, and office.
Ponding is proposed in the southwest comer
ona andito, ov d add d infins ltration and te proposed reatinentut
the parking lot both to convey water to the p P
for runoff. The proposed building architecture is reflective'of a railroad depot.
The application is largely in compliance -with NB zoning requirements.
inThe
an odd configuration
subdivision, designed to meet criteria for a renewaVTIF district, results
Planning Report — Red Pine Crossing
March 28, 2006
Page 18
and skewed calculations for bulk standards. The PD zoning canaccommodate
from strict code .requirements,
situation. The Planned Development zoning allows for deviations.
and provides for an overall architectural design, signage plan, landscape plan, site lighting,
shared parking, and other amenities to achieve an improved overall development.
ACTION TO BE CONSIDERED
To recommend approval of a Rezoning from NB, Neighborhood Business 1Sthe E
toPD, Planned
Development of 9.82 acres located southeast of Red Pine Lane wy.
Section 36,.
To recommend approval of a Preliminary Planned Development to create a mixed office/retail
commercial development upon 9.82 acres located southeast of Red Pine Lane and Hwy. 3 in the
SE'/a of Section 36. If approved, the following conditions shall apply:
Preliminary Planned Development Agreement which
1. The developer shall execute a
includes the following plans:
➢ Site Plan
➢ Building Elevations
➢ Site Lighting Plan
➢ Landscaping Plan
➢ Signage Plan
2. A Final Planned Development Agreement shall be executed for each building of the
development. The following plans are necessary for the Final Planned Development
Agreement:
➢ Final Site Plan
➢ Final Building Elevations
➢ Final Site Lighting Plan
➢ Final Landscaping Plan
➢ Final Signage Plan
3. The property shall be platted prior to issuance of any building permits.
4. Uses permitted within the NB zoning district shall be permitted within this development.
Any use that is requires a conditional use permit in the NB zoning district, with the
exception of the bank drive-through and on -sale liquor service associated with a Class I
restaurant operation, which are part of this initial proposal, shall require an amendment to
the PD in lieu of a conditional use permit.
5. Neighborhood Business setbacks shall apply to this development except as noted
otherwise:
�i
Planning Report — Red Pine Crossing
March 28, 2006
Page 19
Building C maybe setback 10.5' from the existing south property line abutting Gun
Club Road.
6. A minimum of 30% green space shall be provided.
7. Building height shall not exceed 30', with the exception of ,the panel above the main
entrance and the tower on Building C which extend to 38' and 46.75' respectively.
8. Building coverage shall not exceed 20%, based on the overall site area.
9. The developer shall review the trash storage areas to ensure they are of sufficient size to
accommodate both trash and recyclable materials containers for anticipated tenants.
10. Stacking for 5 vehicles shall be provided for each of the drive-through lanes.
11. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
12. The applicant shall fulfill required tree mitigation through the installation
C trees(65)
Category B trees (or an equivalent combination of Category and/or Category
13. The applicant shall submit a revised Tree Preservation Plan that shows the correct
silt fence or 4 foot
placement of required Tree Protective measures (i.e. orange
polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter, of
the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preseed
on-site.
14. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading he Tree permit to ensurection co plgance
with the approved Tree Preservation Plan and placemen
t of e.
15. A separate landscape only plan shall be submitted prior to Final PD and Final Subdivision
approval.
16. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
17. The revised Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
18. This development shall be responsible for cash parks and trails dedications payable at the
time of building permit at the rates then in effect.
Planning Report Red Pine Crossing
March 28, 2006
Page 20
19. All building signage shall be subject to City Sign Code requirements and shall be limited
to backlit channel letters.
20. A four-sided pylon sign structure shall be permitted at the northwest corner of the site,
with signage on three sides. The center pylon shall be designed of materials to- match the
buildings. Sign area is limited to 125 sq. ft. on each side.
21. Free-standing monument signs shall be permitted at each entrance into the site. The
monument signs shall be constructed of brick,and limestone to match the buildings. The
monument signs shall be subject to City Sign Code placement and size requirements.
22. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10' stall width.
23. The developer shall have the lighting engineer review the Site Lighting Plan to determine
if adjustments can be made to improve lighting west of Building A and bring the average
to minimum ratios in all parking areas to 4:1.
24. The developer shall have the lighting engineer and landscape architect review the Site
Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of
plant materials does not interfere with effective site lighting.
of a Preliminary Subdivision to create three lots upon 9.82 acres
To recommend approval
Hwy. 3 in the SE /4 of Section 36. If approved, the.
located southeast of Red Pine Lane and
following conditions shall apply:
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D1 and El.
2. The property shall be platted.
3. Neighborhood Business setbacks shall apply to this development except as noted
otherwise:
Building C may be set back 10.5' from the existing south property line abutting Gun
Club Road.
4. Building coverage shall not exceed 20%, based on the overall site area.
5. A minimum of 30% green space shall be provided.
6. Building height shall not exceed 30 feet, with the exception of the panel above the main
entrance and the tower on Building C which extend to 38' and 46.75' respectively.
Planning Report — Red Pine Crossing
March 28, 2006
Page 21
7. The developer shall review the trash storage areas to ensure they are of sufficient size to
cyclable materials containers for anticipated tenants.
accommodate both trash and re
8. The developer shall be responsible for obtaining easement permission from the adjacent
properties for the proposed grading.
9. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with City engineering standards.
10. All retaining walls shall be located on private property, outside of public right-of-way, and
maintained privately by property owners.
11. The developer shall submit evidence of private agreements between all properties in the
subdivision, providing for long-term maintenance of the rain garden and infiltration basin
areas, prior to final subdivision approval, and in a form acceptable to the City Attorney
and Public Works Department.
12. The developer shall be responsible for providing a public storm drainage system within
the development to accommodate the existing drainage from Biscayne Avenue, in
accordance with City engineering standards.
13. This development shall extend public sanitary sewer of sufficient size, depth, and capacity
through the development to serve properties south and east, in accordance with the City
Comprehensive Sewer Plan (2000).
14. All existing well and septic systems on the site shall be abandoned in accordance with
Dakota County and City standards as part of this development.
15. The developer shall be responsible for all necessary roadway and signal mitigative
improvements on Red Pine Lane and at the Red Pine Lane/ Highway 3 intersection. The
developer shall also be responsible for the dedication and acquisition of all necessary
right-of-way, and public and private easements to construct the mitigative improvements.
16. To provide additional distance from the development entrance to Highway 3 to improve
vehicle circulation on Red Pine Lane, the entrance shall be located as far east on the
property as possible.
17. The developer shall be responsible for obtaining private ingress/ egress easement from
Lots 4 and 5, Block 1 Halley's First Addition to cover the proposed access drive over
those properties, to directly align with Red Poll Court across Red Pine Lane.
18. The developer shall locate all large -growth landscaping outside of public right-of-way and
easement areas.
169
Planning Report — Red Pine Crossing
March, 28, 2006
Page 22
19. Stormwater runoff shall be treated on site via two constructed ponds. The design and
construction of the treatment ponds and infiltration basins shall satisfy City standards
and criteria.
20. The wetland delineation report for the site shall be approved as submitted.
21. A de minimus exemption shall be obtained to allow 94 square feet of wetland fill.
22. A minimum 30 -foot natural vegetation buffer shall be provided next to the wetland.
23. The applicant shall fulfill required tree mitigation through of installation
of sixty five
Category C
(65) Category B trees (or an equivalent combination Category
trees).
24. The applicant shall submit a revised Tree Preservation Plan that shows the correct
placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot
polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter
of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved on-site.
25. The applicant shall contact the City Forestry Division and set up a pre -construction site
inspection at least five days prior to the issuance of the grading permit to ensure
ervation Plan and placement of the Tree
compliance with the approved Tree Pres
Protection Fencing.
26. A separate landscape only plan shall be submitted prior to Final PD and Final
Subdivision approval.
27. The Landscape Plan shall be revised to adjust species selection per staff report
recommendations.
28. The revised. Landscape Plan shall be signed by the landscape architect or certified
nurseryperson who prepared it.
29. This development shall be responsible then in parkt, and trails dedications payable at
the time of building permit at the rates
30. A four-sided pylon sign structure shall be permitted at the northwest
st comer
rials t the hatch,
with signage on three sides. The center pylon shall be design of
the buildings. Sign area is limited to 125 sq. ft. on each side.
31. Free-standing monument signs shall be permitted at each entrancesite. into the i Te
monument signs shall be constructed of brick and limestone to match the
Planning Report — Red Pine Crossing
March 28, 2006
Page 23
The monument signs shall be subject to City Sign Code placement and size
requirements
32. Because the site apparently has an excess number of parking stalls, the developer shall
redesign the stalls to the required 10' stall width.
33. The developer shall have the lighting engineer review the Site Lighting Plan to
determine if adjustments can be made to improve lighting west of Building A and bring
the average to minimum ratios in all parking areas to 4:1.
34. The developer shall have the lighting engineer and landscape architect review the Site
Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection
of plant materials does not interfere with effective site lighting.
III
STANDARD CONDITIONS OF PLAT APPROVAL
A: Financial Obligati
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 -
This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development- shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in. addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage requirements. ,
C. Plans and Specifications
All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified bya
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.
11L
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract,. the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
1. This development shall fulfill its park and trail dedication requirements as
recommended by the . Advisory Parks . Commission and approved by
Council action.
G. Water Ouality Dedication
1. This. development shall be responsible for provided a cash dedication,
ponding, or a combination thereof ' in accordance with the criteria
identified in the City's Water Quality Management Plan, as recommended
by the Advisory Parks Commission and approved by Council action.
H. Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission
Approved: August 25, 1987
City Council
September 15, 1987
Revised: July 10, 1990
Revised: February 2. 1993
G:Engineering/Forms/Standard Conditions of Plat Approval
Current Zoning and Comprehensive Guide Plan Red relCrossing
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EAGAN. MINNESOTA
71-61
7300 WEST 147TH STREET
SUITE 504
APPLE VALLEY. MN
55124-7580 aft -ft
(952) 431-4433 OFFICE
(952) 431-3883 FAX
COMM NO: 05018
DATE: 03/10/06 SD -06
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7300 WEST 147TH STREET SUITE 504, APPLE VALLEY, MN 55124-7580 (952) 431-4433
RED PINE CROSSING — PLANNED DEVELOPMENT NARRATIVE:
March 10, 2006
Red Pine Crossing development is planned as a high quality mixed-use project that transforms
The
The R s Southeast Redevelopment Study Area into an attractive and vital neighborhood commercial
Eagycare
development. The project when completed will include store, opporestatunities
to, bankhe under -served rce and, es dents
businesses that will provide much needed retail and service opportunities t
within this part of Eagan as well as portions of adjacent communities. In addition, Red Pine Crossing
transforms the under-utilized and substandard properties into a productive addition to he City of Eagan.
Red Pine Crossing is planned as a two-phase project with the first phase currently beinged ubmi ted as a
Planned Development. However, the entire redevelopment area has been master planned J
with significant city input to determine the best use for the complete district in regards to land use and
utilities, as well as vehicle and pedestrian circulation. Phase I consistsof three very pscale buildings
ace including a
totaling approximately 78,000 gross square feet of mostly retail, bank and r space
mid-size anchor tenant at the south side of the site. The endmixof Buildingd use natures C. Phase IIawil further enhnceladdhan
addition of a second story office area over the retail p
additional 45,000 gross square feet of retail, office and daycare businesses.
ive Plan Guided as RC — Retail Commercial and zoned as NB
The entire site is currently Comprehens
consistent with the uses for the site. The current zoning
Neighborhood Business which are both
is also appropriate for this property given the good access and vipsibility off of Highway 3 and n an
ing
appropriate supporting land use to he adjacent Rl - residential developments.
Of
the zone creounw ed for Red
includes to the east a.small strip of four lots of Industrial use and he Public
Pine Elementary, and finally to the south is the Park zone that encompasses the West End Hunting and
Fishing Club.
Aesthetically, Red Pine Crossing harks back to the railroad
s early 1900's using
any
depots and terminals as visual precedent for the images detailing f the enter. In their
depots and stations were vital centers of -activity within a community, both socially and economically.
Red Pine Crossing is envisioned as just such a place- in the fabric of this modern day community. To
reinforce this vitality, pedestrian paths were developed connecting all adjacent neighborhoods to each
part of the site and to the central plaza.
The railroad depot image is developed using a palette of durable, high quality materials including a
strong limestone base in a random ashlar pattern, brick and
tstone
ho columns
Add Tonal d tail is wadded
supporting the many slate
roofs, and finishes with beck S g
with wood trussed entry gables, copper flashing, and wood soffit brackets that were so commonly found
supporting the deep overhangs of depots from this era. The slate covered double,pitched mansard roofs
provide visual variety for each building again recalling the depot materialsnand d sisame
n e�ementf function
t
to fully screen the rooftop mechanical units. While these familiar
EAPROJECTS\0501MITY REVIEW (SITE, CUP)\PROJECTNARRATIVE.DOC RECE14-0 MAR
.g 3
J/ TVA
throughout the buildings, at the same time the facades are varied in design to breakup each building into
smaller sections — each with their own visual identity. In addition the massing of the buildings gradually
progresses from the northwest corner of the site starting with the lower bank canopy and smaller scale of
building A. It builds slightly within the staggered form of Building B along Highway 3. Finally the
volumes rise to the focal points of Building C with its two story tower at center of the site and the arched
bow of the anchor tenant's entry. Due to the high visibility of all sides of buildings A and B, the detail
level developed on the fronts of the buildings is carried around all sides. These buildings even include
windows on the backs- of each tenant space, a rare feature in retail design.
The buildings are positioned around the perimeter of the development providing the opportunity to create
a central landscape that balances the needs of pedestrians and vehicles while still leaving significant
room for gardens, public plazas, and a recirculating water feature. Central to the site is a series of rain
gardens that are filled with perennial flowers and ornamental grasses. Special attention was given to the
placement of these landscape features to visually divide the parking lot and create attractive pedestrian
connections. The landscaping of the property is further articulated with the inclusion of over 150 trees
and nearly 400 shrubs carefully distributed around the site to provide interest, to highlight landforms, as
well as to function as screens each .relative to the needs of a particular area. Finally, the site will be
accented with decorative trellises, limestone seatwalls, a recirculating. boulder stream, and railroad
themed artifacts carefully distributed around the site and adjacent to pedestrian paths.
