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05/16/2006 - City Council Regular (2)
AGENDA F Kj EAUAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 16, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE P• 1 IL ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take as hort recess) III. RECOGNITIONS & PRESENTATIONS P. Z A. Gun Club WMO Shoreline Habitat Improvement Project at Moonshine Park (Interpretive Sign) P. 3 B. Recognition of Out -going Advisory Commission Members IV. CONSENT AGENDA p • 4 A. APPROVE MINUTES B. PERSONNEL ITEMS. . I C. APPROVE CHECK REGISTERS D. ACCEPT resignation of Daniel Flanagan from the Eagan Airport Relations Commission P. .RE. ADOPT resolution to participate in a Dakota County Hazard Mitigation Planning Process P2 F. APPROVE amendments to the 2006 Equipment Revolving Fund Budget �. 7J,pG. APPROVE amendment to the 2006 General Facilities Renewal & Replacement Budget and approve change order #1 for Contract 06-03, City -Wide Street Improvements (Fire Station #5 - resurfacing) P• 2.5 H. PROCLAIM June as Eagan Lakes Appreciation Month }�• bOI. APPROVE agreement with MnDOT for Federal Funding of Preliminary Engineering for Northwood Parkway Overpass 31 J. APPROVE plans & specifications and authorize advertisement for bids for Contract 06-07 (City-wide sanitary sewer lining) 32 K. APPROVE agreement for material inspection services with MnDOT , LPL. APPROVE —Tri -agency agreement with Dakota County and Inver Grove Heights (Traffic Modeling Study) 1 M. APPROVE land lease agreement with Qwest (2 switching buildings) zN. APPROVE Change Order #2 for Contract 06-03, City -Wide Street Improvements �D. APPROVE comments to the City of Rosemountregarding the .Comprehensive Guide Plan Amendments for properties near Highway 3 P. 45 P.. AWARD contract for the construction of Captain's Course miniature golf course within Cascade Bay and authorize the Mayor to sign all appropriate contracts and documents y(p Q. AUTHORIZE the request for proposals to provide security officer services for events serving alcohol at the Eagan Community Center p41 R. AUTHORIZE an amendment to the exclusive beverage contract that covers the Eagan Community Center to allow for events that may carry over to other City facilities as defined and approved by the. City Council • 45S. DECLARE hazmat trailer surplus property and authorize sale to Dakota County Special Operations Team 4C T. RECEIVE the Energy Conservation Measure Report for the Eagan Community Center prepared by Harris �I Companies and recommend conservation measures. 50 U. APPROVE Exempt Permit for Experimental Aircraft Association, Chapter 25, to hold a raffle • 52 V. APPROVE change in management on the on -sale liquor license at Joe Senser's of Eagan, Inc., dba Joe Senser's 2 Sports Bar & Grill, 3010 Eagandale Place 53 W._ APPROVE.. off_sale..liquor license .for_CJ of Eagan -LLC, dba Comers Liquors, 3.090._Courthouse Lane w .. _.-. ...._...__. ......._......_......... X. APPROVE Final Payment of Contract OS -10, Pond AP -9 (Storm Sewer Improvements) Y. AWARD Contract for Patrick Eagan Park Master Plan V. PUBLIC HEARINGS P.5(o A. VARIANCE — Carlson Lake Lane - Scott and Kristen Seacrist — A Variance to allow a front deck porch located at 1238 Carlson Lake Lane in the NE 1/4 of Section 27. VI. OLD BUSINESS VII. NEW BUSINESS �� A. Request for "No -Parking" Designation on Blackhawk Road/Galaxie Avenue and authorize installation of signage . P(4o5 B. REZONING AND PRELIMINARY SUBDIVISION — Oak Hills Church — A rezoning of .94 acres from Public Facility (PF) to Residential Single Family (R-1) and a Preliminary Subdivision of .94 acres to create two single family lots located at 1570 Yankee Doodle Road in the NW '/4 of Section 16. C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — Waters Annex — CSM Equities Inc. - A Preliminary Planned Development for four office/warehouse buildings and a Preliminary Subdivision of 45.52 acres to create 4 lots located on Lots 1 & 2, Block 1, Silicon Graphics I" Addition in the SW '/4 of Section 1. D. Consider adoption of an ordinance amendment to implement a city wide moratorium on the issuance of licenses for the harboring of pigeons. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE 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 fv B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. SOUTHEAST EAGAN RENOVATION AND RENEWAL DISTRICT — Resolution adopting a redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1 and Establishing Southeast Eagan Tax increment Financing District No. 1 therein and adopting a Tax Increment Financing Plan. E. NEW BUSINESS I . CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement and Related documents for acquisition of the Nikolay and Natalia Brutsky property (Minsk Market) at 3992 Sibley Memorial Highway. 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize staff to enter into negotiations for the potential acquisition of Basil Dyab (Cedarvale Shell Station) property at 3830 Sibley Memorial Highway. . F. OTHER BUSINESS X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION The EDA will be asked to hold an executive session to discuss negotiations for the possible acquisition of the All American Recreation property at 3820 Sibley Memorial Highway. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. XIII. ADJOURNMENT -- The City of Eagan -is committed to -the policy thatall 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 Eap ma To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: MAY 12.5 2006 Subject: AGENDA INFORMATION FOR MAY 16, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the May 16, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 16, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. MOONSHINE PARK= ACTIONS TO BE CONSIDERED: Recognize donation of an interpretive sign by the Gun Club Lake Watershed Management Organization about the Moonshine Park Shoreland Habitat Project and approve placement of sign at the upper deck overlooking the park. FACTS: • Moonshine Park has approximately 700 feet of shoreline along LeMay Lake in north central Eagan. In spring 2003, the City completed conversion of the residence at the park into a retreat center and a space to conduct a variety of public programs and classes. • On April 1, 2003, the City Council officially designated a shoreland restoration project at the park as a Water Resources Demonstration Project entitled the Moonshine Park Shoreland Habitat Project. • Eagan's Water Resources Demonstration Projects provide residents and visitors working examples of best management practices that support the environment, water quality, and natural landscaping near surface water resources. Its focus is: "Protecting lake quality by expanding shoreline buffers." • The Moonshine Park Shoreland Habitat Project was made possible with support from the Minnesota Department of Natural Resources through a grant from May 2003 to June 2004. • The Gun Club Lake Watershed Management Organization (GCLWMO) is a separate unit of government formed in 1985 by a joint powers agreement of the cities of Eagan, Inver Grove Heights, and Mendota Heights. • As evidence of its partnership with the City and to show its strong support for efforts such as the habitat project throughout the watershed, the GCLWMO is presenting the City with an interpretive, sign it has sponsored about the shoreland project. • At this time, Jerry Walerak, outgoing chair of the GCLWMO for the past three years, will make the presentation to the mayor and City Council. The sign will be mounted at the upper deck overlooking the park and will compliment the DNR sign already in the ground. ATTACHMENT: 9 Foldout color copy of the sign to be distributed at the time of the presentation. Agenda Memo May 16, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS: B. Recognition of Outgoing Advisory Commission Members ACTION TO BE CONSIDERED: None FACTS: ❖ Listed below are the outgoing Advisory Commission members and the number of years they served: ADVISORYPLANNING COMMISSION Carla Heyl — 9 years (3 previous years) = 12 years Ted Gladhill — 4 years Duey Bendt — 5 years Jenifer Matthees — 2 years ADVISORY PARKS AND RECREATION COMMISSION Terry Davis — 9 years AIRPORTS RELATIONS COMMISSION Nathan Krahn — 3 years Daniel Flanagan — 3 years Stephen Nierengarten — 3 years Valerie Dosland 2 years Agenda Information Memo May 16, 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 May 2, 2006 regular City Council meeting, the April 25, 2006 special City Council meeting/Advisory Commission interviews, the April 24, 2006 special City Council meeting/Advisory Commission interviews and the April 24, 2006 joint meeting with the Burnsville City Council as presented or modified. ATTACHMENTS: • Minutesj°f the May 2, 2006 regular City Council meeting are enclosed on pages 5_ through H . • Minutes of the April 25, 2006 s ectal City Council meeting/Advisory Commission interviews are enclosed on pages r • Minutes of, the April 24, 2006 s ectal City Council meeting/Advisory Commission interviews are enclosed on pages all • Minutes of thp April 24, 2P06 joint meeting with the Burnsville City Council are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE T EAGAN CITY COUNCIL Eagan, Minnesota May 2, 2006 A Listening Session was Feld prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 2, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. 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 Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Dorothy Peterson, Norm Peterson and Sharon Boeckman were recognized for their volunteer hours at Holz Farm. CONSENT AGENDA Councihnember Fields pulled Item D from the Consent Agenda for discussion. Councihnember Carlson pulled item O for discussion. Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve the balance of the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 18, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring Erick Bertelsen, Steven Bringgold, Jenifer Culbertson, Katy Donndelinger, Nicole Farlee, Luke Garrison, Kristin Giles, Alyssa Kane, Kalin Laurent, Travis Laurent, Katherine Maruish, Dana Mueller, Jennifer Sparks, Amber Stevenson and Aleecia Svien as part-time seasonal recreation leaders. 2. It was recommended to approve the hiring of Kevin Blake, Stephanie Carll, Joe DeFrance, Angela Dooley, Laura Farlee, Megahn Galloway, Kaitlin Giles, Kassi Giles, Hillary Haynes, Natalie Jones, Matt Mason, Kimberlee Maczko, Tiffany Maczko, Brenna O'Gorman, Rachel Spangle, Matt Steele, Kevin Stevenson, Iris Lynette Tejera and Megan Williams as part-time seasonal recreation assistants. 3. . It was recommended to approve the hiring of Meghan Chappuis and Christie Mason as part-time seasonal recreation program assistants. 4. It was recommended to approve the hiring of Tina Tano as a part-time guest services . representative at the Community Center. 5. It was recommended to approve the hiring of Jake Nicklay, Finance Intern 6. It was recommended to approve the hiring of Christie Bauer, Ben Eng, Katie Maruish, Matt Mason, Jill Petsinger, Alex Phillips, Austin Phillips, Kyle Stevenson and John VanOverbeke as part-time seasonal concessions workers. 7. It was recommended to approve the hiring of Jackie Carlson as a Program Assistant. C. Check Registers. It was recommended to ratify the check registers dated April 20, 2006 and April 27, 2006 as presented. D. Use of Community Center. Pulled for discussion E. Liquor License. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League. F. Grant It was recommended to accept a $4,000 Grant from Dakota County Impact Panel that was awarded to the Eagan Police Department to purchase public safety equipment. 5 Eagan City Council Meeting Minutes May 2, 2006 Page 2 G. Contract 05-08. It was recommended to award Contract 05-08 (Lone Oak Drive and Lone Oak Parkway — Trail Improvements), to Max Steininger, Inc. for the base bid in the amount of $128,541.00 and authorize the Mayor and City Clerk to execute all related documents. H. Project 938. It was recommended to receive the Draft Feasibility Report for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) and schedule a public hearing to be held on June 6, 2006. I. Comprehensive Transportation Plan. It was recommended to authorize the preparation of an update of the Comprehensive Transportation Plan by SRF Consulting Group, Inc. in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. J. Comprehensive Sanitary Sewer and Water Plans. It was recommended to authorize the preparation of updates of the City's Comprehensive Sanitary Sewer Plan and Water Supply and Distribution Plan by Bonestroo, Rosene, Anderlik and Associates in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. K. Pedestrian Countdown Indicators. It was recommended to authorize the installation of Pedestrian Countdown Indicators on the traffic signal at the intersection of Trunk Highway 13 and Silver Bell Road. L. Wetlands Exemption — Utility Pipeline Upgrade. It was recommended to approve the exemption of wetland activity within Public Right -of -Way for the purpose of utility pipe replacement and authorize the Water Resources Coordinator to execute all related documents. M. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for Parcel Nos. 10-02000-070-75 and 066-75 and Taconite Trail Public Right of Way. N. Letter of Support. It was recommended to authorize the submission of a letter supporting the implementation of the First Phase development of the Cedar Grove West Transit Station. O. Comments — Rosemount Comprehensive Guide Plan Amendments. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3 and US 52. P. Resignation. It was recommended to accept the resignation of Jenifer Matthees from the Advisory Planning Commission. Q. Resignation. tion. It was recommended to accept the resignation of Duey Bendt from the Advisory Planning Commission. R. Resi aig to ion• It was recommended to accept the resignation of Ted Gladhill from the Advisory Planning Commission. D. Use of the Community Center at no charge for the Miss Eagan Pageant during the 4s' of July festivities. Councilmember Fields stated that she felt the Miss Eagan pageant should consist of Eagan residents, or at least, girls that go to school or work in Eagan. The reigning Miss Eagan and Princesses spoke, along with other pageant supporters, in favor of allowing non Eagan residents participate in the pageant. The Council held a brief discussion. Mayor Geagan moved, Councilmember Tilley seconded a motion to all the use of the Community Center at no charge for the Miss Eagan pageant with no change in criteria for contestants. Aye: 4 Nay: 1 (Fields oppose4) O. Approve Comments to the City of Rosemount regarding Comprehensive Guide Plan Amendments for properties on Highway 3 and Highway 52. Councilmember Carlson requested to see a map of the area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve comments to the City of. Rosemount regarding the Comprehensive Guide Plan Amendments for properties on Highway 3 and Highway 52. Aye: 5 Nay: 0 No Eagan City Council Meeting Minutes A May 2, 2006 / Page 3 T PUBLIC HEARINGS CERTIFICATION OF DELINQUENT BOARD UP SERVICE BILL City Administrator Hedges stated that the City allows for collection, through certification, of delinquent board up service bills which are not paid. There is currently one delinquent board up service bill with an accessible amount of $445.00. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for the delinquent board up service bill and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator stated that the City currently has approximately 446 utility bill accounts with delinquent payments. The assessable amount of these accounts is $83,260.62. 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 Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 VARIANCE — GRANITE CITY FOOD AND BREWERY City Administrator Hedges introduced this item regarding a request for a variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition for a parking lot expansion. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Tim Cary, Granite City CFO, discussed the success of the business and the proposed parking expansion. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 14 feet from the required 20 -foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1; Marice Addition for a parking lot expansion subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall becol pull and void unless a petition for extension ahs been granted by Council. Such extension shall be requestp0;n writing at least 30 days before expiration and shall state facts showing a good faith attempt to completer utilize the use permitted in the variance. 2. Prior to commencing grading and construction activities, the applicant shall show that no utilities are boing impacted within the easement encroachment area along Pilot Knob Road. If utilities are impacted, the applicant shall move utilities at their own expense, if required. 3. The applicant shalt replace and improve landscaping on the subject site in accordance with the submitted landscape plan dated April 11, 2006. 4. The applicant shall be responsible for obtaining any permits necessary from Dakota County and coordinating all site work with the City and County. l Eagan City Council Meeting Minutes May 2, 2006 Page 4 ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS The following were appointed to terms gn the respective Advisory Commissions: Advisory Planning Commission Peter Dugan — 1 year alternate term Maggie Jensen —1 year term Kimberly Feller —1 year term Thomas Heaney — 2 year term Dana Keeley — 2 year term Nadim Zoberi - 3 year term Gary Hansen — 3 year term Advisory Parks and Recreation Commission Laurie Halverson —1 year alternate term Phil Belfiori — 3 year term Ryan Zipf — 3 year term Dorothy Peterson — 3 year term Airport Relations Commission Steve Beseke —1 year alternate term Justin Countryman —1 year term Curt Aljets — 3 year term Jack Prentice — 3 year term Bret Walsh — 3 year term Burnsville/Eagan Community Television Joseph Conlon -.1 year alternate term Bill Raker — 3 year term Pramod Mathur — 3 year term Gun Club Lake Watershed Management Organization Jason Akey —1 year alternate term Jeff Sluiter —1 year term Gerald Engelke — 2 year term Wayne Sames — 3 year term There was no old business. OLD BUSINESS NEW BUSINESS PROJECT 934, CLIFF ROAD / BLACKHAWK ROAD / GALAXIE AVENUE INTERSECTION IMPROVEMENTS City Administrator Hedges introduced this item regarding the reconfiguration of the intersection of Cliff Road and Blackhawk Road/Galaxie Avenue with associated. traffic signal improvements. Traffic Engineer Plath gave a staff report. Eagan City Council Meeting Minutes May 2, 2006 Page 5 r Two citizens discussed their concern over the proposed left turn lane. Mayor Geagan stated he felt the area needed more enforcement measures, given the number of accidents that have occurred. Councilmember Carlson moved, Councilmember Tilley seconded a motion to receive the feasibility report and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval and the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary. Aye: 5 Nay:0 PLANNED DEVELOPMENT AMENDMENTS — HAR MAR, INC. City Administrator Hedges introduced this item regarding planned development amendments for overnight parking (outdoor storage); replacement of the pylon sign; changes to the appearance and accessibility; and a change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road. City Planner Ridley gave a staff report, noting that the applicant is withdrawing the request to change tenant signage on the north side of the building. Kurt Dale, Anderson Dale Architects, discussed the current materials on the existing building and described the proposed materials to be used to change the appearance of the building. Brien Slawik, Har Mar, Inc. discussed history of the retail center and the desired improvements. Council discussed the proposed changes to the building and to signage. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow overnight.parking (Outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall provide information specifying the exact number of tenant -owned vehicles to be stored outdoors overnight. 3. No more than 10 parking spaces shall be designated outdoor storage on a Site Plan to be submitted to the City, indicating storage is limited to cars and 1/2 ton trucks. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW '/< of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall obtain a Sign Permit prior to removal/replacement of the pylon sign. 3. The LED copy or message shall change no more than two times in any 24 hours period, this does not pertain to time/temperature. 4. The new pylon sign shall be the same height and size (or smaller than) as the existing pylon sign, and the base shall be constructed of materials to match the shopping center building. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow changes to the appearance and accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the following conditions: Aye: 5 Nay: 0 The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. Structural modifications to the in-line center will require a building permit. The applicant shall provide a detailed site plan for the proposed improvements showing building fagade, relief, building materials, and landscaping items. Eagan City Council Meeting Minutes May 2, 2006 ®� Page 6 T PLANNED DEVELOPMENT AMENDMENTS — MILLERVILLE, INC. City Administrator Hedges introduced this item regarding a planned development amendment to allow a third stall garage addition to the attached garage located at 1149 Diffley Road. City Planner Ridley gave a staff report. Ray Miller, applicant, discussed the proposed garage addition and clarified issues raised by the Advisory Planning Commission. A representative of the Townhome Association stated they are in favor of the new addition. Councilmember Carlson stated that the site plan needs to show utility boxes as being enclosed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow third stall garage addition to the attached garage on currently platted Lot 16, Block 1, Lexington Ridge located at 1149 Diilley Road in the NE'/, of Section 27 subject to the following conditions: Aye:5 Nay:0 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. The addition shall only apply to currently platted Lot 16, Block 1, Lexington Ridge, and be limited to 19.7' x 21' with similar and compatible exterior building materials. 3. The developer shall provide proof, in a form acceptable to the City Attorney, that the Association can and will convey a portion of the common area to Lot 16 and the property associated with the conveyance shall be subdivided to accommodate the addition. 4. The utility boxes shall be enclosed. 5. No additional building modifications shall be allowed. COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density Residential. City Planner Ridley gave a staff report. Tom Kennealy, owner of the parcel, stated he has no plans to develop the property in the near future and would prefer to have the current zoning remain as low density residential. Councilmembers discussed the 2005 subdivision of the subject site and agreed that further review in regard to potential uses of the site should occur prior to a comprehensive land use change. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density Residential to the June 6, 2006 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided a brief update regarding the Barten legislation. The regular City Council meeting was recessed at 9:05 p.m. and a meeting of the Economic Development Authority was immediately convened The regular City Council meeting was reconvened at 9:10 p.m. Eagan City Council Meeting Minutes May 2, 2006 Page 7 ADMINISTRATIVE AGENDA Declare unclaimed property to be surplus. Administrative Services Director VanOverbeke noted that since the Council declared bicycles, unclaimed property and miscellaneous City property as surplus at their April 18, 2006 meeting, additional items within the Police Department have become available for sale. Councilmember Fields moved, Councilmember Tilley,seconded a motion to declare the additional list of unclaimed property as surplus. Aye: 5 Nay: 0 VISITORS TO BE HEARD Dan Bailey thanked the Council for consideration of an advisory commission appointment. He stated that he felt issues brought before the Advisory Planning Commission should be more complete and the Council should not review issues that the Advisory Planning Commission has not reviewed in their entirety. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the regular City Council meeting at 9:15 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) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING / ADVISORY COMMISSION APPLICANT INTERVIEWS TUESDAY APRIL 25, 2006 5:00 P.M. CONFERENCE ROOM 2AB — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges Mayor Geagan called the meeting to order at 5:00 p.m., which was convened for the purpose of interviewing the advisory commission applicants. I. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS The City Council conducted interviews of 14 advisory commission applicants seeking appointment to the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission meeting, or Burnsville/Eagan Telecommunications Commission. II. OTHER BUSINESS There was no other business. III. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT The interviews and the meeting adjourned at 9:00 p.m. I?- MINUTES SPECIAL CITY COUNCIL MEETING / ADVISORY COMMISSION APPLICANT INTERVIEWS MONDAY APRIL 249 2006 5:30 P.M. CONFERENCE ROOM 2AB — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges Mayor Geagan called the meeting to order at 5:30 p.m., which was convened for the purpose of interviewing the advisory commission applicants. I. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS The City Council conducted interviews of 12 advisory commission applicants seeking appointment to the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission meeting, or Burnsville/Eagan Telecommunications Commission. II. OTHER BUSINESS There was no other business. III. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT The interviews and the meeting adjourned at 7:30 p.m. MINUTES SPECIAL CITY COUNCIL RETREAT MONDAY APRIL 24; 2006 7:30 P.M. JOINT MEETING WITH THE BURNSVILLE CITY COUNCIL EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Also present were Burnsville Mayor Kautz and Burnsville Councilmembers Workman and Gustafson. Eagan City staff present at the meeting included City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, Communications Coordinator Foote, and BECT Programming Manager Hotchkiss. Members of the City of Burnsville staff were also present. I. ROLL CALL AND ADOPTION OF AGENDA Mayor Geagan called the meeting to order and welcomed the Burnsville City Council and staff. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 8; Nay: 0 (including both members of the Eagan and Burnsville City Councils) II. JOINT MEETING WITH THE BURNSVILLE CITY COUNCIL • Burnsville/Eagan Community Television and'Telecommunications Commission City Administrator Hedges introduced the item noting that the discussion tonight is intended to address the possible expansion and/or relocation of the Bumsville/Eagan Community Television Facility. The Councils were also asked to discuss membership on the Telecommunications Commission. Burnsville Deputy City Manager Hanson provided a history of the Burnsville/Eagan Community Television (BELT) operations and facilities. Burnsville Communications Director Skelly expanded on the history of the facility. The City Councils discussed whether or not to evaluate both the current location of BECT as well as whether the operations should be expanded to include other communities within Dakota County. The two City Councils provided direction to staff to proceed in evaluating the interest of other cities in joining BECT operations. It was emphasized by members of the City Councils that if the facility should be expanded to include other communities, the cities of Burnsville and Eagan must not see a detriment in service provided to residents, rates should stay neutral and/or improved for citizens, and revenues should increase. The Councils requested a financial analysis of what each City would pay into the operation, and what services those cities would receive for their investment. The Councils also asked for research on the impact of an expansion on franchise fees and PEG fees. 14 The Councils directed that the study be presented to the Burnsville/Eagan Telecommunications Commission (BETC) prior to coming back to the City Councils for consideration. The two City Councils then discussed the future location for the BECT facility. The Councils directed that, in conjunction with the study to determine whether additional communities are interested in joining BECT, a study also be conducted on the location options available to BECT. The Council directed this information be presented to the BETC prior to coming back to the City Councils for consideration. The two City Councils discussed the current make-up of the Burnsville/Eagan Telecommunications Commission (BETC). City Administrator Hedges noted the difficulty the Commissioners had achieving quorums at their meetings, particularly given that the work level has changed for the Commission over the past few years. Upon further Council discussion, the two Councils decided that given the possible expansion and/or.changes to come to BECT, the Commission should remain at its current size for the time being. The City Councils also directed the BETC to discuss possible options for expansion of the Commission's duties and provide their recommendations to the City Council. • Broadband Discussion City Administrator Hedges introduced the item and highlighted Eagan's current efforts with regard to broadband installation. Burnsville Mayor Kautz summarized Burnsville's efforts to -date. The City Councils, along with Burnsville and Eagan's staff, discussed the concept of an open access network with regard to broadband technology. The two City Councils noted that they would continue to dialogue with one another.regarding conduit and broadband opportunities. . • CVB Discussion - Study possibilities for a closer working relationship between Burnsville's CVB and Eagan's CVB City Administrator Hedges introduced the item noting that interest has been expressed on the part of Burnsville to have the Eagan Convention and Visitors Bureau (ECVB) look at opportunities to merge with the Burnsville CVB. Councilmember Carlson noted that the ECVB has a Board of Directors that makes recommendations to the City Council with regard to the bureau's operations. The two Councils discussed the current Minneapolis South joint ventures. The two Councils discussed a study that was proposed to explore a possible merger. Upon discussion by the City Council, there was consensus that Burnsville City Councilmember Workman and Eagan City Councilmember Carlson would meet. with the respective CVB Directors, along with the Chairs of the two CVB Boards, to further discuss the merits of the study on the issue of consolidation. There was no other business. H1. OTHER BUSINESS 1!5 IV. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMEN Burnsville Mayor Kautz moved, Eagan City Councilmember Fields seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 8; Nay: 0 1� Agenda Information Memo May 16, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Chief= -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Chief of Police Kent Therkelsen. FACTS: • Chief Therkelsen has been offered and accepted the position of Executive Director of the Dakota Communications Center. • His resignation from the Eagan Police Department will be effective on May 26, 2006. ATTACHMENTS: • Enclosed on page is a copy of Chief Therkelsen's letter of resignation. Item 2. Water Production Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Paul Bailey as a Water Production Worker in the Utilities Department. Item 3. Seasonal Water Resources Assistant -- ACTION TO BE CONSIDERED: To approve the hiring of Mike Walerak as a seasonal water resources assistant. 1-1 411� City of Eagan POLICE DEPARTMENT KENT THERKELSEN Chief of Police JAMES MCDONALD Deputy Chief of Police 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5700 Fax: 651.675.5707 TDD: 651.454.8535 www.citypfcagan.com PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator THE LONE OAK TREE The symbol of strength and growth in our community May 4, 2006 Tom Hedges City Administrator Dear Administrator Hedges, It is with very mixed feelings that I submit my letter of resignation from the Eagan Police Department, effective May 26, 2006. I have been offered and accepted a position as Executive Director of the Dakota Communications Center. While excited about the challenges that await me in my new position, it is not easy to leave an organization that has provided such an outstanding environment for the past six and. one-half years. Although I was well aware of the solid reputation enjoyed by the City of Eagan and the Eagan Police Department prior to becoming Chief of Police, it was after my employment began here that I discovered why. The commitment and dedication of the City and Police staff to the highest levels of service is what makes Eagan such a special place to work. Thank you for everything you have done to help me in my career. Your leadership will leave a lasting legacy in Eagan. I look forward to my continuing relationship with you, the Mayor and Council and the entire Eagan Staff as we move toward the DCC becoming a reality. Thank you again, Tom. Best wishes to you and everyone else at the City of Eagan. I will miss working with all of you very much. Sincerely, Aent. Therkelsen Chief of Police Agenda Information Memo May 16, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 4, 2006 and May 11, 2006 as presented. ATTACHMENTS: • Check registers dated May 4, 2006 and May 11, 2006 are enclosed without page number. Agenda Information Memo May 16, 2006 Eagan City Council Meeting D. ACCEPT RESIGNATION OF DANIEL FLANAGAN FROM THE EAGAN AIRPORT RELATIONS COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Daniel Flanagan from the Eagan Airport Relations Commission. FACTS: ➢ Eagan Airport Relations Commission member Daniel Flanagan has submitted his resignation from the Commission due to his recent purchase of a home in the City of Lakeville. ➢ Mr. Flanagan expressed his thanks to the City for the opportunity to serve on the Commission and noted how rewarding the experience has been to him. ➢ Per the City Council's policy, the ARC one-year alternate, Steve Beseke, has been asked to fill the one-year vacancy resulting from Mr. Flanagan's resignation, and he has gladly accepted. ➢, The position being vacated by Mr. Flanagan is in the final year of a three-year term, and thus the 3 -year term will be available for appointment in April 2007. ATTACHMENTS: ➢ Enclosed on page is an e-mail sent by Mr. Flanagan to staff to notify the City of his resignation. 217 Airport Relations Commission Dianne Miller From: Flanagan, Dan [DFlanagan@dart.net] Sent: Wednesday, May 03, 2006 11:28 AM To: Dianne Miller Subject: Airport Relations Commission Dear Dianne, Page 1 of 1 I regret to inform you that I have moved to Lakeville. With that, I hereby resign my commission with the City of Eagan and the Airport Relations Commission. It has been a very rewarding serving the people and City of Eagan. The city staff are some of the most professional people I have ever worked with. Thank you for all of your help and if there is ever anything I can do personally or through Dart Transit form you or the City of Eagan, please feel free to contact me. Thank You Very Much, Dan Flanagan Daniel P. Flanagan Dart Transit Company VP of Maintenance 800 Lone Oak Road Eagan, MN 55121 651.683.1279 5/3/2006 Consent Agenda Information Memo May 16, 2006 Eagan City Council Meeting E: Resolution to Participate in a Hazard Mitigation Planning Process ACTION TO BE CONSIDERED: Adoption of the resolution to participate in Dakota County Hazard Mitigation Planning Process. FACTS: • Dakota County has requested all cities within the county to participate in development of a Hazard Mitigation Plan. • To receive future federal dollars should a disaster occur, all cities are required to participate collaboratively in a plan under Federal Disaster Mitigation Act of 2000 (DMA2000). • Cities'that choose to participate in the county plan must formally adopt the All Hazard Mitigation Plan process by official city resolution. • Dakota County requests that this resolution be passed to meet requirements of the DMA2000 • Failure to participate in this planning process could result in the loss of future federal dollars after a disaster. ATTACHMENTS: Attachments on pages through?-� . RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County pf Dakota is participating in an all hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county all hazard mitigation plan; and WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and WHEREAS, the plan must include a general description of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, and an estimate of potential dollar losses for each hazard; and. WHEREAS; the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how the County will maintain public participation and coordination; and WHEREAS, approval of the all hazard mitigation plan will make the County eligible to receive Hazard Mitigation Grant Program project grants; and WHEREAS, this resolution does not preclude the city of from preparing its own plans sometime in the future should they desire to do so. NOW THEREFORE BE IT RESOLVED, that the City of support the County all hazard mitigation planning effort, wishes to join the County in preparing the plan and recognizes that the plan will apply within the townships. Adopted on this day of 2006. October 29, 2004 Dear City Managers: We continue to work on the requirements of the Federal Disaster Mitigation Act of 2000 (DMA2000). I want to take this opportunity to thank you and your staff for working collaboratively with us to insure we position our county, cities and townships to receive future Federal dollars should a disaster occur. According to the DMA2000 requirement, cities that choose to participate in the county plan must formally adopt the All Hazard Mitigation Plan by official city resolution. This is required for the County to secure Federal Disaster Mitigation Grants for communities should a disaster strike. Without resolutions from all cities, Federal grants will not be made available. The County requests that the resolution be passed by your city council no later than Friday, February 4, 2005. After adoption, please forward an official resolution to my attention. Attached is a draft resolution for you to review. An alternative does exist for your consideration. Cities may choose to develop and adopt their own DMA2000 plan. If interested please call Lisa Dressler, Hazard Mitigation Administrator, HSEM at 651-297-2970. In addition over the past months, County staff has been working with many of the cities' staff in identifying risks and hazards within particular communities. County staff has created a, comprehensive process and timeline highlighting the opportunities for review and comment by communities, which is attached. On Friday, October 22, 2004 Dakota County staff conducted a city workshop inviting emergency management staff, fire/police, planners and public works officials to offer comments on the draft Goals, Objectives and Mitigation Strategies Matrix which is the heart of the plan from a community coordination standpoint. Staff received valuable comments from attendees. A list of attendees is attached. As the draft plan is completed in the coming months, we will provide review copies of the document to you. If you have any questions, please call Tom Berry, Senior Planner at 952-891-7044. Thank you for continued cooperation in this important plan adoption. Sincerely, Gregory J. Konat, Director Dakota County Physical Development Division Enclosures cc: Dakota County Board of Commissioners 2y Agenda Information Memo May 16, 2006 Eagan City Council Meeting F. APPROVE AMENDMENTS TO THE 2006 EQUIPMENT REVOLVING FUND BUDGET ACTION TO BE CONSIDERED: To approve amendments to the 2006 Equipment Revolving Fund Budget. FACTS: • On November 1,. 