As appropriate for a masterplan of this size, the traffic circulation to and within the site was studied to
create appropriate circulation systems for the quantity of vehicles inherent to land zoned for commercial
development; The project circulation included review and recommendations by a private ;traffic
engineer, Wenck, as well as the city engineering department. While vehicle trips will understandably
increase with this development when compared to vacant and minimally used land, the propertylas been
guided for retail commercial development by the City of Eagan for a long time and public transportation
routes anticipate that load. As noted in the traffic study, 95% of the trips return directly to the signal
controlled intersection of Highway 3 and Red Pine Lane minimizing impact on the nearby neighborhood
streets. In addition the traffic study showed that all existing public roadways will be within standard
acceptable ranges for levels of service (LOS) at peak hours and recommends the addition of a 100 foot
right turn lane eastbound on Red Pine Lane turning into the main entry of the development which we
have added to the project.
Special care was focused on the design of Red Pine Crossing to minimize the impacts of the
development to the ecosystem. First; the rain gardens previously mentioned act as environmentally
friendly sustainable areas to collect the waters of a typical small rain, allow them to infiltrate into the
ground, and be cleaned in the process. This approach significantly reduces the rainwater runoff that
leaves the site, a benefit to the entire stormwater district. Even during a heavy rain, the rain gardens
provide infiltration into the soil while creating an overflow process stepping from one rain garden to the
next progressing down the site contours until the rainwater enters the N JRP pond created at the
southwest corner of the property. Further, the project strives. to maintain its environmentally sustainable
approach by carefully redesigning the buildings and vehicle circulation plans, pushing them away from
the existing wetland fully maintaining this wetland without disturbance. The parking stalls widths were
also reduce by 6" to help allow for the wetland avoidance. The project also provides buffer space around
E:IPROJECTS\0301MCITY REVIEW (SITE. CUP)\PROJECT NARRATIVE -DOC
the wetland ranging from a minimum of 10 feet to well over the 30 foot preferred buffer dimension. At
all locations where the buffer is less than 30 foot, the area developed is graded away from the wetlands
in order to not allow untreated stormwater from directly entering the pond.
To further accentuate the level of quality developed within the site and buildings, the exterior signage
guidelines were carefully crafted to specify consistent tenant sign placement and appropriate signage
sizing. The guidelines also mandate top of the line individual channel letters and high-tech, long lasting
LED light sources instead of neon. The signage approach culminates with the main project identification
sign which incorporates the materials and design aesthetics of the rest of the development setting the
tone for the mixed use center beyond.
All three building of Phase I of Red Pine Crossing are scheduled for a start in spring, 2006, and be ready
for tenant interior construction late in 2006. The first tenant openings would be anticipated around the
second quarter of 2007. Phase II is anticipated to be incorporated into this Planned Development by an
amendment process after the remaining parcels are acquired. Currently this phase is anticipated to begin
in the first half of 2007, roughly following the opening of the Phase I buildings.
.Red Pine Crossing is well suited for the Planned Development approach since it provides a very high
level of building and site detail. The benefits include the project's mixed-use nature, low impact
stormwater system, wetland preservation, extensive landscaping, and top quality, exterior image and
finishes all within an area of the city targeted for revitalization.
In summary, the developers are excited to be able to propose Red Pine Crossing as a quality and
productive mixed-use development within the fabric of the City of Eagan, a vital and enjoyable
community in which to live and work. We believe this project can enhance this gateway to the city both
visually and through the products and services that will be available to the people of this section of the
city.
E;\PROJECTS\05018\CITY REVIEW (SITE. CUP)\PROJECT NARRATIVEAOC
iai
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, 'MN 55124-7580 (952) 431-4433
Red Pine Crossing —Signage Guidelines:
Version Date: December 21, 2005
General Intent:
The guidelines for signage for all buildings within this development is intended to add to the overall
project image by providing a similarity for signage style, maximum letter size, _and placement within
each fagade. .
City of Eagan Signage Ordinance & Permit:
Each tenant shall be responsible for reviewing and meeting all requirements of the current Signage
Ordinances for the City of Eagan unless the ordinance is specifically modified by the approved
Planned Development version of the Red Pine Crossing —Signage Guidelines. Each tenant shall
obtain a signage permit from the City of Eagan prior to installing any signage.
Building'Management Review:
Each tenant shall submit signage plans and specifications to the building management for review and
approval prior to ordering or installing any signage. Any sign that does not receive prior approval
shall be removed at the tenant's sole expense. Review and approval by the building management
does not release the tenant from meeting these guidelines nor from obtaining a sign permit from the
City of Eagan.
Building Mounted Signage:
The following guidelines apply to all building mounted tenant signage:
1. Sign Type: All signage to be individual letter, channel typeface illuminated signs. Letters to
be 4" deep and constructed with 1" edge trim unless the letter size dictates a 2" trim.
2. Logos or Images: Branded logos or tenant specific images may be included as part of the
building mounted sign subject to building management approval and shall also be of channel
type construction.
3. Lighting: The tenant name portion of the sign shall be backlit. Logos or images may or may
not be backlit at the tenant's option. Lighting shall not flash or be distracting in any manner
as determined solely by the building management.
4. Light Source: All backlit exterior signage to use LED light source, no neon lighting allowed.
5. Maximum Letter Height (All Buildings unless noted otherwise): The maximum letter vertical
dimension shall be no greater than 30" overall. Lower case letters with dropped type shall not
extend below the 30" maximum area.
6. Maximum .Logo or Image Height (Buildings C — Anchor only): The signage for the anchor
portions of Building C shall be of any height that will be contained within the signage area
shown on the attached details.
7. Maximum Signage Width: The building mounted tenant sign shall not exceed the width
P:\PROJECTS\2005\050I8\TEXT\CITY REVIEW (SITE. CUP)\SIGNAGE V2.DOC Page 1 of 4
RECEIVED N—C 21.2005
shown in Detail Sheets SD1 through SD5 depending on building location. Signage shall be .
centered over entry door or within allowable signage area if not at an entry. All signage must
remain on the brick or cast stone surface and provide a minimum l'-0" horizontal buffer to .
other building elements.
8. Signage Height from Floor: The signage shall be placed within the bands indicated for letters
and for logos as shown in Detail Sheets SDI. through SD5.
9. Signage Location: Each tenant shall provide a sign in the band directly above their main
entrance door, unless indicated otherwise in the Detail Sheets. Tenants in Buildings A and B
shall in addition provide a second sign along the back, or end for end cap leases, within the
section of the building which they lease and within the space indicated for signage. Except
for the Building C Anchor tenant, no tenant shall be allotted more than two exterior building
mounted signs.
10. Signage Attachment and Conduit Routes: All signs shall be installed and wired by an
experienced signage company hired by the tenant. All signs shall be attached into the brick or
cast stone surfaces with masonry anchors connecting at mortar joints where possible and in a
manor to minimize damage to the building wall system. Conduit shall be placed in holes
drilled through the masonry veneer and backup wall system connecting to junction boxes
within the interior of the tenant space. All conduits shall be sealed with caulking at both the
masonry veneer face placed from the outside and the exterior .face of the backup wall placed
from the inside through the junction box opening in a manor to maintain the moisture barrier
integrity of the wall system.
11. Signage Maintenance: The tenant shall maintain their signage to be new in appearance and
oeration.
12.S I ignage Removal and Building Patching: Signs shall be removed by the tenant when their
lease is expired or prior to placing new signage approved as noted above. Patching of the
brick and stone veneers shall be provided by the building management's selected contractor at
the tenant's sole expense. The tenant shall provide a minimum of two week's notice to the
building management for sign removal and coordinate scheduling of sign replacements such
that patching. can occur prior to installing the new sign. Signs not removed at the end of a
tenant's lease shall be removed by the building management at the tenant's sole expense.
Main Development Identification Sign:
The building management shall provide a project identification sign structure and internally lit
cabinet along Highway I This sign will label the overall center name and will provide the
opportunity for multiple individual tenant sign sections. These following guidelines apply to all
tenant signage on the main development identification sign:
1.. Signage System: The building management shall provide an internally lit cabinet sign system
on three sides of the identification sign. The cabinet system shall remain the property of the
building management. This cabinet shall be divided into full width units of equal height as
shown on Detail SD6.
2. Leasing of Signage Units: All signage units will be leased based on the current rates,
escalations, and terms set by the building management at the time of the tenant's lease. A
tenant at time of leasing may choose to not exercise their signage lease option or to
PAPROJECTS12005\05018WEXMITY REVIEW (SITE, CUP)\SIGNAGE V2.DOC
Page 2 of 4
downgrade their signage option to a lower priority level.
3. Priority Listing for Signage on Main Development Sign: The building management shall
maintain a current listing of tenants in the order of their main development identification
signage priority. The opportunity for, tenant's graphics to be placed on this sign shall be
allotted a priority based on the criteria shown in Item 4 below in the order indicated. Signage
units will be allotted starting from the highest priority tenant, proceeding in order down the
list until all sign units have been leased. The remaining tenants shall be considered to be on a
waiting list. Any ties in Priority Listing rating levels shall go to the tenant with the longest
remaining building lease. During the initial leasing of these signage units, priority will also
be assigned based on the date of building lease execution.
4. Tenant Priority Criteria and Lease Period:
a. Priority 1: The main Building C Anchor Tenant shall have the option to lease the top
two units of all three sign sides. The signage lease may extend the length of the
tenant's building lease'including extensions.
b. Priority 2: Any tenant leasing 6,000 square feet or greater of rentable floor area shall
have the option to lease one. unit of all three sign sides. Additionally within this
category, tenants with the greater leased floor area shall have priority over those with
less leased floor area. The signage lease may extend the length of the tenant's
building lease without extensions.
c. Priority 3: Any tenant leasing at least 3,000 square feet but less than 6,000 square feet
of rentable floor area shall have the option to lease one unit of all three sign sides.
Additionally within this category, tenants with the greater leased floor area shall have
priority over those with less leased floor area. The maximum signage lease term shall
be the end of the tenant's building lease or two (2) years, whichever is less.
d. Priority 4: Any tenant leasing less than 3,000 square feet of rentable floor area shall
have the option to lease one unit of all three sign sides. Additionally within this
category, tenants with the greater leased floor area shall have priority over those with
less leased floor area. The maximum signage lease term shall be the end of the
tenant's building lease or one (1) year, whichever is less.
5. Reassignment of Signage Units: Signage units shall revert to the Priority Listing to be re-
evaluated at the end of a tenant's signage lease without the option for a signage lease
extension except for Priority 1 leases noted above. The building management shall update the
Priority Listing at least quarterly, providing tenants the option to upgrade. or lease any
available signage units based on the current Priority Listing ratings. Tenants may release their
existing signage unit only if they receive the opportunity through the Priority Listing process.
6. Signage Unit Graphics: The face panels for the signage units shall be provided by the
building management's selected contractor at the tenant's sole expense. The panel shall be of
white translucent material. All signage graphic artwork shall be provided by the tenant for the
contractor's use in manufacturing the panel. All signage shall be presented to the building
management for review as previously noted.
PAPROJECTS\2005S050IB\TEXT\Cm REVIEW (srre, CUP)\.SIGNAOE VT DOC Page 3 of 4
Development Entry Identification Signs:
The building management shall provide Entry Identification ground signs at each development entry
from a public street. No tenant signage will be allowed on these entry signs.
Temporary Tenant Signage:
Temporary Exterior Signage is not permitted by the tenant.
Floating, Ground or Roof Mounted Signage and Obiects
Floating, ground or roof mounted signage or marketing objects of any type are not permitted by the
tenant.
Exterior Seasonal Decorations:
In order to maintain a uniformity of appearance within the development, exterior seasonal
decorations are not permitted by the tenant but may be provided by the building management in their
sole determination of the appropriate locations and extent.
P:IPROJECfSM.051050IS\TEXTICITY REVIEW (SITE, CUP)\SIGNAGE V2.DOC Page 4 of 4
Agenda Memo
April 4, 2006 Eagan City Council Meeting
E. PROJECT 929 RED PINE LANE/ RED PINE CROSSING
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the petition and authorize the preparation of
a Feasibility Report by the City Engineer for Project 929 (Red Pine Lane/ Red Pine
Crossing - Street & Utility Improvements).
FACTS:
• Red Pine Crossing is a preliminary subdivision, rezoning, and planned development
application submitted by Revestors, Inc. on approximately 10 acres in the southeast
corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing
proposes commercial development consisting of general retail, grocery, and banking
uses.
• Consideration of the development of Red Pine Crossing is also scheduled for .
consideration at the April 4 Council meeting.
• The development is estimated to generate approximately 4,500 new daily vehicle trips
on Red Pine Lane with full build -out.
• City staff has identified improvements to Red Pine Lane necessary to accommodate
this additional traffic; and the ultimate development and re -development of the area.
A proposed condition of preliminary subdivision approval requires the developer of
Red Pine Crossing to be responsible for improvements to Red Pine Lane.
• Another proposed condition of approval requires the developer to extend a sanitary
sewer across the development for use by the development and future use by
properties to the south and east of the development.
• On March 27, 2006, City staff received.a petition from Revestors, Inc., requesting the
preparation of a Feasibility Report for the improvements to Red Pine Lane, and the
extension of sanitary sewer across the development.
s If the preliminary .conditions of subdivision approval for the Red Pine Crossing
development are approved, it would be appropriate for the City Council to receive
this petition and authorize the preparation of a Feasibility Report for this project to
determine the scope, cost, schedule, and method of financing for the construction of
these public improvements.
ATTACHMENTS:
• Petition, pages Iql through .
FOR CITY USE ONLY
Project No.9
Date Received (D2 _ a 7 --G
Presented to Council
NC- 1,4-X)t;
I/We, theundersigned, owners of the real property adjacent to t'EA-2 N � Subdivision,
(Street) or within
hereby petition for:
Street Improvements
Sanitary Sewer
Water Supply
Storm Sewer
Street Lights
Other (Explain)
I//We understand that this petition does not in itself request the installation of these improvements but, rather,
request the preparation of a. feasibility report in which the estimated costs of these improvements will be
tabulated. I/We understand that upon receipt of this petition and the preparation.. of the requested feasibility
report, a public hearing will be held at which time we may voice our support or oposition based on the costs
as prepared in said feasibility report.
If the requested improvements are denied for construction at the time of public hearing, I/We hereby
guarantee payment for all costs incurred in the preparation of this feasibility report.
Signature of Land Owner
Address of Property
1.
2.
I/We hereby waive our rights to the public hearing and' request that detail plans and specifications be
prepared simultaneously and also guarantee their respective costs if the project -is not awarded.
(Signature)
WFORMS/PETITION/Feasibility Report (Dev.)
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
RED PINE CROSSING - PUBLIC IMPROVEMENT PETITION NARRATIVE:
March 27, 2006
The Property Owners for the Red Pine Crossing development, Revestor Group 4, LLC., respectfully
petition the City of Eagan for the following public facility improvements to the streets and sanitary
sewer line serving our property and the surrounding neighborhood.