2005 the City Council approved the 2006 — 2010 CIP Part II Vehicles and Equipment. That approval included $787,300 of capital to be financed by the Equipment Revolving Fund in accordance with City policy. The 2006 allocation was determined to be $932,921 meaning a balance of $145,621 was being carried forward as the useful life of existing equipment is maximized. . Although not considered in the review at the time of preparation of the Part 11 2006 — 2010 CIP, it was determined upon the hiring of the new full- time.Fire Chief that some adjustments should be made in the use of Fire Department vehicles. The changes have resulted in the need to acquire a new vehicle to be designated for the Fire Chief. The Equipment Revolving Fund Budget (Fire) is proposed to,be increased by $24,000 to accommodate this acquisition. Funds are available from the 2006 allocation, to make this amendment and this mid -year adjustment will be taken into consideration as the 2007 — 2011 Part II CIP is prepared for . official City Council action. • Also not considered at the time of preparation of the Part. 11 2006 — 2010 CIP was the requirement to purchase additional software for implementation of the City's intranet through the vendor, Quantum Art. The Equipment Revolving Fund Budget (Information Technologies) is proposed to be increased by $15,000 to accommodate this acquisition. Again, the purchase would best be made in 2006 and funds are available from the 2006 allocation to make this amendment. This mid -year adjustment will also be taken into consideration as the 2007 — 2011 Part II CIP is prepared for official City Council action. ATTACHMENTS: (None) Agenda Information Memo May 16, 2006 Eagan City Council Meeting G. APPROVE AN AMENDMENT TO THE 2006 GENERAL FACILITIES RENEWAL & REPLACEMENT BUDGET AND APPROVE CHANGE ORDER #1 TO CONTRACT 06-03, CITY-WIDE STREET IMPROVEMENTS (FIRE STATION #5 -- RECONSTRUCTION ACTION TO BE CONSIDERED: To approve an amendment to the 2006 General Facilities Renewal & Replacement Budget and approve change order #1 to contract 06-03, City-wide street improvements (Fire Station #5 — reconstruction) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In late 2005 the City Council approved the 2006 Budget for the General Facilities Renewal & Replacement Fund. That approval included $17,600 to provide for some repairs to the parking lot at Fire Station #5 on Galaxie Avenue. • After further investigation it has been determined that more extensive improvements are necessary at a total estimated cost of slightly less than $70,000. Therefore a budget adjustment of $52,400 to the 2006 General Facilities Renewal & Replacement Budget is recommended at this time. The adjustment will allow the project to be undertaken as part of the larger City-wide contract 06-03 thereby taking advantage of the economies of scale and more favorable prices that are in place with that contract. Adequate reserves are available in the General Facilities Renewal & Replacement Fund to allow for this adjustment. • Contract 06-03 rovides for the bituminous overlay of the streets in the Meadowland 1s , Beaver Dam, Suncliff 1St — 5tn, Silver Bell Road, Art Rahn, Hillandale Addition, Whispering Woods, Slater Road and. Slater Acres neighborhoods. • On April 4, 2006, the City Council awarded Contract 06-03 to McNamara Contracting, Inc. • The existing condition of the parking lot pavement is rated at 23, within the Pavement Condition Index (PCI) ranking for a recommended improvement of reconstruction. The parking lot does not meet City standards for concrete curb and gutter. 9 • The proposed improvements would bring the parking lot to a good condition that could be maintained with routine maintenance. The parking lot would also be brought up to current City standards for curb and gutter. This change order provides for the removal and replacement of the existing bituminous in specifically needed locations, edge mill and overlay of the entire parking lot with associated striping and pavement markings, installation of concrete curb and gutter and repairs to the existing concrete curb and gutter. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council.action. • The change order provides for a cost increase of $67,161 (10.2% of original contract). 100% of the increased cost would be financed through the General Facilities Renewal & Replacement Fund. ATTACHMENTS: (None) Agenda Information Memo May 16, 2006 Eagan City Council Meeting H. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2006, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes. and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These, amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, sediment from erosion and various pollutants carried in storm water and runoff. All of these factors may impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributesof these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: • Proclamation, page �� CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2006 WHEREAS, Eagan has more than 350 lakes and ponds; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in these lakes; and WHEREAS, still others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a surface water quality management plan, making it one of the first Minnesota cities to do so; and WHEREAS, Eagan's water quality management program has been nationally recognized; and WHEREAS, the City has produced a State of the Lakes report for citizens regarding its seven Class I lakes; and WHEREAS, the City is currently updating its, water quality management plan to address efficiently and effectively the issues and needs of its surface water resources from 2006 to 2020. WHEREAS, the North American Lake Management Society is urging localities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, Eagan's Water Resource staff has deemed June to be a favorable month to hold such an observance every year; and WHEREAS, an Eagan Lakes Appreciation Month would be a good time to encourage residents or businesses to hold clean- up days at their nearest water body; and WHEREAS, the City Council proclaimed June 2006 as the first Eagan Lakes Appreciation Month; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2006 as Eagan Lakes Appreciation Month and urges residents to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. LM Its Mayor Motion made by: Seconded by: Those in favor: Those against: Dated: May 16, 2006 CITY OF EAGAN CITY COUNCIL Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16'h day of May, 2006. Maria Petersen, City Clerk Agenda Information Memo May 16, 2006, Eagan City Council Meeting I PROJECT 768, FEDERAL FUNDING AGREEMENT FOR PRELIMINARY ENGINEERING ACTION TO BE CONSIDERED: Approve a federal funding agreement for preliminary engineering for Project 768 (Northwood Parkway- Ring Road Extension- Bridge and Street Improvements) with the Minnesota Department of Transportation (Mn/DOT) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City's Comprehensive Transportation Plan includes the development of a "Ring Road." circulator around the intersections of Pilot Knob Road, Yankee Doodle Road. and I -35E. The City has been coordinating the development and improvement of related infrastructure to accommodate this transportation element for the past 14 years. The major components remaining are the two overpasses at Duckwood Dr. and Northwood Dr. These require significant capital expenditures (est. $16.5 million) beyond what the city provide on a purely local basis. • Project 768 provides for the extension of Northwood Parkway over I -35E from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/Denmark Avenue intersection, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • The City has been successful in securing $1 million in federal funding which will be applied towards preliminary engineering and right of way acquisition for these improvements. • An agreement between the City of Eagan and Mn/DOT has been prepared providing for federal participation in preliminary, engineering of the Northwood Parkway- Ring Road Extension- Bridge and Street Improvements. As set forth in the agreement, the City's financial share of preliminary engineering is 0% while Mn/DOT's financial share of preliminary engineering is 100%. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. l� Agenda Information Memo May 16, 2006 Eagan City Council Meeting J. CONTRACT 06-07, CITYWIDE SANITARY SEWER LINING APPROVE PLANS & SPECIFICATIONS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 06-07 (Citywide Sanitary Sewer Lining Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 8, 2006 at the City Utility Building. FACTS • The City Council authorized sanitary sewer slip -lining improvements of about 5,000 linear feet of aging pipe for various areas within the'City as part of the Sanitary Sewer Operations and Facilities portion of the 2006-2011 Capital Improvement Program (CIP) and 2006 operating budget. • This improvement helps to control/contain excessive root growth into the system helping to prevent blockages and also eliminates ground water infiltration into our system reducing our treatment costs. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The areas of sanitary slip -lining improvements are near the south intersection of Highway 55 and Highway 149, and in the Town View 1St Addition development in the northwest corner of Silver Bell Road and Blackhawk Road. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Agenda Information Memo May 16, 2006, Eagan City Council Meeting K. INSPECTION SERVICES AGREEMENT ACTION TO BE CONSIDERED: Approve a Blanket Partnership Agreement with the Minnesota Department of Transportation (Mn/DOT) and authorize designated City staff to execute work orders for requested engineering services. FACTS: • Mn/DOT offers technical services to local agencies such as the City of Eagan through their Partnership Agreement Program. It is financially prudent for the City to make use of certain Mn/DOT technical services during the course of local public improvement projects. • Public Works Department staff requires the type of technical services provided by Mn/DOT on numerous occasions, including material testing, concrete plant inspections, bituminous plant inspection, etc: for public improvements. • 'An agreement between the City of Eagan and Mn/DOT has been prepared providing the terms and conditions which Mn/DOT may provide the City with professional services. • Execution of this agreement does not force the City to use Mn/DOT services. Rather, it provides the City an additional resource for required technical services for economic evaluation. • The City Attorney's office has reviewed this agreement and found it to be similar to other service agreements and in order for favorable Council action. ATTACHMENTS: • Blanket Partnership Agreement, page§,_ through .39 X32 Mn/DOT Contract No. CFMS Contract No. STATE OF MINNESOTA PARTNERSHIP CONTRACT This contract is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Eagan ("Local Government Unit"). Recitals Pursuant to Minnesota.Statutes §471.59, subdivision 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of itspowerson behalf of the other governmental units; and Pursuant to Minnesota Statutes § 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with other governmental or non-governmental entities for research and experimentation, for sharing facilities, equipment, staff, data or other means of providing transportation related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further develop innovation in transportation for the benefit of the citizens of Minnesota; and The State, through its "Program Support" and "Program Delivery" Groups, offers a variety of transportation - related technical assistance and support services to other governmental units on a fee-for-service basis; and The Local Government Unit desires that the State provide transportation -related technical assistance and support. The State is willing to provide such support, upon request and subject to the terms, and conditions contained in this contract. Contract 1 Term of Contract 1.1 Effective date: This contract is effective on the date the State obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration date: This contract will expire five years. from its effective date, unless terminated earlier pursuant to Article 10. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this contract: 6. Liability; 7. State Audits; 8. Government Data Practices; and 9. Governing Law, Jurisdiction, and . Venue. 2 Duties of the Parties 2.1 The Local Government Unit may request that the State perform any of the services shown on Exhibit A, "Available -Services". The Local Government unit may also request that the State perform transportation - related services other than those shown on Exhibit A. 2. 1.1 The Local Government Unit must submit a brief written request for any services to the State. The request may be in the form of a letter, memorandum or purchase order and may be transmitted by fax or e-mail. A request may be made via telephone, but will not considered accepted unless acknowledged in writing by the State. The request must include sufficient detail on the scope of work to be performed to afford State the opportunity to assess the resources necessary to accomplish the work and develop a cost estimate. Rev. (12/00) Page 1 Mn/DOT Contract No. CFMS Contract No. 2.2 Upon receipt of a written request from the Local Government Unit, the State will evaluate the request and promptly inform the Local Government Unit if the State will perform the work, either as submitted or with modifications. If accepting the work; the State will identify a project manager for the work to be performed. Any work assignment accepted by the State pursuant to this contract is subject to all terms and conditions of this contract. 2.3 After the State accepts a work assignment, the State will promptly perform the work in a professional manner and in accordance with generally accepted government standards. If the Local Government Unit deems that the work is not proceeding in a satisfactory manner, the Local Government Unit will bring such concerns to the State's Project Manager in charge of the particular project. The Parties will endeavor to resolve any disputes concerning work under this contract in the most informal and cost-effective manner reasonably available. 3 Consideration and Payment 3.1 Payment Basis. The State may, at its option, charge the Local Government Unit on either a lump -sum or actual cost basis for performance of the work. 3.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the State will be billed on an actual cost basis. For work performed upon anactual cost basis, the State will provide a report showing the actual cost of the services performed by the State under this contract. The State's "Actual Cost" will consist of all of the following elements: (1) The actual cost of any materials provided by the State; and (2) Travel expenses reasonably and necessarily incurred by the State in the performance of the work. Such travel expenses will be subject to the. limitations contained in the "Minnesota Department of Transportation Travel Regulations" in effect at the time the work is performed; and (3) Labor costs incurred by the State in performance of the work. Such labor costs will consist of: (a) The actual hourly wage or salary of State personnel for time spent working on the project; and (b) Labor and overhead additive, at a rate to be determined annually by the appropriate State Financial/Accounting Officer. Labor additive will include fringe benefits, holiday and vacation pay, and applicable workers compensation and payroll tax expenses. (4) Equipment costs incurred by the State in the performance of the work. Such cost will consist of: (a) The hourly rental rate of the equipment; and (b) Fuel.and other direct operational costs not included in the equipment rental rate. 3.3 Payment (A ) The State will invoice the Local Government Unit upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties: Rev. (12100) Page 2 Mn/DOT Contract No. CFMS Contract No. (B) The Local Government Unit will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting RE: MN/DOT CONTRACT NUMBER (include the "Mn/DOT contract number" shown on this agreement) Mailstop 215 395 John Ireland Blvd. St. Paul, MN 55155 IMPORTANT: THE REMITTANCE MUST INCLUDE THE "Mn/DOT CONTRACT NUMBER" 4 Authorized Representatives 4.1 State's Authorized Representative. The State's Authorized Representative for the administration of this contract is Richard Stehr, Assistant Commissioner or his/her successor. 4.2 Local Government Unit's Authorized Representative. The Local Government Unit's Authorized Representative for the administration of this contract is The Local Government Unit's Engineer for technical matters, and the Local Government Unit's Administrator or Auditor for financial matters. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign or transfer any rights or obligations under this contract without a written Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 5.2 Amendments Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or the State's, right to subsequently enforce it. 5.4 Contract Complete. This contract contains all negotiations and agreements between the State and the Local Government Unit. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 6 Liability Each party will be solely responsible for its own acts and omissions in connection with or related to this contract. The liability of the State is governed by Minnesota Statutes §3.736 and other applicable law. The liability of the Local Government Unit is governed by Minnesota Statutes chapter 466 and other applicable law. Each party will be, solely responsible for its own employees for any workers compensation claims. As any deliverables, including plans and documents, produced by the State pursuant to this contract may be incorporated into larger projects of which the State may not be aware, the State expressly disclaims any liability for the use of such deliverables and the results thereof. 7 State Audits Under Minnesota Statutes § 16C.05, subd. 5, the Local Government Unit's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the. State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expiration date of this contract. Rev. (12/00) Page 3 35 Mn/DOT Contract No. CFMS Contract No. 8 Government Data Practices The Local Government Unit and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties under this contract. The Act provides, inter alfa, disclosure and non -disclosure provision for various types and classifications of data provided to or by the State or the Local Government Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Local Government Unit or the State. 9 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination by the State. The State may cancel this contract at any time, with or without cause, upon 30 days' written notice to the Local Government Unit. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 10.2 Termination by the State for Insufficient Funding. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding or staffing levels cannot be continued at a level sufficient to allow for the provision of the services covered here. Termination must be by written or fax notice to the Local Government Unit. The State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. The State will not be liable for any damages sustained by the Local Government Unit as a result of the termination of this contraaby the State. 10.3 Termination by the Local Government Unit for Insufficient Funding. The Local Government Unit may immediately terminate this contract if it does not obtain funding from its governing body, or other funding source, or if funding cannot be continued at a level sufficient to provide for payment for the services covered here. Upon, such termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. 11 Additional Provisions 11.1 Exhibit A is attached and incorporated into this contract. 11.2 The parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes §15.51, et. seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes § 15.5 1, et. seq., and any provision in this contract is determined to conflict with such statute, then the statute will control to the extent of any such conflict. Rev. (12/00) Page 4 LOCAL GOVERNMENT UNIT The Local Government Unit certifies that the appropriate person(s) have executed the contract as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Dater By: _ Title: Date: Mn/DOT Contract No. CFMS Contract No. DEPARTMENT OF TRANSPORTATION By (with delegated authority) Title: Date: Mn/DOT CONTRACT MANAGEMENT By: Date: Rev. (12/00) Page 5 �� Exhibit Available Services Following are examples of services available from Mn/DOT pursuant to this agreement, and other services may be available upon request. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the "Municipal Agreement" process for cooperative construction programs. Maintenance Pavement Striping Bridge Construction/Maintenance . Services including: • Bridge load ratings • Bridge inspections • Hydraulic data system support/management Standards, Research and Govemance services including: • Bridge standards and specifications development • Bridge research • Bridge construction, maintenance and hydraulic training Bridge Construction and Maintenance Services including. • Construction planning and programming • Construction support • Steel fabrication services • Maintenance assistance Bridge Design Services including: • Preliminary bridge studies and plans • Final bridge designs and plans • Bridge construction estimating • Hydraulic structure recommendations • Consultant management Land Management • Appraisal Services • Legal Services • Eminent domain support • Legal descriptions • Geodetic surveying • Photogrammetdc Mapping • Platting • Direct Purchase Page 1 of 2 Electronic Communications • Electronic and telecommunications system design, installation and maintenance services. Materials • Pavement condition data • Materials testing • Box culvert inspection • Pre -stress beams for county and city bridges Page 2 of 2 Agenda Information Memo May 16, 2006 Eagan City Council Meeting L. PROJECT 939, TRI -AGENCY AGREEMENT (Eagan, Inver Grove Heights, Dakota County) TRAFFIC DEMAND MODEL STUDY (Co. Rd. 63 Corridor) ACTION TO BE CONSIDERED: Approve an agreement with Dakota County and Inver Grove Heights to conduct a Traffic Demand Model Study for the Co. Rd. 63 corridor, and authorize the Mayor and City Clerk to execute all related documents. FACTS: The City of Eagan conducted a "Northeast Eagan Land Use Study" during the summer of 2005 to evaluate the best and most appropriate use for the remaining undeveloped and under -developed land in Section 1. Concurrently, the City of Inver Grove Heights has been conducting similar evaluations of the property located within the Northwest area of their city adjacent to our Northeast corner. One of their land use scenarios includes a potential new interchange on I-494 near or just east of the current Co. Rd. 63 overpass. In 2005, the City of Eagan also conducted a Transportation Infrastructure Needs Analysis (TINA) Study to identify the scope of potential fixture transportation improvements and related financing needs necessary to meet the projected demands from development build -out. Some of the transportation needs identified in this study had to be limited to conceptual alignments and/or geometric configurations due to lack of detailed information for future variables in land use trip generation and existing/potential regional transportation access points. The results of these studies, combined with the region's projected growth of several communities in Dakota County south of Eagan and Inver Grove Heights, predict that future traffic volumes will exceed the capacity of the existing local, county and state transportation facilities in the general vicinity of NE Eagan and NW IGHts. There are many significant hurdles to constructing a new interchange. One is the need to document the necessity for a new interchange by identifying the number of trips projected to use this potential new facility. Another is the need to identify which existing facilities can have traffic volumes reduced to a level that will minimize the need for comparable significant infrastructure, improvements helping to justify the benefits Towards that end, the cities of Eagan and Inver Grove Heights along with Dakota County are proposing to conduct a Travel Demand Model Study for the general corridor of Co. Rd. 63 to try to identify where future traffic volumes can be more accurately projected based on several different land development and related transportation scenarios. Dakota County will be the lead agency on this study. The agreement has been reviewed by all agencies and their respective attorneys and found to be in order for favorable Council consideration. The estimated cost will be divided equally between all agencies. The Major Street Fund will finance Eagan's estimated share of — $30,000. Agenda Information Memo May 16, 2006 Eagan City Council Meeting M. APPROVE OWEST LAND LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve new land lease agreements with Qwest for their current telecommunications switching buildings and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 1985, the City entered into 20 -year land lease agreements with Qwest for the construction of 2 major switching stations. One is located next to the historic Old Town Hall and the other is located near the Sperry Water Tower. These lease' agreements expired on August 1, 2005. • The Public Works Department and City Attorney's office have been in continuous negotiations with Qwest over the past year to negotiate new leases for the next 20 years. The old terms provided for an annual lease of $500/yr for each site and the new terms provide for $6,000/yr with a 6-8% increase every year for each site retroactive to Aug. 1, 2005. • The agreements are finally in order for favorable Council consideration. 41 Agenda Information Memo May 16, 2006 Eagan City Council Meeting N. CONTRACT 06-03, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 (misc. street repair) to Contract 06-03 (Citywide — Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-03 provides for the bituminous overlay of the streets in the Meadowland/ Suncliff/ Silver Bell Road/, Art Rahn/ Hillandale/ Whispering Woods/ Slater Road neighborhoods. • A previous City project provided for the reconstruction of the pipe outlet from the pond (Pond AP -9) at the intersection of Erin Drive and Nicols Road., but not for the necessary street restoration. This change order provides for the street patching associated with the pond outlet reconstruction (ADD $4,594). • The cost of the additional work is consistent with bid prices received for relevant bid items under this contract and on other similar projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $4,594 (0.7% of original contract). 100% of the costs will be financed through the City's Storm Water Utility Fund. 4Z- Agenda Information Memo May 16, 2006, Eagan City Council Meeting O. APPROVE COMMENTS REGARDING ROSEMOUNT COMPREHENSIVE GUIDE PLAN AMENDMENTS ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Hwy 3. FACTS: The City of Rosemount has distributed notices of Comprehensive Guide Plan Amendments to reguide a number of properties in the area of Hwy 3. While most of the changes are housekeeping items to bring the Rosemount Comprehensive Plan into conformance with details of the Evermoor development, one of the changes affects vacant land and is likely to result in additional traffic on Hwy 3. Adjacent municipalities and affected agencies are given the opportunity to comment on such amendments. ➢ While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf: The City of Eagan recognizes that demand for commercial and residential growth will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development that will affect Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities, Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the County and region between County Road 42 and I-494. ATTACHMENTS: ➢ Location map on page ➢ Rosemount Comprehensive Plan Amendment available upon request. 43 Y; ...... . .. ..... . . . . ...... ....... ....... : .. ....... . Bards Crossing Fa 1-j ........... . .. .......... ... 7` Zell. . . ..... . .. ...... ...... .......... . ..... ..... ........ .. ------. . .. ........ ............ < 44 ........... .. .... . ...... .... .. ... . . ........... . ......... .. .... .... ... . ... ... ............... . ..... . . .... . ........ .... . .... ... ................ T� L r......... . ............. .. ... ... .. . ......... ...... EAGAN ................. IN' .. ........ ............ ...... ............... I1.J 'ROSEMOUNT APPLE VALLEY ...... ..... .. . ........... ............... ................ ..... ....... ...... ... ....... . . .. ........ ......... ............... ..... .................... ....... . ...... ............ ............ - F .......... ............ ........................ .............. M NDRkWS,RDW ...... . . ...... .. .... I.-,.,/ . ......... L . ........ ..... ..... ........... ....... .... ........... ...... ................. ...... ... ..... .......................... ......................... ...... ... ............... ............. Evermoor 3rd] . . .. . . ........ ......... ... L.......... ........ ...... ;11 Q, . . . ...... .. ....... . Bards Crossing Fa 1-j 7` Zell. . . ..... . .. ...... ...... .......... . ..... ..... ........ ...... ;11 Q, 0 City of Rosemount Comprehensive Guide Plan Amendment Requests Areas with Proposed Changes to Residential 0.5 1 Miles Fa am 0 City of Rosemount Comprehensive Guide Plan Amendment Requests Areas with Proposed Changes to Residential 0.5 1 Miles Agenda Memo May 16, 2006 City Council Meeting P. AWARD CONTRACT TO HARRIS MINIATURE GOLF COURSES, INC. FOR THE CONSTRUCTION OF CAPTAIN'S COURSE, A NINE -HOLE MINIATURE GOLF COURSE WITHIN CASCADE BAY AND AUTHORIZE THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS. ACTION TO BE CONSIDERED: Award the contract to Harris Miniature Golf Courses Inc: in the amount of $158,419 for'the construction of Captain's Course, a nine -hole miniature golf course within Cascade Bay and authorize the Mayor to sign all appropriate documents. FACTS: • The City Council first reviewed the conceptual idea and design for a 9-h6le miniature golf course within Cascade Bay on January 17, 2006. • Based on the initial construction cost estimate and projected revenue the Council directe& staff to pursue the proposal with the expectation that this amenity could be incorporated in time for the 2006 Cascade Bay season. • The initial design documents and bidding process for the project have been completed. • Two bids were received and opened on May 10 and Harris Miniature Golf Courses, Inc. was identified as the low bidder. • Construction is expected to begin no later than June 5 with an expected completion date of June 30. ATTACHMENTS: None y5 Agenda Memo May 16, 2006 City Council Meeting. Q. AUTHORIZE THE ADVERTISEMENT FOR REQUEST FOR PROPOSALS TO ACTION TO BE CONSIDERED: Authorize the advertisement of requests for proposals to provide security officer services for events serving alcohol at the Eagan Community Center. FACTS: • Prior to the Eagan Community Center opening the City Council developed a policy to require the presence of an officer at all events serving alcohol. Off duty policy officers from the Eagan Police Department have provided this service to renters from the time the community center opened. • The cost for this requirement is the responsibility of the renter and has been set as a minimum three hour time period; typically from 10:00 p.m. to 1:00 a.m. That fee is currently $171. • Staff has researched other options for providing this service in an effort to provide lower costs to rental groups. Some of the information gained to date reveals that this professional service can be provided for four hours for a cost of $100. • The Operations Committee reviewed this item on March 30 and asked staff to follow up with the police department before bringing this back to the whole Council for consideration. • This issue has been discussed with the police department and although they would like to continue to be the security providers at the ECC they agree that the private security is a less expensive option for renters. ATTACHMENTS: None 4� Agenda Memo May 16, 2006 City Council. Meeting R. AUTHORIZE AN AMENDMENT TO THE EXCLUSIVE BEVERAGE CONTRACT THAT COVERS THE EAGAN COMMUNITY CENTER TO ALLOW FOR EVENTS THAT MAY CARRY OVER TO OTHER CITY FACILITIES AS DEFINED AND APPROVED BY THE CITY COUNCIL. ACTION TO BE CONSIDERED: Authorize an amendment to the exclusive beverage contract that covers the Eagan Community Center to allow for events that may carry over to other city facilities as defined and approved by the City Council. FACTS: The ECC currently has a contract in place that allows exclusive beverage service in that building for events that wish to serve alcohol. • With each event that occurs in the building the community center receives a percentage of the gross sales in exchange for that exclusivity. • As the use of the Civic Arena and Cascade Bay evolve to include more private rentals, weddings, reunions and other special events the requests for serving alcohol are starting to surface: • In the past both Cascade Bay and the Civic Arena held events with alcohol that were facilitated the same way as a pavilion rental. Renter(s) sign a permit to reserve the facility and then show proof of liability coverage on their homeowner's insurance policy in order to serve beer or wine in a pavilion. • By extending the existing ECC contract to other facilities that the Council might deem appropriate, the City of Eagan will be working with an existing contractor that has already provided all of the necessary insurance and liability coverage to allow a higher level of flexibility with events. This would also allow the facilities to capture some of the revenue from the beverage sales. • Director of Administrative Services VanOverbeke and the city attorney have reviewed the preliminary concept of amending the contract to include events at other city facilities as defined and approved by the Council. • The exclusive contractor is open to expanding their contract to other city locations only if the City Council gives specific direction as to which particular facilities or areas are. to be included. • The amendment to the contract would give the general approval to allow the contracted services in other city locations but each request could come before the Council for approval. • The locations that might benefit from this expanded inclusion would be the Civic Arena and Cascade Bay. ATTACHMENTS: None u -I Agenda Information Memo May 16th, 2006 S. DECLARE HAZMAT TRAILER SURPLUS AND AUTHURIZE SALE TO DAKOTA COUNTY SPECIAL OPERATIONS TEAM ACTION TO BE CONSIDERED: Declare the fire department hazmat trailer surplus and authorize the sale of this trailer to the Dakota County Special Operations Team for the amount of $3500. FACTS: • The fire department has an enclosed utility trailer that is no longer being used. We would like to declare it surplus and suggest that we sell the trailer to the Dakota County Special Operations Team (DCSOT) to use as a Homeland Security equipment trailer. This trailer would be housed in Rosemount to help the DCSOT team keep additional equipment available to respond to Northern Dakota County Cities. The trailer had been used by the fire department for hazmat equipment. We now utilize the DCSOT's 36 member highly trained and equipped team to respond to Eagan for major hazmat, confined space rescues, building collapse and other specialized rescue calls. • The trailer is a 1994 Interstate enclosed utility trailer. Size: 15x6 City ID Number: 5025 VIN Number: 1 UK500H28S1014250 License Number: 183-401 Approximate Estimated Retail Value: $1500-2000 • By donating this trailer to the DCSOT, it would allow the team to better respond to emergencies in our City. Dakota County Emergency Preparedness Director Dave Gisch has expressed that the DCSOT will purchase the trailer for $3500. WHO Agenda Memo May 16, 2006 Regular City Council meeting CONSENT AGENDA T. RECEIVE the Energy Conservation Measure Report for the Eagan Community Center prepared by Harris Companies and recommend conservation measures. The information regarding this item will be sent out Monday with the additional 'information. ffm Agenda Memo May 16, 2006 Regular City Council Meeting CONSENT AGENDA: U. Exempt Permit for Experimental Aircraft Association ACTION TO BE CONSIDERED: Approve an Exempt Permit for Experimental Aircraft Association, Chapter 25, to hold a raffle on October. 8, 2006 at Eagan Community Center FACTS: ❖ The Experimental Aircraft Association, Chapter 25, has applied with the Minnesota Gambling Board for an Exempt Permit to hold a raffle on October 8, 2006 at the Eagan Community Center. + The Gambling Board requires approval by the City prior to issuance of the permit. ❖ The Experimental. Aircraft Association has held this raffle for the past several years. ❖ Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: ❖ Attached as page is a copy of the proposed resolution 5� RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT EXPERIMENTAL AIRCRAFT ASSOCIATION WHEREAS, the Experimental Aircraft Association has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department. has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Experimental Aircraft Association, Chapter 25, to conduct a raffle on October 8, 2006 at the Eagan Community Center located at 1501 Central Parkway in Eagan. Motion by: Seconded by: Those in Favor: All Those Against: None Date: May 16, 2006 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, Clerk of the City. of Eagan, Dakota County, Minnesota, do hereby certify .that the foregoing resolution was duly passed and adopted by the City Council of the C1 of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16 day of May, 2006 Maria Petersen, City Clerk 51 Agenda Information Memo May 16, 2006, Eagan. City Council Meeting V. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE LIQUOR LICENSE AT JOE SENSER'S OF EAGAN, INC., DBA JOE SENSER'S SPORTS BAR & GRILL, 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve a change in management on the on -sale liquor license for Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Bar & Grill located at 3010 Eagandale Place. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Joe Senser's, Scott Smith, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): 52 Agenda Information Memo May 15, 2006, Eagan City Council Meeting W. APPROVE OFF -SALE LIQUOR LICENSE FOR CJ OF EAGAN LLC, DBA COMERS LIQUORS, 3090 COURTHOUSE LANE ACTION TO BE CONSIDERED: To approve the off -sale liquor license for CJ of Eagan LLC, dba Comers Liquors, 3090 Courthouse Lane. FACTS: ➢ Chip and Jenny Lim have applied for an off -sale liquor license with the City of Eagan. The business will be structured as a Limited Liability Company. The owners are purchasing the existing Comers Lone Oak Liquors. ➢ The change of ownership is scheduled to occur in late May. ➢ All required documents have ,been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): Agenda Information Memo May 16, 2006 X. CONTRACT 05-10, POND AP -9 — STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 05-10 (Pond AP -9 — Storm Sewer Improvements) in the amount of $1,827.25 to G. L. Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 05-10 provided for the construction of a pond outlet skimmer structure to serve Pond AP -9 to address consistent flooding issues at the street intersection of Erin Drive and Nicols Road. The existing outlet was a submerged outlet pipe which was frequently subjected to blockage by debris. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 5q Agenda Memo May 16, 2006 City Council Meeting Y. AUTHORIZE THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS. ACTION TO BE CONSIDERED: Award the contract to Hoisington Koegler Group iii the amount of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign all appropriate documents. FACTS: • The development of a master plan for Patrick. Eagan Park was part of the Council approved CEP 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. • A panel consisting of city staff and APrC representative interviewed three consulting firms on May 11 to review their project experience similar to the needs of Patrick Eagan Park master plan. • Once .the interview panel completed their discussion, Hoisington Koegler Group was unanimously identified as the consultant best suited to this project. After that discussion the quotes were opened to reveal the following bid detail: Hoisington Koegler Group Inc. $43,000 Brauer & Associates 49,550 Sanders Wacker Bergly Inc. 41,140 • The 2006 CIP targeted $90,000 for this master plan process. ATTACHMENTS: . None 55 Agenda Information Memo May 16, 2006 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — SCOTT AND KRISTIN SEACRIST .ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a 5 -foot Variance to the required 30 -foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicants purchased the home in 2000 and have recently upgraded the exterior of the home, replacing windows, siding, facia and soffits. ➢ A 5' x 18' deck that encroached 5 feet into the required minimum setback from Carlson Lake Lane was removed at the front of the house to upgrade and repair the siding. i The applicant's intent was to replace the deck after all the upgrades were completed and have since replaced the sliding glass door and added a ledger board to accommodate the new deck at the front yard location. ➢ The applicants would like to replace it with a deck no larger than the original. 60 DAY AGENCY ACTION DEADLINE: June 16, 2006 ATTACHMENTS (1): Planning staff report on pages5l through Neighbor correspondence on page kI 5�o PLANNING REPORT CITY OF EAGAN REPORT DATE: May 4, 2006 APPLICANT: Scott and Kristin Seacrist CASE: 27 -VA -08-04-06 HEARING DATE: May 16, 2006 PROPERTY OWNER: Scott and Kristin Seacrist APPLICATION DATE: April 17, 2006 REQUEST: Variance to Setback PREPARED BY: Erik Slettedahl LOCATION: Lot 7, Block 3, Wilderness Park Addition COMPREHENSIVE PLAN: LD -Low Density Residential (0-4 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting a 5 -foot Variance to the minimum 30 -foot front -yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. .s� Planning Report Seacrist-Variance May 4, 2006 2 of 3 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60 requires a 30 -foot minimum structure setback from public rights-of-way for residential developments. City Code requires that decks satisfy structure setback requirements from rights-of-way. BACKGROUNDIHISTORY The existing home was constructed in 1978. The applicants purchased the home in 2000 and recently removed a 5' x 18' deck at the front of the house to upgrade and repair siding. There was also a larger 15'x 15' deck at the rear of the home that was removed as well. EXISTING CONDITIONS The subject lot is 17,900 square feet and contains a 3 -bedroom, split level home that appears to be setback at the minimum 30 - foot setback requirement from the Carlson Lake Lane right-of-way. The home has recently been updated including new siding, soffits, facia, and windows. A sliding glass door is located at the front of the home that previously provided access to a narrow deck, and a new ledger board was installed to accommodate a replacement deck. EVALUATION OF REQUEST The 5' x 18' deck located in the front yard of the home was removed in order to replace rotted siding. The applicants would like to replace it with a deck no larger than the original. The replacement deck would encroach 5 feet into the required minimum setback from Carlson Lake Lane. Mature landscaping exists in the front yard and on either side of the proposed deck location that provides some screening from the right-of-way and neighboring properties. The larger deck at the rear of the home meets City Zoning requirements and may be replaced without need for a Variance. Sv Planning Report Seacrist-Variance May 4, 2006 3 of 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicants have recently completed a major improvement project to the exterior of their home, replacing siding, soffits, facia, and all windows. According to the applicant, the original decks on the home were installed incorrectly without ledger boards and flashing, causing rotted siding that needed replacing. The applicant's intent was to replace the decks after all the upgrades were completed. They have since replaced the sliding glass door and added a ledger board to accommodate the new deck at the front yard location. It was only after a permit was reviewed, for the deck replacement that the applicants were informed that the deck would not meet front yard setback requirements. The applicants have stated that they would like approval of the Variance in order to complete the look of their home as intended. SUMMARY/CONCLUSION The applicant is requesting a Variance to the front yard setback requirements to replace a 5' x 18' deck at the front of the home that would encroach 5 -feet into the required front yard setback from Carlson Lake Lane. The original deck was removed to complete upgrades to the exterior of the home. ACTION TO BE CONSIDERED To approve (OR direct findings of fact for denial) a 5 -foot Variance to the required 30 -foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit.for the deck must be obtained before any construction work may begin. 3. The deck shall not exceed the proposed size of 5' x 18' and shall not encroach any further that 5 feet into the front yard setback. 59 gek Eagan Boundary Location n Map A"Right-of way Parcel Area iir; Park Area Building Footprint (5 �► .✓" Y Yr 1Jf r a a II �+a �u wa e12 ® ® D .i}: �• �►!® tL 3(Ik tCfyybt�jpp�Wjy� In �{0.sf. em® gga ® � Wl i .✓ ® OR a.0 i r � �']K,+��9'�t9ri1 � � V;" ® � �11t 54/ � F'gYq���7A� �A• M SAM` i r �d�j `(CSI iU'alaf ` Fi4JAt fi. S x? 1 e�+ �S F„ �` � ® � ��� �t'�n«Y'`",�,�r B ® � m m v • re �+1;'kti G� ,�'�ry�+ ;w�}^� ^���i° �' ® � Si )� � Y y..;. ,. Sub•ect Site . ®O ®IL 161 Y� "aP %Mk,19 ., �1", n �4f5tlr ® 1 9 a • ® ®� yyyy I , `� r ilRIM 4`' x+11 ��eai�,6",�� 7n�4�/ � Ylfc �f �b� f."�i ke 4"y� KP }i [j I (a k IYROW W NM ■e110 �° �� y � � �� l; ,a asIt�r s1uu k6'y��4 x_11 uY FAil4 A w+d�y' �4, t; ' v � �r �I �.' }. .. W •� .i r !.'`�v a �o-,t i� �i��� r <q. w-awomur.• v«.fi`A � � � � + � f�'� '4. �r?� r 1 ♦t� � yip A.. _ I'1p,.f; µ 1f `x ®I b 91 g, B ,r°• , � �: fa ! A m d ®� O � ® B g IDS •® �z , �sp "�3 M { $4}1'pe 91 Ao igjl L L "'I"f E �A�4 ■'Int 1000 0 1000 2000 Feet Development/Developer. Scott and Kristin Seacrist Application: Variance Case No.: 27 -VA -08-0406 ��jj f q q� V Ol Eajan Wp Prepared using ERSI ArcView 9.1. Parcel base map data provided ///111��� by Dakota County Office of GIS and Is current as of April 2005. (v► N W B U THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and aro S community Development Department not responsible for errors or omissions. x LSoN LAKE LN C WILDERNESS RUN RD Variance Reg4est SITE MAP Scott and Kristin Seacrist 0 12.5 25 50 N 1238 Carlosn Lake Lane CJI Feet •,• ice• - __.. h's' - May 4, 2005 Community Development Department 3830 Pilot:Knob Road Eagan, MN 55122 Re: Case # 27 -VA -08-04-06 We fully approve of the Seacrist request for variance on the deck at the address of 1238 Carlson Lake Lane. I am concerned to learn of the task involved in the Seacrist's getting the deck rebuilt which they took down to improve the appearance of their home by installing new siding. In my opinion this caused a considerable waste of time and tax dollars with this process 'in order to rebuild the deck that was already there. Sincerely, Julie & Gregory Jones 1233 Wilderness Park Circle Eagan, MN 55123 6�3 Agenda Information Memo May 16, 2006, Eagan. City Council Meeting NEW BUSINESS A. BLACKHAWK ROAD/GALAXIE AVENUE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking. on the east and west sides of Galaxie Avenue between Plaza Drive and Cliff Road (CSAH 32), and on the east and west sides of Blackhawk Road between Cliff Road (CSAH 32) and Beecher Drive, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On May 2, 2006, the City Council approved Project 934 involving improvements to the Galaxie Avenue/Blackhawk Road and Cliff Road (CSAH 32) intersection and authorized the preparation of detailed plans and specifications. • It is desirable for the City to obtainthe use of State Aid funding to reimburse the construction costs of the proposed improvements. • The proposed design of the improvements to the Galaxie AvenueBlackhawk Road and Cliff Road (CSAH 32) intersection meets the State Aid standard's for intersection approaches without on -street parking on both sides of the street. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. • Notices were sent all potentially affected property owners informing them of this proposed parking restriction. No objections have been received to date. ('0y Agenda Information Memo May 16, 2006, Eagan City Council Meeting B COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION — OAK HILLS CHURCH ACTIONS TO BE CONSIDERED: To approve a Comprehensive Guide Plan Amendment changing the land use designation from QP (Quasi -Public) to LD (Low Density Residential) approximately 0.94 acres to create two single-family lots located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road opposite the entrance to the City Maintenance Facility) in the NW '/4 of Section 16. To approve a Rezoning of 0.94 acres from PF, Public Facilities to R-1, Single-family Residential, located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/4 of Section 16. To approve a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/4 of Section 16, subject to the conditions listed in the APC. minutes. REQUIRED VOTE FOR APPROVAL: Comp Guide Amendment and Rezoning At least four votes Preliminary Subdivision — Majority of Councilmembers present. FACTS: ➢ The Advisory Planning Commission held a public hearing on the Comprehensive Guide Plan Amendment on September 27, 2005, and recommended approval. ➢ On October 6, 2005, the. City Council reviewed the proposed Comprehensive Guide Plan Amendment and directed that the proposed amendment be submitted to the Metropolitan Council ➢ City staff submitted the proposed amendment to the Metropolitan Council and on November 21, 2005, the Metropolitan Council notified the City of their review and approval of the land use change. ➢ Implementation of the Comprehensive Guide Plan Amendment was withheld to be concurrent with the Rezoning and Preliminary Subdivision for this property: i The applicant submitted the applications for Rezoning and Preliminary Subdivision in March, and on April 25, 2006, the APC held the public hearing and recommended approval of both requests. Hn ➢ In July 2005, the City Council held a public hearing on the vacation of drainage and utility easements, but withheld action on the vacation request to be concurrent with the Final Subdivision application for this property. 60 DAY AGENCY ACTION DEADLINE: Rezoning — extended to July 12, 2006 ATTACHMENTS (4): April 25, 2006 APC Minutes, page 6 Planning Report, pageg through B. Oak Hills Church Applicant Name:Oak Hills Church Location: 1570 Yankee Doodle Road; Lot 1, Block 1, Oak Hills Church Application: Rezoning A Rezoning of .94 acres from Public Facility (PF) to Residential Single Family R-1). File Number: 16-RZ-04-03-06 Application: Preliminary Subdivision A Preliminary Subdivision to create 2 single family lots. File Number: 16 -PS -05-03-06 Planner Dudziak introduced this item and highlighted the information pfented in the City Staff report dated April 19, 2006. She noted the background and history= Chair Hey[ opened the public hearing. There being no public comment, Chair Heyl closed the ffllr daring and -f ,ned the discussion back to the Commission. Chair Heyl stated the proposal is compatible witK-tfiec d"e.velopm t to the south b0ause it is next to the City's facility, a pond, consists of only two a mext to a trail syst6m. She stated she will vote in favor of approval. Member Hansen moved, Member BendfiRanded a motion td9W—,pmme.nd approval of a Rezoning of 0.94 acres from PF, Public F c1llttTgA a..R-1, Single=�1-Ptesidential located, located at the southwest corner of the propigy a ° :V&ankee Dolle Road (east of Coachman Road), in the NW '/ of Section 19L All voted in favor. Member Hansen m veemberNbnu.n dt seconded otion to recommend approval of a Preliminary Subdivision' req ,JgLs upon q,44 acres located at the southwest corner of the property atr.1 7.A...Yanke -N : dleXUadVt3SW- Coachman Road), in the NW '/4 of Section 16 subject t�iie" cond1fts: 1. Thi&ayeloper shall cry with-I&W standards conditions of plat approval as adopted by Cou—fan February 2,"M3: A1,199, B4, C1, D1, and E1 2. The pr shall be plaltl. 3. The deve shall cons the sanitary sewer services to Lots 1 and 2 using trenchless technology, &out distuMng the paved surface of Coachman Road. 4. The developer ;�,p�ide the trail easement necessary to construct the trail segment along the east sidffi ;oachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills CFurch Addition, in a form acceptable to the City Attorney. 5. The developer shall be responsible for construction of the trail along the east side of Coachman Road adjacent to this development (Oak Hills Church 2"d Addition). 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100 -year storm event elevation of Pond CP -1 (to elevation 835.2). 7. Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lots 1 and 2, Block 1. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. This development shall be responsible for cash park and trails dedications, payable at the time of final plat at the, rates then in effect. 10. All voted in favor. Motion carried 7-0 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2006 APPLICANT: Oak Hills Church PROPERTY OWNER: Oak Hills Church REQUEST: Rezoning/Preliminary Subdivision LOCATION: 1570 Yankee Doodle Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PF, Public Facilities SUMMARY OF REQUEST CASE: 16-RZ-04-03-06; 16 -PS -05-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 14, 2006 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Rezoning of 0.94 acres from PF, Public Facilities to R- 1, Single-family Residential, and a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW. '/a of Section 16. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 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: Planning Report — Oak Hills Church April 25, 2006 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 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." Planning Report — Oak Hills Church April 25, 2006 Page 3 BACKGROUND/HISTORY In 2005, Oak Hills Church proposed an amendment to the Comprehensive Guide Land Use Plan to create a LD, Low Density residential land use designation upon 0.94 acres in the southwest corner of the Oak Hills Church property to allow construction of two single-family homes. The City Council directed that the land use amendment be submitted to the Metropolitan Council. The Metropolitan Council did review the proposed land use amendment, and responded in November, 2005, indicating that "further action [by the Metropolitan Council] on this review is waived and the City may place this amendment into effect." Implementation of the land use amendment has been withheld pending the subdivision and rezoning applications. The applicant also petitioned the City to vacate the drainage, and utility easements in the southwest corner of the property to allow for this application and development of two residential lots to occur. A public hearing on the vacation was held on July 5, 2005, and action was taken to continue consideration of the vacation request to be concurrent with the final subdivision application for the property. EXISTING CONDITIONS The site proposed for the two single-family lots is at the southwest corner of a 7.0 acre lot which contains a church on the northern portion of the property, and has a pond covering the southeast portion of the property. The0.94 acre site is between the pond and Coachman Road, is vacant and contains some wooded areas. The land slopes down to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal ' Oak Hills Church proposes to establish two single-family lots on the southwest corner of their property on Coachman Road. "It is the Church's intention ... to construct 2 single- family homes on the portion of the property to be rezoned ... [and] to maintain ownership of at I . D Existing Use Zoning Land Use Designation North Commercial NB, Neighborhood Business RC, Retail Commercial East Single-family residential PD, Planned Development LD, Low Density Residential South Single-family residential PD, Planned Development LD, Low Density Residential West City Maintenance/Water Treatment Facilities PF, Public Facilities QP, Quasi -public/ Institutional EVALUATION OF REQUEST Proposal ' Oak Hills Church proposes to establish two single-family lots on the southwest corner of their property on Coachman Road. "It is the Church's intention ... to construct 2 single- family homes on the portion of the property to be rezoned ... [and] to maintain ownership of at I . D Planning Report — Oak Hills Church April 25, 2006 Page 4 least one of the lots to construct a single-family house. The other lot may be sold on the market to someone willing to construct a compatible house for the area." Compatibility with Surrounding Area — Compatibility with surrounding uses was considered in the evaluation of the land use amendment to establish a LD land use on the 0.94 acre site for two single-family homes. The applicant's narrative states "We believe that the residential lots are completely compatible with the surrounding area .... While the area immediately west is the existing City of Eagan maintenance facility, we believe that the continuation of the single-family to the north allows for this type of use on the parcel." Densi — Two lots on 0.94 acres results in a density of 2.13 units per acre. Lots — Each lot is approximately 85' wide by 240' deep. The lots extend into the pond area. The gross area of Lot 2 is 20,400 sq. ft. (.468 acres) and of Lot 1 is 20,538 sq. ft. (.47 acres). The estimated area above the required easement area over the pond is about 8,750 sq. ft. for each lot. Setbacks — R-1 setbacks will apply to both Lots 1 and 2. Minimum required setbacks are 30 feet from Coachman Road, and 10 feet from side lot lines (5 feet for garage) and 15 feet from rear lot lines. Because the rear yard extends into the pond, the constraint will be the drainage and utility easement as structures cannot be placed within the easement area. Site Plan — The site plan shows two conceptual building pads that satisfy the R-1 setback requirements. With the vacation of the easement, the lot depth is approximately 70 feet between the front lot line and the new easement line. Applying the minimum 30 foot front yard setback, a building depth of approximately 40 feet could be accommodated on each lot. Applying the R-1 side yard setbacks to the 85 -foot wide lots results in a possible building length of approximately 70 feet. Thus, a building pad area of approximately 70' x 40' can be accommodated on each lot. Gradin Topography — The site is wooded and generally slopes to the east toward the existing pond on the site. Utilities — Water main service is readily available to serve the proposed development. Sanitary sewer service is available from existing sanitary sewer along the west boulevard of adjacent Coachman Road. 'Because Coachman Road was recently overlayed (City Proj. 917 in 2005), the developer should construct the sanitary sewer services to Lots 1 and 2 using trenchless technology, without disturbing the paved surface of Coachman Road. Access/ Trails — The driveway accesses for both lots are proposed directly onto Coachman Road. A City trail along the entire length of the Oak Hills Church property (east side of Coachman Road) was proposed with City Project No. 917 — Coachman Road Street, Improvements, but denied by the City Council due to the objections from Oak Hills Church regarding trail easement 11'. Planning Report — Oak Hills Church April 25, 2006 Page 5 dedication required on their property, and assessments. A trail is warranted at this location in accordance with the City's Community Trail System Policy (Dec. 2004). With this development of the property, the developer should provide the trail easement necessary to construct the trail, as well as be responsible for construction of the trail along Coachman Road adjacent to the property proposed to be subdivided in the southwest corner. Easements/ Permits/ Right -of- — The development property is adjacent to Pond CP -1 (as designated in the City's Storm Water Management Plan). Drainage & utility easements were dedicated over Pond CP -1 (as designated in the City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to provide for flood storage for large runoff events. To accommodate this development proposal, a portion of these easements in the southwest corner of the lot would need to be vacated. The City Council has held a public hearing for the vacation, but continued action until final subdivision consideration of this development. The easement required to be vacated would be over Pond CP -1 in the southwest corner of the property to 3 feet above the calculated 1% rainfall event pond level, in accordance with current City standards.. Wetlands/Water Quality —This proposed 0.94 -acre subdivision is located adjacent to City Pond CP -1, which is in the state public waters inventory (#19-0138W). There are no proposed impacts to this wetland. Due to the size and nature of this residential subdivision, -water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. Tree Preservation — Individual. Lot Tree Preservation Plans will be required at the time of building permit application for both Lots 1 and 2. Parks and Recreation — This development is responsible for a cash parks and trails dedications, payable. at the time of final plat at the rates then in effect. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from PF to R-1 and a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the Oak Hills Church property south of Yankee Doodle Road and east of Coachman Road. This proposal is consistent with requests in 2.005 for vacation of the drainage and utility easements over the site and for a Comprehensive Guide Plan Amendment to change the land use designation from PF to LD on the .94 acres. The proposed lots meet R-1 dimensional and lot area requirements. R-1 zoning standards will apply to the new lots. 72- Planning Report — Oak Hills Church April 25, 2006 Page 6 Construction of the proposed the sanitary sewer services to Lots 1 and 2 should be done using trenchless technology, without disturbing the paved surface of Coachman Road because the road was overlayed in 2005. With this development, the church should provide the trail easement as well as be responsible for construction of the trail along Coachman Road, consistent with the City's Community Trail System Policy (Dec. 2004). ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 0.94 acres from PF, Public Facilities to R-1, Single- family Residential located, located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/a of Section 16. To recommend approval of a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW '/a of Section 16. If approved, the following conditions should apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B4, C1, D1, and E1 2. The property shall be platted. 3. The developer shall construct the sanitary sewer services to Lots 1 and 2 using trenchless technology, without disturbing the paved surface of Coachman Road. 4. The developer shall provide the trail easement necessary to construct the trail segment along the east side of Coachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills Church Addition, in a form acceptable to the City Attorney. 5. The developer shall be responsible for construction of the trail along the east side of Coachman Road adjacent to this development (Oak Hills Church 2°d Addition). 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100 -year storm event elevation of Pond CP -1 (to elevation 835..2). 7. Individual Lot Tree. Preservation Plan shall be. submitted at the time of building permit application for Lots 1 and 2, Block 1. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. This development shall be responsible for cash park, and trails dedications, payable at the time of final plat at the rates then in effect. 75 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered. over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 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 dedicateadequate 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 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in .accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. LEI 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 Devised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 15 Location Ma p Eagan Boundary e�,p�� Parka Building Footprint � P I,V�C 0g tr Y4�JF�t 4,v'y ® ® f Swap ® udj.`h'�j 'pii'N��yrny 9 d.�l7,i �bhE 13�✓� 4� Oman I a� 16 ®' �® ®®® ub SOct ®® ®®E®EfA Site0 ® I low A� AFM a1100 IL t`fi m an wro a n ° u uu ° USE e IS an an as 11 ■ g s v ! ® �i a� mile aP ® � $ • 9 i �" " A 1d ,,U '{ 7 #"s .31URi ®® ® ®S LCtil�V', ® + ® 8 QO ^ Canph r 'Aa 'rc ipys M M. ..... ���;�-'�L��'� 1F4 Dal • n..e'�; ft4�::y it 1000 0 1000 2000 Feet Development/Developer. Oak Hills Church Application: Rezoning, Preliminary Subdivision Case No.: 16-ItZ-04-03-06 and 16 -PS -05-03-06 Cityof Galan Map Prepared using E"l "now &1. Parcel bees map date provided by Dakota County 0f00e of 018 and is current as of April 2005 _7 to N W+ E THIS MAP IS INTENDED FOR REFERENCE USE ONLY communiq Dew--F-a at Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan oak Hies Church Land Use Map Case No 16-RZ-04-03-06 and 16-PS-05-03-06 Zoning Map -11 ID m R-4 A roa LB- NOP R-4 NB A RD Co nnicee DooDLe aoao� 77 Location �� Current Zoning: R-4 PF R-4 PF Public Facility PD R-3 PF m `hdm®' ® o P 91i00 0O 000 1100 Foot PD Comprehensive Guide Plan P Land Use Map mme m HD SA ols HD R co Location " O°°DKAROAD) E4 Fm Current Land Use Designation: aPD O H QP Quasi-Public/Institutional Coucll directed LD land use change to SA �� �t D�' Met CouncilEa QP ® �¢I/ EI a©� P 0S C am 0 600 1100 Foot A m rM I 1 n par0nt base map Information providedby Dakota. County Land Sway DepartmertDeamber 2608. ((��tt i� q� Zoning Information maintained byCmy Stag MyOf Eaka � 7 N W+ E l I THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County"do not guarantee the accuracy of this iftformatlon. 5 Is 8 Oil X19 if I S a e le °1— j, © � � � —,+ 0 ke it/ i L—T----------------=------------------------1 r----------------------------------------- -- p N all a tt e 1 jet 3IL A 1i Ij ja Ary r A. $: 111i 1l 110 � URI a II uIll N lh I ��PRELIM. PLAT 0 W w U W j•13 I C);;;'r a' .. r: GOVAI r."NAM uJ C3 I . C: CLLJ LIJ H; �.._. _ _ :: c� I '. l I I _ I I ." I I € I L-------------------------------- ``------ `� -- _� r----------------------------------------- -- p N all a tt e 1 jet 3IL A 1i Ij ja Ary r A. $: 111i 1l 110 � URI a II uIll N lh I ��PRELIM. PLAT 0 W w U W RECEIVEL t.eHf1 1:4 2006 9= -x YANKEE DOODLE ROAD SITE PLAN gi J O D r PY .4 �\ � 1 zar+raa'£ _ rn.nn GOONR CALL CALL YOOWCi NNYI.�LL•LLL>Q.II�.n.LLRL .177-1 MOLMON NOTNSP :� X.. _ ...., ., .,. 95LSITE LOCATION53-f_T` 5*_.;-ff.?.>`":';�? OAK HILLS CHURCH m.,uauooapaaalP uwltPaRN lan 1S dtyl of saw OL6901TLRi won RA•LomalsR mlmRAtNR NOT FOR CONSTRUCTION CI"f Y SUBMIT-TAL MARC11152W8 ' n t OAK HILLS CHURCH SUBDIVISION EAGAN. M1V A LANDFORM .LA D ORM nINNLAPOLI3•PHOENIH Ivcvnc. aoncuar. NLLAQILI PLmal FAB"commww a DEMON w RAN C1.1 RECEIVED MAR 1-4 2006 _ .. LX7 O.... . x O D r PY .4 �\ � 1 zar+raa'£ _ rn.nn GOONR CALL CALL YOOWCi NNYI.�LL•LLL>Q.II�.n.LLRL .177-1 MOLMON NOTNSP :� X.. _ ...., ., .,. 95LSITE LOCATION53-f_T` 5*_.;-ff.?.>`":';�? OAK HILLS CHURCH m.,uauooapaaalP uwltPaRN lan 1S dtyl of saw OL6901TLRi won RA•LomalsR mlmRAtNR NOT FOR CONSTRUCTION CI"f Y SUBMIT-TAL MARC11152W8 ' n t OAK HILLS CHURCH SUBDIVISION EAGAN. M1V A LANDFORM .LA D ORM nINNLAPOLI3•PHOENIH Ivcvnc. aoncuar. NLLAQILI PLmal FAB"commww a DEMON w RAN C1.1 RECEIVED MAR 1-4 2006 ow 1-11m T m m G) Z G) 00, RTE O ALL Mao, N ALL., me X, 0-�- 14carm mw%mm� 0 w 40 SCALE JIN PKILT U-12 NOTES: --2 17.nGRADING & PAVING WOTES!F.2-7.7=—., SEROSION CONTROL NOTES;"_ --n..., NOT FOR CONSTRUCTION WGWE PAD DETAIL CITY SUBMIT'T'AL MARCH IM MW OAK HIUS CHURCH SUBDIVISION LANDFORM FULL BASEMENT WALK-OUT(WO!® HOLD DCtN DETAIL EK09Mcorwanm C3.1 RECEIVED, -.,,I 1.4 M ON NOTES a's^-:%'`�='>'S '3UTNITY NOTE3-1'.T:"=-:e'z-�-:—= LANDFORM MINNEAPOLIS•PNOENIR OAK HILLS CHURCH GOPHTATE ON CALL �awsrt� INIAIMLEnoaucnolm CALL yumi . �. awllR.Ps.•sm.101.O.r.l C4.1 RECEIV _,j MAR 14 2M EEONOI R4IOlf WOITI ]IA JOE RIQR OANFI(AliOl PRSJMNARY NOT FOR CONSTRUCTION _.. VNl III... WIV IIWI CliRiliViCif1N LANDFORM MINNEAPOLIS•PNOENIR GOPHTATE ON CALL �awsrt� NbNRno UENI01 umnrrtw CALL yumi . �. awllR.Ps.•sm.101.O.r.l C4.1 RECEIV _,j MAR 14 2M Written Narrative for Oak Hills Church Oak Hills Church is requesting a Preliminary Subdivision and rezoning on a portion of their, property to allow for the development of 2 single-family residential lots in the southwest corner of their property. The existing land use is Quasi -Public with an existing church occupying the site. A large portion of the south half of the site is a wetland area. Oak Hills Church received approval in 1997 to construct a church on a 7.09 acre parcel located at the southeast corner of Yankee Doodle Road and Coachman Road. The parcel was previously guided for medium -density residential development. The church development occurs on the north half of the property. The remaining parcel is generally comprised of wetlands. However, there is a non -wetland area along Coachman Road particularly in the southwest corner of the 7.09 acre parcel. This area abuts an existing single-family residential development to the south. The lots would be located generally east of the existing maintenance facility access to Coachman Road. The current Comprehensive Guide Plan designation is Low Density Residential (LD) based on a Comprehensive Guide Plan Amendment approved by the City of Eagan in the fall of 2005. It is our intention with this application to rezone the subject property to now be consistent with the comprehensive guide plan. The surrounding land uses and zoning within 660 feet of the property consist of public facility to the west (City owned property);.a planned development of single-family residential to the south; a planned assisted living facility to .the. east; and neighborhood business and limited business on the north side of Yankee Doodle Road. It is the Church's intention, upon receipt of the approval of the rezoning and preliminary subdivision plan, to construct 2 single-family homes on the portion of property to be rezoned. The intention is for the church to maintain ownership of at least one of the lots to construct a single-family house. The other lot may be sold on the market to someone willing to construct'a compatible house for the area. Construction of the two homes would be constructed in late 2006 or early 2007. We believe that the residential lots are completely compatible with the surrounding area. The area to the south is already existing single-family residential houses and there is sufficient separation from the area of the proposed lots to the existing church facility. While the area immediately to the west is the existing City of Eagan maintenance facility, we believe that the continuation of the single-family to the north allows for this type of use on the parcel. City infrastructure is available at the site and while the entire area has a drainage and utility easement over the lots, there area no utility in the areas that will be in conflict with this development. We are confident that the City of Eagan will benefit from providing additional quality residential area in the community. R C�IV�D MAR 14 Agenda Information Memo May 16, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION CSM (WATERS ANNEX) ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for one office building and three office/warehouse buildings upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1" Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions, listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site is vacant, lightly wooded with rolling topography, and contains three wetland areas. The eastern portion of the site contains a wetland area and a, ridge fine that is heavily wooded. ➢ The applicant is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings, and a Preliminary Subdivision to create four lots. ➢ Each of the buildings will need Final PD approval prior to construction. ➢ Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. ➢ The building design appears compatible with other existing buildings in this area. ➢ No filling, draining or excavating of existing wetlands is proposed. ➢ Tree removal is proposed in an amount less than allowable limits. ➢ The developer has indicated a willingness to incorporate low impact development (LID) strategies for this project. 60 DAY AGENCY ACTION DEADLINE: Extended to July 13, 2006 ISSUES: ➢ In response to the APC's comments regarding building materials, CSM made some adjustments in the loading dock areas so those elevations will use two materials rather than one. CSM also provided calculations verifying that the 65% of Class I materials are utilized. While only two Class I materials are used, the rockface CMU is proposed to have a finish that looks like stone, so the appearance will be that of three different materials -- brick, glass and stone. ➢ CSM has clarified the parking calculations for the office building on Lot 4. Staff has' reviewed the calculations and based on the area of 171,200 sq. ft. for the 3 -story office building, the applicant's proposed 913 parking stalls do meet City Code requirements. ➢ CSM is showing a proof of parking area on Lot 1 for the 20 -stall shortage for the building Lot 2. The parking area behind Lots 1 and 2 allows for free. movement between the lots and combined the area would provide the required parking for both lots. An easement benefiting Lot 2 would be executed over the excess parking on Lot 1 to ensure availability of parking for each lot. ATTACHMENTS (3): April 25, 2006 APC inutes, pages through Staff Report, pages through � Correspondence, revised elevations, and proof of parking plans from CSM dated May 8, 2006 D. Waters Annex Applicant Name:CSM Equities INC Location:Lots 1&2, Block 1, Silicon Graphics 1st Addition Application: Preliminary Planned Development A Preliminary Planned Development for 4 office/warehouse buildings. File Number: 01 -PD -01-03-06 Application: Preliminary Subdivision A Preliminary Subdivision of 45.52 acres to create 4 lots. File Number: 01 -PS -06-03-06 Planner Dudziak introduced this item and'highlighted the informationgp nted in the City Staff report dated April 19, 2006. She noted the background and history .. Paul Vetter, Director of Architecture for CSM asked for consic,atiorr.51gondition number 9 with respect to parking. He stated they are comfortable with the aunt of j&- as proposed. Chair Hey! opened the public hearing. There being no public comment, Chair Heyl close-rdlfigpyblic homing and turned' °tom discussion back to the Commission. - Member Matthees moved, Member Gladhill seconded a moIR&Lo recommend approval of a Preliminary Planned Development for 06gpffipe building an—e office/warehouse buildings and a Preliminary Subdivision to create* i - on approxi l 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon GF" hic dition, loc96d east of Lone Oak Drive and Lone Oak Parkway in the SW'/ of Sectlqo su4ok �Aing conditions: 1. A Preliminary PlannnentAgreerent shall be"executed and recorded with the Dakota County R4Mrder's o0ft. The follow'qg plans are required for the Preliminary Planned Developm green: • Pre-fi "'"teal)�- mi� Bn - Preli@Rlfia bns eliminandscape (flan • P- tinaryg%Plan 2. �VKR-L-_Planned Deve1WRent Adir ent shall be executed for each phase and lot within the d—' ment site. TUVollowifig plans are ,necessary for the Final Planned Development Agreemb Final SO Plan •==-Final Building Elevations •. `Site Lighting Plan • Fibal Landscaping Plan • Final Signage Plan 3. The property shall be platted. 4. Warehouse is limited to 40% of the building area for each of Lots 1, 2 and 3. Warehouse use is not permitted on Lot 4. 5. Outside storage within this Planned Development shall be prohibited. 6. Any outside trash storage shall be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. 7. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site 8. Revised architectural buildings elevations shall be submitted at the time of Final PD. Building design and materials shall comply with the City's architectural standards ordinance and be compatible with the other buildings in this Planned Development. 9. Parking shall be provided on each lot in an amount that satisfies City Code requirements. Parking shall be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet the parking requirements. 1.0. The architect shall provide calculations for the allocation of different exterior materials for each building at the time of Final Planned Development. 1 Each building shall be allowed one free-standing monument sign. Building signage will be subject to City Code standards. 11. Site lighting shall be indirect and diffused or shielded. Lighting shall not.be directed upon public rights-of-way and the source of light shall not be visible frog property. 12. The same light fixtures shall be utilized throughout the development. 13. The Final Landscape Plan shall be signed by a registered Lalftape Architect. 14. The planting specs for the Landscape Plan shall be revis --yb irrftate "no mulch in direct contact with the tree trunk." 15. The developer shall submit an updated wetland delinekion report to"V& ity for formal acceptance prior to Final Subdivision and Final Plad ed Development 6m—val. 16. Stormwater runoff shall be managed by construdon of three treatment poNCL§� ndLby reducing runoff through disconnected roofto ;.fration aeras, filtration swand proof of parking areas. 17. Wetland buffer protections shall be applied according �liminary standards of the Water Quality Task Force, to the extent it ia..reasonable and p wical for the development. 