First, we request the improvement of the addition of a sanitary sewer line that connects the current
sewer line at the corner of Biscayne and Gun Club Road to the manhole downhill at the SE corner of
Red Pine Lane and Highway 3. As we understand, this line is in accordance with the City
Comprehensive Sewer Plan (2000).
Secondly, we request several improvements to Red Pine Lane including the following items if
deemed necessary by the City to meet the traffic needs of this intersection:
1. Provide an eastbound right turn lane on Red Pine Lane entering the new development.
2. Revise the signal programming on Highway 3 and Red Pine Lane as recommended by
MnDOT.
3. Add an extended left turn lane on westbound Red Pine Lane.
4. If needed, the addition of a right turn lane on westbound Red Pine Lane along with the
necessary right of way acquisition, railroad crossing and "signal revision, and physical
revision to the traffic signal required by this lane.
We feel that the above sewer and street upgrades are needed to.meet the needs of this growing portion of
the City of Eagan and to appropriately provide public service to our property and the adjacent
neighborhoods.
PAPROJECTS\2005\0501 B\TEX-RCITY REVIEW (SITE, CUP)\PUBLIC IMPROVEMENT PETITION.DOC
IN
Agenda Information Memo
April 4, 2006, Eagan City Council Meeting
F. CONDITIONAL USE PERMIT — CITY OF EAGAN COMMUNITY CENTER
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a pylon sign
subject to the conditions in the APC Minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED
message center to allow for announcement of events and programs at the Eagan
Community Center.
➢ The applicant is proposing the existing monument sign be removed, and the pylon be
placed in the same location, perpendicular to Pilot Knob Road.
➢ The proposal appears to satisfy the Sign Ordinance bulk standards for pylon signs, and.
appears compatible for the proposed location.
➢ The Sign Code does not allow text copy with moving sections or intermittent or flashing
lights, except for intermittent display of time and temperature. Therefore, it is proposed
the LED text copy shall not change more than twice per day to allow for display of
messages pertaining to both daytime and evening events.
➢ The APC held a Public Hearing on March 28, 2006 and are recommending approval of
the CUP.
60 DAY AGENCY ACTION DEADLINE: (April 10, 2006)
ATTACHMENTS (2):
Draft Advisory Planning Co s' n Minutes ages�"v
Planning Staff Report on pages through
March 28, 2006 Advisory Planning Commission Minutes
Page 18
G Community Center
Applicant Name: City of Eagan
Location: 1501 Central Parkway; Lot 1, Block 1, Eagan Central Park
Application: Conditional Use Permit
A Conditional Use Permit to allow a monument sign.
File Number: 09 -CU -01-02-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated March 1, 2006. He noted the background and history. He stated the sign
base material will match the limestone on the existing sign and Community Center building.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public he and turned the discussion
back to the Commission.
Member Gladhill stated concern with the changing-messace An settin .� ecedent. He
recommended a larger identification sign at the existinc�n on Pilot end the reader -
board sign nearer the Community Center building.
Chair Heyl stated the message should be changers t%
allow for the identification of more than one event on
Member Chavez moved, Member Bend
Conditional Use Permit for a 10' tall an
1501 Central Parkway, (Lot 1 Block 1 Ee
the following conditions as amended:
1, - This Conditional
approval by the
2. An administraW
pylon sign.
3. The existing mo
4. The py
5. :-
6. ' TCL
7. The
8. The
sign shal
sign shall
Oxt COPY
&t. copy
except for In
IN
9. The pylon sign
10. The limestone
II be
direct
necessary.
and to
ed a motion td4ggornmend approval of a
quare foot pylonVb;0 qn property located at
mark) in the 4 of Section 9 subject to
at Dakowbounty within 60 days of
be obtained from the City prior to installation of the
jtb&�movej prior to installation of the pylon sign.
t Il ffl monument sign location, approximately 220'
icated on the site plan with a modification date of July 12,
etba& nimum of 10' from all property lines.
:xceect;' in height or 109 square feet in area.
of change more than twice per day.
of contain moving sections or intermittent or flashing lights,
,play of time and temperature.
ply with all Sign Code requirements.
be the same as the present sign.
Member Gladhill stated he will vote against because of the changing reader board.
Chair Heyl agreed with Member Gladhill that, perhaps, a larger sign should be installed at the
present location a er thelCommuni n Centerwith the area and that the new entrance off of Central Parkway1nvote was taken.
oard
sign be placed near Community
Aye: Members Bendt,. Hansen, Chavez, and Dugan.
Nay: Chair Heyl and Member Gladhill.
Motion carried 4-2.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 1, 2006
APPLICANT: City of Eagan
PROPERTY OWNER: City of Eagan
REQUEST: Conditional Use Permit
LOCATION: 1501 Central.Parkway
COMPREHENSIVE PLAN: SA, Special Area
ZONING: P, Park
SUMMARY OF REQUEST
CASE: 09 -CU -01-02-06
HEARING DATE: March 28, 2006
APPLICATION DATE: February 9, 2006
PREPARED BY: Mary Granley
The applicant is requesting approval of a Conditional Use Permit to allow a 10' high, 109
square f6ot pylon sign at 1501 Central Parkway in the SE'/< of Section 9.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 1!. 50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives, of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
zol
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion,or interfere with traffic on surrounding public streets.
7. * Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever ciated with these uses,
tions they deem
to protect the value
necessary to mitigate anticipated adverse impacts as
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet
in area per side with approval of a Conditional Use Permit.
BACKGROUND/HISTORY
The Eagan Central Park development was platted in 2003. ,The existing monument sign was
permitted and constructed in 2003.
EXISTING CONDITIONS
The Eagan Central Park entrance located at the
intersection of Pilot Knob Road and Central
Parkway,. features a curved wrought iron fence
supported by five brick pillars on the northwest
corner of the intersection. A "Lone Oak" tree
adorns the fence to welcome guests to the
entrance of the site.
There is an existing 6'-3" non -illuminated
monument sign located approximately 200' north
of the intersection.
202
SURROUNDING USES
The site has research and development uses to the north and south, and town home and multiple
residential uses to the east and west.
EVALUATION OF REQUEST
The applicant is proposing the pylon be placed in the same location as the existing monument
sign, perpendicular to Pilot Knob Road, to afford easy viewing by both north and south -bound
traffic.
According to the applicant, the existing monument sign does not allow for promotion of events
and programs at the Community Center. The, applicant states that events continue to increase in
popularity and number, and are scheduled on a daily basis throughout the year. Many events are
paid, private reservations, while others are public functions. To make possible the ability to post
related announcements concerning the events and programs at a highly visible location via LED
message board would add efficiency to the operation of the Community Center, provide a
convenience for patrons and residents and reduce the placement of off -premise signs along .the
streets.
BULK STANDARDS/DESIGN
all City Code bulk standards for spacing, size; setbacks and height.
The proposed sign meets
The applicant is proposing a double-faced pylon, 10' in height, 108:5 square feet in area and
setback a minimum of 10' from all property lines in keeping with City Code requirements. The
main (upper) portion of the sign would measure 59.5 square feet in area. The main portion of the
sign would be internally -lit and contain the new City of Eagan logo placed alongside text
indicating the "Eagan Community Center Central Park" location.
The lower portion of the sign would contain an LED message board measuring 49 square feet in
area, which would be subordinate to the main portion of the sign. The three -line LED message
board would be contained within analuminum cabinet, and would provide three -lines of 9" text
in a red -color to allow for easy -to -read nighttime viewing. The LED text would be changed by
City staff via a modem connection, and the applicant proposes text changes twice per day to
allow for display of messages pertaining to both daytime and evening events.
A masonry brick would be used for the construction of the 2 -foot high sign base, and would be
enhanced with a modular block planter surrounding the bottom of the sign. The plantings will be
consistent with other plant varieties ' sed throughout the park site; and will visually support the
vertical surfaces of the sign.
zoz>
SUMMARY/CONCLUSION
The applicant is proposing a 10' high, 108.50 square foot pylon sign with an LED message center
to allow for announcement of events and programs at the Eagan Community Center.
The proposal appears to satisfy bulk standards for pylon signs in the Sign Ordinance. The
proposed sign also appears compatible at the proposed location, specifically, and this area of the
City, generally.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for a 10' tall and 109 square foot pylon
sign on property located at 1501 Central Parkway, (Lot 1 Block 1 Eagan Central Park) in the SE
'/4 of Section 9.
If approved, the following conditions should apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. An administrative Sign Permit shall be obtained from the City prior to.installation of the
pylon sign.
3. The existing monument sign shall be removed prior to installation of the pylon sign.
4. The pylon sign shall be placed at the current monument sign location, approximately
220' north of Central Parkway; as;indicated on the site plan with a modification date of July
12, 2005.
5. The pylon sign shall be setback a minimum of 10' from all property lines.
6. The pylon sign shall not exceed 10' in height or 109 square feet in area.
7. The LED text copy shall not change more than twice per day.
8. The LED text copy shall not contain moving sections or intermittent or flashing lights, except
for intermittent display of time and temperature.
9. The pylon sign shall comply with all Sign Code requirements.
7.o4
a
Location Map
it.
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1000 D 1000 200D Feet
Development/Developer: City of Eagan Community. Center
Application: Conditional Use Permit
Case No.: '09 -CU -01-02-06
N
Map Preparedusing EPSI A,,View 5.1. Parcel base map data provided
by Dakota County OMce of GIS and is current as of April 2005•
49111, p W fi
�lt�DI �i �Q� THIS MAP IS INTENDED FOR REFERENCE USE ONLY Im
U14 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Wmmnnity,DevNopment Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map
Zoning. Map
Current Zoning:
P
Park
I- o eoo uo1) F«t
Comprehensive Guide Plan
Land Use Map
Current Land Use Designation:
SA
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Recreational Open Space
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09 -CU -01-02-06
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Olf q q EQ�QIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY S
The City of Eagan.and Dakota County do not guarantee the ace -racy of this Information.
FA HT
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CENTRAL PARK READER BOARD
CONDITIONAL USE PERMIT
NARRATIVE
The City of Eagan is proposing the installation of a 10' x 14' pylon sign with a two sided
electronic reader board. Said sign is to be located on City owned property addressed as
1501 Central Parkway. The City property is bounded on the east by Pilot Knob Road.
The proposed sign would replace the existing two sided monument sign and be
positioned perpendicular to Pilot Knob Road so as to be visible by north and south bound
Pilot Knob traffic. Due to the 10' height of the sign, it is necessary to request a
Conditional Use Permit.
The proposed sign will replace the existing, static, monument sign that identifies the
property as Central Park. The proposed sign would be a multi -panel design that would
continue to identify the property as Central Park but also allow for the promotion of
events and programs scheduled at the near by Eagan Community Center, also located
within Central Park, via a two side electronic reader board. Events and programs at the
Community Center continue to increase in popularity and number and are now scheduled
on a daily basis throughout the year. Many are paid, private reservations, while others are
public functions. Having the ability to make xelated announcements at a highly visible
location would add efficiency to the operation be a convenience for patrons and residents.
The reader board would contain three horizontal text lines of 9" characters and be
controlled by City staff via a modem connection. The cabinet will be steel clad with an
aluminum facing into which the letters and City logo have been cut. The sign will be
internally lit thereby reducing the potential for glare that may hinder passing drivers. A
modular block planter will surround the bottom of the sign. The plantings will be
consistent with others located on the site and aid in visually "grounding" the vertical
surfaces of the sign. Because the new sign will be located in essentially the seine location
as the existing sign, minimal disturbance of the site will be necessary.
*% II'l h1 A.D D ATI\/G
L
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
APRIL 4, 2006
A. CALL TO ORDER
B. ADOPT AGENDA
PC. APPROVE MINUTES
D. OLD BUSINESS
E. NEW BUSINESS
P U5 1. SOUTHEAST EAGAN — Receive Substandard Condition Report and
Request for Consideration of the Creation of Renewal and Renovation Tax
Increment Financing District for a Portion of the Area Bounded by Hwy 3,
Red Pine Lane, Biscayne Avenue and Gun Club Road in Southeast Eagan
and Request that the City Council Call for a Public Hearing
P 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to
Enter into Negotiations for the Potential Acquisition of the Steve Martin
Property (Former Child Care Center), 3990 Sibley Memorial Highway
F. OTHER BUSINESS
G. ADJOURNMENT
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 49 2006
NOTICE OF CONCURRENT ACTIONS
The Council acting as the Board of Commissioners of the Economic
Development Authority ("EDA") may discuss and act on the agenda items
for the EDA in conjunction with its actions as a Council..
A. CALL TO ORDER
ACTION TO BE CONSIDERED:
To convene a meeting of. the Economic Development Authority to run concurrent
with the City Council meeting.
B. ADOPT AGENDA
ACTION TO BE CONSIDERED:
To adopt the agenda as presented or modified.
C. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the March 219, 2006 EDA meeting as presented or
modified.
ATTACHMENTS:
s �'
• Minutes of the March 21, 2006 EDA meeting on page.�-�4 �'% •
212
MINUTES OFA MEETING OF THE '
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
March 21, 2006
A meeting of the Eagan Economic Development Authority was held on Monday, March
21, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner
Fields, Commissioner Tilley, and Commissioner Maguire. Also present were Executive
Director Hedges, Community Development Director Hohenstein, City Planner Ridley,
Director of Public Works Colbert, and City Attorney Dougherty.
ADOPT AGENDA
Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
APPROVE MINUTES
Commissioner Tilley moved, Commissioner Maguire seconded a motion to adopt a
resolution approving the minutes of the March 6, 2006 meeting as presented.
Aye: 4 Nay: 0
There were no items.
OLD BUSINESS
NEW BUSINESS
CEDAR GROVE REDEVELOPMENTUSE OF EMINENT DOMAIN TO ACQUIRETO
CONSIDER THE �
CEDARVALE MALL AT THE REQUEST OF ITS OWNER
Community Development Director Hohenstein discussed the proposed use of eminent
domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties.
President Geagan opened the public hearing.
Daniel Beeson, attorney representing John VanderAarde, owner of Grand Slam Sports
presented a letter to the EDA expressing opposition to the City exercising the power of
eminent domain to acquire Grand Slam's leasehold interests.
Don May, President of Lifespan, discussed the need for a timeline in regard to when the
school would have to be relocated and if the current lease would have to honored.
2�3
There being no further public comment, President Geagan closed the public hearing and
turned discussion back to the Council.
It was agreed that moving forward with the eminent domain process would provide
answers to some of the tenants of the building.