18. This development shall comply withCity of Eagan Trewk.eservation Ordinance. The Preliminary Development Plans show ; val within thF�- le limits. Any additional tree removal necessary duririk, c6n- ..w - ion will be sect to review by the City Forester for compliance with the Tree Pri�ervattl fi; inance4nd any mitigation requirements, if necessary._ 19. This developments „ :ect to a casl"�edication cdrparks and trails, payable at the time of building perms at the s then in effort. All voted in favor. Motioried 7.�. Member Mated, MeffiTw Gladh-Hrs—swnded a motion to recommend approval of a Prelim Iili#ry Subdi0' :to cre-fur lots upon approximately 42.5 acres legally described as Lots 1Q, Block 1, Sili"aphi&M-Addition, located east of Lone Oak Drive and Lone Oak Parl i the SW % of Ston 1 suTobt to the following conditions: 1. The devee�shall com&with these standards conditions of plat approval as adopted by Council on Fdbr-uary 2,19'93: Al, B1, B3, B4, C1, C2, C4, D1, and E1 . 2. The property s' a piled. 3. The applicant sh-alffiact the City Forestry Division and set up a pre -construction site inspection at least,e days prior to the issuance of the grading permit to ensure compliance with the approved-rree Preservation Plan and placement of the Tree Protection Fencing. 4. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. 7. Modification median openings on Lone Oak Drive. and Lone Oak Parkway necessary to accommodate two of the proposed accesses shall be the responsibility of the developer. 8. Evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, allowing for use of the existing service drive over Lot 1, Block 1 Cray 2nd Addition (Ecolab) shall be provided prior to final subdivision approval for this development. 9. The developer shall submit an updated' wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 11. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, to the extent it is reasonable and practical for the development. 12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the alloVtbp limits. Any additional tree removal necessary during construction will be sect to review by the City Forester for compliance with the Tree Preservation OrdinancdMftd any mitigation requirements, if necessary. 13. The developer shall be required to contact the City Forest Divisi&-Mmd schedule a pre - construction site inspection at least five days prior to.A seuance Afi arading permit to ensure compliance with the approved Tree Presetion Pian and place of the Tree Protection Fencing.~~ 14. This development shall be subject to a cashdightion for marks and trails, p . • e at the time of building permit at the rates then in effect. All Vn4nr) in f'vnr IUnfinn f mrAmA 7_n 0 PLANNING. REPORT CITY OF EAGAN REPORT DATE: April 19,.2006 APPLICANT: CSM Equities, LLC PROPERTY OWNER: CSM Equities, LLC CASE: 01 -PD -01-03-06; 01 -PS -06-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 REQUEST: Preliminary Planned Development PREPARED BY: Pamela Dudziak Preliminary Subdivision LOCATION: East of intersection of Lone Oak Drive and Lone Oak Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CSM Equities is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW '/4 of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable . plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. qo Planning Report— Waters Annex (CSM Equities) April 25, 2006 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, 'or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan. Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 9/ Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 3 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDMISTORY The property was platted in its current configuration as Lots 1 and 2, Block 1, Silicon Graphics 1" Addition in 2001. Prior to that, the western portion of the property was platted as outlots in the Lone Oak Addition dating back to 1985, and the eastern portion was platted as outlots in Cray Addition in 1988, and Cray 2"a Addition in 1989. The property is currently zoned PD, Planned Development. In 2001, Silicon Graphics received Final Planned Development approval for a four-story 110,000 sq. ft. office building and. a two- story 60,000 sq. ft. office building to be constructed on existing Lot 2. To date the development has not occurred and the site remains vacant. In 2002, the City adopted a Special Area Plan within the City's Comprehensive Guide Plan that. sets forth policies and specific land uses for development in this area. The subject site is designated for'Office/Service uses and the policies specify office, office/showroom and research and development uses for the property. EXISTING CONDITIONS The site is vacant and contains three wetland areas. A majority of the site is lightly wooded with rolling topography. The eastern portion of the site contains a ridge line that is heavily wooded and a wetland area. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: 92 Existing Use Zoning Land Use Designation North Northwest Airlines PD, Planned Development SA-O/S South Office/warehouse PD, Planned Development SA-O/S; SA -BP East Ecolab PD, Planned Development SA-O/S West USPS; Office/warehouse PD, Planned Develo ment SA -BP 92 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 4 EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed office and office/warehouse uses are consistent with the surrounding area which is developed with similar uses. The City's Comprehensive Guide Plan designates vacant properties for similar uses. Proposal — CSM Equities is combining existing parcels and subdividing the site into four lots. The proposed Preliminary Planned Development establishes a plan for four buildings — one office building and three office/warehouse buildings. This new Preliminary Planned Development would replace the existing Final PD pertaining to the site and create a new, site layout. Each of the four lots will require a Final PD approval prior to construction. Each Final PD approval will be handled administratively and submitted to the City Council for approval as a consent item, provided the Final PD is consistent with the Preliminary PD approval. The Phasing Plan indicates Lot 1 will be constructed first, followed in order by Lots 2 and 3, with Lot 4 being the final phase. Conforming Plan — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Because the property currently has PD zoning and the use is consistent with the Comprehensive Guide'Plan and the existing PD for this site, a separate conforming plan was not submitted. The O/S land use designation specifies NB and RD as compatible zoning districts. Staff has applied the RD bulk standards in the evaluation of this development proposal. RD is a comparable zoning district for the proposed use and is compatible with the SA-O/S land use designation. The proposed warehouse use is not allowed in RD zoning, but in conjunction with a substantial office use, is compatible with surrounding development. Staff suggests limiting warehouse to the proposed 40% on Lots 1, 2 and 3, and specifying 100% office use for Lot 4, as proposed. Specific deviations from typical RD zoning standards are identified in this report. 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 in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. The City's adopted Comprehensive Guide Plan currently designates the area as SA-O/S, Special Area — Office/Service. The site is located 4.0 miles southeast of the north -south runway at MSP. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within 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,office, office/warehouse, and office/showroom uses will be considered a compatible within Zone 4. q3 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 5 Lots — The proposed subdivision consists of four lots. For comparative purposes, the RD zoning requirements are applied. Lot areas are as follows (the net area is the gross area less drainage easement area): The RD zoning district does not specify a minimum lot area, but identifies that a district area must be 40 acres in size. The proposed development site consists of 42.5 acres. The RD zoning district also requires a lot width of 300 feet; each of the proposed lots has at least one dimension that exceeds 300 feet. Preliminary Planned Development: Bulk Standards — The RD zoning district was selected as a comparable zoning district based on the Special Area land use designation of O/S, and proposed office and office/warehouse uses. Setbacks - The RD zoning district establishes the following building and parking setback requirements. The Site Plan shows all four lots'satisfy these setbacks. Building Setbacks Parking Setbacks Front Yard ( Public ROW) 40 feet 20 feet Side Yard 20 feet 5 feet Rear Yard 20 feet 5 feet Building Coverage - The RD zoning district establishes a maximum building coverage ratio of 20%. The 20% limit is exceeded on Lots 1 and 2; Lots 3 and 4 are both under 20%. The total building coverage is 12.42% of the site. Coverage by lot is identified below. Green Space — Per the RD zoning district standards, a minimum of 25% of the site must be green space. As proposed, this minimum green space is satisfied for each lot, and for the entire site is 57%. Lot Gross Area Net Area Lot 1= 5.54 acres 4.28 acres Lot 2 = 5.32 acres 3.90 acres Lot 3 = 6.98 acres 5.96 acres Lot 4 = 24.68 acres 23.10.acres The RD zoning district does not specify a minimum lot area, but identifies that a district area must be 40 acres in size. The proposed development site consists of 42.5 acres. The RD zoning district also requires a lot width of 300 feet; each of the proposed lots has at least one dimension that exceeds 300 feet. Preliminary Planned Development: Bulk Standards — The RD zoning district was selected as a comparable zoning district based on the Special Area land use designation of O/S, and proposed office and office/warehouse uses. Setbacks - The RD zoning district establishes the following building and parking setback requirements. The Site Plan shows all four lots'satisfy these setbacks. Building Setbacks Parking Setbacks Front Yard ( Public ROW) 40 feet 20 feet Side Yard 20 feet 5 feet Rear Yard 20 feet 5 feet Building Coverage - The RD zoning district establishes a maximum building coverage ratio of 20%. The 20% limit is exceeded on Lots 1 and 2; Lots 3 and 4 are both under 20%. The total building coverage is 12.42% of the site. Coverage by lot is identified below. Green Space — Per the RD zoning district standards, a minimum of 25% of the site must be green space. As proposed, this minimum green space is satisfied for each lot, and for the entire site is 57%. Lot Building Coverage Green Space Lot 1 22.77% 33% Lot 2 26.74% 25% Lot 3 14.67% 56% Lot 4 6.37% 69% Overall 12.42% 57% qV Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 6 Building Height — Building height in the RD zoning district is limited to 45 feet. The three buildings on Lots 1, 2, and 3 are proposed to be one story. One architectural drawing was submitted for a typical building on Lots 1 and 2 and shows the height at 23- 24 feet. The building on Lot 3 will be similar in design, but will not be the L -shape shown for Lots 1 and 2. The building on Lot 4 is proposed to be three stories, and architectural drawings were not submitted for that building. Architectural elevations will be required at the time of Final PD and should comply with the applicable height limit of 45'. Trash Enclosure/Mechanical Equipment — The Site Plan does not show a trash enclosures. If the trash is not stored inside the buildings, it must be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site. Parkin — The parking was evaluated based on the use submitted by the applicant — 60% office and 40% warehouse for Lots 1, 2, and 3, and 100% office for Lot 4. Under this assumption, required and proposed parking are as follows (proposed parking numbers include proof of parking areas): Parking calculations may, vary with a the allocation of use (office and warehouse) within the buildings. The largest deviation based on the above calculations is for Lot 4., the three-story building, 100% office. While parking deviations can be accommodated through the Planned Development, parking should be provided on each lot in an amount that satisfies City Code requirements. Parking will be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet ordinance requirements. Building Architecture/Exterior Elevations — Exterior elevations were provided for the office/warehouse building proposed for Lot L. A similar building will be constructed on Lots 2 and 3. Lot 4 is multiple stories and 100% office, so may differ from the typical elevation shown. The Lot 4 building will be reviewed at the time of Final PD for consistency of materials and architectural features utilized on the other three buildings. Building materials consist of brick and glass, with a rock face concrete masonry unit base. The building is designed with multiple doorways and architectural features such as entrance canopies, pilasters flanking the entrances, variations in materials and roof lines, that visually break up the expanse of building both horizontally and vertically. The elevations in the loading area are rock face CMU and utility brick. q5 Required Proposed Difference Lot 1 207 207 0 Lot 2 232 212 -20 Lot 3 170 174 +4 Lot 4 1096 925 -171 Parking calculations may, vary with a the allocation of use (office and warehouse) within the buildings. The largest deviation based on the above calculations is for Lot 4., the three-story building, 100% office. While parking deviations can be accommodated through the Planned Development, parking should be provided on each lot in an amount that satisfies City Code requirements. Parking will be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet ordinance requirements. Building Architecture/Exterior Elevations — Exterior elevations were provided for the office/warehouse building proposed for Lot L. A similar building will be constructed on Lots 2 and 3. Lot 4 is multiple stories and 100% office, so may differ from the typical elevation shown. The Lot 4 building will be reviewed at the time of Final PD for consistency of materials and architectural features utilized on the other three buildings. Building materials consist of brick and glass, with a rock face concrete masonry unit base. The building is designed with multiple doorways and architectural features such as entrance canopies, pilasters flanking the entrances, variations in materials and roof lines, that visually break up the expanse of building both horizontally and vertically. The elevations in the loading area are rock face CMU and utility brick. q5 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 7 The City recently adopted a new architectural standards ordinance. While the ordinance does not strictly apply to PD zoning, it does apply to RD zoning, which is the basis for evaluation of this proposal. The pertinent ordinance requirements are summarized below: • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of brick, glass, natural stone, copper panels, and comparable or superior materials, and utilize at least three such materials. • Up to 35% of the building may be comprised of specialty concrete block (including rock faced block), masonry stucco, EFIS, architecturally precast textured concrete panels, opaque panels, ornamental metal and other comparable or superior materials. The rear elevations facing the truck court do not meet the standards for multiple materials or types of materials; these elevations are utility brick or rockface CMU and utilize just one material:- The front elevations also do not meet the standards for multiple materials; these elevations consist primarily of brick and glass with a rockface CMU base. The 65% standard may be satisfied, but only two materials (brick and glass) make up that amount. The balance is rock faced CMU, which can be up to 35%. Two soldier courses of brick. create horizontal bands on the front elevations, resulting in the appearance of a different material and visually enhancing the building. The rear elevations facing the truck dock are screened by the building and will not be visible from the public right- of-way or off the subject site. The building materials are a deviation from the new architectural standards ordinance,.however, the proposed architecture and materials are consistent with other similar existing buildings in this area and investment in higher quality materials is concentrated on the highly visible facades of the building. The architect should provide calculations for the allocation of different materials at the time of application for Final PD. Signage — All signage should comply with City Sign Code requirements. Each building will be allowed on free-standing monument sign. A conceptual signage area approximately 3' x 16' is indicated for individual tenants on the building elevations above the entrances. Building signage will be subject to the City Code standards. Site Lighting — A site lighting plan was submitted for Lot 1 that utilizes 250 watt metal halide pole -mounted fixtures, mounted at a height of 25 feet. 250 watt metal halide wall -mounted fixtures are proposed for the rear loading area of the building.. The proposed fixtures appear to satisfy the design standards of the City ordinance. The same light fixtures should be utilized throughout the development. A Final Site Lighting Plan will be required at the time of Final Planned Development for each lot in this development. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way and the source of light shall not be visible from off the property. M/ Planning Report — Waters Annex (CSM Equities) April 25, 2006. Page 8 Landscaping — The landscape plan appears to be acceptable. A variety of plant materials are provided. A landscape feature is shown at each driveway entrance into the development, and is consistent in design throughout the development. A shrub feature is also provided at. the corner of Lone Oak Drive and Lone Oak Parkway. Loading areas are situated behind the buildings to minimize visibility from the public rights-of=way. With a sidewalk adjacent to the building, foundation plants are limited to only a few areas around the buildings. Landscaping is concentrated on the perimeter of the site where it also serves to screen the parking areas, at the main building entrances, and in parking islands. It appears that the entire site will be graded and prepared for construction, and the buildings constructed in four phases. A wetland seed mix is proposed around ponds B and C, and a prairie seed mix .will be utilized in other disturbed areas on the site, particularly around the wetland on the south end of Lot 4. A Final Landscape Plan will be required for each lot at the time of Final Planned Development. The Final Landscape Plan should be signed by a registered Landscape Architect. The planting notes indicate that shredded wood mulch will be used and anirrigation system installed. The planting specs should be revised to indicate "no mulch in direct contact with the tree trunk" as that can lead to rot at the base of the tree and compromise their long-term health and viability. Preliminary Subdivision: Gradin Topography —A majority of the site is lightly wooded with rolling topography and two wetland areas. The eastern portion of the site contains a ridge line that is heavily wooded with a wetland area that isnot proposed to be disturbed with this development. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. The size of the development and its proximity to existing wetlands make it a candidate for "low - impact" development (LID) techniques, which can include infiltration areas, reducing impervious surfaces, and open drainage. The developer is proposing several LID features within the site, and is also providing a standard storm sewer piping and ponding system for water quality and rate control purposes. A majority of the development will drain to the existing wetland in the center of the site after draining through three constructed storm water ponds. The wetland will discharge to the City's existing storm system within Lone Oak Drive and Lone Oak Parkway. 97 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 9 The developer should construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main stubs of sufficient size, depth, and capacity are available within Lone Oak Drive and Lone Oak Parkway for each proposed building. Streets/ Access/ Circulation — Public street access is available from Lone Oak Drive and Lone Oak Parkway along the west and north edges of the property. Access to the four lots is proposed at five locations. Modification of the median and median openings on Lone Oak Drive and Lone Oak Parkway is necessary to accommodate two of the accesses and should be the responsibility of the developer. Access for Lot 4 is also proposed onto the existing private service drive to Lot 1, Block 1 Cray 2nd Addition (Ecolab). Evidence of private ingress/ egress easement allowing for this use should be provided prior to final subdivision approval for this development. Water Quality — This proposed 42.5 -acre commercial development is in a relatively undeveloped portion of northeast Eagan. The developer is demonstrating efforts 1) to handle stormwater through a combination of traditional techniques and best management practices and 2) to avoid impacts to the three wetlands on the parcel. For stormwater, minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, etc.). The developer is not only proposing three traditional ponds to pre- treat runoff prior to the wetlands, but also reducing the runoff amount through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. Wetlands — For wetlands, a delineation report acceptable to the City in 2000 — as part of a previous proposal that did not move forward — identifies three wetlands on this parcel. This developer must submit an updated delineation report to the City for its formal acceptance. Two wetlands, one in the lower central portion of the site and one along the east edge of the site, are Type 4 wetlands, under the standard classification system of the U.S. Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes with soils that are usually covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, and bulrushes. In open areas, pondweeds, coontail, and water lilies may occur. The other wetland in the central portion of the site is a Type 2 wetland. Type 2 wetlands are inland fresh meadows vegetated primarily by reed canary grass, with some lake sedge and river bulrush. The developer is proposing no impacts to the wetlands by draining, filling, or excavating. The wetland subcommittee of the Water Quality Task Force is developing wetland management standards as part of Eagan's comprehensive water quality management plan update process. These standards would be applied according to wetland classifications that are based on ecological assessments and importance for flood storage or water quality protection. Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 10 The wetland subcommittee has already preliminarily classified about 100 wetlands. According to these classifications, the following buffer standards would apply to the wetlands associated with this development. Water Resources staff believes it is appropriate to apply these as specific conditions to the proposed Planned Development: Min. Buffer width** Avg. Buffer Width** protection Standards Structural Setback 30' or to upslope 6"-32" Stormwater treatment 52% edge of 100 year 6"-12" practices allowed within 25 from u slo e upslope high water level, 40� buffer; maintain at least edge of buffer East. Red Cedar 25' 15-45' 15' of buffer between the 6% whichever is greater practice and the wetland. **Add 20% to buffer width requirements in areas where slopes are 6% or greater. Tree Preservation - A tree inventory submitted with this application indicates that there are five - hundred fifty-three (553) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Oak 13" 6"-32" 290 52% Black Cherry 8" 6"-12" 102 18% Cottonwood 14" 12"-27" 66 12% East. Red Cedar 25' 15-45' 35 6% The balance of the tree inventory is comprised of a variety of deciduous trees, including species such as aspen, box elder, elm, willow, and ash trees averaging 12" in diameter. The development as proposed will result in the removal of eighty-nine (89) significant trees (16.1% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple -lot, commercial) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Parks and Recreation — This development will be subject to a cash dedication for parks and trails, payable at the time of building permit at the rates then in effect. Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 11 effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Water Trunk C/I $2,430/ ac 41.43 ac $100,675 SUMMARY/CONCLUSION CSM Equities is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition. CSM Equities is combining existing parcels and subdividing the site into four lots. The proposed Preliminary Planned Development establishes a plan for four buildings. The proposed office and office warehouse uses are consistent with the surrounding area which is developed with similar uses, however, warehouse should be limited only to the amount proposed. Each of the four lots will require a Final PD approval prior to construction. This proposal was evaluated against the RD zoning standards. Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. This submittal was prepared prior to adoption of the architectural standards ordinance. The number of building materials do not satisfy the recently adopted architectural standards. The building design appears compatible with other existing buildings in this area. No filling, draining or excavating of existing wetlands is proposed. Tree removal is proposed in an amount less than allowable limits. The developer has indicated a willingness to incorporate low impact development (LID) strategies for this project. An additional narrative dated April 14, 2006, relative to these strategies has been provided to staff and is included in the exhibits with this report. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section. 11 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 12 Preliminary Planned Development: 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following plans are required for the Preliminary Planned Development Agreement: e Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each phase and lot within the development site. 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. 4. Warehouse is limited to 40% of the building area for each of Lots 1, 2 and 3. Warehouse use is not permitted on Lot 4. 5. Outside storage within this Planned Development shall be prohibited. 6. Any outside trash storage shall be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. 7. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site 8. Architectural buildings elevations shall be submitted at the time of Final PD. The building design and materials should be subject to RD zoning requirements and should be compatible with the other buildings in this Planned Development. 9. Parking shall be provided on each lot in an amount that satisfies City Code requirements. Parking shall be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet the parking requirements. 10. The architect shall provide calculations for the allocation of different exterior materials for each building at the time of Final Planned Development. /d/ Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 13 11. Each building shall be allowed one free-standing monument sign. Building signage will be subject to the City Code standards. 12. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way and the source of light shall not be visible from off the property. 13. The same light fixtures shall be utilized throughout the development. 14. The Final Landscape Plan shall be signed by a registered Landscape Architect. 15. The planting specs for the Landscape Plan shall be revised to indicate "no mulch in direct contact with the tree trunk." 16. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 17. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 18. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, as identified in the Planning Report. 19. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 20. This development shall be subject to a cash dedication for parks and trails, payable at the time of building permit at the rates' then in effect. To recommend approval of a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics lst Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW %4 of Section, 1. Preliminary Subdivision: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B3, B4, Cl, C2, C4, D1, and E1 102- Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 14 2. The property shall be platted. 3. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with, the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 4. All erosion/ sediment control plans submitted.for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. 7. Modification median openings on Lone Oak Drive and Lone Oak Parkway necessary to accommodate two of the proposed accesses shall be the responsibility of the developer. 8. Evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, allowing for use of the existing service drive over Lot 1, Block 1 Cray 2°a Addition (Ecolab) shall be provided prior to final subdivision approval for this development. 9. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 11. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, as identified in the Planning Report. 12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The. Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 103 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 15 13. The developer shall be required to contact the City Forestry Division and schedule 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, 14. This developmentshall be subject to a cash dedication for,parks and trails, payable at the time of building permit at the rates then in effect. loq EM B. C. STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements and Rights -of -Way 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. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards; guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 105 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 G:Engineering/Forms/Standard Conditions of Plat Approval City Council September 15,1987 Revised: ' July 10,1990 Revised: February 2, 1993 Eagan Boundary N Right-of-way Location Ma p �Park cel AreaParkAreaa Building Footprint 4 Lj m F k r �i ry• l tigU fs�ggi4 i o.r o 1��1r P�14�i�pS' �, tt' i til �'attt j. i' npoM SE��r3 �,Q,s���rt������• 0 Sub ect Sit®�a, N � Vii.. bIM • irq'Fr�: y t y� t� F. f wpm ��wa,�t,�"LfS) 4vk qe 6 an • a gal a ® s ® 9F s tt (44f top Ak 1000 0 1000 2000 Feet Development/Developer. Waters Annex Application: Preliminary PD, Preliminary Subdivision Case Noe: 01 -PD -01-03-06 and 01 -PS -06-03-06 Cityof Eagan Map Prepared using EM AmVie w &I. Parcel base map detd provldad ) 0%" by Dakota County Office of GIS and Is current as of April 2006. I I N 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 f:ommusky Dewlspmant Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan water Annex Land Use Map Prelim PD/Prelim Subdivision 01 -PS -06-03-06 Zoning Map Current Zoning: Pd Planned Development 000 0 000 Inc Pm PD I Location A Comprehensive Guide Plan Ll Land Use Map SA Location Current Land Use Designation: SA SA O/S Special Area-Office/Servlce SA SA SA 800 0 000 1200 Fwl s I ivm r P\alltant%CSMW4011"an 0*gts\040110aCMdW Mar 2% 2006 - 9114M V - - 753 - • /�Y rr^^`.fir,` �\• .. ,�; _ /, ,1 tri •;' / O �•'i-'`Ji rl� 1�_- r ��i y 11�� �(� I•r� '1 /� ,l�i Z/ - 11 i�ir .. �.••-... yrl/ yrG•+ :1t� r C----- �:.� '- as •'.:' �a i �c-3, : ;,'x''5111 r � I i - • l r , i;i• ;�•`�. �� '••i: r moi` 'i -�ni. �t-��•;,li�� ..,�.��,.,. ti... i•.n_.�. 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N..PITE LIGHTING OOZ/6Z/E '5mp,tV-LMI931wqnS ad\(I°JS) xeuuy sjeqeM\eAgOV-sre{ad1000Z E I t k v � ° E LU C � E W_ 170 Nd ZT44 9 1(4 / r / o / / / / / / / I I „L—IITI. N..PITE LIGHTING OOZ/6Z/E '5mp,tV-LMI931wqnS ad\(I°JS) xeuuy sjeqeM\eAgOV-sre{ad1000Z E I t k C M 500 Washington Avenue South, Suite 3000 J Minneapolis, MN 55415 DEVELOPING REAL ESTATE FOR PEOPLE, BUSINESS & COMMUNITIES March 29, 2006 City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Waters- Annex (Oudot `G') PD Submittal — Written narrative Dear City of Eagan: In response to the requirements as outlined in the planned development checklist, I have compiled this narrative to provide site specific information describing land uses, schedule and the proposed public benefit for the above noted project as follows: The current zoning classification for the 42 acre "Waters- Annex" site bounded by Lone Oak Parkway and Lone Oak Drive is a "Planned Development". In keeping with the existing `Waters' office environment, the proposed development delineates a master site plan for a multi phased construction of four spec office /warehouse buildings. The schedule proposes the start of construction for building #7 seven by July, 2006, with construction drawing submittal by May 31", 2006. The schedule for the remainder of the buildings will be determined at a later date. The benefits of this project include the development of new spec office buildings on the 42 acre site which currently sits undeveloped. The new buildings will provide additional square footage space for future tenants as well as the potential for an increase in additional workforce and head of household job opportunities within the immediate community. Additionally, the proposed plan provides three ponds to maximize for on site water storage and infiltration to meet the National Urban Runoff Program (NURP)standards. Roof drains will be drained separately from the parking lot storm sewer conveyance systems. The cleaner roof water from buildings #7 	 will be discharged directly to wetland 1, and from building #8 into the trunk storm sewer in Lone Oak Drive. Opportunities for promoting additional water infiltration for some parking lot runoff may be possible during future development of lot 4 (building 10) if suitable soils are found. The easterly portion of the site generally has better soils, although the area is wooded. ' ,5 12.1 The majority of the site area proposed for improvement will ultimately. drain to the wetland 1, which is currently dry most of the year. The proposed design will encourage runoff flow to charge the wetland. Storage volumes provided in the pond and the wetlands will control the runoff frequency from the site. Finally, extensive landscaping consisting of trees, shrubs, green spaces and berming is proposed to provide screening adjacent to roadways and to enhance the site and bordering office /and corporate office buildings. +Jeph , Co ti, A.I.A. Senior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 RECEI QO6 Ifn 1zz April 14, 2006. C 500 Washington Avenue South, Suite 3000 M Minneapolis; MN 55415 APR 14 2006 DEVELOPING REAL ESTATE .FOR PEOPLE, BUSINESS & COMMUNITIES City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Waters- Annex (Out -lot `G') PD Submittal — Written narrative Dear City of Eagan: EAGAN NO.LqVWG DEPARTMENT APk 17d06 AN EN61N ING EPARTMENT In response to the requirements as outlined in the planned development checklist, I have compiled this narrative to provide an introduction into the site specific information describing the land uses, project schedule, public benefits and low impact development (LID) strategies for the above noted project. Introduction The current zoning classification for the 42 acre "Waters- Annex" site bounded by Lone Oak Parkway and Lone Oak Drive is classified as a "Planned Development" site. In keeping with the existing 'Waters' office environment, the proposed development delineates a master site plan for a multi phased construction of four spec office / warehouse buildings. The schedule proposes the submittal of construction drawings of building seven (0) by July 2006, with anticipated start of construction by September 2006. The schedule for the remainder of building (#8 thru #10) will be determined at a later date. The benefits of this project include the development of four (4) new spec office buildings on the 42 acre site which currently sits undeveloped. The new buildings will provide convenience amenities and additional square footage for future tenants, as well as an increase and expansion of the work force and head of household job opportunities at the Waters Corporate Center. Additionally, preliminary civil engineering work has incorporated several low impact design development strategies that have been identified as follows: Storm -Water Management Storm -water management measures in excess of the minimum requirements are proposed for the site. Additional piping will be provided to separate building roof drain runoff from the parking lot runoff. The cleaner roof runoff from Buildings 7 and 9 will be discharged directly to Wetland 1. Runoff from Building 8 will discharge directly into the trunk storm sewer system in Lone Oak Drive. Three on site ponds are proposed for storm -water treatment and runoff rate control. The proposed design provides a 30% increase in dead storage volume from the minimum required to meet National Urban Runoff Program (NURP) standards based on excluding rooftop runoff. Proposed filtration trenches will be constructed along the west side of the parking bays for Building 7 and Building 8. The runoff from portion's of the pavement will be directed through curb cuts to a vegetated swale running behind and parallel to the back of the curb line. Perforated drain tile pipes will be installed in the bottom of sand trenches to promote filtration pretreatment of runoff prior to discharge into the storm ponds. The drain tile will connect to catch basins located in the bituminous parking lots. The catch basin placement will allow for maintaining drainage during winter months when snow piles will be present behind the curb line. A portion of the concrete curb and gutter in the truck loading area north of Building 9 will be installed with a knocked down curb to direct runoff from the paved surface overland to Pond C without storm pipe conveyance. Runoff will flow over flat slopes vegetated with native seed mixes facilitating pretreatment prior to discharging to Pond C. Wetlands The proposed design provides for a minimum 30' grading buffer from two on site wetlands in accordance with the current City requirements. Construction is not proposed adjacent to a third wetland located on the easterly portion of the site. This project results in no net loss of wetlands. The majority of the site area proposed for development will ultimately drain to Wetland 1, which is currently dry most of the time. The proposed design will encourage direct runoff from building roofs as well as overflow runoff. of treated water from the storm water ponds to charge the wetland. Storage volumes provided in the ponds and wetlands will control the rate of runoff from the site. Wetland 2 does not have a pipe outlet. The proposed design will allow for maintaining approximately the same tributary area to Wetland 2 as the existing condition. Landscaping Extensive landscaping consisting of trees, shrubs, green spaces, and sodded berms is proposed to enhance the site and to.provide parking lot screening adjacent to roadways. Tree Preservation The design consists of the removal of 16.1% of existing trees. The allowable maximum removal percentage for this. type of development is 47.5% per the current City ordinance. The heavily wooded area and wetland on the east side of the site are proposed to be preserved in their natural state. Development will be concentrated on the westerly portion of the property. Grading is not proposed for the easterly side of the site. Site Soils Portions of the site.were previously used as a disposal site for unsuitable soils. The project will require the removal of a large quantity of unsuitable soils in structure locations at an extensive cost to CSM. The site soils are variable and are generally not conducive to promoting infiltration as a means of storm water treatment. Opportunities for promoting infiltration for some parking lot runoff may be possible during the future development of Lot 4 (Building 10) if areas of suitable soils are found. The easterly side of the site generally has better soils, although the area is wooded and is proposed as a tree preservation area. It is currently proposed to not disturb the easterly side of the site. Closing The project development has.been designed to work within the existing City zoning and building code requirements. In addition, the design makes every effort to maintain the existing trees at the Eastern boundary, as well as provide enhanced landscaped areas and implement low impact design strategies. cerely J seph o ti, A.I.A Senior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 May 8, 2006 M500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 DEVELOPING REAL ESTATE FOR PEOPLE, BUSINESS & COMMUNITIES City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Attention: Pam Dudziak Re: Waters- Annex PD Submittal Attachment (Out -lot `G') Dear Pam Dudziak: We would like to thank City staff, the Parks Commission, and the Planning Commission for the favorable response to our proposed development. We would like to take this opportunity to address several issues that have been discussed in the staff report and subsequently at the planning commission meeting on April 25, 2006. We are requesting that these madders be referenced as acceptable in the conditions of the resolution for Council approval of The Preliminary Planned development and.Subdivision for the Waters — Annex project Parldng We would like to clarify and present to the City Council for consideration and approval. The first issue appears to be a simple discrepancy between the calculations performed by us and by City staff for the required parking for building #10 on Lot 4. It appears the floor area calculation prepared by City staff was based on three times the first floor footprint of 68,480 square feet for a total floor area of 205,440 square feet. The proposed three story office building as depicted in the proposed site plan will have an area of 51,400 square feet for each of the second and third floors. The proposed floor area we are intending to present for approval was 171,200 square feet for Building #10 on Lot 4. The resulting required parking stalls for a 100% office use would be 913 stalls which exceeds the current zoning requirement by 12 stalls. With regard to Building #8, Lot 2, we are proposing to provide 212 stalls. Based on our experience of developing and operating properties with similar use, we feel the proposed parking is more than adequate to meet the needs of future tenants. The shortage in parking in relation to the current Zoning Requirement is less than 3%, if total available parking for Lots 1, 2, and 3 are considered. If Lot 4 is considered, the shortage for the entire site will be less than 0.30. The intent of the site parking plan is to spread out the stalls for each lot in order to emphasis the architecture and green areas. Additionally; we have designed the master site plan to allow for flexibility of parking to meet tenant requirements, and avoid the negative effect that large areas of parking can have upon a development. It was commented on by some members of the Planning Commission at the April 25, 2006 meeting that the current City Ordinance can result in some areas being .