Commissioner Maguire moved, Commissioner Tilley seconded a motion to direct. the
preparation of Findings of Fact to approve the use of eminent domain to acquire the
Cedarvale Mall at the request IF Development Agref its owner, Cedar ement between the City and Schafer
ove Properties, as outlined in the
Cedar Grove Redevelopment T
Richardson. Aye: 4 Nay: 0
There was no other business.
OTHER BUSINESS
ADJOURNMENT
Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the
meeting at 8:45 p.m. Aye: 5 Nay: 0
Date
z0A
Deputy City Clerk
Agenda Memo
Eagan Economic Development Authority Meeting
April 4, 2006 -
1. SOUTHEAST EAGAN — RECEIVE SUBSTANDARD CONDITION
REPORT AND REQUEST FOR CONSIDERATION OF THE CREATION,
OF RENEWAL AND RENOVATION TAX INCREMENT FINANCING
DISTRICT FOR A PORTION OF THE AREA BOUNDED BY HWY 3,
RED PINE LANE, BISCAYNE AVENUE AND GUN CLUB ROAD IN
SOUTHEAST EAGAN AND REQUEST THAT THE CITY COUNCIL
CALL FOR A PUBLIC HEARING
ACTION TO BE CONSIDERED: To receive the substandard condition report and
request from Revestors Realty for consideration of the creation of Renewal and
Renovation Tax Increment Financing District for a portion of the area bounded by Hwy
3, Red Pine Lane, Biscayne Avenue and Gun Club Road in southeast Eagan and request
that the City Council call for a public hearing,
FACTS:
• The City entered into a predevelopment agreement with Revestors and Manley
Development to study the possibility of creating a redevelopment district in the
southeast area of Eagan at the southeast corner of Hwy 3 and Red Pine Lane. The
purpose of the agreement was to encourage the developers to identify a
masterplan approach to the property and to review the 'substandard conditions and
financial assumptions associated with the potential creation of a redevelopment
district to encourage the development of the property and the redevelopment of
parcels that are non -conforming, with the current guide and zoning designations
for the area.
• The parties have worked together to prepare the necessary plans and analysis and
it has been determined through a Substandard Conditions Study by LHB
Associates that the area could qualify as a Renewal and Renovation District under
the TIF statute, if the EDA and City Council make appropriate findings to that
effect.
• Manley Development owns a portion of the site that would lie outside of the .
Renovation and Renewal District, but Revestors owns a portion of the property
that meets the substandard qualifications and, as a part of its development
proposal for the former Oberg property, the company has prepared a prospective
masterplan for the development of the remainder of the site described to illustrate
how the currently proposed portion of the Red Pine development could extend by
phases into the remainder -of the prospective District.
• Revestors has submitted a request for the City to consider creation of a
Renovation and Renewal TIF District and to consider the use of proceeds for such
a district to assist with extraordinary costs associated with the prospective
215
development and redevelopment. In order to consider such an action, the City
Council will need to schedule and hold a public hearing for that purpose. The
action before the EDA is to accept the request and the Substandard Conditions
Report and request that the City Council, at its next meeting, consider scheduling
a public hearing for that purpose.
ATTACHMENTS:
• Request letter on page _Zn—
• Schedule of events on page
• Resolution calling for a public hearing on pagej- L
• Enclosed without page number is the LHB Substandard Conditions Report
will t be 1•nCILt dIL-� n al�l'� z' /ne,�o
C .
on MonolQy.�
2j6
REALTY
(,.::. U n t y P, o c d 41 � 'Uti e S i 5 w, � a .. '300
Cl ^I 95 t:
t' .F?SIenii,a1: 952.895 8';32
March 24, 2006
]on Hoenstlen
Community Development Director
City of •Eagan
3830 Pilot Knob Road
Eagan, MN 55122
E3ur'r'iSviil imr,J 55337
, 8 9r;1G.(;J9.7.� ..
`''� � "r_1C;;f?lii.s CYC^ 891- 61t;}`10
Re: Request for tax increment assistance
Dear Mr. Hoenstlen,
We are requesting tax increment assistance toward the renewal of our
property located on the Southeast corner of Highway 3 and Red Pine
Lane. As previously reviewed, we have established a gap caused by
redevelopment issues as well as valid redevelopment casts, In the
amount of $330,0001 to be reimbursed by tax increment. Please
initiate the process of creating a TIF District, and work to complete it
as expeditiously as possible so we can plan accordingly.
Do not hesitate to contact me if you have any, questions.
Best regards,
Tim Anderson
612-616-2111
timOrevestors.com . �"�
SCHEDULE OF EVENTS
EAGLOPMENT AUTHORITY
AN ETCHE CITY OF EEC`AGAN CITY COUNCIL
FOR R SOUTHEAST EEAAGAN DENT OF VELDEVELOPMENT OPMENT DISTRICT NO. PROGRAM
AND THE
ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. —
(For the proposed Red Pine Crossing Redevelopment Project)
(a renewal and renovation district)
Fall 2005 LHB reviews property and completes building inspections and blight analysis.
March, 2006 City provides LBH direction to complete building inspection and blight analysis report.
March 30, 2006 LHB completes building inspection and blight analysis report.
April 4, 2006 EDA receives LHB's report and requests that the City. Council call for a public hearing.
April 7, 2006 Project information (property identification numbers and legal descriptions,
detailed project
description, maps, buttfor statement, and list of sources and uses of funds) for drafting necessary
documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether
building permits have been issued on the property to be included in the TIF District.
April 18, 2006 City Council meets at r So thea Eagan nd calls
Develo public
meent District No. 1 on and the Establishmentf
e establishment of the
Development Program for Southeast g P
Tax Increment Financing District No.
April 21, 2006 Project information and a copy of the Plan submittedt o thewill myax Board
fo Aprireview l 19, 200 ] of county
road
impacts (at least 45 days prior to public hearing). [ f
April 25, 2006 Planning Commission meetsat 6:30 p.m. and reviews Plans to determine if they are in compliance
with City's comprehensive plan.
May 5, 2006 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days
prior to, public hearing). [Ehlers will fax & mail by May 3, 2006]
May 16, 2006 EDA considers the Plans.
May 20, 2006 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to
hearing)., [Ehlers will e-mail to 77iisweek Eagan by May 16, 2006.1
June 6, 2006 City Council holds public hearingat6:30 No. lon the and the Establishment nt oent of f Tax Increment Finanment cing
for Southeast Eagan Development
District No. , and passes resolution approving the TIF District. [Ehlers will e-mail Council
packet information by May 31, 2006]
2006 City authorizes Ehlers to request certification of the TIF District.
2006 Ehlers & Associates requests certification of the TIF District from the state and county.
The oBoardcould
County
tyty Board, by , has 45 dreaysi toreview the
shouldbebe used for line If a y county roads will be impacted by the development Please be aware
that the
An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be
commenced within the later of:
(1)18o days after the municipality's approval under section 469.175, subdivision 3; or
(2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1.
E
HLERS
ETES ING
6 A880C1
EAGAN ECONOMIC DEVELOPMTNT AUTHORITY
CITY OF EAGAN
DAKOTA COUNTY, STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION REQUESTING TEE CITY COUNCIL OF THE CITY OF EAGAN CALLYOR
A PUBLIC HEARING ON THE ESTABLISHMENT OF SOUTHEAST EAGAN
DEVELOPMENT DISTRICT NO. I AND THE ESTABLISHMENT OF A TAX INCREMENT
FINANCING DISTRICT FOR THE RED PINE CROSSING PROJECT (A RENEWAL AND
RENOVATION DISTRICT).
BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Eagan Economic Development
Authority, Minnesota (the "EDA") as follows:
WHEREAS, the EDA is proposing to establish Southeast Eagan Development District No. 1 and a tax
increment financing district for the Red Pine Crossing project, pursuant to, and in accordance with, Minnesota
Statutes, Sections 469.174 to 469.1799 and Sections 469.090 through 469.1082, inclusive, as amended, in an
effort to encourage the development and redevelopment of certain designated areas within the City;
NOW, THEREFORE BE IT RESOLVED by the Board *as follows:
1. The FDA hereby requests that the Council call for a public hearing on June 6, 2006 to consider the proposed
adoption of a Development Program for Southeast Eagan Development District No. 1 and the proposed
adoption of a Tax Increment Financing Plan for the Red Pine Crossing proj ect (collectively, the "Program and
Plan") and cause notice of said public hearing to be, given as required by law.
2. The EDA directs the Executive Director to transmit copies of the Program and Plan to the Planning
Commission of the City and requests the Planning Commission's written opinion indicating whether the
proposed Program and Plan are in accordance with the Comprehensive Plan of the City, prior to the date of
the public hearing.
3. The Executive Director of the EDA is hereby directed to submit a copy of the Program and Plan to the
Council for its approval.
to the
4. The EDA directs the Executive Director District for the Rransmit the � Pine Croand ssing proj ec�s located not later
ty and the school
district(s) in which Tax Increment Financing
than May 5, 2006.
5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Program and Plan
and related documents and to undertake other actions necessary to bring the Program and Plan before the
Council.
Approved by the Board on April 4, 2006
Chair
ATTEST:
Agenda Memo
Eagan Economic Development Authority Meeting
April 412006
2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH
THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION
OF STEVE MARTIN PROPERTY (FORMER CHILD CARE
CENTER). 3990 SIBLEY MEMORIAL HIGHWAY
ACTION TO BE CONSIDERED: To authorize negotiations for the possible
acquisition of the Steve Martin Property (Former Child Care Center), 3990 Sibley
Memorial Highway as a voluntary sale to the EDA for future redevelopment purposes
FACTS:
• The City has taken steps to bring about the redevelopment of the Cedar Grove
Redevelopment Area, including public improvements, environmental reviews,
comprehensive plan and zoning modifications and the execution of development
agreements that are resulting in the construction of new private development
consistent with the City's plans. At the present time, the,City is working with
Ryland and Schafer Richardson as the master developer, of the core
redevelopment area to initiate the next ,phases of the redevelopment.
• While most property acquisitions in the past have been in anticipation of a
specific redevelopment plan for a portion of the area, the City has also considered
the voluntary acquisition of properties in which there is a willing seller.
• The City has been approached by Steve Martin, owner of the former child care
center property at 3990 Sibley Memorial Highway.
• Staff is requesting authorization from the EDA and City Council to enter into
negotiations with Mr. Martin to purchase the property.
ATTACHMENTS:
• Request letter on page �—
I
i
f
Jon Hohenstein
Community Development Director
3830 Pilot Knob Road
Eagan, MN 55122
Dear Jon,
March 21, 2006
Thank you for taking the time to meet with me last Friday.
I found the information shared by Bob Bauer and you interesting and
informative.
I visited with my wife this past weekend regarding her
interest in our entering negotiations with the City of Eagan. She and I
agreed that we would enter "good faith" negotiations regarding our
property in Eagan.
Therefore I am writing this letter to request the process for
property acquisition at 3990 Sibley Memorial Highway begin.
Thank you for your efforts.
cc: Bob Bauer
Agenda Information Memo
Eagan Economic Development Authority Meeting
April 4, 2006
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED:
To adjourn the Economic Development Authority meeting.
SOUTHEAST EAGAN
Renewal and Renovation TIF District
SUMMARY SPREADSHEET
TIF
6nprowda
Survey Method
Sr. Ares
Cow Area of
Cow m9e
Cwamge
No. of
Building
16%of
Building Cade
Defk�cin
No. of
Buildings 20% of Mete 29%
No. of
buBdi
Meets Subd.
"toa.
Coda N.
P070 Ovmar
Pm pertyAddrass
Vaunt
Used
(SF.J
bnprovemanta
P—t of
bnprovwunts
lywnOty
Buildings
Raplaeamam
coat
R.Pbumant
Cost
(Wo Ener9Y
n
RspisumanI SWumndara
Eaeasding'15%
dafrmined
i
(1) (gU
(S.F-)
(SF.)
Code)
Cost Cdbria
Cdtarm
subatendard
Requirements
2
103180005001 Merrley Land DevNopment Co.
Unesatgned
Vaunt
No Building.
31,86
0
0%
0
3A
10036=2179 Rld Pkl EnlarpMes LLC
Uuntgned
Vacant
No BWkbV.
68.529
14,602
21%
68,529
0
103180004001 Manley Lend Gevalopment Co.
4841 Slowine Avenue
Vaunt
No BuOdngs
38,41
0
0%
0
-
5
103180003001 K"mM Ra Mellon
4861 SbuyneAvmme
Improved
No Buildhge
36,41
32,7110
.85%
3BA14
0
"
6
100360002279 INabrrr and Susan Sdgewk.
640 Gun Club Rued
InVMWd
Interior 8 Exterior
40,12
7,115
18%
40,12
1
$306,000
$45,900
572,210
1 561,200 Yes
1
1
7
103180002001 Theodore Wootl
4881 Bbuy-Avenue
Improved
Interior& Erderier
38,41
12,980
34%
38,41
1
$390,320
$58,548
$59,800
1 $78.064 No
0
1
8
103180001001 Demtlsand JBNyster
4895 Bbuyae Aw w
Impoved
Interior & Exterior
30
28,370
87%
30
1
$492,000
$73,800
SSTA20
1 $98,400 Yes
1
1
TOTALS
265,850
215,711
3
3
2
3
Total Coverage Pence
75.5%
Percent of buildings
exceeding 15 percent
code deficiency threshold
100%
Percent of buidings determined substandard
67%
Percent of buildings meeting Subd.10a. (1) (III) Requirements
100%
MA05Praj1050393L WV4Renwud TIF Summery Spreadsheet 3JOO6ads1Roperly brio
LHB Project No. 050349.10 Page 1 Updated 3/31/2006
REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Southeast Eagan
TIF District
Eagan, Minnesota
LHB Project No. 050393.10
March 31, 2006
Prepared For The
City of Eagan
Prcparcd by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
TABLE OF CONTENTS
Page_
PART 1 Executive Summary...............................................................................3
Purpose of Evaluation.................................................................3
Scopeof Work...........................................................................3
Conclusion.................................................................................4
PART 2 Minnesota Statute 469..174, Subdivision I Oa Requirements .................4
PART 3 Procedures Followed..............................................................................6
PART4 Findings..................................................................................................6
A. Coverage Test......................:.....................................................6
B. Condition of Building Test........................................................8
1. Replacement Cost................................................................8
2. Code Deficiencies.......................:........................................8
3. System Condition Deficiencies............................................9
C. Distribution of Substandard Structures....................................1 I
PART5 Team Credentials.................................................................................12
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 2
PART 1— EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax
Increment Financing Renewal and Renovation District ("TIF District") proposed to be
established by the City. The proposed TIF District is located in the City of Eagan, in a general
area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and
Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the
proposed TIF District meets the statutory requirements for coverage, and whether three
buildings on seven parcels, located within the proposed TIF District, meet the qualifications
required for a Renewal and Renovation District.