`over" parked. While there is sufficient space on the site as a whole to provide the additional parking, the site layout was designed to be sensitive to the wetlands, green space, and wooded areas. The three westerly lots are concentrated around the central wetland (Wetland 1). Lot 4 is laid out to avoid the treed ridge line east of the parking area. We are requesting approval to proceed with our parking site layout and development as proposed in our preliminary submittal plans. If necessary we could show additional proof of parking of 20 stalls on Lot 1 in the green space adjacent to Wetland 1. We would then further propose an easement over 20 parking stalls on Lot 1 in favor of Lot 2. The proof of parking could be. added on Lot 1 and the easement would be defined to provide access to parking for Lot 2 thereby bringing the total parking requirements for Lot 1 and Lot 2 up to the current City zoning requirements. A simple exhibit depicting the proposed easement and proof of parking is attached with this letter. RECEIVED MAY 0 0 2005 125 Architectural Ordinance The last issue concerns the recently adopted architectural ordinance. At the time of our submission, we were not aware that this new ordinance was going to be applied to our "PD" submittal and Office development project. Apparently the new Ordinance was approved as we were making final preparations for our submittal. However, the proposed building materials are consistent with similar existing office buildings in the area with additional materials being concentrated upon highly visible facades of the building. Additionally, the buildings are configured with an introspective layout in order to screen the back side were the utilities enter the building. This also helps to screen the larger areas of parking. We therefore believe this solution as presented captures the spirit of your new architectural ordinance. Closing Based on our experience with this type of development we believe the parking layout as submitted is adequate to meet the needs of future tenants for our targeted use. The parking layout is sensitive to the wetlands, green space, and wooded areas. If however, the City Council disagrees with the sufficiency of our proposed parking in the submitted site plan, we would seek approval to proceed with the course of action as described above. A separate exhibit is attached for your review. With regard to the architectural finishes matter, we believe the building plans do capture the spirit of the new requirements, and will support the city vision. Siice J eph Conti, A. 1. A enior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 RECEIVED MAY 0 9 2006 12('10 0 0 0 0 0 ms's Ef!In—E- 4�..g.a..a.�-}�M■ a.. �� .. ■■` ■_�■ 'ice .."ii —0�-� r� MV !a®lusrMno � enr a� � rtammrortwunn .. -1111111 111111 -O Q S 1 E- � ,�■..lxE..l. a to Atd3's� c 0 A = C7 N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA NORTH ELEVATION a. r�am.a�mne. .auxmumne rnnm '■ nns na■lei �T we - x1Pl1n1YALIGTpin4 rlMnler{fMrin. Y: ilw, =w - "r•�'pr:w •�uamasaY�`:+'xgNN�E _. $ws+awd::•:^-+s�v' 'T++ eE Y4._..ftn'="sm5. -_ �IAO®OilMrfl�. S•'. _....._._._. .. :. _.�.. :........fit -_ ... ...::,.,,,�..._ � ..... � rmounvnrt..a:-'-" rrs�mmrreau ram■ml.Rc. rrm® n:cxt■nn N - , EASTLLEVATION -O Q S 1 E- � ,�■..lxE..l. a to Atd3's� c 0 A = C7 N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA ZE) Agenda Information Memo May 16, 2006 Eagan City Council Meeting D. CONSIDER ADOPTION OF AN ORDINANCE AMENDMENT TO IMPLEMENT A CITY WIDE MORATORIUM ON, THE ISSUANCE OF LICENSES FOR THE HARBORING OF PIGEONS ACTION TO BE CONSIDERED: To consider adoption of an ordinance amendment to implement a City wide moratorium on the issuance of licenses for the harboring of pigeons. FACTS: On February 21, 2006 the City Council denied a license for the harboring of pigeons at 3880 Princeton Trail and directed the removal of the pigeons within 60 days. The Council further directed the preparation of an ordinance amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. • Before consideration by the City Council the application had been in process from late 2005 as the applicant made. changes to the structure in the yard and attempted to come into compliance with the various Code requirements for the issuance of a license. • The proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. • Rather than remove the pigeons as directed the applicant at 3880 Princeton Trail has continued to work on coming into compliance with the existing Code requirements so he can reapply fora license. • It appears unlikely that this applicant will get into full compliance as birds continue to be observed perching on neighboring property, etc.; however, it may be problematic to issue a citation before a final ordinance amendment is approved not knowing what form that might take and whether or not a residential lot such as 3880 Princeton Trail will eventually meet the zoning requirements for the harboring of pigeons. • Consideration of the licensing issue and the potential development of another ordinance amendment is scheduled for the June 13, 2006 Special City Council meeting. I29 • The pigeon owner who appeared at the March 6 meeting in opposition to the proposed new ordinance has also not completed a pigeon harboring license application as his location does not meet the current requirements in terms of land use and related property/structure issues. The applicant, is in the process of applying for variances to the accessory building code to allow for his coops. The proposed moratorium will affect the consideration of a potential pigeon harboring license application for his location as well. After discussion with the City Attorney's Office, staff has concluded that it is important to avoid consideration of a new application for 3880 Princeton Trail or any additional applications for any locations in Eagan until a new ordinance is in place. The proposed moratorium ordinance is therefore the most appropriate way to proceed and to protect the City's options. In addition to consideration of the proposed moratorium staff is asking for direction on how aggressively to pursue the removal of the pigeons at 3880 Princeton Trail. Staff is continuing to work with the applicant per his requests; however, he is attempting to come into compliance with the existing Code rather than move the pigeons. • Staff would like to schedule a meeting with the 3880 Princeton Trail applicant pending the outcome of the City Council's direction on this proposed moratorium and enforcement action to clearly lay out for him the City's future course. ATTACHMENTS: • Enclosed on page 1 )1 is a copy of the proposed moratorium ordinance amendment. WIN ZWFUUMV ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA REGARDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS — INTERIM USE STUDY" BY ADDING SECTION 12.06 ENTITLED "STUDY OF HARBORING CARRIER PIGEONS WITHIN THE CITY OF EAGAN". The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 12 is hereby amended by adding Section 12.06, to read as follows: Section 12.06. Interim Use: Study of Harboring Carrier Pigeons Within the City.. A On February 21 2006 the Eagan CjV Council directed a study to be conducted to review Section 10.12.Subdivision 7. of the Eagan City Code (Harboring Carrier. Pigeons) for the purpose of evaluating the current regulations and considering B All proverty located within the City of Eagan (the "Property") is affected by this interim. use ordinance. C This interim use ordinance is adopted and is applicable to the Property for the R=ose of protecting the Manning_ process and the health, safety and welfare of the City's residents. D. Commencing on the effective date of this ordinance and ending on September 30. 2006 or such sooner time as the Ciy Council may determine, the Property shall be subject to the following: 1 No Kermit for the permit for the harboring of carrier pigeons shall be accepted, reviewed, Rrocessed or issued. 2 No conditional usepermit shall be gpnroved or recommended for approval by the Planning Commission or the City Council for the harboring of carrier pigeons. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 151 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 169 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. SOUTHEAST EAGAN RENOVATION AND RENEWAL DISTRICT — Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1 and Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and Adopting a Tax Increment Financing Plan therefor E. NEW BUSINESS 1.. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement and Related Documents for Acquisition of the Nikolay and Natalia Brutsky Property (Minsk Market) at 3992 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Basil Dyab (Cedarvale Shell Station) Property at 3830 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT — The EDA will be asked to hold an executive session to discuss negotiations for the possible acquisition of the All American, Recreation properly at 3820 Sibley Memorial Highway. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. Agenda Information Memo Eagan Economic Development Authority Meeting May 16, 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 May 2, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the May 2, 2006 EDA meeting on Mes, 13` t 135 133 MINUTES OFA MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 2, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 2, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson 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 Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the April 4, 2006 meeting as presented. Aye: 5 Nay: 0 There were no items. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR ACQUISITION OF THE KENT MYERS PROPERTY AT 3900 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed purchase agreement for the acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Purchase Agreement for Acquisition of the Kent Myers Property at 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Aye: 5 Nay: 0 1 34 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR NEGOTIATIONS FOR LYNDON NELSON PROPERTY Community Development Director Hohenstein discussed the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize staff to enter negotiations for the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR STAFF TO SECURE OPTIONS ON POSSIBLE RELOCATION SITES FOR CEDARVALE MALL TENANTS Community Development Director Hohenstein discussed the need to secure options for possible relocation sites for Cedarvale Mall tenants. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize staff to secure options for possible relocation sites for Cedarvale Mall tenants. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:10 p.m. Aye: 5 Nay: 0 Date I1�:p Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 1. SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN ACTION TO BE CONSIDERED: To approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, ` Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and Adopting a Tax Increment Financing Plan for the District. FACTS: • The City of Eagan has reviewed the appropriate land use for an area in the southeast part of the City in the vicinity of Gun Club Road and Biscayne Avenue for a number of years. As part of its Comprehensive Plan Update, the City guided and zoned a portion of the area to retail commercial and neighborhood business in anticipation of potential development and redevelopment of the area in the foreseeable future. • When Revestors and Manley Development expressed interest in developing a portion of the area, the City entered into a predevelopment agreement with the companies 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. • At the same time, the City commissioned a Substandard Conditions Study by LHB Associates, which determined 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. • Revestors has prepared a prospective masterplan for the development of the site o illustrate how the currently proposed portion of the Red Pine development could extend by phases into the remainder of the prospective District. • Revestors 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 development and redevelopment. The City Council has scheduled a public hearing to consider creation of the TIF district, project area and plan on June 6, 2006. As a step in preparation for that hearing, the EDA must also act to adopt the redevelopment plan, establish the district and adopt the financing plan. • Background concerning the district and plans is outlined in the attachments. ATTACHMENTS: • Summary description of district on pages N through • Summary of substandard conditions on page 1(42- Consultant's 42Consultant's But For memo on page • Consultant's memo regarding the 1In' acts of eminent domain changes on the formation of the district on page • Resolution on pages through TLAo • TIF Plan and Redevelopment Plan enclosed without p14S • Location Map and Pictometry on pages through Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Eagan Southeast Eagan Tax Increment Financing District No. 1 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Southeast Eagan TIF District No. 1. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Adoption of a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1. Type of TIF District: A: renewal and renovation district Parcel Numbers: 1031$0005001 *a portion of 100360002179 103180004001 103180003001 100360002279 103180002001 103180001001 *Please note that this parcel is currently in the process of being subdivided and will be assigned a new parcel number. Proposed Development: The District is being created to facilitate the construction of a commercial and retail project in the City Maximum duration: The duration of the District will be 15 years after receipt of the first increment by the EDA or City (a total of 16 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2008. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2023, or when the TIF Plan is satisfied. Estimated annual tax Up to 245,879 increment: Proposed uses: The TIF Plan, contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition ...............................................$550,000 Site Improvements/Preparation........................................$350,000 Public Utilities..................................................................$200,000 Public Parking Facilities ...................................................$100,000 Streets and Sidewalks......................................................:.$300,000 Interest ....................................... .......................... $1,470,000 ..... ..... Administrative Costs (up to 10%) .................................... $330,000 TOTAL PROJECT COSTS ....................................... QQ!! See Subsection 1-10, page 1-6 of the TIF Plan for the full budget authorization. Additional .uses of funds are authorized which include inter -fund loans and transfers and bonded indebtedness. TIF Db&kt Overview Administrative fee: Up to 10% of annual increment, if costs arejustified. 4 Year Activity Rule After four years from the date of certification of the District one of the (§ 469.176 Subd 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) • If the activity has not been started by the approximately June . 2010, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments (§ 469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are considered to have been expended on an activity within the District if one of the following occurs: • The revenues are actually paid to a third party with respect to the activity • Bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the. five year period, or (ii) a reasonable temporary period within the meaning of the use of that term under §. 148(cxl) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund • Binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation • Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. Any obligations in the Tax Increment District made after approximately June, 2011, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District are included in Exhibit A of the City Council Adopting Resolution. Page 2 TIFDhWa OverWew MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1 Page,3 )40 -2 .a, 1 0 250 .500 Feet . ® AOaose TIFAma SOUTHEAST EAGAN REDELOPMENT PROJECT AREA NO.1 SOUTHEAST EAGAN TIF DISTRICT NO, I CRY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA iii SOUTHEAST EAGAN Renewal and Renovation TIF District SUMMARY SPREADSHEET M.WWrq 10BIX M M(Ramwal TIF Summery Spmadehmt &30.00.be11'mpedy hdo —f --N 1 LHB Project No. 050349.10 Page 1 Updated 3131/2006 15% of �DaBalanoha WF PID0 owmr NO, Prop"Addmp door SurMide0iad Veard Used SlteAmaComAm OW.)9LF Prmnt01 Oma Nad BuOdhrps 1 Replacement BuBdinw naptacammant gubWadarddatembW Mfo P+ -W 15% 10060MCade J Imprownerm (S.F.) Cost Cad Cod crDerta coda) criteria mblydrd Mgdrenead■ 103180006001 Menby LrMB c°'LIm-Ismed vacant No sidlo a 31M 0 0% 0 3A 100380002178 Red Pho Enbeprlme LLc UmWAPWd vacant No Bulphr8e BOAZ 14,80¢ 21% B0 0 Darabpnwrd Ca - 1 BleerynaAvamro Vacant No Bum6ge 3441 0 0% 0 �IDEJ31800rd Rfb Memn Bboyn°Avanw hrgnm No IiOdp 38,41 32,780 85% 38,41 0m Bunn Sdxmwdwr G m Cl b Road hnpmved hde Im S Brderbr 40, 7,115 18% 40,1 1 3308.000 344800 572,210 1 381,2W Ya 1?1831800VVmd 1 Bbc ym Avenue h vmnd Intmiar a Erdwbr 3441 /2,880 34% 3441 1 33843 358.548 $68.800 1 $78,084 No 0 1 103180001001 Dennb and Ja Hydr Bbaeym Avenin Irrorurad hdedr A Erderbr 30 26,370 67% 30 1 $49;0m $73.800 $87,420 1 599AM Yin 1 1 TOTALS 205,850 216,771 3 3 2 3 Totes Coverage Peron 75.5% Percent of buildings exceeding 15 percent code deficiency threshold 100% Percent of buhfings, determined substanda 67% Percent of buildings nmdng Subd. 10a. (1) (III) Regldremen 100% M.WWrq 10BIX M M(Ramwal TIF Summery Spmadehmt &30.00.be11'mpedy hdo —f --N 1 LHB Project No. 050349.10 Page 1 Updated 3131/2006 ja EHLERS & ASSOCIATES INC To: Jon Hohenstein Community Development Director, City of Eagan O From: Rebecca Kurtz, Ehlers & Associates W Date: May 11, 2006 ' Subj ect: Red Pine Crossing = But -For Analysis The City has received from the developers of the Red Pine Crossing Project a request for Tax Increment assistance. The City has asked Ehlers & Associates to review the developer's financials to determine if the level of the assistance requested is needed to make the project financially feasible. The developer provided to Ehlers financial information that contained details regarding expenses, revenues and other pertinent financial information as well as a sources and uses for various sizes of projects. After we reviewed this material, we met with the developer's representatives to discuss and review the information provided. Using the information provided to us, we prepared an Internal Rate of Return Analysis for the project. Based on the information provided, we have determined the gap that is caused by the redevelopment issues. We have also determined the level of assistance needed to be within acceptable ranges of industry standards and to make the project financially feasible. Please let me know if you have any questions or, comments, or if we can be of further assistance on this matter. I 43 LEADERS IN PUBLIC FINANCE __._..-_...... __..-._.._...._.._ --- ..._..__._............... ... _ ..... ___..__..__._.._.__.._-__....__._.._ ..._. _...._-651— 7-85-'_..__. 3060 Centre Pointe Drive � Phone: 651-697-8507 Fax: 651-697-8555 Roseville, MN 55113-1105 sid@ehlers-inc.com '. EHLERS & ASSOCIATES INC OTo: Jon Hohenstein, City of Eagan From: Rebecca Kurtz, Ehlers & Associates W Date: May 5, 2006 Subject: Impacts of Eminent Domain on the proposed Southeast Eagan TIF District As you are aware, the City Council is scheduled to hold a public hearing for the establishment of the Southeast Eagan Tax Increment Financing District on June 6, 2006. The TIF Plan and inspection process to qualify for a renewal and renovation district has followed Minnesota Statutes as they read at this time. As part of the eminent domain discussion at the Legislature, there is proposed language in the House Eminent Domain Bill (BY 2846/SF 2750), which proposes new standards for determining blight. If this language was adopted, and depending on when the new language would be effective, it could impact the blight standards that were used to qualify the proposed TIF District as a renewal and renovation district. Ehlers & Associates along with the City's attorneys have been monitoring the Legislature's actions and the potential effect on the proposed project. While we recognize that legislative action may impact your ability to proceed, at this time we are recommending that the City continue to move forward with the process to establish the TIF District. Please do not hesitate to contact meat 651-697-8516 if you have questions or concerns. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Roseville, MN 55113-1105 Phone. 651-697-8516 Fax: 651-697-8555 rkurtz@ehlers-inc.com EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND ESTABLISHING SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, it has been proposed by the Board of Commissioners (the 'Board") of the Eagan Economic Development Authority (the "EDA") and the City of Eagan (the "City") that the EDA adopt a Redevelopment Plan (the "Redevelopment Plan") for Southeast Eagan Redevelopment Project Area No. 1 (the "Project") and establish Southeast Eagan Tax Increment Financing District No. I and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Plans. The EDA has also requested the City Planning Commission to provide for review of and written comment on the Plans and that the Council schedule a public hearing on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA approves the TIF Plan for Southeast Eagan Tax Increment Financing District No. 1, and specifically finds that such district is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a, and finds that the Plans conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the redevelopment of areas with the substandard buildings and obsolete land use and promote commercial development in the area. 2. The EDA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The reasons and facts supporting the findings in this resolution are described in the TIF Plan and in the exhibits attached to the City adopting resolution approving the Plans, on file in City Hall. 4. Conditioned upon the approval thereof by the City Council following its public hearing )45 thereon, the Plans, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the EDA. 5. Upon approval of the Plans by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 6. Upon approval of the Plans by the City ' Council, the Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 7. The Executive Director of the EDA is authorized and directed to forward a copy of the Plans to Dakota County and request that Dakota County certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. Approved by the Board of Commissioners of the Eagan Economic Development Authority this 16t` day of May, 2006. ATTEST: Secretary President i Eagan Boundary Location Map Rigl*Of--way Parcel Area Park Area Building Footprint 1 4,�it L •�`�}9 1� S`. t d i/ ,�.., ® lC e� '■ �9�i ■� d f'.4.Y'.rt«.. Y,. _ ,,. r fi.'y,?r� li �'■ �S X0'39 �e���FtMcz IJ�i,�Stl9�y+'S�tt��+i ■ y��'Y' q� F 'i!'ivq � � f�' IF 01 �},� +, 1 44 lTM" �&q���Sk �*lkF���t45 �41� )d r S.f � �,� r pa ei�'R'� � S ��A r� Y;r .r�l� 3RJ 'F' � ��ic �� � �a� � '�Y�r`t�a �a�4tj 1 pt �r ��y��,ii !^1��' t� �,�' t t ■ ■ �G �'fi1 "-' � 'th t � r p Y � A► t}J � �r f� ��w„ ; !„ Y k r .. t'rnt�t� r� ® ® @'�•';� � r ® B F Sr i S •1� 'i�Yp A 4 � � y�^' Ai ly Q � rSi� � i fy 9F��d + � ' Is �' syr '�7"p .��T2-''q�r ¢� k; YY���'' at dP�S's��yf'PS€� hlYx}�y�� tp�`"tf"aw.,'ta'�y.' a •B �,er rtl Y g r , rN a n- r.o �� •O �`� h5��n. d` 6 a� ti J) ri Sub ect Site r 111 `'�� � � d �•' �� � � 11 1 ill h � f � !q $' y tiu ! � i ■ y,..' p IL• �S• dL � J t i� j Y < �({L ���q11 pJ��1 i Y 7 dqg �■ ®� ■ 5dj1AI'ti:' ri(� � '� � � fi� ,� �F �� . 9i t J���µr„ •� � �� Ju (, - y�,.� � vh �F S 0 1000 0 1000 2000 Feet Southeast Area TIF District No. 1 14� Myof Balm Nap prepared using ERSI AreView 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of April 2005. N 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 Dev■lopmont DepeRmant not responsible for errors or omissions. �� S Tli I"5: pb F�HG 1 ;�gj F�xys� i Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY (MINSK MARKET) PROPERTY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District. 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. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City was approached by the owners of the Minsk Market (Nikolay and Natalia Brutsky) property at 3992 Sibley Memorial Highway. At its meeting of February 7, 2006, the EDA and City Council authorized staff to enter into . negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $410,000. The purchase agreement and related documents are in order for. consideration at this time. ATTACHMENTS: • Area map on page f1 • Resolutions on pages 5Z. • Purchase Agreement, Lease Agreement and related documents available upon request. PTt r EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY PROPERTY AT 3992 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor. Those Against: CERTIFICATION 1, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstem, Secretary/Deputy Executive Director 151 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY PROPERTY AT 3992 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Eagan City Council to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Mira. Pepper, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 16th day of May, 2006. Mira Pepper, Deputy City Clerk 15-L Agenda Memo Eagan Economic Development Authority Meeting May 169 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE NEGOTIATIONS FOF BASIL DYAB (SHELL STATION) PROPERTY ACTION TO BE CONSIDERED: To authorize staff to enter negotiations for the potential acquisition of the Basil Dyab Property at 3830 Sibley Memorial Highway in the Cedar Grove Redevelopment District. 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. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City has been approached by the Basil Dyab, owner of the former Shell Station property located at 3830 Sibley Memorial Highway, requesting that the City enter into negotiations for the purchase of the property. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Dyab for that purpose. ATTACHMENTS: • Request letter on page • Area map on page 153 ROBERT I PATIENT ATTORNEY AT LAW LAKES & PLAINS OFFICE BUILDING 842 RAYMOND AVE., SUITE 207 ST. PAUL, MINNESOTA 55114 TEL: 651-647-6250 FAX: 651-251-1183 April 25, 2006 Mr, Robert B. -Bauer Attorney At Law 1300 West 147th Street, Ste. 600 Apple Valley, MN 55124 RE: My Client: Basil Dyab Cedar Grove Shell' Property Dear Mr. Bauer: ALSO ADMITTED IN WISCONSIN MAY -• 1 2006 I wanted to follow up on our recent meeting and let you know that my client Is in the process of having an appraisal completed on his property. It Is our intention to then forward a copy to you for your review and the City of Eagan's consideration of the appraisal. If you have any questions of me, please feel free to contact me at any time. I look forward to working with you on this matter and want to thank you for your consideration. RJP:ncs cc: Basil Dyab Very truly yours/ �--� Robert J. Patient Civil ?Mat Specialist, certfied by Mtnaesota State Bar Association Qual ped Rule 114 Arbitrator and Mediator :rre Agenda Information Memo Eagan Economic Development Authority Meeting May 16, 2006 F. OTHER BUSINESS It is anticipated that the City Council and EDA will go into executive session to discuss a matter pertaining to the negotiations for the potential acquisition of the All American Recreation property in the Cedar Grove area for redevelopment purposes. As a consequence the EDA will not adjourn until ager the executive session. I5� I ;.34 • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 15, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity C� City of Eap ma HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES MAY 15, 2006 SUBJECT: ADMINISTRATIVE AGENDA / MAY 16, 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session/Closed Session for the purpose of considering threatened or pending litigation and matters of personnel. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. 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 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-weekl updates of larger development and construction activity. The current update is enclosed on page. /s/ Thomas L. Hedges • City Administrator • City of Earn Me TO: TOM KEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 15, 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 — The Senate -House Conference Committee adopted its report on Thursday, May 11. The matter is expected to be considered on the House and Senate floors this week and, when passed, is expected to be signed by the Governor. As outlined in the City Administrator's memo, distributed separately, the Conference Committee bill includes transition language that would permit the City to move forward with redevelopment districts that were approved before February 1, 2006. 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 are continuing their meetings with the APrC to discuss the overall approach to the parks and • recreation needs of the area. • Silver Bell Center Remodeling — The owners of Silver Bell Center, next. to McDonalds, have indicated that they will be proceeding with the refacing and remodeling of the shopping center to meet the CGD standards. Staff is working with the Silver Bell owners and a number of Cedarvale businesses that want to relocate to the center. • Acquisition and Relocation Plans — The purchase of the Minsk Market property and a request for authorization to acquire the Cedarvale Shell property is on the EDA Agenda for May 16. Negotiations continue with the owners Ellingson and Associates and Steve Martin 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 Eaaan Redevelopment District • Grand Oaks Development — Construction on the first two office buildings and the retail center are complete or are nearing comp etion. The wilding permit has lieen issued for the "- - --- Grand Oak 11 office building on the former site of the TMI building. • TMI Relocation Assistance Appeal — The City's relocation consultant has been working with TMI representatives to finalize their claims for relocation assistance. Those claims that meet the Uniform Relocation Act criteria have been paid. A number of other claims have been recommended for denial by our consultant for specific reasons. Under the City's Relocation Assistance -Procedure for Appeals, the relocated business has the right to request a hearing to resolve disagreements about the eligibility of certain costs. TMI has submitted a written request for a hearing. The hearing officer under the policy is the Inver Grove Heights • • City Attorney. That office is in the process of requesting detailed background on the claim from TMI and is scheduling a hearing date. • McGough Office Project — The developer has submitted revised offers to the four remaining property owners in the Blue Gentian Circle area. Roger Reiling has commissioned a seller's appraisal and has submitted it to McGough. The parties have scheduled a mediation session on Thursday, May 18 to attempt to negotiate a resolution of 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 met with staff on April 5 to discuss their progress in this regard. Further work remains to be done and DART will keep the City updated on their discussions with other property owners. L' • Southeast Eagan Masterplan • The EDA will consider the TIF Plan and Redevelopment Plan for a Southeast Eagan Renovation and Renewal District on its agenda for May 16. The City Council has scheduled a public hearing for June 6 for the possible creation of the district. 3 City of Eajan Meso TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: May 11, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Explanation Valuation Type 2805 Dodd Rd Grand Oak 10 Ofc Bldg 6,300,000 Comm New 1642 Diffley Rd Oak Trust Credit Union 550,000 Comm New 3110 Neil Armstrong Blvd American Paper 123,000 Comm Impr Development Update • Community Development staff recently participated in a '/ day Strategic Planning seminar related to Dakota County Economic Development. ➢ Community Development and Engineering staff met with Red Pine neighbors to discuss next steps relative to the Red Pine Crossing development and the Feasibility Report. 