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received anon-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LHB are located in Appendix B.
Page 3
�Fo
a
QNB
,y
LANE
fQ
:EEt,.
f4
lu
( 5 f -_4
„K/M�
4IV
,v�..
4
�
J
11-x!
UI
'
ir.�•ri!€IEEEiHI�EiEi!i€`:EIEEEE`;EIEEEIEEE(E'r.EEE�iEIIII
.1'
R €E E MEE iE R E ELIC
11(,
'T
I�I{{ v
(
q{[(MR
CLUB ROAD
,'stin`fiHt.EIMQMH
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received anon-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LHB are located in Appendix B.
Page 3
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District
qualifies as a Renewal and Renovation District.
The remainder of this report describes our process and findings in detail.
PART 2 — MINNESOTA STATUTE 469.174, SUBDIVISION 10a REOUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
"The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property..."
Exterior Inspection and Other Means
"An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the, building is structurally
substandard."
Documentation
"Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(l)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots"
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking lots unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots."
B. Condition of Buildings Test
..."and 20 percent of the buildings are, structurally substandard; and 30 percent of the
other buildings require substantial renovation or clearance to remove existing conditions
such as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
Page 4
buildings not suitable for improvement or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: "For purposes of this subdivision, `structurally
substandard' shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance."
Definition of Substantial Renovation
Because "Substantial renovation" can mean different things to different people, LHB
has attempted to clarify exactly what we consider to be "substantial renovation" as it
relates to Minnesota Statutes, Section 469.174, Subdivision 10(a) (1).
a. First we researched national standards as to how much building owners should
budget for annual maintenance and repair on their buildings as a percentage of
replacement cost of the building. ,
1. According to the University of California "Facilities Renewal Budget
Model" report of 1999, building owners should budget between two and
three percent of current replacement value of their buildings for maintenance
and repair work. This does not include routine janitorial work and routine
items such as changing light bulbs and filters.
2. According to the Building Research Board of the National Research Council,
one and one-half to three percent of a building's replacement value should be
budgeted for maintenance and repair.
b. Based on this information, LHB utilized two and one-half percent as the desired
amount of maintenance and repair that should be budgeted annually to keep a
building in good working condition. We recognize through experience that only
a small percentage of sophisticated building owners actually budget for and
spend this amount of money every year on maintenance and repair. This is
because most business owners are driven .by other budgetary issues and tend to
neglect the building maintenance and repair line items in their annual budgets.
c. By establishing how much a building owner. should be budgeting per year for
maintenance and repairs, LHB is of the opinion that we could more easily
establish an amount that would be considered "substantial" in comparison. If an
owner is budgeting 2.5 percent of the building's replacementcost annually, most
business owners or home owners would have to take out a loan to cover the cost
of a substantial building improvement. Assuming they had a fixed level of
income to work with, they would have to keep the loan payment at a level very
near the original 2.5 percent they should have been budgeting each year. In
Page 5
addition, they still would have to budget for the original 2.5 percent on top pf the
loan. In most cases, the mortgage terms would have to extend out to a point
beyond the life expectancy of the building they were trying to improve, as most
buildings built in the past fifty years are not designed to last beyond 40 years.
d. Based on the calculations described above, we have defined substantial
renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision
10(a)(1), as renovation with costs exceeding 20% of the building's replacement
value.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which states:
"A building is not structurally substandard if itis in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or structural repairs, or other similar reliable
evidence."
"Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence."
PART 3 — PROCEDURES FOLLOWED
A. LHB was able to schedule interior and exterior inspections for all three buildings in the
proposed TIF District. Inspections were conducted on October 13, 2005.
B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related
to the area including this proposed TIF District.
PART 4 FINDINGS
A. Coverage Test
1. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and -site verification.
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from City records, GIS mapping and site
verification.
Page 6
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was met. The total
square footage of parcels meeting the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 75.5 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities or
paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage
requirement for the proposed TIF District under Minnesota Statutes, Section 469.174,
Subdivision 10a (a) (1).
Diagram 2
Shaded area denotes area of parcels "improved" by
buildings, streets, utilities or paved drives or parking lots
Page 7
B. Condition of Building Test
1. Replacement Cost,
The first step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance is to determine its replacement cost.
This is the cost of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2005.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate median replacement cost, which factors in the
costs of construction in Eagan, Minnesota.
Replacement cost includes labor, materials, and the contractor's overhead and profit.
Replacement costs do not include architectural fees, legal fees or other "soft" costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
2. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions for a building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 1.5 percent of the replacement cost of the building. As -a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building
Code as the official code for our evaluations. The Minnesota State Building Code is
actually a series of provisional codes written specifically for Minnesota only
requirements, adoption of several international codes, and amendments to the adopted
international codes.
We chose not to count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns
expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc.
vs. City of Richfield case filed November 13, 2001.
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2005, Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. We were than able to compare the correction costs with the
Page 8
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Three (3) out of three (3) buildings (100 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
3. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be "structurally
substandard" under Minnesota Statutes,' Section '469.174, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on this definition, LHB re-evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substantial renovation or clearance" based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condition deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of "service life" used up for a particular component unless it was an
obvious part of that component's deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of deficiencies would total more than 20
percent of the replacement value of the building'when added to the cost of total code
deficiencies. For example, if a building with a replacement value of 100 thousand
dollars had 17 percent code deficiencies, we would look at the list of system condition
deficiencies and make a professional judgment that the cost of fixing the system
condition deficiencies would be at least $3,000 (3 percent), in order for that building
to be considered substandard.
Finding:
In our professional opinion, two (2) of the three (3) buildings (67 percent) in the
proposed TIF District are structurally substandard to a degree requiring substantial
Page 9
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii).
Subdivision 10a. (a) (1) (iii)
Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings
(i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision .
10a (1), clause (iii) test in which the "other" buildings require substantial renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationships, overcrowding of buildings on the land,
excessive dwelling unit density, obsolete buildings not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation
District exhibit existing conditions warranting renovation or clearance as defined by
Minnesota Statutes Subd. 10a. (1) (iii), described as follows:
As noted above, two buildings (TIF parcel 6 and 8) were found to be
structurally substandard as defined by Minnesota Statutes, Section 469.174,
Subdivsion 10 (b) and (c). The factors under Subdivision 10a (1), clause (iii)
are broader, and include "obsolete buildings not suitable for conversion."
Buildings with deficiencies significant enough to meet the structurally
substandard test are, in effect, buildings that are obsolete and not suitable for.
improvement. Therefore, both buildings found to be substandard in Appendix
A and B also meet the lesser "obsolescence" test of Subdivsion 10a (1), clause
(iii).
TIF Parcel 7 —The code deficiencies in this building exceeded the 15 percent,
criteria for being considered substandard, but the general condition
deficiencies in addition to the code deficiencies did not exceed 20 percent
which was established as our. minimum criteria for a substandard finding.
LHB reviewed City documents, including the 2000 Comprehensive Plan
Update. Originally, the area West of Biscayne (including the parcels in the
proposed TIF District) were guided toward industrial uses, but the 2000
Comprehensive Plan Update changed the guide designation to Retail
Commercial and the zoning to Neighborhood Business. One of the reasons
for the change was the age and condition of the properties, suggesting that
they should not be encouraged to continue as industrial uses. This change in
guide designation and zoning was the culmination of more than 10 years of
discussion regarding the temporary nature of the industrial uses in the area as
Page 10
property around it developed into permanent residential uses, consistent with
their guide designations. The definition of the area as Neighborhood Business
also served the purpose of providing an opportunity for retail and services to
be established in a part of the City that does not currently have them.
Based on our review of the 2000 Comprehensive Plan Update, we find this
parcel to be an obsolete land use incompatible with the guide designation and
zoning for these parcels and the surrounding residential neighborhoods.
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10
and 10a. It is also important to look at the distribution of substandard buildings
throughout the geographic area of the proposed TIF District.
Finding:
Buildings meeting the requirements of Minnesota Statutes, Section 469.174,
Subdivision 10 and 10a are reasonably distributed throughout the geographic area of
the proposed TIF District (Diagram 3).
Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. 10a. (1) (iii)
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA - Project Principal/TIF Analyst
Michael has ,nineteen years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Vice President at LHB and currently leads the Community
Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at
the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning
and Real Estate Development. Michael has served on over 35 committees, boards. and
community task forces, including a term as City Council President and Chair of the
Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner
in Edina, Minnesota. He was one of four architects in the country to receive the National
"Young Architects Citation" from the American Institute of Architects in 1997.
Jerry A. Putnam, AL4, FCSI, CCS — Project Manager/Inspector
Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in
all phases of the architectural process, from pre -design through construction administration,
including specialty consulting in investigations for buildings, building condition surveys, TIF
inspections, code reviews, estimating and specification writing.
Jerry is an active member in the Construction Specification Institute (CSI). He has been
recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In
addition to being past president of the largest CSI chapter in the United States, he serves on
many local, regional and national committees, and has given presentations at many specification
writing classes and workshops.
Bruce Chalupsky, ASLA — GIS/Coverage Analysis
Bruce has more than ten years of experience as a landscape architect/planner. During this time,
he has specialized on site master planning for public and private clients. Bruce has also pursued
specialization in Geographic Information Services (GIS)and is proficient in the administration
of community data and the production of maps for a variety of needs.
M:\OSProj\050393\ADMN\F200\Reports\Renovation and Renewal TIF Final Report 03-31-06.doc
APPENDICES
Appendix A — Property Condition Assessment Summary Sheet
Appendix B — Building Code and Condition Deficiencies Reports
Appendix C - Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 12
APPENDIX A
Property Condition Assessment Summary Sheet
APPENDIX B
Building Code and Condition Deficiencies Reports
APPENDIX C
Property Condition Assessments
Code Deficiency Cost Reports
Photographs
From: CITY ADMINISTRATOR HEDGES
Date: APRIL 3, 2006
Subject: ADDITIONAL INFORMATION FOR APRIL 4 CITY COUNCIL AGENDA
CONSENT AGENDA:
K. Approve Professional Services for Miniature Golf Course
City staff are planning to recommend a change in the process for the design plans and
specifications for the proposed miniature golf course within Cascade Bay. According to the City
Attorney's office, the design build approach is not acceptable and as a result the staff will utilize
either the City's existing engineering services or a mini golf course consultant to prepare the
plans and specifications for the miniature golf course within Cascade Bay. This change should
still allow the course to open this summer.
N. 'Contract 06-02
Attached is a replacement page for page 49 of the packet.
OLD BUSINESS
A. Final Plat and Final Planned Development — Diffley Marketplace
The City Council requested clarification of the County authority relative to platting property.
Enclosed on pagesZ;� through 75"tis a memo from the City Attorney overviewing this
matter.
Enclosed without page number is a copy of e-mails that have been sent to City Council members
regarding the proposed final plat and final planned development.
ECONOMIC DEVELOPMENT AUTHORITY
E. NEW BUSINESS - SOUTHEAST EAGAN — Receive Substandard Condition Report
and Request City Council Call for a Renewal and Renovation District Public Hearing —
Enclosed on pagesWA through thWIs a memo from Ehlers and Associates covering the .
Rev stors application
for the creation of the district and an area map. Enclosed on pages
�CI through is the LHB Substandard Conditions Report.
BID SUMMARY
Denmark Avenue/ Saddlehorn/ Sunset/ Town Centre Drive/ Meadowview/ Alexander Roads
Street & Sidewalk Improvements
City Project No's. 786/ 926/ 933/ 928 - City Contract No. 06-02
Bid Date: Thursday, March 30, 2006 Bid Time: 10:30 a.m.
Contractors Total Base Bid* Alt. #1 Alt. #2 Alt. #3
3) Northwest AsRhalt, Inc $ 1,264,116.85 $8 175 $3,760 $8,155
4) Ace Blacktop Inc $ 1,324,011.23 $7 653 $2,876 $4,909
Feasibility Report Estimate $ 299,700
Percent Under (_) Estimate -28.1%
Engineer's Estimate .$259,040
Percent Under (-) Estimate -16.9%
Proiect 926 - Saddlehorn/ Sunset Street Overlay — Base Bid
Low Base Bid
$ 412,955
Feasibilit� Report Estimate
$ 469,790
Percent Under (-) Estimate
-12.1%
Engineer's Estimate 1$455,180
Percent Under (-) Estimate
-9.3%
Feasibility Report Estimate $ 241,570
Percent Over (+) Estimate +16.6%
Engineer's Estimate $251,760
Percent Over (+) Estimate +11.9%
*Does not includes bid proposals/ estimates for concrete entrance apron work on Meadowview/
Alexander (Proj. 928) not awarded and to be revised via change order or separate contract
Proiect 933-- Town Centre/ Golfview/ O'Leary Overlay Base Bid
Low Base Bid $229,265
Feasibility Report Estimate $ 231,270
Percent Under (-) Estimate -0.1%
Engineer's Estimate $224,700
Percent Over (±} Estimate +2.0%
Alternate Bid 1— Dodd Rd /McFadeens Trail — Valley Gutter
Alternate Bid $9,218
Engineer's Estimate $8,500
Percent Over Estimate8.4%
Alternate Bid 2 — Dodd Rd — Dakota Electric Substation Driveway
Alternate Bid $4,022
Engineer's Estimate -12 ,500
Percent Over Estimate 15.2%
Alternate Bid 3 — Lexington Ave. Cad Railroad Tracks
Alternate Bid $7,378
Engineer's Estimate $6,600
Percent Over Estimate 10.5%
DRAFT - 3.28.06
zw-
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: Tom Hedges, City Administrator
FROM: Michael G. Dougherty, City Attorney
DATE: March 28, 2006
RE: Diffley Marketplace — County Action
Our File No. 206-23893
In response to your inquiry, the following is my analysis of the situation governing the Diffley
Marketplace proposal.
EXISTING CONDITIONS
• Development consists of two parcels; one with accesses to Diffley Road and Patrick
Road, and the other with access to Daniel Drive
• Dakota County manages Diffley Road and the access thereto; City of Eagan manages
Daniel Drive and access thereto
• Developer proposes to replat both parcels into one lot; Proposed plat includes an
easement dedicated to Dakota County restricting access to Diffley Road to an entrance of
60 feet at one location. No similar easement exists in favor of the City with respect to
Daniel Drive.