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. I/CD/Bullding Activity Reports/Commercial Reports for CC/2006 City of Eap. Nemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 15 2006 SUBJECT: ADDITIONAL INFORMATION / MAY 16, 2006 CITY COUNCIL MEETING CONSENT B. PERSONNEL ITEMS – Item 4. Seasonal Engineering Aides/Interns— ACTION TO BE CONSIDERED: To approve the hiring of Brandon Barnes, Luke Birkholz and John Tweet as seasonal engineering aides/interns. •Item 5.Concessions/Building Part-time Attendants -Community Center— ACTION TO BE CONSIDERED: To approve the hiring of Alyssa Grogan, Dan Grounds and Jill Strehle as part-time concessions/building attendants at the Community Center. M. Quest Land Lease Agreements – It has been discovered that these Lease Agreements on page 41 have been previously approved by Council action on Nov. 1, 2005 and require no further action. Therefore, this item should be removed from further consideration under the consent agenda. P. Award Contract to Harris Miniature Golf Courses, Inc. / Captains Course Miniature Golf Course. Based on the quote from the initial. Captain's Course designer, Outdoor Environments, the estimate for the 9 -hole miniature golf course within Cascade __ e Bay has been $200,000. T. Energy Conservation Measure Report – Enclosed and referenced as page 49 – 49g are enclosed for City Council review. NEW BUSINESS • C. Preliminary Planned Development and Preliminary Subdivision – CSM / Waters Annex – It should be noted under the "FACTS" that both the Preliminary Planned Development and Preliminary Subdivision were recommended for approval by the Advisory Planning Commission in a 7 — 0 vote. • Attached are revised pages and should replace pages 85 & 86 of the City Council packet. ECONOMIC DEVELOPMENT AUTHORITY B. ADOPT AGENDA — Two items are in order to be added to the EDA Agenda at the time that it is approved. These items were in process late last week and are in order at this time. Because of the three week period between Tuesday's EDA meeting and the next Council/EDA meeting, staff is asking that these items be considered at this time. D. OLD BUSINESS Item 2. — Cedar Grove Redevlopment District — Approve Resolution, for the Use of Eminent Domain to Acquire the Cedarvale Mall — In response to a request by the mall's property owner, the EDA and City Council previously directed the preparation of findings of fact for approval of the use of eminent domain to acquire the mall property. In order to move the acquisition forward, as promptly as possible, the Council Finance Committee recommended that the parties consider an amendment of the development agreement under which the City would underwrite the acquisition of the mall, while the developer completes first phase development plans. Because the City would be carrying the mall during this time period, in consideration for the City's funding, the developer would accelerate. the timelines under which they would be obligated to submit first phase plans for approval. Upon approval of the plans, the developer would be obligated to purchase the mall property in order to proceed with development. Action on the amended agreement would be in order at the same time as, the. findings. Packet materials related to this business item are enclosed on pages 148a through 148dd. E. NEW BUSINESS Item 3. — Cedar Grove Redevelopment District — Approve Option Agreement for Relocation Sites for Cedarvale Mall Tenants- At its meeting of May 2, 2006, the EDA authorized staff to pursue option agreements for certain tenants of the Cedarvale Mall, who had identified receiver sites for relocation once the eminent, domain action on the mall reaches a point that would permit the City to assist with relocation. costs. Staff has reached an agreement on terms with the owners of two receiver sites. Packet materials related to this business item are enclosed on pages 155a through 155c. /s/ Thomas L. Hedges City Administrator Agenda Memo • May 16, 2006 City Council Meeting T. RECEIVE THE ENERGY CONSERVATION MEASURE REPORT FOR THE EAGAN CIVIC ARENA PREPARED BY HARRIS COMPANIES AND RECOMMEND CONSERVATION MEASURES. ACTION TO BE CONSIDERED: Receive the energy conservation measure report for the Eagan Civic Arena prepared by Harris Companies and direct the staff and the City Attorney's Office to complete the necessary agreements to proceed with the implementation of the energy conservation measures. FACTS: • In 2005 an energy audit was completed by Harris Companies in conjunction with Dakota Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic Arena. • The audit was designed to identify ways in which the City of Eagan could make improvements to the building, change operations or procedures to improve the energy efficiency, and to save dollars by reducing operating costs. All three projects represented by Harris Companies and included by staff for consideration indicate a pay -back on investment of 3 years or less. • • These proposals were reviewed by the Operations Committee who supported bringing them forward for the Council to consider. • The Council took action on April 18 to solicit bids for this project. During the process of preparing plans and specifications staff learned that according to State Statutes, projects that are done solely for energy efficiency with a specifically defined payback period that can be guaranteed, are not subject to the bidding process. This information was shared with the City Attorney's Office to clarify for accuracy and to have them provide the details of how this could be managed. They verified the information and will ensure that the appropriate process is followed to meet the statute requirements. • Three specific areas that were identified for potential improvement are recommended for further consideration (projected costs are shown net of rebates and staff is reviewing potential sales tax obligations on these estimated prices) as follows: o Boiler upgrade -- The current boiler system needs to be re -engineered and one of the existing boilers replaced. The new design will improve the efficiency of the existing operation and will complete the design to use the new boiler and current heating systems to add heat to the East Arena as needed. (The East Arena is currently unheated.) ■ Budgeted for 2006 (R&R) $15,000 ■ Replacement Boiler $18,083 ($3,083 not budgeted at this time.) o De -Super heater -- This device is designed to use the heat produced by the compressors (used to cool the ice) to heat the sub floor below the ice sheet, which will • prevent frost build-up. This will also help melt the snow from the resurfacer after the ice is cleaned each hour. This heater will work together with the boiler system to provide efficient "waste" heat in needed areas. De -Super heater $25,194 These two items totaling a net cost of $43,277 are shown as a combined project on page 3 of 6 of the enclosed Harris material. The projects can be considered independently if desired. o Replace lighting in East and West Arenas -- New technology creates improved lighting levels in arenas. This project would replace current lighting features over the arenas and would provide a utility cost savings along with more consistent lighting in the buildings. ■ Replace lighting $33,518 • The proposal from Harris Companies is attached outlining the detail of the various projects along with the specific payback for each project, which they will guarantee. • The addition of these improvements will certainly enhance the operation of the buildings as they currently exist and would remain beneficial if any expansion to the facilities would be considered in the near future. • If the City Council approves the recommendation to proceed with the projects and finalize an • agreement with Harris Companies, the agreement in final form and the complete proposal to finance the project from the renewal and replacement account and/or retained earnings will be brought back to the Council for formal action. ATTACHMENTS: • The proposal from Harris Companies is attached on pages �Ab,through _AA Q., (Page 2 of 6 is the Harris Companies' proposed Project Agreement Terms and Conditions and is included to account for all of the pages in the proposal; however, it will require significant changes before being acceptable to the City Attorney's Office.) (Page 5 of 6 is again included to account for all of the pages in the proposal; those alternates are not being recommended for consideration at this time.) L `ck • • A LINC Service Contractor PROJECT AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS BY AND BETWEEN: Harris Companies 909 Montreal Circle St Paul, MN 55102 hereinafter CONTRACTOR Eagan Civic Arena AND 3870 Pilot Knob Road Eagan MN 55122 hereinafter CUSTOMER SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER: Installation of a De -Super heater and New High Efficient Boiler 95+% AFUE for the Ice Arena system. Engineering, Labor and materials including De -Super heater, pumps, piping and new connection to existing system are included in this proposal. We will integrate the heat recovery coils that exist above the bleachers. New Boiler to be installed in existing boiler room in the place of one of two existing boilers. The High Efficient Boiler will be used as the primary so that the Arena maximizes savings all of the time. Installation, controls, venting, piping, Labor and Materials are included in this proposal. Please see following page for costs & Custom Rebate dollars, as well as ROI and simple payback. As a condition of performance, payments are to be mace on a progress oasis. L11-1— Nay .._i,• — o _ --- — - - - - Any alteration or deviation from the above proposal involving extra cost of material or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. CONTRACTO�����j�; Signature sales resentadve M c elle Kuss ���✓ CUSTOMER ignature Au onze Reprasen Uve Approved for Contractor: Mark Vau hn Signature Name (Print/Type) Name & TRJe I e ate a te Harris Companies Dec 27, 2005 P5P01206 BY AND BETWEEN: Harris Companies 909 Montreal Circle St Paul, MN 55102 hereinafter CONTRACTOR Eagan Civic Arena AND 3870 Pilot Knob Road Eagan MN 55122 hereinafter CUSTOMER SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER: Installation of a De -Super heater and New High Efficient Boiler 95+% AFUE for the Ice Arena system. Engineering, Labor and materials including De -Super heater, pumps, piping and new connection to existing system are included in this proposal. We will integrate the heat recovery coils that exist above the bleachers. New Boiler to be installed in existing boiler room in the place of one of two existing boilers. The High Efficient Boiler will be used as the primary so that the Arena maximizes savings all of the time. Installation, controls, venting, piping, Labor and Materials are included in this proposal. Please see following page for costs & Custom Rebate dollars, as well as ROI and simple payback. As a condition of performance, payments are to be mace on a progress oasis. L11-1— Nay .._i,• — o _ --- — - - - - Any alteration or deviation from the above proposal involving extra cost of material or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. CONTRACTO�����j�; Signature sales resentadve M c elle Kuss ���✓ CUSTOMER ignature Au onze Reprasen Uve Approved for Contractor: Mark Vau hn Signature Name (Print/Type) Name & TRJe I e ate a te Harris Companies A ZINC Service 0 Contractor PROJECT AGREEMENT TERMS AND CONDITIONS 1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours. 2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of Installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect. 3. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on a time -and -material basis at Contractors rates then in effect) over the sum stated In this Agreement. 6. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor. 7. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 8. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or rmaterials, delay of carriersstrikes, egulations, Insurrection or, riot, ctf action ttlhe elemen"tsng those byCforces of nature,) or by�any cause beyond ockouts, civil or itlslauthority, priority control. 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by of Co t actor. r anyone for whose acts Customer may be liable, regardless of whether it is caused in party by e negligence 9 10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials, or any fungus(es) or spore(s); substance, vapor or gas produced by or arising out of any fungus(es) or spore(s); or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or, materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the customer's facility, arising out of or in connection with the Contractor's work under this agreement, including without limitation any illness, injury, or damage resulting In any manner from any fungus(es) or spore(s), any substance, vapor or gas produced by or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). 12. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. Harris Companies 14R e- 0 • • • • SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PR03ECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS AR ON zmww Dec 27, 2005 PSP01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): we will install: The aforementioned De -Super heater and one New HE Boiler for your Ice Systems. The job is Turn -Key with the exception of anything that is existing and deficient and or is not directly attached to the new retrofit. Not Included: Overtime Additional work beyond the new system Asbestosis removal ------------------------------------------------- The cost of the project is (boiler) ..................................................... $20,000.00 The cost of the project is (De -Super heater) ....................................... $36,664.00 Aquilla Boller Rebate (95% efficient) (1,917.00) Aquilla De -Super heater Rebate (9,138.00) Dakota Electric Rebate onff NetInvestment is..................................................................... Yearly Savings for De -superheater is..................................................16,662.98 Yearly Savings for the Boiler is............................................................ 830.80 Total Yearly Savings Is------------ ------------------------------------------- 181493.78 Simple Payback is 2.34 Years THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHAI," I Mml"Urr"r'+� A PART. Harris Companies SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PR03ECT AGREEMENT FOR ENVIRONMENTAL. SYSTEMS ?. .Sept t»UJlep-.;_....i •"+" .Yn�;''n1a8TeMV$Ifib�A i�'llt:r1'n`iF i'.Y s y�q•,`ivv ,i`$i�'+•{ '� -J Dec 27, 2005 1 112511201206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Add Alternate#One--Lighting and Control ECO's =------------------------------------------------- Lighting East Arena Lighting West Arena ECO's 12, 13 & 16 in West Arena ECO's 22, 23 & 26 in East Arena Deduct's Rebate (Lighting and VFD's) Rebate (Dakota Electric --CR for ECO's 22, 23 & 26) Rebate (Dakota Electric --CR for ECO's 12, 13 & 16) Net Investment after Rebates -------------------------- Annual Savings Lighting (East and West Arena's) East Arena ECO 22, 23 & 26 West Arena ECO 12, 13 & 16 Total Annual Savings is Simple payback is 1.25 Years! Approval of Add Alternate #One 12,524.52 14,162.73 14,762.00 20,640.00 (12,370.00) (8,820.00) (7,381.00) ----------- --$33.518.25 (initial) 6,558.03 9,489.31 10,926.01 $26,973.35 THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH I tilt, t,u1•1-LCMr1M I L. A PART. Harris Companies 0 • • • • A UNC Service ® Contractor SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PROJECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS way C�rrd fi .r. j "U fl � "�°f.. r .. . rr 4 4 fi;'4 i a�Yta Dec 27, 2005 P5P01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Alternate #--Two Add Control to Set Back Ice Temperatures --------------------------------------------- Cost of Opportunity ECO, #11&17 ECO # 21 & 27 Rebate (Dakota Electric --CR for ECO #11) Rebate (Dakota Electric --CR for ECO #21) Rebate for Drives on 11 & 21 Net Investment is ---------------------------------- Annual Savings ECO's 11 & 17 ECO's 21 & 27 Total Annual Savings is Simple Payback is 2.8 years! Approval of Add Alternate #Two 11,106.00 12,318.00 (1,870.00) (1,944.00) ( 450.00) ------------------ $19,610.00 (initial) 3,870.27 3,133.71 $7,003.98 THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHLLrl I Mm ovrr&rtr'&.a A PART. Harris Companies tag V - --- Recommended Solutions Worksheet (Contractor) will provide for the complete Q Design/ Engineering and 0 Installation F1 Replacement [] Modification Q Retrofit/Repair of the following environmental system(s): Location: Eagan Civic Arena Component(s): A new Boiler, De -Super heater and components to build energy efficient system. Specifications: Labor and materials including De -Super heater, pump, piping and connection to existing system are included In this proposal. Included in this proposal we have provided for the following: complete engineering and updating of drawings Insulation r Complete project management Concrete Pad Delivery of all equipment to your facility Roof Sealing Equipment Disposal � Complete Installation of the above system(s) � Electrical Connection for New System NP Final Adjustment and Calibrations V One (1) year warranty on parts, material and labor r Systems training program Preventive maintenance agreement VP Consideration for your long-term facility Investment plan We have not included: �v Cutting, patching, painting Concrete Pad Electrical wiring Roof Sealing Setting of valve bodies or wells Asbestos Removal Air balancing o/ Setting of dampers r Preventive maintenance agreement Any work not specifically stated In this proposal When completed this program will provide your organization with: Reduced legal exposure V Reduced operating expenses ,e Peace of mind Investment protection Improved comfort conditions Improved Indoor Air Quality Improved environmental control Harris Companies • Agenda Information Memo May 16, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — CSM (WATERS ANNEX) ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for.one office building and three office/warehouse buildings upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW'/4 of Section 1, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary. Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1" Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: • ➢ The site is vacant, lightly wooded with rolling topography, and contains three wetland areas. The eastern portion of the site contains a wetland area and a ridge line that is heavily wooded. ➢ The applicant is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings, and a Preliminary Subdivision to create four lots. ➢ Each of the buildings will need Final PD approval prior to construction. ➢ Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. ➢ The building design appears compatible with other existing buildings in this area. ➢ No filling, draining or excavating of existing wetlands is proposed. ➢ Tree removal is proposed in an amount less than allowable limits. ➢ The developer has indicated a willingness to incorporate low impact development (LID) strategies for thisproject. ➢ The APC held a public hearing on April 25, 2006, and recommended approval of both the Preliminary PD and Preliminary Subdivision. 60 DAY AGENCY ACTION DEADLINE: Extended to July 13, 2006 ISSUES: ➢ In response to the APC's comments regarding building materials, CSM made some adjustments in the loading dock areas so those elevations will use two materials rather ;4W �sed. es than one. CSM also provided calculations verifying that the 65% of Class I materials are • utilized. While only two Class I materials are used, the rockface CMU is proposed to have a finish that looks like stone, so the appearance will be that of three different materials -- brick, glass and stone. ➢ CSM has clarified the parking calculations for the office building on Lot 4. Staff has reviewed the calculations and based on the area of 171,200 sq. ft. for the 3 -story office building, the applicant's proposed 913 parking stalls do meet City Code requirements. ➢ CSM is showing a proof of parking area on Lot 1 for the 20 -stall shortage for the building Lot 2. The parking area behind Lots 1 and 2 allows for free movement between the lots and combined the area would provide the required parking for both lots. An easement benefiting Lot 2 would be executed over the excess parking on Lot 1 to ensure availability of parking for each lot. ATTACHMENTS (3): April 25, 2006 APC Minutes, pages through Staff Report, pages through Correspondence, revised elevations, and proof of parking plans from CSM dated May 8, 2006 • • ti.�e� gCP • Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — APPROVE RESOLUTION FOR THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AND APPROVE AMENDMENT TO TIF DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve or deny Findings of Fact, Conclusions and Resolution to authorize the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties to further the redevelopment of the Cedar Grove Redevelopment District. And To approve or deny an amendment of the TIF Development Agreement between the City of Eagan and Cedar Grove Development Corp. to amend the timeline by which applications for the development of the first phase of the redevelopment project will be • submitted. And To approve or deny the Condemnation Acquistion Agreement between the City of Eagan and Cedar Grove Properties LLC. FACTS (New Information in Bold): • 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 for the area. • Under the TIF Development Agreement between the City and. Cedar Grove Development Corp., which was approved by the EDA and City Council at its meeting of January 17, the developer may request that the City enter into eminent domain to acquire property, including the mall, which is owned by Cedar Grove Properties, LLC. While the developer and City may work with mall tenants to voluntarily terminate leases and provide relocation assistance, authorizing initiation of the eminent domain process will permit the City to set out a set of timelines and processes that would be followed if not all businesses are relocated through those • negotiations. 1ffa • At its meeting of February 7, 2006, the EDA and City Council scheduled a public • hearing to consider this matter. • Notice publication timelines caused the item to be continued to the March 21, 2006 EDA meeting. The Notice of Hearing has been published (March 4th and 11th) and sent to the property owner (March 1St) pursuant to Mari. STAT. § 469.012, Subd. 1g (2005). • On March 21St, the public hearing was held. At that time, the EDA did the following: • Open the Public Hearing and receive public comment on the acquisition of the Property by eminent domain; • Close the Public Hearing; • Make sufficient Findings and Conclusions in the course of their deliberations to support the acquisition; • Direct staff and legal counsel to prepare Findings of Fact, Conclusions and Resolution for the exercise by the EDA of its power of eminent domain, including 90 day quick take. The general relevant information that that was considered by the EDA included the history of the establishment of the TIF District, the Development Agreement between the Developer and the EDA and City, the letter dated January 25, 2006 from the • Developer to the City and EDA requesting the EDA to acquire. the Property by use of eminent domain, and the letter dated January 25, 2006 from the Property Owner to the City and EDA. • Specifically, relevant background to the discussion was as follows: Notice of Hearing The Economic Development Authority published in the requisite legal newspaper the Notice of Hearing on March 4 and March 11, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Property identified above and below by exercise of the Economic Development Authority's powers of eminent domain. The Economic Development Authority sent the Notice of Hearing to the Property Owner, by First Class United States Mail on March 1, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Properties identified above and below by exercise of the Economic Development Authority's powers of eminent domain. • l To b • General facts concerning the redevelopment area and the Development Agreement The City performed an analysis of properties in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy, 77 at its intersection with Hwy 13 and found that properties within the area met the standards necessary under Minnesota statutes to qualify as a Redevelopment Tax Increment Financing District. • On the basis of those findings, the City created the Cedar Grove TIF District October 2, 2001 and was certified by Dakota County on July 22, 2003. The purpose for the District under the TIF Plan is to replace a market obsolete regional shopping center, provide new life cycle housing options for existing Eagan residents, enhance the public transit infrastructure and correct a number of traffic problems within the project area. • The TIF Plan makes a finding that but -for creation of the District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed redevelopment contemplated by the agreement would not occur but -for the assistance outlined, in the TIF Development Agreement. • • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. • The Development Agreement covers issues including the level of TIF assistance that may be. provided to the Developer and the potential for the Developer to request that the EDA use eminent domain to acquire the remaining parcels. • The Development Agreement includes a provision that the city will be the lead in property acquisition, and the likely use of eminent domain for property assemblage. • Unlike other redevelopment agreements, the Development Agreement does not impose an obligation upon the Developer to pursue good faith efforts to acquire the property prior to requesting that the city exercise its power of eminent domain. • In consideration of the current discussions regarding potential legislation that could modify the means by which cities may use eminent domain for redevelopment or economic development purposes, the Development Agreement acknowledges that the EDA will exercise good faith efforts to acquire properties. If state action modifies local government authorities for the use of eminent domain, such efforts will need to occur within the modified standards. • The Developer has requested the EDA commence proceeding to acquire the Property through the exercise of the FDA's powers of eminent domain. • The Property Owner has agreed to assist with the relocation process of the • tenants. • The Property Owner has indicated an intention to waive any claim for damages against the City by reason of any'breach of the lease for lease terminations and relocation of tenants. The conceptual development plan of the Developer for the redevelopment area, including the Property, is generally in conformance with the City's Comprehensive. Guide Plan, zoning and land use ordinances and appears to be consistent with the surrounding development and development plans for the. area. General Facts Supporting the use of Eminent Domain • The redevelopment area, including the Property, is proper and desirable to establish and develop within the City. • The property considered to be acquired by the Authority will be acquired for public uses and public purposes and that the taking is necessary in furtherance of a redevelopment project within the City. • The Property is necessary to carry out the redevelopment of the Redevelopment • District. • The redevelopment will increase the tax base, increase employment, modernize outdated and incompatible buildings, and further the City's ultimate objective of creating an economically viable redevelopment project. Public Hearing Proceedings • At its meeting of March 21, 2006, the EDA held a public hearing to consider facts and receive testimony pertaining to this matter. • At the close of the public hearing, the EDA directed preparation of findings of fact and a resolution to authorize the use eminent domain for the acquisition of the Cedarvale Mall on the basis of the background and the testimony received at that time. TIF Development Agreement Amendment • Staff is requesting consideration of this action with one change from the terms of the development agreement, namely that the City proceed with acquisition without requiring the concurrent financial security from the developer, until the developer receives approval for its first development phase and purchases the property from the City at that time. • 1 *1 . • The benefit of this approach is that it will permit the City to proceed to make relocation arrangements with the Cedarvale businesses that are prepared to move in the near term and to begin discussions with those that may require a longer relocation time frame. It will also permit the City to more completely control the ultimate redevelopment of this portion of the site as the project moves forward. The amendment also modifies the dates for submission the phase 1 site plan and other documents. The original agreement required submissions by December 31, 2006. The amendment now requires. the phase 1 site plan to be due by July 15, 2006. There are also other deadlines that have been established for preliminary plat, rezoning and subdivision applications. Lastly, the developer is required to purchase the Mall from the city no later than January 31, 2007. The failure of the developer to meet any of the deadlines shall be deemed an event of default. ATTACHMENTS: • Request letter on pages- 1491 • Area map on page �— • Minutes of March 21, 2006 EDA meeting on pages LWL. • Findings of Fact, Conclusions and Resolution to authorize acquisition of the mall on pages 14006 -4- 149 47 — 149 Z • • Resolutions to approve the TIF Development Agreement Amendment on pagedthrough l4bb • Resolutions to approve the Condemnation Acquisition Agreement on pages I through ,1r4d • Development Agreement available on request. • C62 Cedar Grove Properties, Inc. . 6151st Avenue NE, Suite 500 Minneapolis, MN 55413 January 25, 2006 By email Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hohenstein: This letter is sent pursuant to Section 3.5 of the Development Agreement, Relating to Tax Increment Financing District NO. 1, between the Eagan Economic Development Authority, City of Eagan and Cedar Grove Properties, Inc. ("Development Agreement"). All capitalized terms used in this letter are terms defined in the Development Agreement. The undersigned, on behalf of the • Developer, requests that the EDA commence proceeding to acquire the Cedarvale Mall (see attached legal description) through the exercise of the FDA's powers of eminent domain. Please let me know if I can answer any questions. Sincerely, Cedar Grove Properties, Inc. Bradley J. Schafer President W • LEGAL DASCRIPTION Parcel l: That part of the Northeast 1/a of Section 19, Townsbip 27, Range. 23, Dakota. County, Mmaesota,desmbed as follows: Commencing at the Northeast corder thereof; thence South 0 degrees 31 mieaites 30• seconds l ASI along the east line of said Northeast 1/4 a distance of 609.74 feet, said east line being the center line of Town Road; thence South 38 degrees 27 minutes 22 seconds' West along the center line of said Town Road a dicta m of 545.6 Fick thence.South 49 degrees 56 noiautes 43 seconds West along the center line of said .Town Road:.a distance of 589.37 feet; thence North 40 degrees 52 mimrtes 22 seconds West a distance of 171.87 feet W the anal point of beginning; thenee:South 49'degrees 7 minutes 38 seconds West a distance of 100 feet; thence South 40 degrees 52 tniniites 22 seconds. Eest a distance of 126.63 feet, more or less, to the northwesterly right of way line ,of Beau De -R- a Drive; thence South 56' degrees 40 minutes 4 seconds West along ihe.northwesteriy right of way line of Beau -0e -Rue Drive a distance of 949.02 feet,mp' -or Tess, to a line parallel with and 952.7 feet east of the west line of said. Northeast 14;.thence North along said parallel line to line 40 feet' sol least' I of and parallel with. the southeasterly right of way'.line of State Highway No. 13; -thence' North '49. degrees 7 -minutes .38 seconds -East .parallel .with said. soutbeasterly* righa.�► t of wline 655.63 feet, more or less, to a line beating North 40 degrees �2 minutes 22 seconds 'West from the point of beginning; the!ace South 40 degrees 52 minutes 22 seconds Bast a distance. of 443 feet w the paint of beginning. Parcel 2: __.. -.. That part of the Northeast 1/a of Section 19, Township 27, .Range 23; Dakota unty; minnesota,'descriied as follows: Commencing at the Southwest corner of maid Northeast 1/•; thence North along the west line of said Northeast 1/a a distance of 198.82 feet; thence East 33 feet tb the easterly ri6t of way line of Cedar Avenue; thence North 47 degrees 00 minutes East. a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thepce North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way . line of State Idighway No. 13; thence North 49 degrees 5 minutes East parallel with said 9 southeasterly right of way. line 408.8 feet; thence North 40 degrees 55 minutes West a • distance of 20 feet;, thence North 49 degrees • 5 - minutes East parallel with said southeasterly right of way line 150 feet to the actual point of beginning; thence South 40. degrees 55 minutes East a distance of 438.02 feet more or less to the northwesterly right of way line of Beau -De -Rue brive; thence northeasterly along said northwesterly right of way line 30.49 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said Northeast '/4; thence North' along said parallel line to a line 40 feet southeasterly of and parallel with the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said southeasterly right of way line 413.61 feet, more or less, to the point of beginning. Parcel 3: Together with an easement for road purposes described as follows:' Commencing at the Northeast corner of the Northeast'/4 of Section 19, 'Township 27, Range 23; thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast'/a a distance 609.74 feet; thence south 38 degrees 27 minutes 22 seconds West a distance of 545.66 feet; thence South 49 degrees 56 minutes 43 seconds West a distance of 589.37 feet; thence North, 40 degrees 52 minutes 22 seconds West a distance of 171.87 feet to the actual point of beginning; thence continue North 40 degrees 52 minutes 22 seconds West a distance of 24 feet; thence North 49 degrees 7 minutes 38 seconds East a distance of 375.81 feet, more or less, to the southwesterly right of way line of Rahn Road; thence southeasterly along said southwesterly right of way line 24 feet, more or less, .its �._ intersection with a line bearing North 49 degrees 7 minutes 38 seconds East from the point of beginning; thence South 49 degrees '7 minutes 38 seconds West a distance of 378.77 feet to the point of beginning. Parcel 4: Together with an easement for service road purposes described as follows: Beginning at the intersection of the southeasterly right of way line of State -Highway No. 13 with a line drawn parallel with and 952.7 feet east of the west line of the Northeast K of Section 19; Township 27, Ranga 23; thence south along said parallel line to its intersection with a line drawn -parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence northeasterly parallel with said southeasterly right of way line 655.63 feet; thence northwesterly at right angles 40 feet to said southeasterly right of way line; thence southwesterly along said southeasterly right of way line to the point of beginning: Parcel 5: Together with an easement for service road purposes described as follows: Commencing at the southwest comer of the Northeast i/4 of Section 19, Township 27, Range 23; thence North along the west line of said Northeast i/4 a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees 00 minutes east a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of O I4$ h • 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of wap line 408.8 feet; thence North 40 degrees 55 minutes West a distance of 20 feet to the actual point of beginning; thence continue North 40 degrees 55 minutes West a distarice of 40 feet to the southeasterly right of way line of State Highway No: 13; thence North 49 degrees '5 mimttes East along said southeasterly right of way line 598.28 feet to its intersection with a line parallel with and 952.7 feet east of the west line of said Northeast 1/e, thence South along said parallel line to its intersection with a line parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said right of way line 563.61 feet to the point of beginning: EXCEPT that part of Parcels 1 and 2 described as follows: That part of the Northeast 1/4 of Section 19, Township 27, Range 23, Dakota County; Minnesota, described as follows: Commencing at the Southwest corner of Said Northeast 1/4; thence North along the west line of said Northeast Ka distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 408,8 • feet; thence North .40 degrees 55 minutes. West a distance of 20 feet; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 150 feet; thence south 40 degrees 55 minutes East a distance of 367 feet; thence North 49 degrees 5 minutes East a distance of 70 feet to the actual point of beginning; thence continuing North 49 degrees 5 minutes East a distance of 110 feet; thence South 40 degrees 55 minutes East a distance of 95.04 feet, more or less, to the northwesterly right of way line of Beau -De -Rue Drive; thence southwesterly along said northwesterly right of way line to a line bearing South 40 degrees 55 minutes East from the point of beginning; thence North 40 degrees 55 minutes West to the point of beginning. c0 aaW,jUO aaolanapaH,anoa!) cepa • MINUTES OF A 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 • OLD BUSINESS There were no items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING TO CONSIDER THE USE' OF EMINENT DOMAIN TO ACQUIRE 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. 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 of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer 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 144 L_ Deputy City Clerk • • BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY • CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Condemnation of Certain Properties FINDINGS OF FACT, Located in the Cedar Grove Development CONCLUSIONS AND District and Tax Increment Financing District RESOLUTION No. 1 This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of March 21, 2006. The EDA received and considered public comment; input from City staff; the Development Agreement (the "Development Agreement") between the City of Eagan (the "City"), the EDA and Cedar Grove Development Corp.. (the "Developer"); letters from the property owner, Cedar Grove Properties, LLC. (the "Owner") and the Developer to the EDA and City, together with all existing files, records and prior proceedings and material as presented to • the EDA. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications._ to, create. a Special Area, the adoption of Cedar Grove District. building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA established the Redevelopment District • and the City created and established a Tax Increment Financing District referred to as Tax ►LWM Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections • 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA adopted and the City approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited to: acquiring properties containing structurally substandard buildings or improvements or . hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary. for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has _ previously_ determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 2 148 U 6. The EDA and the City have entered into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of the Redevelopment District. 7. On January 17, 2006, the EDA and the City approved and entered into the Development Agreement with the Developer that required the EDA to use its best efforts to acquire properties within the Cedar Grove Development District and TIF District No. 1 upon the request of the Developer. 8.. General facts concerning the Redevelopment District and the Development Agreement are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of • Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. o On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met the standards necessary , under. Minnesota . statutes- to. qualify as a redevelopment Tax Increment Financing District. The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels.. At least 70 percent of the area in the parcels in the TIF District are . occupied by buildings, streets, utilities, paved or gravel parking lots, or other 3 149 0 similar structures and more than 50 percent of the buildings in the TIF District, not including outbuildings, are structurally substandard to a degree requiring •, substantial renovation or clearance, and in particular, the properties were found to have the following Code deficiencies: o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • The purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to ' provide new life -cycle housing options for existing Eagan residents, as well as to enhance the public transit infrastructure by • - correcting a number of traffic problems within the TIF District.- -- -.-. - . - - --- ---- --- - - - • The TIF Plan makes a finding that but -for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed • 4 IL-8 P redevelopment contemplated by the Development Agreement would not occur is but -for the assistance outlined in the Development Agreement, regardless of and not dependent upon who the developer is for the proposed redevelopment. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. 9. The Development Agreement covers issues including the level of TIF assistance that may be provided to the Developer and the ability of the Developer to request that the EDA use eminent domain to acquire the remaining parcels. The Development Agreement includes a provision that the City will be the lead in property acquisition. 10. The City has been in discussion with the Developer and Owner, regarding the redevelopment of the property commonly referred to as the Cedarvale Mall (the "Property). 11. The Developer has requested the EDA commence a condemnation proceeding to • acquire the Property through the exercise of the EDA's powers of eminent domain. 12. The Property is necessary to carry out the redevelopment of the Redevelopment District. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on March 4th and March 11, 2006, both of which are no more than 30 days nor less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. - 14: - The- EDA-- sent -the NoticeofHearing-- to- the Owner, by -first class - United --States - mail on March 1, 2006, which. is no less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the FDA's powers of eminent domain. • 5 MOM CONCLUSIONS 1. The City, by adoption of an enabling resolution in compliance with the procedural, requirements of Minnesota Statute Section 469.0933 established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Property located within the Redevelopment District is necessary to carry out the Redevelopment Plan and the redevelopment of the Property will lead to substantial economic development. 