ANALYSIS
1. County's Role in Plat Approval. Preliminary plats are to be submitted by the City to
the County Engineer for written comments and recommendations. The Engineer's review is
limited to factors of County significance in conformance with County Guidelines. The County
Guidelines must provide for development and redevelopment scenarios, allow for variances and
reflect consideration of any City guidelines. Written comments from the Engineer must state
whether the plat meets the County Guidelines and describe any modification necessary to bring
the plat into conformity with the Guidelines. Failure to obtain the written comments and.
recommendations of the Engineer in no manner affects the platting of the property. In the event
the City does not amend the plat to conform to the Engineer's recommendations, representatives
Hedges
March 28, 2006
Page 2
from the County and City shall meet to discuss the differences and determine whether changes to
the plat are appropriate prior to final approval.
Can the County impose conditions to the approval of a plat? I find no legal authority that
grants the County any authority to require dedications, exactions or conditions to its approval of
plats (e.g. access restrictions). While I am aware that there is a 1970 law that grants Dakota
County Board the authorization to approve plats, there is nothing within the law that addresses
dedications or conditions.
What standard must the County exercise in its plat approval decisions? The County Board's
decision must not be 'arbitrary and capricious. In other words, it must have a rational basis
related to promoting public health, safety and general welfare.
What is the City's role with respect to plat approval? Preliminary plats must be submitted to
the City. The City may employ a qualified person to check and verify the surveys and plat and to
determine the suitability of the plat from the standpoint of community planning. If the proposed
plat abuts a County road, the City is required to submit the same to the County Engineer for
written comments and recommendations. Following City approval of a preliminary plat, the City
shall submit to the County Board notice of itsapproval along with a statement addressing the
disposition of any comments or recommendations made by the County Engineer. In the event
that the City did not amend the plat to conform to the recommendations, representatives from the
County and City shall meet to discuss the differences. The law does not address the effects of a
continued disagreement. However, the statute does state that the time period for approval
continues to run and there is a presumption of approval if not acted upon within the time frame
(120 days from preliminary plats and 60 days for final plat).
What standard must the City exercise in its plat approval decision? As noted with respect to
the County, the City cannot be arbitrary or capricious.
Can the County remove the Diffley access as part of the plat approval? As noted, I am
unaware of any authority for the County being able to place conditions on the plat approval.
Similarly, absent the planned development process, the City would not be able to remove the
access to Daniel Drive. However, since the proposal is part of a planned development district,
the City retains the right to remove or modify the Daniel Drive access as part of its zoning
requirement.
Can the County require the City to provide full access to Daniel Drive as a condition of
approving a full or % access on Diffley Road? The answer to this question needs to be
clarified as being distinct from the discussion of plat approvals. As stated above, the County can
not require such action in connection with a plat approval, nor could it require the developer or
City to install a right turn lane or medians within Diffley Road. However, the County "may"
condition a variance approval . if such condition is consistent with State statute and County
Guideline and is further rationally related to mitigating the consequences of the granting of the
variance.
Hedges
March 28, 2006
Page 3
As noted, the County manages Diffley Road. The County's desire for a signalized intersection
(or a % intersection, etc.) is solely a decision it can choose to implement when it has appropriate
funding. In short, a decision to grant a % intersection today would not foreclose the County's
opportunity to place a median in lieu thereof sometime in the future. Similarly, the opening of a
full access to Daniel Drive today would not foreclose a future city council from placing a median
in Daniel Drive to foreclose left-hand turns from the development.
What legal issues presently need to be addressed? As discussed earlier, the County Engineer's
comments with respect to the plat should be limited to whether the Diffley access is at the right
location. The plat is simply one lot and does not include any right of way. To the extent that the
County wishes to modify Diffley Road to meet the County's needs, it may do so now or
whenever it chooses. 'I am unaware of any legal basis .for requiring the City or developer to
make access modifications, and therefore approval of the plat should not be an issue.
In the area of the access to Daniel Drive and the request for a variance to the County's spacing
guidelines, those decisions rest with the City. Council.. A decision by the County Board on the
variance request needs to be rationally based and supported by the facts. Assuming that the
board approves the request with the condition of full access to Daniel Drive, and the City
disagrees with the County's actions, the Council may appeal the Board's decision. Otherwise, if
the City is receptive to the County's conditions, it may so act upon the access to Daniel Drive as
part of the planned development.
Irrespective of the variance request, the ultimate access to Daniel Drive is within the City's
purview as a result of the planned development and site plan approval. Again, so long as the
City's decision is not arbitrary and capricious, it will be upheld. The development is entitled to
reasonable and convenient access. Even without an access to Daniel Drive, the property would
be served by accesses to Diffley and to Lexington Avenue.
Finally, I note that improvements made to a Dakota County road usually require participation of
the host city. To the extent that accommodation cannot be reached between the County, City and
developer as to the type of access to Diffley Road from the development, an important discussion
may be required as to how and when the funds are available for the type of improvements
anticipated for Diffley Road, including signalization.
MGD/i It
0
To: Gene Van Overbeke, City of Eagan
O
0 Jon Hohenstein, City of Eagan
W From: Rebecca Kurtz, Ehlers & Associates
I Date: March 28, 2006
Subject: " Red Pine Crossing Redevelopment Project
EHLERS
& ASSOCIATES INC
Enclosed is the application for the proposed renewal and renovation tax increment financing
district for the Red Pine Crossing development. The packet includes the following
information:
Letter from Revestors requesting TIF assistance
Application form
Memo from the Developer including information on the proposed project and the need for
assistance
Map showing the parcels in the proposed development
Drawings showing the proposed site plan and buildings
Schedule of events for the establishment of the TIF District
Resolution for the EDA to request the City Council to set a public hearing date
I will forward LHB's report regarding the substandard conditions as soon as I receive it.
I have not included the proforma and financial information that Ehlers has received from
Revestors. They have requested that this information not be made public. As the City moves
forward with the establishment. of the TIF District, Ehlers will provide an analysis and
summary showing the need for assistance and the But For Test for the TIF District.
If you have questions or need additional information, please do not hesitate to contact me at
651-697-8516.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-851(
Roseville, MN 55113-1105 rkurtz@ehlers-inc.com
CITY OF EAGAN
Application for Business Assistance Financing
GENERAL INFORMATION:
Business Name: Revestors Realty, LLC Date:
Address: 3000 County Road 42 West, Ste. 300, Burnsville, MN 55337
Type (Partnership, etc.): LLC
3/28/2006
Authorized Representative: Tim Anderson Phone: 952-895-6111
Description of Business: Redevelopment project for commercial use
FINANCIAL BACKGROUND:
1. Have you ever filed for bankruptcy? No
2. Have you ever defaulted on any loan commitment?
No
3. Have you ever used Business Assistance Financing before? Yes.
If yes, what, where and when? Office building in the City of Burnsville, MN
PROJECT INFORMATION:
1. Location of Proposed Project: Property bordered by Red Pine Lane, Biscayne Lane, Gun
Club Road, and State Highway 3 in the City of Eagan
2. Amount of Business Assistance requested? $330,000 annually
Demolition, Site acquisition (for land premium), Land
3. Need for Business Assistance: holding costs, Site improvements and Administration fees.
4. Present ownership of site: Revestors Realty, LLC
1 Z�
5. Number of permanent jobs created as a result of project? TBD
Phase 1 est. $19 million;
6. Market value of project following completion: Est. $25 million after completion of Phase 2
7. Anticipated start date: Spring 2006 Completion Date: Phase 1: Summer 2007
FINANCIAL INFORMATION:
1. Estimated project related costs:
a. land acquisition $ 2,100,000
b. site development 500,000
C. building cost 12,350,000
e. architecturaVengineering fee 350,000
PLEASE INCLUDE:
1. A map showing the exact boundaries of proposed development.
2. Statement of property ownership or control.
3. Plans and drawing of project.
4. Background material of company.
5. A statement identifying how the assistance will be used and why it is necessary to undertake the
project.
6. Pro Forma analysis — Information provided directly to Ehlers & Associates
7. Financial statements — Information will be provided directly to Ehlers & Associates
8. Payment of application fee
JUSTORICAL REVIEW
On March 25, 2005 Revestors signed a purchase agreement for 8.55 acres (372,450 square feet) from Red
fine Enterprises, LLC (Oberg) for $1,300,000 or $3.50 per square foot. The sellers indicated that the
adjacent parcel might be available for purchase. We attempted to negotiate with the owner (Schoenecker)
by offering to purchase the .99 acre site (43,125 square foot) property for $150,000 ($3.50 per square foot),
the value of the land only. On April 21, 2005 Schoenecker rejected out offers and proceeded in his attempt
to sell his property to some other potential party with an asking price of $330,000. We then attended five
meetings between our development team and Eagan staff during May and June (5/9, 5/16, 5/17, 6/1, &z
6115) with the developer attempting to create a vision and plan for the 8.55 acre site that would be desirable
for the community, attractive to potential tenants and supported by the city. By June 29, 2005 our
assessment was that a solid relationship was developing between all parties to the transaction and we were
confident that a high quality project would be advanced so on that date we closed the purchase of the Oberg
land.. On the following day, June 30, 2005 we once again met with Eagan staff to prepare for a meeting
with two Eagan Finance Team members together with other staff and both developers (Revestors and
Manley). This meeting occurred on July 5, 2005 where a decision was reached for both developers to
voluntarily delay there independent plans for individual adjacent parcels to provide time to investigate a
master plan for the entire parcel. This meeting resulted in a predevelopment agreement with the developers
requested to fund the estimated cost ($20,0011) of researching the possibilities. Revestors deposited their
share of the requested deposit ($16,800) on August 12, 2005, When Manley decided against making their
share of the deposit, Revestors contributed the balance of the deposit ($3,200) on August 31, 2005. As
progress continued to develop on a master plan for time entire project we were encouraged to contact
Schoenecker to engage in a second attempt to negotiate the purchase of his land. The belief was that by
purchasing his land we would be We to move some of the wetlands, provide water filtration and retention
for the entire development, add 10,000 rentable square feet to the phase I buildings, allow the city to vacate
most of the road that only served the Schoenecker parcel and clean up the site by removing the existing old
building. It was stated that this purchase by Revestors would not negatively affect the consideration of a
redevelopment district by the city but rather would enhance and protect those options. On Omber 6, 2005
we initiated another round of negotiating with Schoenecker which resulted in a purchase agreement to
acquire his project for $300,000 indicating that it would dost an additional $30,000 to remove the building.
The result of this purchase is that we would spend $330,000 to acquire a property that would have a
resulting.value of $150,000 if valued equal to the Oberg site. On December 22, 2005 we deposited $5,100
with the city together with our city submittal for the phase I project. We attempted to close the
Schoenecker purchase on December 29, 2005 but it was temporarily delayed to cleat up a minor title issue.
Meetings have continued with the architect, general contractor, owners, developers and the city staff. In
addition to these regular meetings additional meetings have taken place with outside special consultants to
advance the direction the entire team supported. On January 23, 2006 we met with representatives from
Ehlers to help us understand the redevelopment process which included a request for specific information
they needed to support their research. This requested information was supplied to Ehlers on February 3,
2006. The information that was supplied resulted in a meeting on February 21, 2006 with Ehlers, city staff
members, the city attorney and our development team members. The information shared at that meeting
left our development team totally confused with a contrast between the information requested on January
23, 2006 and the conclusions offered on February 21, 2006. The information provided with this historical
review is our attempt to cooperate with a new. understanding that developed at this last meeting.
RESPONSE
The goal of the new questions seems to be an attempt to determine the difference between the cost of —
acquiring the additional acreage including the cost of returning the site to the condition of undeveloped land
and the value of the resulting undeveloped land.
2Wi1�
We have not been negotiating with Hyster, Wood, or Mellon and therefore have no valid way of forecasting
the potential purchase price. Perhaps legal counsel for the city has an estimate for you to use, Our position
is that the Hyster, Wood and Mellon properties are not more valuable than the Schoenecker property which
was purchased for $300,000.
ik
Schoeneeker
Agam Site Sau= no tape
.99 acres 43,125 square feet
r
$300,000
Da=fifion
$30,000
1 -at 1 Cost
$330,000
Hyster
.70 acres 30,5010 square feet
$ 7
$25,000
$ 7
Wood
.88 acres 38,350 square fee
$ 7
$25,000
$'
Mellon
.SS acres 38,3.50 square fee
$ 7
$ 7
$ 7
We see two different ways the value of the resulting land could be determined.
1. The value of the purchase of the Oberg land ($3.50 per square foot)
2. The value of the purchase of the Oberg land plus land purchase commissions and fees ($4.90
per square foot)
It is clear fiom this analysis, and consistent with otir belief, that an undeveloped laud value of not more than
$5.00 ptr square foot should be applied
Cast-OfAgguiring.Plus Demoli ' n
Schoenecker $330,000
Hyster $ ?
Wood $ 7
Mellon $ ?
Total
CONCLUSION
io# L Intl Value ,s
DiC
$215,000 - - $115,000
$152,500 $ ?
$191,500 $ 7
$41,500 $ 7
$750,000
We would be willing to purchase and cash flow the four additional sites (3.45 acres) for up to $5.00 per
square foot or up to a total of $750,000, and proceed with phase 11 when available. We are not interested in
cash flawingor purchasing additional land above these values. If the city has an interest in paying higher
prices and a vehicle for cash flowing and being reimbursed for the difference between the actual costs and
the $5.00 per square foot we would pay for the land, then we should proceed with this option.
We also believe you should consider these additional costs that have already been incurred or will likely be
incurred if this expanded plan advances.
1. The $20,000 predevelopment fee to research this option
2. The additional architectural design fees to plan a phase 11 option
3. The holding costs for delaying the phase I project
4. The current estimate of up to $400,000 to expand lied Pine Lane due to higher traffic counts
from a larger project .
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REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Southeast Eagan
TIF District
Eagan, Minnesota
LHB Project No. 05 03 93. 10
March 31, 2006
Prepared For The
City of Eagan
Prepared by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
2/9G
TABLE OF CONTENTS
Page
PART 1 Executive Summary ...............................................................................3
Purposeof Evaluation................................................................3
Scopeof Work..........................................................................3
Conclusion.................................................................................4
PART 2 Minnesota Statute 469.174, Subdivision 10a Requirements .................4
PART3 Procedures Followed..............................................................................6
PART4 Findings...........................................................:......................................6
A. Coverage Test..................................:.........................................6
B. Condition of Building Test........................................................8
1. Replacement Cost................................................................8
2. Code Deficiencies................................................................8
3. System Condition Deficiencies......................:.....................9
C. Distribution of Substandard Structures....................................11
PART 5 Team Credentials.................................................................................12
APPENDIX A Property.Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 2
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PART 1— EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax
Increment Financing Renewal and Renovation District ("TIF District") proposed to be
established by the City. The proposed TIF District is located in the City of Eagan, in a general
area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and
Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the
proposed TIF District meets the statutory requirements for coverage, and whether three
buildings on seven parcels, located within the proposed TIF District, meet the qualifications
required for a Renewal and Renovation District.
Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received an on-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LBB are located in Appendix B.
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Diagram 1— Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received an on-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LBB are located in Appendix B.
Page 3
21q 37
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District
qualifies as a Renewal and Renovation District.
The remainder of this report describes our process and findings in detail.
PART 2 — MINNESOTA STATUTE 469.174, SUBDIVISION 10a REOUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
"The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property..."
Exterior Inspection and Other Means
"An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the building is structurally
substandard."
Documentation
"Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(1)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots"
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking .lots. unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots."
B. Condition of Buildings Test
..."and 20 percent, of the buildings are structurally substandard; and 30 percent of the
other buildings require substantial renovation or clearance to remove existing conditions
such as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
Page 4
buildings not suitable ,for improvement or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: "For purposes of this subdivision, `structurally
substandard' shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.."
Definition of Substantial Renovation
Because "Substantial renovation" can mean different things to different people, LHB
has attempted to clarify exactly what we consider to be "substantial renovation" as it
relates to Minnesota Statutes, Section. 469.174, Subdivision 10(a) (1).
a. First we researched national standards as to how much building owners should
budget for annual maintenance and repair on their buildings as'a percentage of
replacement cost of the building.
1. According to the University of California "Facilities Renewal Budget
Model" report of 1999, building owners should budget between two and
three percent of current replacement value of their buildings for maintenance
and repair work. This does not include routine janitorial work and routine
items such as changing light bulbs and filters.
2. According to the Building Research Board of the National Research Council,
one and one-half to three percent of a building's replacement value should be
budgeted for maintenance and repair.
b. Based on this information, LHB utilized two and one-half percent as the desired
amount of maintenance and repair that should be budgeted annually to keep a
building in good working condition. We recognize through experience that only
a small percentage of sophisticated building owners actually budget for and
spend this amount of money every year on maintenance and repair. This is
because most business owners are driven by other budgetary issues and tend to
neglect the building maintenance and repair line items in their annual budgets.
c. By establishing how much a building owner should be budgeting per year for
maintenance and repairs, LHB is of the opinion that we could more easily
establish an amount that would be considered "substantial" in comparison. If an
owner is budgeting 2.5 percent of the building's replacement cost annually, most
business owners or home owners would have to take out a loan to cover the cost
of a substantial building improvement. Assuming they had a fixed level of
income to work with, they would have to keep the loan payment at a level very
near the original 2.5 percent they should have been budgeting each year. In
Page 5
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addition, they still would have to budget for the original 2.5 percent on top of the
loan. In most cases, the mortgage terms would have to extend out to a point
beyond the life expectancy of the building they were trying to improve, as most
buildings built in the past fifty years are not designed to last beyond 40 years.
d. Based on the calculations described above, we have defined substantial
renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision
10(a)(1), as renovation with costs exceeding 20% of the building's replacement
value.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which. states:
"A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or ,structural repairs, or other similar- reliable
evidence."
"Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police. inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence."
PART 3 — PROCEDURES FOLLOWED
A. LHB was able to schedule interior and exterior inspections for all three buildings in the
proposed TIF District. Inspections were conducted on October 13, 2005.
B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related
to the area including this proposed TIF District.
PART 4 — FINDINGS
A. Coverage Test
1. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and site verification.
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from. City records, GIS mapping and site
verification.
Page 6
21 9 to,
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was met. The total
square footage of parcels meeting the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 75.5 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities or
paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage
requirement for the proposed TIF District under Minnesota Statutes, Section 469.174,
Subdivision 10a (a) (1).
Diagram 2
Shaded area denotes area of parcels "improved" by
buildings, streets, utilities or paved drives or parking lots
Page 7
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B. Condition of Building Test
1. Replacement Cost
The first step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance, is to determine its replacement cost.
This is the cost 'of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2005.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate ,median replacement cost, which factors in the
costs of construction in.Eagan, Minnesota.
Replacement cost includes labor, materials, and the contractor's overhead and profit.
Replacement costs do not include architectural fees, legal fees or other "soft" costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
2. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions fora building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 15 percent of the replacement cost of the building. As a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building
Code as the official code for our evaluations. The Minnesota State Building Code is
actually a series of provisional codes written specifically for Minnesota only
requirements, adoption of several international codes, and amendments to the adopted
international codes.
We chose not to count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns
expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc.
vs. City of Richfield case filed November 13, 2001.
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2005, Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. 'We were than able to compare the correction costs with the
Page 8
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Three (3) out of three (3) buildings (100 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
3. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be "structurally
substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on this definition, LHB re-evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substantial renovation or clearance" based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condition deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of "service life" used up for a particular component unless it was an
obvious part of that component's deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of deficiencies would total more than 20
percent of the replacement value of the building when added to the cost of total code
deficiencies. For example, if a building with a replacement value of 100 thousand
dollars had 17 percent code deficiencies, we would look at the list of system condition
deficiencies and make a professional judgment that the cost of fixing the system
condition deficiencies would be at least $3,000 (3 percent), in order for that building
to be considered substandard.
Finding:
In our professional opinion, two (2)
proposed TIF District are structurally
Page 9
of the three (3) buildings (67 percent) in the
substandard to a degree requiring substantial
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii).
Subdivision 10a. (a) (1) (iii)
Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings
(i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision
10a (1), clause (iii) test in which the "other" buildings require substantial renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationships, overcrowding of buildings on the land,
excessive dwelling unit density, obsolete buildings not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation
District exhibit existing conditions warranting renovation or clearance as defined by
Minnesota Statutes Subd. 10a. (1) (iii), described as follows:
• As noted above, two buildings (TIF parcel 6 and 8) were found to be
structurally substandard as defined by Minnesota Statutes, Section 469.174,
Subdivsion 10 (b) and (c). The factors under Subdivision 10a (1), clause (iii)
are broader, and include "obsolete buildings not suitable for conversion."
Buildings with deficiencies significant enough to meet the structurally
substandard test are, in effect, buildings that are obsolete and not suitable for
improvement. Therefore, both buildings found to be substandard in Appendix
A and B also meet the lesser "obsolescence" test of Subdivsion 10a (1), clause
(iii).
• TIF Parcel 7 —The code deficiencies in this building exceeded the 15 percent
criteria for being considered substandard, but the general condition
.deficiencies in addition to the code deficiencies did not exceed 20 percent
which was established as our minimum criteria for a substandard finding.
LHB reviewed City documents, including the 2000 Comprehensive Plan
Update. Originally, the area West of Biscayne (including the parcels in the
proposed TIF District) were guided toward industrial uses, but the 2000
Comprehensive Plan Update changed the guide designation to Retail
Commercial and the zoning to Neighborhood Business. One of the reasons
for the change was the age and condition of the properties, suggesting that
they should not be encouraged to continue as industrial uses. This change in
guide designation and zoning was the culmination of more than 10 years of
discussion regarding the temporary nature. of the industrial uses in the area as
Page 10
20 P
property around it developed into permanent residential uses, consistent with
their guide designations. The definition of the area as Neighborhood Business
also served the.purpose of providing an opportunity for retail and. services to
be established in a part of the City that does not currently have them.
Based on our review of the 2000 Comprehensive Plan Update, we find this
parcel to be an obsolete land use incompatible with the guide designation and
zoning for these parcels and the surrounding residential neighborhoods.
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10
and 10a. It is also important to look at the distribution of substandard buildings
throughout the geographic area of the proposed TIF District.
Finding:
Buildings meeting the requirements of Minnesota Statutes, Section 469.174,
Subdivision 10 and 10a are reasonably distributed throughout the geographic area of
the proposed TIF District (Diagram 3).
Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. IOa. (1) (iii)
Page 11
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Diagram 3 — Distribution of Substandard Structures
Light Shading — Structurally Substandard Building
Dark shading — Other Conditions warranting renovation or clearance (Subd. IOa. (1) (iii)
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AL4 -Project PrincipalUTIFAnalyst
Michael has nineteen years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Vice President at LHB and currently leads the Community
Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at
the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning
and Real Estate Development. Michael has served on over 35 committees, boards and
community task forces, including a term as City Council President and Chair of the
Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner
in Edina, Minnesota. He was one of four architects in the country to receive the National
"Young Architects Citation" from the American Institute of Architects in 1997.
Jerry A. Putnam,, AL4, FCSI, CCS — Project Manager/Inspector
Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in
all phases of the architectural process, from pre -design through construction administration,
including specialty consulting in investigations for buildings, building condition surveys, TIF
inspections, code reviews, estimating and specification writing.
Jerry is an active member in the Construction Specification Institute (CSI). He has been
recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In
addition to being past president of the largest CSI chapter in the United States, he serves on
many local, regional and national committees, and has given presentations at many specification
writing classes and workshops.
Bruce Chalupsky, ASLA — GIS/Coverage Analysis
Bruce has more than ten years of experience as a landscape architect/planner. During this time,
he has specialized on site master planning for public and private clients. Bruce has also pursued
specialization in Geographic Information Services (GIS) and is proficient in the administration
of community data and the production of maps for a variety of needs.
M:\05Proj\050393\ADMN\F200\Reports\Renovation and Renewal TIF Final Report 03-31-06.doc
APPENDICES
Appendix A — Property Condition Assessment Summary Sheet
Appendix B — Building Code and Condition Deficiencies Reports
Appendix C - Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 12
Z19 IR
APPENDIX A
Property Condition Assessment Summary Sheet
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SOUTHEAST EAGAN -
Renewal and Renovation TIF District
SUMMARY SPREADSHEET
9131rmo6 -
M.%Wm 10503A11SmvXReneeel TIF Summary Spreadsheet 3.304GAsTroperly Ida
LHB Project No. 050349.10 Page 1 Updated 3/312006
Coverage Am of
Coverage
Coverage Na
Budding
16%ot
u".gldae
Bandung. 20%of Neets 20%
Mr' t
Meets Sub&
T�
RDe oemer
PropartyAadro.a
Improved ar
Survey Method
SRO Area
imgovwoerds
Percent
oY
aumeey BuOdbrgs
Raptaeaemt
1 Energy
EsemNM+6% herd saWlamlBN
dat"Ined
,girnl®)
Cada Nn
Vacant
Used
( .)
W,)
mwmv-m"
(SF-)
Cmt
Cost
�y
CIR ft Cat C"Wa
substandard
�uiremerds
2
103180005W1 Mmday land Development Co..
Unassigned
Vatem
No Sulc ings
31.08
0
0%
0
3A
100360002179 Red Pine Emmpdsea LLC
Unutlgned
Vacant
No BuNngs
68.
14,802
21%
68.52 0
4
103180004001 Maidey laW Dovdopmant Ca
4841 Biscayne Avenue
Vacant
No Buidrip
38,41
0
0%
0
5
103180003001 Kevm and ROa Mdm
851 Biacayno Avenue
Improved
No Suldngs02.0.850
7
32,780
85%
38,47 0
6
100380002279 and Susan Stlroerrodca
640 Qm Club RoW
Improved
Interior 6 Extedor
7,775
18%
40,1 1
$308,000
845,90D
$72,210
1 861,200 Yea
1
1
7
703180002001 Theodora wood
4861 Biscayne Avenue
Improved
Intedor d, Extedor1
12,980
34%
38,41 1
8390,320
858,548
859,800
1 878,08q No
0
1
8
10318DW1001 Dennie and 10 Hyater
885 Biscayne Avenue
Improved
Irdedar 6 BdWor
26,370
67%
30,2 1
8492,000
$73,800
867.420
1 880.400 Yee
1
1
TOTALS
215,771 3
3
2
3
Total Coverage Percen
75:5%
Percent of buildings exceeding 15 percent code deficiency threshol
100%
Percent
of buldings detemdned substandard
67%
Percent of buildings meeting Subd.10a. (1) (Ili) Requiremen
100%
M.%Wm 10503A11SmvXReneeel TIF Summary Spreadsheet 3.304GAsTroperly Ida
LHB Project No. 050349.10 Page 1 Updated 3/312006
APPENDIX B
Building Code and Condition Deficiencies Reports
APPENDIX C
Property Condition Assessments
Code Deficiency Cost Reports
Photographs
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city of .•.
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 3, 2006
SUBJECT: ADMINISTRATIVE AGENDA
CITY ATTORNEY
MEMO
There will be an Executive Session to review strategies for the City's litigation with MAC.
.CITY ADMINISTRATOR
There are no items at this time.
PUBLIC WORKS
There are no items at this time.
COMMUNITY DEVELOPMENT
1. RECEIVE PETITION AND DIRECT CITY STAFF TO REQUEST FORMAL
APPLICATION FOR HOUSING IMPROVEMENT DISTRICT
CONSIDERATION, CEDAR BLUFFS HOMEOWNERS ASSOCIATION
ACTION TO BE CONSIDERED: To receive a petition from the Cedar Bluffs Homeowners
Association and Direct City Staff to Request Formal Application for Housing Improvement
District Consideration for their property.
FACTS:
➢ In August 2005, the City Council was approached by the Cedar Bluffs Homeowners
Association regarding the potential creation of a City policy for the creation of Housing
Improvement Districts, which permit homeowners associations to work with cities to
finance improvements to common areas that cannot be financed by other means.
➢ In response, the City Council adopted a policy on September 20, 2005 that would permit
consideration of petitions and the process by which applications would be reviewed.
➢ The Cedar Bluffs Homeowners Association, which includes 120 units on approximately
11.4 acres, has submitted a preliminary application and petition. The preliminary
application is consistent with the intent of the Housing Improvement Area policy in that:
o The proposed improvements address several policy goals concerning the
preservation of housing stock as stated below.
o The physical improvements meet the policy guidelines in that they are restricted to
common areas, are primarily exterior improvements, are integral to the operation
of the project and are of a permanent nature.
o The association has addressed the basic policy criteria demonstrating that HIA
financial assistance is last resort financing. Cedar Bluffs has provided
documentation showing that the improvements cannot be paid with existing
funds; several letters of denial by lenders have also been provided.
o The association has met the petition requirement by submitting petitions from
51% of property owners requesting a Housing Improvement Area be established.
➢ Although only a proposal, the Cedar Bluffs Housing Improvement Area is consistent with
the City's adopted policy in that:
o It will promote neighborhood stabilization and revitalization by the removal of
blight and/or upgrading of the existing housing stock in the neighborhood.
o It will likely increase property values and therefore increase the tax base of the
City in order to ensure the long-term ability of the City to provide adequate
services for its residents.
o Due to increased property values and a proposed amendment to the Association's
Declaration prohibiting resale to investors, it will stabilize and/or increase the
owner -occupancy level within the neighborhood.
➢ The proposed improvements are specific to common areas and include:
o Replacement of 480 window units
o Replacement of concrete aprons located on the front side of all 20 buildings
o Repair of foundation block on 20 buildings, as necessary
o Replacement of concrete pool deck
o Replacement of fence around pool area
➢ The estimated loan amount for these improvements is $750,000.
➢ The next phase of the review is a formal submittal of improvement plans, detailed
financial plans and a fee to cover City costs associated with the detailed review.
➢ This action item is a checkpoint for the City Council to authorize the request for the
formal application and to permit staff to notice and schedule a public hearing for the
consideration of a district when the review is completed.
ATTACHMENTS:
➢ Preliminary Application Form and sample Petition on pages through
➢ The complete Preliminary Application is available in Community Development if
desired.
➢ Location map on page
224
Item 2. Redevelopment District Update — Staff is providing regular updates to the City
Council regarding the City's redevelopment districts as a part of each administrative agenda. In
addition to the information enclosed on pages through , staff will be available to
provide comments or respond to questions relative to the redevelopment projects at Tuesday's
meeting.
Item 3. Development / Construction Activity — Per the Council's request, Community
Development staff will provide bi-weekly updates of larger development and construction
activity. The current update is enclosed on page
City of Eagan
RE (0 RE 0 W [E.0
DEC E 0 2005
PRELIMINARY APPLICATION
HOUSING EM PROVEMENT AREA FINANCING
Legal Name of Association: Cedar Bluff Townhome Condominium Association
Mailing Address: 15350 25' Avenue North, Suite 108 Plymouth, MN 55447
Name of Contact Person: Jim. Rosvold, 612-3864959
Name of Management Firm/Agent (if different than contact person)
David Stendal, Association Manager Phone 763-449-9100x102
Legal Description of the Project Site: Lot 12 except the South 824.40 feet thereof and all of Lot
11, Block 1, Robert Karatz Addition. Dakota County, Minnesota.
REQUESTED INFORMATION
Addendum shall be attached hereto addressing in detail the following:
1. Give a generaldescription of the project.
2. Explain how the project will meet the goals of the City council as identified in Section II
of the City Eagan Housing Improvement Area Policy.
3. Provide a proposed timeline for the project including the dates of membership meetings
to discuss a project, submittal of required petitions, public hearings, construction start,
submission of first draw request and project completion.
4. List, of improvements and estimated project budget.
5. Explain why Housing Improvement Area financing is necessary to undertake the project.
Attach any documentation regarding efforts to secure private financing.
City of Eagan
22�
6. Explain the process used to determine the scope of the proposed project and the desire for
IRA financing among the association members. Provide any documentation regarding
owner meetings discussing project.
Attach a copy of the following:
Association Bylaws
Audited financial statements for the last two years
[ Association Financial Plan which identifies how both maintenance and operation of the
common elements will be paid for and a long-range plan to conduct and finance capital
improvements work rn pf''`oll - or-vtr-rof I tvdi,F clthch'ed
What is the proposed term of the EIA? 20 Years.
How do you propose the fee to be charged to the affected property owners?
X Equally among all properties
Other: for example -based on unit size, percent interest in association or value.
If Other, please identify:
Amount of loan anticipated: $750,000 available, project capital
Are there any properties within the MA which should be exempt from the fee? No
If Yes, please explain:
REQUIREMENTS FOR HOUSING E"ROVEMENT AREA (MA) FINANCING
To apply for HIA financing, the owners within the association must agree to the following:
1. Must use City's choice of Bond Counsel and Financial Advisor(s).
2. Disbursements of bond/loan proceeds must be made through an escrow agent to be
selected by the City of Eagan.
3. Payment of an administrative fee to the City of one half percent of the bond issue (if City
issues bonds) or flat fee of $5,000, which ever is greater.
4. City staff or its agents will review the performance and level of outstanding debt of
previous RIAs before recommending the approval of additional MA debt.
5. The bond (s) shall be for an issue not less than $250,000, other City sources may be used,
and the City determines if bonds are to be used
City of Eagan % 2
By signing this application hereby agree to the following:
1. I have read and will abide by all the requirements of the City for taxable bond financing.
I will also commit all contractors, subcontractors, and any other major contributors to the
project to all segments applicable to them.
2. The above information is true and correct.
3. The Association will pay all costs involved in the legal and fiscal review of this project.
These costs include the Bond Counsel, Financial Advisor and City Attorney, and all costs
involved in the issuance of the bonds to finance the project
4. I understand that the City re
preliminary approval of the
Signature of Representative
the right to deny final approval, regardless of
City of Eagan 3
22.05
Item 1: General Description of Project:
a. Replacement of 480 window units with vinyl slider replacement windows in existing jams,
including removal and disposal of old window sashes.
b. Replacement of concrete aprons located on the front side of all 20 buildings. Repair of
foundation block on 20 buildings as necessary.
C. Replacement of concrete pool deck
d. Replacement of fence around pool area.
Item 2: Explain how the project will meet the goals of the City council as identified in Section II
of the City Eagan Housing Improvement Area Policy:
The project will address goals A, D, and E:
Goal A: The Cedar Bluff project will prevent the existing housing stock from falling into blight
and the replacement windows will give the property an upgraded look.
Goal D: The project will likely increase property values, thus increasing the Cities' tax base.
Goal E: The increased property values as well as an Amendment to our Declaration prohibiting
resale to investors will promote high owner -occupancy levels.
Item 3: Provide a proposed timeline for the project including the dates of membership meetings
to discuss a project, submittal of required petitions, public hearings, construction start,.
submission of first draw request and project completion.
Summer 2005: Met with City Officials to discuss creation of HIA
September 20, 2005: Letter sent to Homeowners outlining HIA project
September 22, 2005: Annual Meeting of HOA where HIA project was discussed
September — October 2005: Collection of petitions from Homeowners
December 2005: Submit HRA Application to City of Eagan
January 2006: Required Public Hearing
February 2006: 45 day comment period ends. HIA ordinance becomes effective. Submission of
first draw request
March 2006: Window replacement begins.
April 2006: Window replacement ends. Concrete repairs begin.
Spring/Summer 2006: Concrete and pool repairs
August 2006: Project completion
Item 4: List of improvements and estimated project budget.
$300,000 Concrete and foundation repairs
$375,000 Window replacement
$75,000 Pool renovation
City of Eagan 4
01q
Item 5: Explain why Housing Improvement Area financing is necessary to undertake the project
Attach any documentation regarding efforts to secure private financing.
The HOA Board discussed several options for financing: Increasing assessments, bank loans,
special assessments. The Board determined that all of these options would result in monthly
assessment increases of at least 100%. The Board determined that the default rate would
skyrocket, causing the remaining homeowners to make up the difference, thus putting the
Association into further financial peril.
Item 6: Explain the process used to determine the scope of the proposed project and the desire
for HRA financing among the association members. Provide any documentation regarding owner
meetings discussing project..
Association Declaration and Bylaws: Att° 0."
City of Eagan
230
k,
July 20, 2004
Dear Cedar Bluff Townhome Owner:
r OmEa
Ea2
The attached Annual Report has been prepared at the direction of the Board of Directors of
Cedar Bluff Townhome Condominium Association, Inc., in keeping with the requirements of the
Bylaws, Bylaw 39.
The Association's fiscal year ends on June 30d' and typically the members should look forward to
receiving the Annual Report in September. However, when we assumed management
responsibilities last December we were not provided with anything resembling a complete set of
organized accounting records for the 6/30103 fiscal year end, and indeed no monthly financial
statements had been prepared for the five months of the current fiscal year- either ,• from July
through November 2003. Therefore it was impossible to conduct an audit until the farmer
management company hired a bookkeeping service to create a general ledger by reconstructing
all of the financial activity of the first 17 months. Following receipt of that information this
spring, the books were then audited by a CPA firm hired by the Association.
The Association realized an overall net surplus of $38,715• during its first fiscal year. In
accordance with current preferred accounting practice, the Association's financial activity is
separated into Operating and Replacement Funds.
The Operating Fund contributed $17,990 of this surplus. However, there was no formal
allocation of the monthly assessment income to the Replacement Fund.
The Replacement Fund reported a surplus of $20,725. Aside from $8 of interest, all of the
income was realized from the'two months of working capital contributions collected at the
closing of the sale of each unit. There were no capital expenditures charged to the Replacement
Fund.
As of June 30, 2003, total Member's Equity amounted to $38,715, and cash on hand totaled
$25,505.
If there are any questions regarding the information presented, please feel free to contact a
member of the Board or myself.
Very truly yours,
W_(_
David C. Stendal
Association Manager
DCS/jb
cc: Board of Directors
231
OMEGA MANAGEMENT, INC
Managing to Make a Difference
15350 25TH AVE N SUITS 906
PLYMOUTH, MN 55447-1991
(763) 449-9100
(763) 449-9110 FAX
CEDAR BLUFF TOWNHOME CONDOMINIUM ASSOCIATION
PETITION Of PROPERTY OWNERS FOR PUBLIC HEARINGS
TO CONSIDER THE ESTABLISHMENT FO A HOUSING
IMPROVEMENT AREA AND THE IMPOSITION OF A FEE
TO THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA:
The undersigned owners) of a housing -unit at Cedar Bluff Townhome
Condominium Association that would be subject to the fee in the proposed Housing
Improvement Area encompassing the Cedar Bluff Townhome Condominium Association,
hereby request(s) the Council to conduct pubic hearings to consider the establishment of
the Improvement Area and the imposition of a fee to pay for housing improvements
pursuant to Minn_ Staff. §§ 428A,11-.21 (2000):
Unit Address:z�i� _
Owner(s):
• Printle;A T -M
Owner(s) Address(es):
Owners):
(Print Name)
23Z
CEDAR BLUFF TOWNHOME CONDOMINIUM ASSOCIATION
PETITION OF PROPERTY OWNERS FOR PUBLIC HEARINGS
TO CONSIDER THE ESTABLISHMENT FO A HOUSING
IMPROVEMENT' AREA AND THE IMPOSITION OF A FEE
TO THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA:
The undersigned owner(s) of a housing unit at Cedar Bluff Townhome
Condominium Association that would be subject to the fee in the proposed Housing
Improvement Area encompassing the Cedar Bluff Townhome Condominium Association,
hereby requests) the Council to conduct public hearings to consider the establishment of
the Improvement Area and the imposition of a fee to pay for housing improvements
pursuant to Minn. Stat. §§ 42BA.11-.21 (2000):
Unit Address:
Ownet(s): Pr1-L'Nq,4�'�-fes tJ
(PrInt Name)
(Print Name)
Owner(s) Address(es):. S;sr-1
OwnerU)- - 62. OAA"�
(Sign re)'
(Signature)
Dated: b
233
City of Eagan Nano
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: APRIL 3, 2006
SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE
The following update reflects activity in the City's redevelopment districts.
General Redevelopment
Impact of Eminent Domain Legislation on Redevelopment Districts - At the Council's
direction, staff has been in contact with members of the Legislature and its lobbying
organizations to determine the impact of the current bills being passed through this session with
respect to eminent domain. Stam continues to communicate positions that would grandfather the
ability to use eminent domain under the existing standards in existing TIF redevelopment
districts to perform property assembly and complete the redevelopment of those areas. Staff is
analyzing the bills on an ongoing basis to determine how they would or would not affect the
City's existing districts. Additional information on the most current bills will be provided as that
information is received.
Cedar Grove Redevelopment District
• First Phase Development Plans — Staff and the developer continue to meet to coordinate the
submittal and review of the first phase development applications. The developer and staff have
also held the fust of several meetings with the APrC to discuss the overall approach to the parks
and recreation needs of the area and with the Engineering Division to masterplan the utilities for
the whole area, even though the fust phase will only permit the installation of a portion of the
system.
• Silver Bell Center Remodeling and Redevelopment — The owners of Silver Bell Center, next
to McDonalds, are reviewing information related to the ponding adjacent to their property to
determine what limitations or opportunities there may be for the remodeling of the center and
additions to the site. The first phase of their plan would be to consolidate some of the current
tenants and some new tenants into the west end of the mall, demolish the east end and redo the
fagade of the remaining center to conform to CGD standards. A second phase would involve a
proposed subdivision of the property to add two pads for freestanding buildings on the east end
of the site.
• Acquisition and Relocation Plans — Negotiations are underway with the owners Ellingson and
Associates, Eagle Valley Bank and Minsk Market for acquisition of those properties. Several
other property owners are actively seeking new sites for their businesses.
• Communications Activities — The Cedar Grove Gateway, the monthly, newsletter update, is
being distributed to businesses in the area. Website updates also continue.
Northeast Eagan Redevelopment District
• Grand Oaks Development — The first office building is occupied and the retail buildings are
beginning to have interior finish work for a number of businesses. Construction is continuing
Z35
on the Eagle Valley Bank. Interstate indicates that they will submit plans for, construction of
the second office building in the next 60 days.
• McGough Office Project — The developer has submitted revised offers to the four remaining
property owners in the northeast Eagan/McGough area. Roger Reiling has commissioned a
seller's appraisal and has submitted it to McGough. McGough representatives indicate that
they intend to offer mediation as a means of resolving the,differences between the offers and
the seller's appraisal.
• Hwy 55 Parcels — DART Transit, the owner of a substantial number of the properties in the
portion of the District south of Hwy 55 has indicated an intention to prepare a
development/redevelopment plan for that part of the district. DART representatives are
scheduled to meet with staff on April 5 to discuss their progress in this regard.
Southeast Eagan Masterplan
• Revestor's development plan is before the City Council on the regular agenda on April 4 and
the receipt of the Substandard Report and authorization .to proceed with consideration of
creation of a. renewal and revitalization district is on the EDA agenda.
Z3(p
FROM: Dale Schoeppner, Chief Building Official
Mike Ridley, City Planner
DATE: April 4, 2006
SUBJECT: Development/Construction Activity Update
The following update reflects recent activity in the Building and Planning Divisions.
Permits Issued
Address
980 Lone Oak Rd #128
2955 Lone Oak Dr
Development Update
Explanation
Kuehne & Nagel
Eagle Power
Valuation
275,000
200,000
Type
Comm Impr
Comm Impr
➢ Planning staff is working with a hotelier interested in the "Raintree" site just north of the
new Manley building under construction on the west side of Pilot Knob Road at Buffet
Way.
Planning staff have met with representatives from LifeSpan Services in an effort to find a
suitable location for their move out of Cedarvale Mall.
➢ Planning staff have had several calls recently from developers 'interested in office
development in northeast Eagan on the 85 acres located north of Lone Oak Road and
east of the Ecolab Campus.
Staff will be happy to provide a brief overview of these items and/or respond to questions at
Tuesday's meeting. As always, staff is available between meetings to respond to questions that may
come to Council members' attention from the community.
2Z7