3. The deficiencies and obsolescence of the Redevelopment District, the obsolescence of the Property, the general egress, construction and accessibility improvements needed for Code compliance of the Property, and the necessity to correct a number of traffic problems within the Redevelopment District are detrimental to the safety and welfare of the City and are within the definition blight under Minn. Stat. 469.002, subd. 11. 4. The redevelopment of the Property is proper and desirable and will help eliminate is structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 5. The conceptual development plan of the Developer for the Redevelopment District, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, and zoning ordinance and further appears to be consistent with the surrounding development -and -development plans. for -the Redevelopment District____ __ 6. The Property considered to be acquired by the EDA will be acquired for public uses and public purposes and that the taking is necessary in furtherance of the Redevelopment District within the City. 0 • • RESOLUTION The EDA does hereby resolve that acquisition of the Property commonly referred to as Cedarvale Mall is necessary to carry out the Redevelopment Plan within the Redevelopment District. The City staff, the EDA's advisors and legal counsel are authorized and directed to acquire the Property through the power of eminent domain, including the use of quick take. Dated at Eagan, Minnesota this day of , 2006. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Pat Geagan Its: President VA 14-0S By: Thomas L. Hedges Its: Executive Director BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, NHNNESOTA In Re: Condemnation of Certain Properties FINDINGS OF FACT, Located in the Cedar Grove Development CONCLUSIONS AND District and Tax Increment Financing District RESOLUTION No. 1 This matter carne before the Eagan City Council (the "Council") at its meeting of March 21, 2006. The Council received and considered public comment; input from City staff; the Development Agreement (the "Development Agreement") between the City of Eagan (the "City"), the EDA and Cedar Grove Development Corp.. (the "Developer"); letters from the property owner, Cedar Grove Properties, LLC. (the "Owner") and the Developer to the EDA and City; together with all existing files, records and prior proceedings and material as presented to the Council. • Based upon all the files, records and input which were presented at the meeting, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1. The City has taken steps to 'bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning --- modifications .to.. create. a Special Area, the adoption of. Cedar._ Grove_ District building- standards, _ ... and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA established the Redevelopment District and the City created and established a Tax Increment Financing District referred to as Tax • ' ore _L_ Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove • Redevelopment Area, all pursuant to the authority granted -by Minnesota Statutes, Sections 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA adopted and the City approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance. a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which ' is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited • to: acquiring properties containing structurally substandard buildings or improvements or • hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the -EDA-.. has- previously_ determined_ to_ provide ..substantial_ aid__ and_.assistance.- through. . the- _ . ...__..-- . financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 6. The EDA and the City have entered into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of • the Redevelopment District. 7. On January 17, 2006, the EDA and the City approved and entered into the Development Agreement with the Developer that required the EDA to use its best efforts to acquire properties within the Cedar Grove Development District and TIF District No. 1 upon the request of the Developer. 8.. General facts concerning the Redevelopment District and the Development Agreement are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy • of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. o On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met --- the -standards- necessary--under---Minnesota -.statutes__ to- qualify_ . as. a. _ ..... redevelopment Tax Increment. Financing District. • The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels. At least 70 percent of the area in the parcels in the TIF District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other • 3 IL9 V similar structures and more than 50 percent of the buildings in the TIF District, • not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance, and in particular, the properties were found to have the following Code deficiencies: o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; • o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • The purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to provide new life -cycle housing options for existing Eagan residents, as well as to enhance the public transit infrastructure by correcting. a number- of trafficproblems.. within the-TIF.District......_._.. _.. • The TIF Plan makes a finding that but -for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and is has prepared a memo indicating, likewise, that the specific proposed 4 IWO redevelopment contemplated by the Development Agreement would not occur but -for the assistance outlined in the Development Agreement, regardless of and • not dependent upon who the developer is for the proposed redevelopment. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. 9. The Development Agreement covers issues including the level of TIF assistance that may be provided to the Developer and the ability of the Developer to request that the EDA use eminent domain to acquire the remaining parcels. The Development Agreement includes a provision that the City will be the lead in property acquisition. 10. The City has been in discussion with the Developer and Owner, regarding the redevelopment of the property commonly referred to as the Cedarvale Mall (the "Property). 11. The Developer has requested the EDA commence a condemnation proceeding to acquire the Property through the exercise of the EDA's powers of eminent domain. • 12. The Property is necessary to carry out the redevelopment of the Redevelopment District. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on March 4th and March 11, 2006, both of which are no more than 30 days nor less than 10 days prior to the hearing by the Council to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. - ------ - --14. ----The- Council- sent -the Notice of Hearing- to the -Owner, byfirst class United. States mail on March 1, 2006, which is no less than 10 days prior to the hearing by the Council to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. CONCLUSIONS • G ILIX 1. The City, by adoption of an enabling resolution in compliance with the procedural • requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Property located within the Redevelopment District is necessary to carry out the Redevelopment Plan and the redevelopment of the Property will lead to substantial economic development. 3. The deficiencies and obsolescence of the Redevelopment District, the obsolescence of the Property, the general egress, construction and accessibility improvements needed for Code compliance of the Property, and the necessity to correct a number of traffic problems within the Redevelopment District are detrimental to the safety and welfare of the City and are within the definition blight under Minn. Stat. 469.002, subd. 11. 4. The redevelopment of the Property is proper and desirable and will help eliminate is structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 5. The conceptual development plan of the Developer for the Redevelopment District, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, and zoning ordinance and further appears to be consistent with the surrounding development and development plans for the Redevelopment District. 6.. ___The_Property_considered.W-be acquired --by. thc_EDA will. be .acquired for public_ _ _. _._._ uses and public purposes and that the taking is necessary in furtherance of the Redevelopment District within the City. • 6 RESOLUTION The Council does hereby resolve that acquisition of the Property commonly referred to as Cedarvale Mall is necessary to carry out the Redevelopment Plan within the Redevelopment District. The City staff, the Council's advisors and legal counsel are authorized and directed to assist the EDA to acquire the Property through the power of eminent domain, including the use of quick take. Dated at Eagan, Minnesota this day of , 2006. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk • • CITY OF EAGAN RESOLUTION TO APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DATED JANUARY 17, 2006 RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Eagan City Council to approve the First Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: • Those in Favor: • Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this I e day of May, 2006. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY • RESOLUTION TO APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DATED JANUARY 17, 2006 RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the First Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: • Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstein,-Secretary/Deputy Executive Director- -. 0 1 W bb • EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE THE CONDEMNATION ACQUISITION AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE PROPERTIES LLC RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Condemnation Acquisition Agreement Between the City of Eagan and Cedar Grove Properties LLC related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: • Those Against: • CERTIFICATION L Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstein, Secretary/Deputy Executive Director l 4w 6z' CITY OF EAGAN • RESOLUTION TO APPROVE THE CONDEMNATION ACQUISITION AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE PROPERTIES LLC RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Eagan City Council to approve the Condemnation Acquisition Agreement Between the City of Eagan and Cedar Grove Properties LLC related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor. Those Against: .7 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this I e day of May, 2006. Maria Petersen, City Clerk 0 • Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — APPROVE OPTION AGREEMENTS FOR RELOCATION SITES FOR CEDARVALE MALL TENANTS ACTION TO BE CONSIDERED: To approve option agreements for relocation sites for Cedarvale Mall tenants and authorize signatures by the appropriate parties. FACTS: • At the time that the City and the developer approved the Cedar Grove Redevelopment Agreement earlier this year, Schafer Richardson communicated a preliminary relocation schedule to the Cedarvale Mall tenants anticipating acquisition of the mall by the City by mid year. As the City and Schafer Richardson have been finalizing details associated with the acquisition of the Cedarvale Mall under the Cedar Grove Redevelopment agreement, that timeline has been delayed, but some mall tenants have identified possible receiver locations for their relocation. • . The City cannot declare the businesses eligible for relocation or provide them relocation benefits until a later stage of the mall acquisition. While the City cannot pay relocation assistance out of sequence, the City's TIF attorney has confirmed that it would be an eligible expense for the City to secure options on properties, if they are deemed to be suitable relocation sites that may be occupied when relocation eligibility occurs. • At its meeting on May 2, the EDA authorized staff to negotiate to secure option agreements to preserve receiver sites for up to three months for Cedarvale businesses that had negotiated relocation agreements in anticipation of being able to move in June or July. • At this time, an option agreement with Krause Anderson for a future receiver site for Community Drug and Alcohol Services is in order for consideration. The agreement would preserve the lease opportunity through August 31, 2006 for $4,000 per month. -- • As of Monday, May 15, 2006, staff is in the process of finalizing an option vagreemenf with Wallingrd Properties for future receiver sites for Cedarvale-------------- IBarbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop. The agreement would preserve the lease opportunities for the four businesses through August 31, 2006 for $4,500 per month. If this agreement is executed in time, staff will ask that it be considered for approval at Tuesday's meeting as well. ATTACHMENTS: • • Krause Anderson agreement on pages 6 through —Zsp `5t37q OPTION AGREEMENT J • This Option Agreement is made this day of May, 2006 by and between the Eagan Economic Development Authority, a Minnesota municipal corporation, (hereinafter "EDA") and Kraus -Anderson Realty Company, a Minnesota corporation (hereinafter "Kraus"). EDA and Kraus are jointly hereinafter referred to as the "Parties". WHEREAS, the EDA has held a public hearing and is contemplating whether to exercise its power of eminent domain to acquire the property commonly known as the Cedarvale Mall; WHEREAS, Community Drug and Alcohol Services, Inc. ("Tenant") is a tenant in the Cedarvale Mall and has been working with Kraus to secure a suitable replacement site in the event the EDA acquires the Cedarvale Mall and Tenant may need to relocate; WHEREAS, Kraus has found an appropriate receiver site for Tenant, however, Tenant is unable to sign any lease with Kraus unless and until the EDA pursues eminent domain and Tenant receives its formal notice of eligibility for relocation benefits. NOW, WHEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. GRANT of OPTION. In consideration of the payment of $12,000.00 paid by the • EDA to Kraus, Kraus agrees that it will reserve the location located at 501 East Highway 13, City of Burnsville, Minnesota, commonly known as the Burnsville Corporate Center (the "Property"), for Tenant until August 31, 2006. Kraus has reserved 7,212 square feet with rental payment of $5,372.94 per month for years one and two and rental payment of $5,973.94 for.year three to five. 2. REPRESENTATION BY KRAUS. Kraus warrants and represents to the EDA that it possesses fee title to the Property and has the authority to enter into a lease with Tenant. Dated: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director 1554b • • • • Dated: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) KRAUS-ANDERSON REALTY COMPANY, a Minnesota corporation By: Bruce W. Engelsma Its: President/Treasurer . I The foregoing instrument was acknowledged before me this day of , 2006, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of '2006, by Bruce W. Engelsma, the President/Treasurer of Kraus -Anderson Realty Company, a Minnesota corporation. IS,5'C_4 Notary Public AGENDA F Kj EAUAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING May 16, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE P• 1 IL ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take as hort recess) III. RECOGNITIONS & PRESENTATIONS P. Z A. Gun Club WMO Shoreline Habitat Improvement Project at Moonshine Park (Interpretive Sign) P. 3 B. Recognition of Out -going Advisory Commission Members IV. CONSENT AGENDA p • 4 A. APPROVE MINUTES B. PERSONNEL ITEMS. . I C. APPROVE CHECK REGISTERS D. ACCEPT resignation of Daniel Flanagan from the Eagan Airport Relations Commission P. .RE. ADOPT resolution to participate in a Dakota County Hazard Mitigation Planning Process P2 F. APPROVE amendments to the 2006 Equipment Revolving Fund Budget �. 7J,pG. APPROVE amendment to the 2006 General Facilities Renewal & Replacement Budget and approve change order #1 for Contract 06-03, City -Wide Street Improvements (Fire Station #5 - resurfacing) P• 2.5 H. PROCLAIM June as Eagan Lakes Appreciation Month }�• bOI. APPROVE agreement with MnDOT for Federal Funding of Preliminary Engineering for Northwood Parkway Overpass 31 J. APPROVE plans & specifications and authorize advertisement for bids for Contract 06-07 (City-wide sanitary sewer lining) 32 K. APPROVE agreement for material inspection services with MnDOT , LPL. APPROVE —Tri -agency agreement with Dakota County and Inver Grove Heights (Traffic Modeling Study) 1 M. APPROVE land lease agreement with Qwest (2 switching buildings) zN. APPROVE Change Order #2 for Contract 06-03, City -Wide Street Improvements �D. APPROVE comments to the City of Rosemountregarding the .Comprehensive Guide Plan Amendments for properties near Highway 3 P. 45 P.. AWARD contract for the construction of Captain's Course miniature golf course within Cascade Bay and authorize the Mayor to sign all appropriate contracts and documents y(p Q. AUTHORIZE the request for proposals to provide security officer services for events serving alcohol at the Eagan Community Center p41 R. AUTHORIZE an amendment to the exclusive beverage contract that covers the Eagan Community Center to allow for events that may carry over to other City facilities as defined and approved by the. City Council • 45S. DECLARE hazmat trailer surplus property and authorize sale to Dakota County Special Operations Team 4C T. RECEIVE the Energy Conservation Measure Report for the Eagan Community Center prepared by Harris �I Companies and recommend conservation measures. 50 U. APPROVE Exempt Permit for Experimental Aircraft Association, Chapter 25, to hold a raffle • 52 V. APPROVE change in management on the on -sale liquor license at Joe Senser's of Eagan, Inc., dba Joe Senser's 2 Sports Bar & Grill, 3010 Eagandale Place 53 W._ APPROVE.. off_sale..liquor license .for_CJ of Eagan -LLC, dba Comers Liquors, 3.090._Courthouse Lane w .. _.-. ...._...__. ......._......_......... X. APPROVE Final Payment of Contract OS -10, Pond AP -9 (Storm Sewer Improvements) Y. AWARD Contract for Patrick Eagan Park Master Plan V. PUBLIC HEARINGS P.5(o A. VARIANCE — Carlson Lake Lane - Scott and Kristen Seacrist — A Variance to allow a front deck porch located at 1238 Carlson Lake Lane in the NE 1/4 of Section 27. VI. OLD BUSINESS VII. NEW BUSINESS �� A. Request for "No -Parking" Designation on Blackhawk Road/Galaxie Avenue and authorize installation of signage . P(4o5 B. REZONING AND PRELIMINARY SUBDIVISION — Oak Hills Church — A rezoning of .94 acres from Public Facility (PF) to Residential Single Family (R-1) and a Preliminary Subdivision of .94 acres to create two single family lots located at 1570 Yankee Doodle Road in the NW '/4 of Section 16. C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — Waters Annex — CSM Equities Inc. - A Preliminary Planned Development for four office/warehouse buildings and a Preliminary Subdivision of 45.52 acres to create 4 lots located on Lots 1 & 2, Block 1, Silicon Graphics I" Addition in the SW '/4 of Section 1. D. Consider adoption of an ordinance amendment to implement a city wide moratorium on the issuance of licenses for the harboring of pigeons. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE 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 fv B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. SOUTHEAST EAGAN RENOVATION AND RENEWAL DISTRICT — Resolution adopting a redevelopment plan for Southeast Eagan Redevelopment Project Area No. 1 and Establishing Southeast Eagan Tax increment Financing District No. 1 therein and adopting a Tax Increment Financing Plan. E. NEW BUSINESS I . CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement and Related documents for acquisition of the Nikolay and Natalia Brutsky property (Minsk Market) at 3992 Sibley Memorial Highway. 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize staff to enter into negotiations for the potential acquisition of Basil Dyab (Cedarvale Shell Station) property at 3830 Sibley Memorial Highway. . F. OTHER BUSINESS X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION The EDA will be asked to hold an executive session to discuss negotiations for the possible acquisition of the All American Recreation property at 3820 Sibley Memorial Highway. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. XIII. ADJOURNMENT -- The City of Eagan -is committed to -the policy thatall 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 Eap ma To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: MAY 12.5 2006 Subject: AGENDA INFORMATION FOR MAY 16, 2006 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the May 16, 2006 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 16, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. MOONSHINE PARK= ACTIONS TO BE CONSIDERED: Recognize donation of an interpretive sign by the Gun Club Lake Watershed Management Organization about the Moonshine Park Shoreland Habitat Project and approve placement of sign at the upper deck overlooking the park. FACTS: • Moonshine Park has approximately 700 feet of shoreline along LeMay Lake in north central Eagan. In spring 2003, the City completed conversion of the residence at the park into a retreat center and a space to conduct a variety of public programs and classes. • On April 1, 2003, the City Council officially designated a shoreland restoration project at the park as a Water Resources Demonstration Project entitled the Moonshine Park Shoreland Habitat Project. • Eagan's Water Resources Demonstration Projects provide residents and visitors working examples of best management practices that support the environment, water quality, and natural landscaping near surface water resources. Its focus is: "Protecting lake quality by expanding shoreline buffers." • The Moonshine Park Shoreland Habitat Project was made possible with support from the Minnesota Department of Natural Resources through a grant from May 2003 to June 2004. • The Gun Club Lake Watershed Management Organization (GCLWMO) is a separate unit of government formed in 1985 by a joint powers agreement of the cities of Eagan, Inver Grove Heights, and Mendota Heights. • As evidence of its partnership with the City and to show its strong support for efforts such as the habitat project throughout the watershed, the GCLWMO is presenting the City with an interpretive, sign it has sponsored about the shoreland project. • At this time, Jerry Walerak, outgoing chair of the GCLWMO for the past three years, will make the presentation to the mayor and City Council. The sign will be mounted at the upper deck overlooking the park and will compliment the DNR sign already in the ground. ATTACHMENT: 9 Foldout color copy of the sign to be distributed at the time of the presentation. Agenda Memo May 16, 2006 Regular City Council Meeting RECOGNITIONS AND PRESENTATIONS: B. Recognition of Outgoing Advisory Commission Members ACTION TO BE CONSIDERED: None FACTS: ❖ Listed below are the outgoing Advisory Commission members and the number of years they served: ADVISORYPLANNING COMMISSION Carla Heyl — 9 years (3 previous years) = 12 years Ted Gladhill — 4 years Duey Bendt — 5 years Jenifer Matthees — 2 years ADVISORY PARKS AND RECREATION COMMISSION Terry Davis — 9 years AIRPORTS RELATIONS COMMISSION Nathan Krahn — 3 years Daniel Flanagan — 3 years Stephen Nierengarten — 3 years Valerie Dosland 2 years Agenda Information Memo May 16, 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 May 2, 2006 regular City Council meeting, the April 25, 2006 special City Council meeting/Advisory Commission interviews, the April 24, 2006 special City Council meeting/Advisory Commission interviews and the April 24, 2006 joint meeting with the Burnsville City Council as presented or modified. ATTACHMENTS: • Minutesj°f the May 2, 2006 regular City Council meeting are enclosed on pages 5_ through H . • Minutes of the April 25, 2006 s ectal City Council meeting/Advisory Commission interviews are enclosed on pages r • Minutes of, the April 24, 2006 s ectal City Council meeting/Advisory Commission interviews are enclosed on pages all • Minutes of thp April 24, 2P06 joint meeting with the Burnsville City Council are enclosed on pages through MINUTES OF A REGULAR MEETING OF THE T EAGAN CITY COUNCIL Eagan, Minnesota May 2, 2006 A Listening Session was Feld prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on May 2, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. 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 Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Dorothy Peterson, Norm Peterson and Sharon Boeckman were recognized for their volunteer hours at Holz Farm. CONSENT AGENDA Councihnember Fields pulled Item D from the Consent Agenda for discussion. Councihnember Carlson pulled item O for discussion. Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve the balance of the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 18, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring Erick Bertelsen, Steven Bringgold, Jenifer Culbertson, Katy Donndelinger, Nicole Farlee, Luke Garrison, Kristin Giles, Alyssa Kane, Kalin Laurent, Travis Laurent, Katherine Maruish, Dana Mueller, Jennifer Sparks, Amber Stevenson and Aleecia Svien as part-time seasonal recreation leaders. 2. It was recommended to approve the hiring of Kevin Blake, Stephanie Carll, Joe DeFrance, Angela Dooley, Laura Farlee, Megahn Galloway, Kaitlin Giles, Kassi Giles, Hillary Haynes, Natalie Jones, Matt Mason, Kimberlee Maczko, Tiffany Maczko, Brenna O'Gorman, Rachel Spangle, Matt Steele, Kevin Stevenson, Iris Lynette Tejera and Megan Williams as part-time seasonal recreation assistants. 3. . It was recommended to approve the hiring of Meghan Chappuis and Christie Mason as part-time seasonal recreation program assistants. 4. It was recommended to approve the hiring of Tina Tano as a part-time guest services . representative at the Community Center. 5. It was recommended to approve the hiring of Jake Nicklay, Finance Intern 6. It was recommended to approve the hiring of Christie Bauer, Ben Eng, Katie Maruish, Matt Mason, Jill Petsinger, Alex Phillips, Austin Phillips, Kyle Stevenson and John VanOverbeke as part-time seasonal concessions workers. 7. It was recommended to approve the hiring of Jackie Carlson as a Program Assistant. C. Check Registers. It was recommended to ratify the check registers dated April 20, 2006 and April 27, 2006 as presented. D. Use of Community Center. Pulled for discussion E. Liquor License. It was recommended to approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League. F. Grant It was recommended to accept a $4,000 Grant from Dakota County Impact Panel that was awarded to the Eagan Police Department to purchase public safety equipment. 5 Eagan City Council Meeting Minutes May 2, 2006 Page 2 G. Contract 05-08. It was recommended to award Contract 05-08 (Lone Oak Drive and Lone Oak Parkway — Trail Improvements), to Max Steininger, Inc. for the base bid in the amount of $128,541.00 and authorize the Mayor and City Clerk to execute all related documents. H. Project 938. It was recommended to receive the Draft Feasibility Report for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road — Sidewalk Improvements) and schedule a public hearing to be held on June 6, 2006. I. Comprehensive Transportation Plan. It was recommended to authorize the preparation of an update of the Comprehensive Transportation Plan by SRF Consulting Group, Inc. in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. J. Comprehensive Sanitary Sewer and Water Plans. It was recommended to authorize the preparation of updates of the City's Comprehensive Sanitary Sewer Plan and Water Supply and Distribution Plan by Bonestroo, Rosene, Anderlik and Associates in accordance with the Metropolitan Land Planning Act and authorize the Mayor and City Clerk to execute all related documents. K. Pedestrian Countdown Indicators. It was recommended to authorize the installation of Pedestrian Countdown Indicators on the traffic signal at the intersection of Trunk Highway 13 and Silver Bell Road. L. Wetlands Exemption — Utility Pipeline Upgrade. It was recommended to approve the exemption of wetland activity within Public Right -of -Way for the purpose of utility pipe replacement and authorize the Water Resources Coordinator to execute all related documents. M. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for Parcel Nos. 10-02000-070-75 and 066-75 and Taconite Trail Public Right of Way. N. Letter of Support. It was recommended to authorize the submission of a letter supporting the implementation of the First Phase development of the Cedar Grove West Transit Station. O. Comments — Rosemount Comprehensive Guide Plan Amendments. It was recommended to approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3 and US 52. P. Resignation. It was recommended to accept the resignation of Jenifer Matthees from the Advisory Planning Commission. Q. Resignation. tion. It was recommended to accept the resignation of Duey Bendt from the Advisory Planning Commission. R. Resi aig to ion• It was recommended to accept the resignation of Ted Gladhill from the Advisory Planning Commission. D. Use of the Community Center at no charge for the Miss Eagan Pageant during the 4s' of July festivities. Councilmember Fields stated that she felt the Miss Eagan pageant should consist of Eagan residents, or at least, girls that go to school or work in Eagan. The reigning Miss Eagan and Princesses spoke, along with other pageant supporters, in favor of allowing non Eagan residents participate in the pageant. The Council held a brief discussion. Mayor Geagan moved, Councilmember Tilley seconded a motion to all the use of the Community Center at no charge for the Miss Eagan pageant with no change in criteria for contestants. Aye: 4 Nay: 1 (Fields oppose4) O. Approve Comments to the City of Rosemount regarding Comprehensive Guide Plan Amendments for properties on Highway 3 and Highway 52. Councilmember Carlson requested to see a map of the area. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve comments to the City of. Rosemount regarding the Comprehensive Guide Plan Amendments for properties on Highway 3 and Highway 52. Aye: 5 Nay: 0 No Eagan City Council Meeting Minutes A May 2, 2006 / Page 3 T PUBLIC HEARINGS CERTIFICATION OF DELINQUENT BOARD UP SERVICE BILL City Administrator Hedges stated that the City allows for collection, through certification, of delinquent board up service bills which are not paid. There is currently one delinquent board up service bill with an accessible amount of $445.00. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for the delinquent board up service bill and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator stated that the City currently has approximately 446 utility bill accounts with delinquent payments. The assessable amount of these accounts is $83,260.62. 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 Tilley seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 VARIANCE — GRANITE CITY FOOD AND BREWERY City Administrator Hedges introduced this item regarding a request for a variance of 14 feet from the required 20 - foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1, Marice Addition for a parking lot expansion. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Tim Cary, Granite City CFO, discussed the success of the business and the proposed parking expansion. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance of 14 feet from the required 20 -foot parking setback from Pilot Knob Road for property located at Lot 1, Block 1; Marice Addition for a parking lot expansion subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall becol pull and void unless a petition for extension ahs been granted by Council. Such extension shall be requestp0;n writing at least 30 days before expiration and shall state facts showing a good faith attempt to completer utilize the use permitted in the variance. 2. Prior to commencing grading and construction activities, the applicant shall show that no utilities are boing impacted within the easement encroachment area along Pilot Knob Road. If utilities are impacted, the applicant shall move utilities at their own expense, if required. 3. The applicant shalt replace and improve landscaping on the subject site in accordance with the submitted landscape plan dated April 11, 2006. 4. The applicant shall be responsible for obtaining any permits necessary from Dakota County and coordinating all site work with the City and County. l Eagan City Council Meeting Minutes May 2, 2006 Page 4 ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS The following were appointed to terms gn the respective Advisory Commissions: Advisory Planning Commission Peter Dugan — 1 year alternate term Maggie Jensen —1 year term Kimberly Feller —1 year term Thomas Heaney — 2 year term Dana Keeley — 2 year term Nadim Zoberi - 3 year term Gary Hansen — 3 year term Advisory Parks and Recreation Commission Laurie Halverson —1 year alternate term Phil Belfiori — 3 year term Ryan Zipf — 3 year term Dorothy Peterson — 3 year term Airport Relations Commission Steve Beseke —1 year alternate term Justin Countryman —1 year term Curt Aljets — 3 year term Jack Prentice — 3 year term Bret Walsh — 3 year term Burnsville/Eagan Community Television Joseph Conlon -.1 year alternate term Bill Raker — 3 year term Pramod Mathur — 3 year term Gun Club Lake Watershed Management Organization Jason Akey —1 year alternate term Jeff Sluiter —1 year term Gerald Engelke — 2 year term Wayne Sames — 3 year term There was no old business. OLD BUSINESS NEW BUSINESS PROJECT 934, CLIFF ROAD / BLACKHAWK ROAD / GALAXIE AVENUE INTERSECTION IMPROVEMENTS City Administrator Hedges introduced this item regarding the reconfiguration of the intersection of Cliff Road and Blackhawk Road/Galaxie Avenue with associated. traffic signal improvements. Traffic Engineer Plath gave a staff report. Eagan City Council Meeting Minutes May 2, 2006 Page 5 r Two citizens discussed their concern over the proposed left turn lane. Mayor Geagan stated he felt the area needed more enforcement measures, given the number of accidents that have occurred. Councilmember Carlson moved, Councilmember Tilley seconded a motion to receive the feasibility report and authorize the preparation of detailed plans and specifications for a contract that may be let within 2 years after said approval and the acquisition of right-of-way and easements through quick -take Eminent Domain, if necessary. Aye: 5 Nay:0 PLANNED DEVELOPMENT AMENDMENTS — HAR MAR, INC. City Administrator Hedges introduced this item regarding planned development amendments for overnight parking (outdoor storage); replacement of the pylon sign; changes to the appearance and accessibility; and a change to tenant signage on the north side of the in-line retail building located at 1565 Cliff Road. City Planner Ridley gave a staff report, noting that the applicant is withdrawing the request to change tenant signage on the north side of the building. Kurt Dale, Anderson Dale Architects, discussed the current materials on the existing building and described the proposed materials to be used to change the appearance of the building. Brien Slawik, Har Mar, Inc. discussed history of the retail center and the desired improvements. Council discussed the proposed changes to the building and to signage. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow overnight.parking (Outdoor storage) on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall provide information specifying the exact number of tenant -owned vehicles to be stored outdoors overnight. 3. No more than 10 parking spaces shall be designated outdoor storage on a Site Plan to be submitted to the City, indicating storage is limited to cars and 1/2 ton trucks. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow the replacement of the pylon sign for the in-line retail building located at 1565 Cliff Road in the SW '/< of Section 28 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. 2. The developer shall obtain a Sign Permit prior to removal/replacement of the pylon sign. 3. The LED copy or message shall change no more than two times in any 24 hours period, this does not pertain to time/temperature. 4. The new pylon sign shall be the same height and size (or smaller than) as the existing pylon sign, and the base shall be constructed of materials to match the shopping center building. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned Development Amendment to allow changes to the appearance and accessibility on the north side of the in-line retail building located at 1565 Cliff Road in the SW 1/4 of Section 28 subject to the following conditions: Aye: 5 Nay: 0 The developer shall execute and record the Planned Development Amendment Agreement at Dakota County within 60 days of the City Council approval. Structural modifications to the in-line center will require a building permit. The applicant shall provide a detailed site plan for the proposed improvements showing building fagade, relief, building materials, and landscaping items. Eagan City Council Meeting Minutes May 2, 2006 ®� Page 6 T PLANNED DEVELOPMENT AMENDMENTS — MILLERVILLE, INC. City Administrator Hedges introduced this item regarding a planned development amendment to allow a third stall garage addition to the attached garage located at 1149 Diffley Road. City Planner Ridley gave a staff report. Ray Miller, applicant, discussed the proposed garage addition and clarified issues raised by the Advisory Planning Commission. A representative of the Townhome Association stated they are in favor of the new addition. Councilmember Carlson stated that the site plan needs to show utility boxes as being enclosed. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow third stall garage addition to the attached garage on currently platted Lot 16, Block 1, Lexington Ridge located at 1149 Diilley Road in the NE'/, of Section 27 subject to the following conditions: Aye:5 Nay:0 1. The Planned Development Amendment Agreement shall be recorded with Dakota County. 2. The addition shall only apply to currently platted Lot 16, Block 1, Lexington Ridge, and be limited to 19.7' x 21' with similar and compatible exterior building materials. 3. The developer shall provide proof, in a form acceptable to the City Attorney, that the Association can and will convey a portion of the common area to Lot 16 and the property associated with the conveyance shall be subdivided to accommodate the addition. 4. The utility boxes shall be enclosed. 5. No additional building modifications shall be allowed. COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density Residential. City Planner Ridley gave a staff report. Tom Kennealy, owner of the parcel, stated he has no plans to develop the property in the near future and would prefer to have the current zoning remain as low density residential. Councilmembers discussed the 2005 subdivision of the subject site and agreed that further review in regard to potential uses of the site should occur prior to a comprehensive land use change. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue consideration of Comprehensive Guide Plan Amendment for approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density Residential to the June 6, 2006 Council meeting. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided a brief update regarding the Barten legislation. The regular City Council meeting was recessed at 9:05 p.m. and a meeting of the Economic Development Authority was immediately convened The regular City Council meeting was reconvened at 9:10 p.m. Eagan City Council Meeting Minutes May 2, 2006 Page 7 ADMINISTRATIVE AGENDA Declare unclaimed property to be surplus. Administrative Services Director VanOverbeke noted that since the Council declared bicycles, unclaimed property and miscellaneous City property as surplus at their April 18, 2006 meeting, additional items within the Police Department have become available for sale. Councilmember Fields moved, Councilmember Tilley,seconded a motion to declare the additional list of unclaimed property as surplus. Aye: 5 Nay: 0 VISITORS TO BE HEARD Dan Bailey thanked the Council for consideration of an advisory commission appointment. He stated that he felt issues brought before the Advisory Planning Commission should be more complete and the Council should not review issues that the Advisory Planning Commission has not reviewed in their entirety. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the regular City Council meeting at 9:15 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) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING / ADVISORY COMMISSION APPLICANT INTERVIEWS TUESDAY APRIL 25, 2006 5:00 P.M. CONFERENCE ROOM 2AB — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges Mayor Geagan called the meeting to order at 5:00 p.m., which was convened for the purpose of interviewing the advisory commission applicants. I. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS The City Council conducted interviews of 14 advisory commission applicants seeking appointment to the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission meeting, or Burnsville/Eagan Telecommunications Commission. II. OTHER BUSINESS There was no other business. III. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT The interviews and the meeting adjourned at 9:00 p.m. I?- MINUTES SPECIAL CITY COUNCIL MEETING / ADVISORY COMMISSION APPLICANT INTERVIEWS MONDAY APRIL 249 2006 5:30 P.M. CONFERENCE ROOM 2AB — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges Mayor Geagan called the meeting to order at 5:30 p.m., which was convened for the purpose of interviewing the advisory commission applicants. I. INTERVIEWS OF ADVISORY COMMISSION APPLICANTS The City Council conducted interviews of 12 advisory commission applicants seeking appointment to the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission meeting, or Burnsville/Eagan Telecommunications Commission. II. OTHER BUSINESS There was no other business. III. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT The interviews and the meeting adjourned at 7:30 p.m. MINUTES SPECIAL CITY COUNCIL RETREAT MONDAY APRIL 24; 2006 7:30 P.M. JOINT MEETING WITH THE BURNSVILLE CITY COUNCIL EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. Also present were Burnsville Mayor Kautz and Burnsville Councilmembers Workman and Gustafson. Eagan City staff present at the meeting included City Administrator Hedges, Assistant to the City Administrator Miller, Director of Community Development Hohenstein, Communications Coordinator Foote, and BECT Programming Manager Hotchkiss. Members of the City of Burnsville staff were also present. I. ROLL CALL AND ADOPTION OF AGENDA Mayor Geagan called the meeting to order and welcomed the Burnsville City Council and staff. Councilmember Fields moved, Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 8; Nay: 0 (including both members of the Eagan and Burnsville City Councils) II. JOINT MEETING WITH THE BURNSVILLE CITY COUNCIL • Burnsville/Eagan Community Television and'Telecommunications Commission City Administrator Hedges introduced the item noting that the discussion tonight is intended to address the possible expansion and/or relocation of the Bumsville/Eagan Community Television Facility. The Councils were also asked to discuss membership on the Telecommunications Commission. Burnsville Deputy City Manager Hanson provided a history of the Burnsville/Eagan Community Television (BELT) operations and facilities. Burnsville Communications Director Skelly expanded on the history of the facility. The City Councils discussed whether or not to evaluate both the current location of BECT as well as whether the operations should be expanded to include other communities within Dakota County. The two City Councils provided direction to staff to proceed in evaluating the interest of other cities in joining BECT operations. It was emphasized by members of the City Councils that if the facility should be expanded to include other communities, the cities of Burnsville and Eagan must not see a detriment in service provided to residents, rates should stay neutral and/or improved for citizens, and revenues should increase. The Councils requested a financial analysis of what each City would pay into the operation, and what services those cities would receive for their investment. The Councils also asked for research on the impact of an expansion on franchise fees and PEG fees. 14 The Councils directed that the study be presented to the Burnsville/Eagan Telecommunications Commission (BETC) prior to coming back to the City Councils for consideration. The two City Councils then discussed the future location for the BECT facility. The Councils directed that, in conjunction with the study to determine whether additional communities are interested in joining BECT, a study also be conducted on the location options available to BECT. The Council directed this information be presented to the BETC prior to coming back to the City Councils for consideration. The two City Councils discussed the current make-up of the Burnsville/Eagan Telecommunications Commission (BETC). City Administrator Hedges noted the difficulty the Commissioners had achieving quorums at their meetings, particularly given that the work level has changed for the Commission over the past few years. Upon further Council discussion, the two Councils decided that given the possible expansion and/or.changes to come to BECT, the Commission should remain at its current size for the time being. The City Councils also directed the BETC to discuss possible options for expansion of the Commission's duties and provide their recommendations to the City Council. • Broadband Discussion City Administrator Hedges introduced the item and highlighted Eagan's current efforts with regard to broadband installation. Burnsville Mayor Kautz summarized Burnsville's efforts to -date. The City Councils, along with Burnsville and Eagan's staff, discussed the concept of an open access network with regard to broadband technology. The two City Councils noted that they would continue to dialogue with one another.regarding conduit and broadband opportunities. . • CVB Discussion - Study possibilities for a closer working relationship between Burnsville's CVB and Eagan's CVB City Administrator Hedges introduced the item noting that interest has been expressed on the part of Burnsville to have the Eagan Convention and Visitors Bureau (ECVB) look at opportunities to merge with the Burnsville CVB. Councilmember Carlson noted that the ECVB has a Board of Directors that makes recommendations to the City Council with regard to the bureau's operations. The two Councils discussed the current Minneapolis South joint ventures. The two Councils discussed a study that was proposed to explore a possible merger. Upon discussion by the City Council, there was consensus that Burnsville City Councilmember Workman and Eagan City Councilmember Carlson would meet. with the respective CVB Directors, along with the Chairs of the two CVB Boards, to further discuss the merits of the study on the issue of consolidation. There was no other business. H1. OTHER BUSINESS 1!5 IV. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMEN Burnsville Mayor Kautz moved, Eagan City Councilmember Fields seconded a motion to adjourn the meeting at 8:40 p.m. Aye: 8; Nay: 0 1� Agenda Information Memo May 16, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Chief= -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Chief of Police Kent Therkelsen. FACTS: • Chief Therkelsen has been offered and accepted the position of Executive Director of the Dakota Communications Center. • His resignation from the Eagan Police Department will be effective on May 26, 2006. ATTACHMENTS: • Enclosed on page is a copy of Chief Therkelsen's letter of resignation. Item 2. Water Production Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Paul Bailey as a Water Production Worker in the Utilities Department. Item 3. Seasonal Water Resources Assistant -- ACTION TO BE CONSIDERED: To approve the hiring of Mike Walerak as a seasonal water resources assistant. 1-1 411� City of Eagan POLICE DEPARTMENT KENT THERKELSEN Chief of Police JAMES MCDONALD Deputy Chief of Police 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5700 Fax: 651.675.5707 TDD: 651.454.8535 www.citypfcagan.com PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator THE LONE OAK TREE The symbol of strength and growth in our community May 4, 2006 Tom Hedges City Administrator Dear Administrator Hedges, It is with very mixed feelings that I submit my letter of resignation from the Eagan Police Department, effective May 26, 2006. I have been offered and accepted a position as Executive Director of the Dakota Communications Center. While excited about the challenges that await me in my new position, it is not easy to leave an organization that has provided such an outstanding environment for the past six and. one-half years. Although I was well aware of the solid reputation enjoyed by the City of Eagan and the Eagan Police Department prior to becoming Chief of Police, it was after my employment began here that I discovered why. The commitment and dedication of the City and Police staff to the highest levels of service is what makes Eagan such a special place to work. Thank you for everything you have done to help me in my career. Your leadership will leave a lasting legacy in Eagan. I look forward to my continuing relationship with you, the Mayor and Council and the entire Eagan Staff as we move toward the DCC becoming a reality. Thank you again, Tom. Best wishes to you and everyone else at the City of Eagan. I will miss working with all of you very much. Sincerely, Aent. Therkelsen Chief of Police Agenda Information Memo May 16, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 4, 2006 and May 11, 2006 as presented. ATTACHMENTS: • Check registers dated May 4, 2006 and May 11, 2006 are enclosed without page number. Agenda Information Memo May 16, 2006 Eagan City Council Meeting D. ACCEPT RESIGNATION OF DANIEL FLANAGAN FROM THE EAGAN AIRPORT RELATIONS COMMISSION ACTIONS TO BE CONSIDERED: To accept the resignation of Daniel Flanagan from the Eagan Airport Relations Commission. FACTS: ➢ Eagan Airport Relations Commission member Daniel Flanagan has submitted his resignation from the Commission due to his recent purchase of a home in the City of Lakeville. ➢ Mr. Flanagan expressed his thanks to the City for the opportunity to serve on the Commission and noted how rewarding the experience has been to him. ➢ Per the City Council's policy, the ARC one-year alternate, Steve Beseke, has been asked to fill the one-year vacancy resulting from Mr. Flanagan's resignation, and he has gladly accepted. ➢, The position being vacated by Mr. Flanagan is in the final year of a three-year term, and thus the 3 -year term will be available for appointment in April 2007. ATTACHMENTS: ➢ Enclosed on page is an e-mail sent by Mr. Flanagan to staff to notify the City of his resignation. 217 Airport Relations Commission Dianne Miller From: Flanagan, Dan [DFlanagan@dart.net] Sent: Wednesday, May 03, 2006 11:28 AM To: Dianne Miller Subject: Airport Relations Commission Dear Dianne, Page 1 of 1 I regret to inform you that I have moved to Lakeville. With that, I hereby resign my commission with the City of Eagan and the Airport Relations Commission. It has been a very rewarding serving the people and City of Eagan. The city staff are some of the most professional people I have ever worked with. Thank you for all of your help and if there is ever anything I can do personally or through Dart Transit form you or the City of Eagan, please feel free to contact me. Thank You Very Much, Dan Flanagan Daniel P. Flanagan Dart Transit Company VP of Maintenance 800 Lone Oak Road Eagan, MN 55121 651.683.1279 5/3/2006 Consent Agenda Information Memo May 16, 2006 Eagan City Council Meeting E: Resolution to Participate in a Hazard Mitigation Planning Process ACTION TO BE CONSIDERED: Adoption of the resolution to participate in Dakota County Hazard Mitigation Planning Process. FACTS: • Dakota County has requested all cities within the county to participate in development of a Hazard Mitigation Plan. • To receive future federal dollars should a disaster occur, all cities are required to participate collaboratively in a plan under Federal Disaster Mitigation Act of 2000 (DMA2000). • Cities'that choose to participate in the county plan must formally adopt the All Hazard Mitigation Plan process by official city resolution. • Dakota County requests that this resolution be passed to meet requirements of the DMA2000 • Failure to participate in this planning process could result in the loss of future federal dollars after a disaster. ATTACHMENTS: Attachments on pages through?-� . RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County pf Dakota is participating in an all hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county all hazard mitigation plan; and WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and WHEREAS, the plan must include a general description of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, and an estimate of potential dollar losses for each hazard; and. WHEREAS; the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how the County will maintain public participation and coordination; and WHEREAS, approval of the all hazard mitigation plan will make the County eligible to receive Hazard Mitigation Grant Program project grants; and WHEREAS, this resolution does not preclude the city of from preparing its own plans sometime in the future should they desire to do so. NOW THEREFORE BE IT RESOLVED, that the City of support the County all hazard mitigation planning effort, wishes to join the County in preparing the plan and recognizes that the plan will apply within the townships. Adopted on this day of 2006. October 29, 2004 Dear City Managers: We continue to work on the requirements of the Federal Disaster Mitigation Act of 2000 (DMA2000). I want to take this opportunity to thank you and your staff for working collaboratively with us to insure we position our county, cities and townships to receive future Federal dollars should a disaster occur. According to the DMA2000 requirement, cities that choose to participate in the county plan must formally adopt the All Hazard Mitigation Plan by official city resolution. This is required for the County to secure Federal Disaster Mitigation Grants for communities should a disaster strike. Without resolutions from all cities, Federal grants will not be made available. The County requests that the resolution be passed by your city council no later than Friday, February 4, 2005. After adoption, please forward an official resolution to my attention. Attached is a draft resolution for you to review. An alternative does exist for your consideration. Cities may choose to develop and adopt their own DMA2000 plan. If interested please call Lisa Dressler, Hazard Mitigation Administrator, HSEM at 651-297-2970. In addition over the past months, County staff has been working with many of the cities' staff in identifying risks and hazards within particular communities. County staff has created a, comprehensive process and timeline highlighting the opportunities for review and comment by communities, which is attached. On Friday, October 22, 2004 Dakota County staff conducted a city workshop inviting emergency management staff, fire/police, planners and public works officials to offer comments on the draft Goals, Objectives and Mitigation Strategies Matrix which is the heart of the plan from a community coordination standpoint. Staff received valuable comments from attendees. A list of attendees is attached. As the draft plan is completed in the coming months, we will provide review copies of the document to you. If you have any questions, please call Tom Berry, Senior Planner at 952-891-7044. Thank you for continued cooperation in this important plan adoption. Sincerely, Gregory J. Konat, Director Dakota County Physical Development Division Enclosures cc: Dakota County Board of Commissioners 2y Agenda Information Memo May 16, 2006 Eagan City Council Meeting F. APPROVE AMENDMENTS TO THE 2006 EQUIPMENT REVOLVING FUND BUDGET ACTION TO BE CONSIDERED: To approve amendments to the 2006 Equipment Revolving Fund Budget. FACTS: • On November 1,. 2005 the City Council approved the 2006 — 2010 CIP Part II Vehicles and Equipment. That approval included $787,300 of capital to be financed by the Equipment Revolving Fund in accordance with City policy. The 2006 allocation was determined to be $932,921 meaning a balance of $145,621 was being carried forward as the useful life of existing equipment is maximized. . Although not considered in the review at the time of preparation of the Part 11 2006 — 2010 CIP, it was determined upon the hiring of the new full- time.Fire Chief that some adjustments should be made in the use of Fire Department vehicles. The changes have resulted in the need to acquire a new vehicle to be designated for the Fire Chief. The Equipment Revolving Fund Budget (Fire) is proposed to,be increased by $24,000 to accommodate this acquisition. Funds are available from the 2006 allocation, to make this amendment and this mid -year adjustment will be taken into consideration as the 2007 — 2011 Part II CIP is prepared for . official City Council action. • Also not considered at the time of preparation of the Part. 11 2006 — 2010 CIP was the requirement to purchase additional software for implementation of the City's intranet through the vendor, Quantum Art. The Equipment Revolving Fund Budget (Information Technologies) is proposed to be increased by $15,000 to accommodate this acquisition. Again, the purchase would best be made in 2006 and funds are available from the 2006 allocation to make this amendment. This mid -year adjustment will also be taken into consideration as the 2007 — 2011 Part II CIP is prepared for official City Council action. ATTACHMENTS: (None) Agenda Information Memo May 16, 2006 Eagan City Council Meeting G. APPROVE AN AMENDMENT TO THE 2006 GENERAL FACILITIES RENEWAL & REPLACEMENT BUDGET AND APPROVE CHANGE ORDER #1 TO CONTRACT 06-03, CITY-WIDE STREET IMPROVEMENTS (FIRE STATION #5 -- RECONSTRUCTION ACTION TO BE CONSIDERED: To approve an amendment to the 2006 General Facilities Renewal & Replacement Budget and approve change order #1 to contract 06-03, City-wide street improvements (Fire Station #5 — reconstruction) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In late 2005 the City Council approved the 2006 Budget for the General Facilities Renewal & Replacement Fund. That approval included $17,600 to provide for some repairs to the parking lot at Fire Station #5 on Galaxie Avenue. • After further investigation it has been determined that more extensive improvements are necessary at a total estimated cost of slightly less than $70,000. Therefore a budget adjustment of $52,400 to the 2006 General Facilities Renewal & Replacement Budget is recommended at this time. The adjustment will allow the project to be undertaken as part of the larger City-wide contract 06-03 thereby taking advantage of the economies of scale and more favorable prices that are in place with that contract. Adequate reserves are available in the General Facilities Renewal & Replacement Fund to allow for this adjustment. • Contract 06-03 rovides for the bituminous overlay of the streets in the Meadowland 1s , Beaver Dam, Suncliff 1St — 5tn, Silver Bell Road, Art Rahn, Hillandale Addition, Whispering Woods, Slater Road and. Slater Acres neighborhoods. • On April 4, 2006, the City Council awarded Contract 06-03 to McNamara Contracting, Inc. • The existing condition of the parking lot pavement is rated at 23, within the Pavement Condition Index (PCI) ranking for a recommended improvement of reconstruction. The parking lot does not meet City standards for concrete curb and gutter. 9 • The proposed improvements would bring the parking lot to a good condition that could be maintained with routine maintenance. The parking lot would also be brought up to current City standards for curb and gutter. This change order provides for the removal and replacement of the existing bituminous in specifically needed locations, edge mill and overlay of the entire parking lot with associated striping and pavement markings, installation of concrete curb and gutter and repairs to the existing concrete curb and gutter. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council.action. • The change order provides for a cost increase of $67,161 (10.2% of original contract). 100% of the increased cost would be financed through the General Facilities Renewal & Replacement Fund. ATTACHMENTS: (None) Agenda Information Memo May 16, 2006 Eagan City Council Meeting H. JUNE - LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2006, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes. and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These, amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, sediment from erosion and various pollutants carried in storm water and runoff. All of these factors may impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributesof these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: • Proclamation, page �� CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2006 WHEREAS, Eagan has more than 350 lakes and ponds; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in these lakes; and WHEREAS, still others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a surface water quality management plan, making it one of the first Minnesota cities to do so; and WHEREAS, Eagan's water quality management program has been nationally recognized; and WHEREAS, the City has produced a State of the Lakes report for citizens regarding its seven Class I lakes; and WHEREAS, the City is currently updating its, water quality management plan to address efficiently and effectively the issues and needs of its surface water resources from 2006 to 2020. WHEREAS, the North American Lake Management Society is urging localities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, Eagan's Water Resource staff has deemed June to be a favorable month to hold such an observance every year; and WHEREAS, an Eagan Lakes Appreciation Month would be a good time to encourage residents or businesses to hold clean- up days at their nearest water body; and WHEREAS, the City Council proclaimed June 2006 as the first Eagan Lakes Appreciation Month; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2006 as Eagan Lakes Appreciation Month and urges residents to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. LM Its Mayor Motion made by: Seconded by: Those in favor: Those against: Dated: May 16, 2006 CITY OF EAGAN CITY COUNCIL Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16'h day of May, 2006. Maria Petersen, City Clerk Agenda Information Memo May 16, 2006, Eagan City Council Meeting I PROJECT 768, FEDERAL FUNDING AGREEMENT FOR PRELIMINARY ENGINEERING ACTION TO BE CONSIDERED: Approve a federal funding agreement for preliminary engineering for Project 768 (Northwood Parkway- Ring Road Extension- Bridge and Street Improvements) with the Minnesota Department of Transportation (Mn/DOT) and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • The City's Comprehensive Transportation Plan includes the development of a "Ring Road." circulator around the intersections of Pilot Knob Road, Yankee Doodle Road. and I -35E. The City has been coordinating the development and improvement of related infrastructure to accommodate this transportation element for the past 14 years. The major components remaining are the two overpasses at Duckwood Dr. and Northwood Dr. These require significant capital expenditures (est. $16.5 million) beyond what the city provide on a purely local basis. • Project 768 provides for the extension of Northwood Parkway over I -35E from Pilot Knob Road to Denmark Avenue, reconfiguration of the existing Northwood Parkway/Denmark Avenue intersection, bituminous trails on both sides of Northwood Parkway, and decorative street lighting. • The City has been successful in securing $1 million in federal funding which will be applied towards preliminary engineering and right of way acquisition for these improvements. • An agreement between the City of Eagan and Mn/DOT has been prepared providing for federal participation in preliminary, engineering of the Northwood Parkway- Ring Road Extension- Bridge and Street Improvements. As set forth in the agreement, the City's financial share of preliminary engineering is 0% while Mn/DOT's financial share of preliminary engineering is 100%. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. l� Agenda Information Memo May 16, 2006 Eagan City Council Meeting J. CONTRACT 06-07, CITYWIDE SANITARY SEWER LINING APPROVE PLANS & SPECIFICATIONS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 06-07 (Citywide Sanitary Sewer Lining Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, June 8, 2006 at the City Utility Building. FACTS • The City Council authorized sanitary sewer slip -lining improvements of about 5,000 linear feet of aging pipe for various areas within the'City as part of the Sanitary Sewer Operations and Facilities portion of the 2006-2011 Capital Improvement Program (CIP) and 2006 operating budget. • This improvement helps to control/contain excessive root growth into the system helping to prevent blockages and also eliminates ground water infiltration into our system reducing our treatment costs. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • The areas of sanitary slip -lining improvements are near the south intersection of Highway 55 and Highway 149, and in the Town View 1St Addition development in the northwest corner of Silver Bell Road and Blackhawk Road. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Agenda Information Memo May 16, 2006, Eagan City Council Meeting K. INSPECTION SERVICES AGREEMENT ACTION TO BE CONSIDERED: Approve a Blanket Partnership Agreement with the Minnesota Department of Transportation (Mn/DOT) and authorize designated City staff to execute work orders for requested engineering services. FACTS: • Mn/DOT offers technical services to local agencies such as the City of Eagan through their Partnership Agreement Program. It is financially prudent for the City to make use of certain Mn/DOT technical services during the course of local public improvement projects. • Public Works Department staff requires the type of technical services provided by Mn/DOT on numerous occasions, including material testing, concrete plant inspections, bituminous plant inspection, etc: for public improvements. • 'An agreement between the City of Eagan and Mn/DOT has been prepared providing the terms and conditions which Mn/DOT may provide the City with professional services. • Execution of this agreement does not force the City to use Mn/DOT services. Rather, it provides the City an additional resource for required technical services for economic evaluation. • The City Attorney's office has reviewed this agreement and found it to be similar to other service agreements and in order for favorable Council action. ATTACHMENTS: • Blanket Partnership Agreement, page§,_ through .39 X32 Mn/DOT Contract No. CFMS Contract No. STATE OF MINNESOTA PARTNERSHIP CONTRACT This contract is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Eagan ("Local Government Unit"). Recitals Pursuant to Minnesota.Statutes §471.59, subdivision 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of itspowerson behalf of the other governmental units; and Pursuant to Minnesota Statutes § 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with other governmental or non-governmental entities for research and experimentation, for sharing facilities, equipment, staff, data or other means of providing transportation related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further develop innovation in transportation for the benefit of the citizens of Minnesota; and The State, through its "Program Support" and "Program Delivery" Groups, offers a variety of transportation - related technical assistance and support services to other governmental units on a fee-for-service basis; and The Local Government Unit desires that the State provide transportation -related technical assistance and support. The State is willing to provide such support, upon request and subject to the terms, and conditions contained in this contract. Contract 1 Term of Contract 1.1 Effective date: This contract is effective on the date the State obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration date: This contract will expire five years. from its effective date, unless terminated earlier pursuant to Article 10. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this contract: 6. Liability; 7. State Audits; 8. Government Data Practices; and 9. Governing Law, Jurisdiction, and . Venue. 2 Duties of the Parties 2.1 The Local Government Unit may request that the State perform any of the services shown on Exhibit A, "Available -Services". The Local Government unit may also request that the State perform transportation - related services other than those shown on Exhibit A. 2. 1.1 The Local Government Unit must submit a brief written request for any services to the State. The request may be in the form of a letter, memorandum or purchase order and may be transmitted by fax or e-mail. A request may be made via telephone, but will not considered accepted unless acknowledged in writing by the State. The request must include sufficient detail on the scope of work to be performed to afford State the opportunity to assess the resources necessary to accomplish the work and develop a cost estimate. Rev. (12/00) Page 1 Mn/DOT Contract No. CFMS Contract No. 2.2 Upon receipt of a written request from the Local Government Unit, the State will evaluate the request and promptly inform the Local Government Unit if the State will perform the work, either as submitted or with modifications. If accepting the work; the State will identify a project manager for the work to be performed. Any work assignment accepted by the State pursuant to this contract is subject to all terms and conditions of this contract. 2.3 After the State accepts a work assignment, the State will promptly perform the work in a professional manner and in accordance with generally accepted government standards. If the Local Government Unit deems that the work is not proceeding in a satisfactory manner, the Local Government Unit will bring such concerns to the State's Project Manager in charge of the particular project. The Parties will endeavor to resolve any disputes concerning work under this contract in the most informal and cost-effective manner reasonably available. 3 Consideration and Payment 3.1 Payment Basis. The State may, at its option, charge the Local Government Unit on either a lump -sum or actual cost basis for performance of the work. 3.2 Actual Cost Basis. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the State will be billed on an actual cost basis. For work performed upon anactual cost basis, the State will provide a report showing the actual cost of the services performed by the State under this contract. The State's "Actual Cost" will consist of all of the following elements: (1) The actual cost of any materials provided by the State; and (2) Travel expenses reasonably and necessarily incurred by the State in the performance of the work. Such travel expenses will be subject to the. limitations contained in the "Minnesota Department of Transportation Travel Regulations" in effect at the time the work is performed; and (3) Labor costs incurred by the State in performance of the work. Such labor costs will consist of: (a) The actual hourly wage or salary of State personnel for time spent working on the project; and (b) Labor and overhead additive, at a rate to be determined annually by the appropriate State Financial/Accounting Officer. Labor additive will include fringe benefits, holiday and vacation pay, and applicable workers compensation and payroll tax expenses. (4) Equipment costs incurred by the State in the performance of the work. Such cost will consist of: (a) The hourly rental rate of the equipment; and (b) Fuel.and other direct operational costs not included in the equipment rental rate. 3.3 Payment (A ) The State will invoice the Local Government Unit upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties: Rev. (12100) Page 2 Mn/DOT Contract No. CFMS Contract No. (B) The Local Government Unit will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Department of Transportation Attn: Cash Accounting RE: MN/DOT CONTRACT NUMBER (include the "Mn/DOT contract number" shown on this agreement) Mailstop 215 395 John Ireland Blvd. St. Paul, MN 55155 IMPORTANT: THE REMITTANCE MUST INCLUDE THE "Mn/DOT CONTRACT NUMBER" 4 Authorized Representatives 4.1 State's Authorized Representative. The State's Authorized Representative for the administration of this contract is Richard Stehr, Assistant Commissioner or his/her successor. 4.2 Local Government Unit's Authorized Representative. The Local Government Unit's Authorized Representative for the administration of this contract is The Local Government Unit's Engineer for technical matters, and the Local Government Unit's Administrator or Auditor for financial matters. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign or transfer any rights or obligations under this contract without a written Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 5.2 Amendments Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or the State's, right to subsequently enforce it. 5.4 Contract Complete. This contract contains all negotiations and agreements between the State and the Local Government Unit. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 6 Liability Each party will be solely responsible for its own acts and omissions in connection with or related to this contract. The liability of the State is governed by Minnesota Statutes §3.736 and other applicable law. The liability of the Local Government Unit is governed by Minnesota Statutes chapter 466 and other applicable law. Each party will be, solely responsible for its own employees for any workers compensation claims. As any deliverables, including plans and documents, produced by the State pursuant to this contract may be incorporated into larger projects of which the State may not be aware, the State expressly disclaims any liability for the use of such deliverables and the results thereof. 7 State Audits Under Minnesota Statutes § 16C.05, subd. 5, the Local Government Unit's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the. State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expiration date of this contract. Rev. (12/00) Page 3 35 Mn/DOT Contract No. CFMS Contract No. 8 Government Data Practices The Local Government Unit and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided to or by the parties under this contract. The Act provides, inter alfa, disclosure and non -disclosure provision for various types and classifications of data provided to or by the State or the Local Government Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Local Government Unit or the State. 9 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings arising out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination by the State. The State may cancel this contract at any time, with or without cause, upon 30 days' written notice to the Local Government Unit. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 10.2 Termination by the State for Insufficient Funding. The State may immediately terminate this contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding or staffing levels cannot be continued at a level sufficient to allow for the provision of the services covered here. Termination must be by written or fax notice to the Local Government Unit. The State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. The State will not be liable for any damages sustained by the Local Government Unit as a result of the termination of this contraaby the State. 10.3 Termination by the Local Government Unit for Insufficient Funding. The Local Government Unit may immediately terminate this contract if it does not obtain funding from its governing body, or other funding source, or if funding cannot be continued at a level sufficient to provide for payment for the services covered here. Upon, such termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the effective date of such termination. 11 Additional Provisions 11.1 Exhibit A is attached and incorporated into this contract. 11.2 The parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes §15.51, et. seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes § 15.5 1, et. seq., and any provision in this contract is determined to conflict with such statute, then the statute will control to the extent of any such conflict. Rev. (12/00) Page 4 LOCAL GOVERNMENT UNIT The Local Government Unit certifies that the appropriate person(s) have executed the contract as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Dater By: _ Title: Date: Mn/DOT Contract No. CFMS Contract No. DEPARTMENT OF TRANSPORTATION By (with delegated authority) Title: Date: Mn/DOT CONTRACT MANAGEMENT By: Date: Rev. (12/00) Page 5 �� Exhibit Available Services Following are examples of services available from Mn/DOT pursuant to this agreement, and other services may be available upon request. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the "Municipal Agreement" process for cooperative construction programs. Maintenance Pavement Striping Bridge Construction/Maintenance . Services including: • Bridge load ratings • Bridge inspections • Hydraulic data system support/management Standards, Research and Govemance services including: • Bridge standards and specifications development • Bridge research • Bridge construction, maintenance and hydraulic training Bridge Construction and Maintenance Services including. • Construction planning and programming • Construction support • Steel fabrication services • Maintenance assistance Bridge Design Services including: • Preliminary bridge studies and plans • Final bridge designs and plans • Bridge construction estimating • Hydraulic structure recommendations • Consultant management Land Management • Appraisal Services • Legal Services • Eminent domain support • Legal descriptions • Geodetic surveying • Photogrammetdc Mapping • Platting • Direct Purchase Page 1 of 2 Electronic Communications • Electronic and telecommunications system design, installation and maintenance services. Materials • Pavement condition data • Materials testing • Box culvert inspection • Pre -stress beams for county and city bridges Page 2 of 2 Agenda Information Memo May 16, 2006 Eagan City Council Meeting L. PROJECT 939, TRI -AGENCY AGREEMENT (Eagan, Inver Grove Heights, Dakota County) TRAFFIC DEMAND MODEL STUDY (Co. Rd. 63 Corridor) ACTION TO BE CONSIDERED: Approve an agreement with Dakota County and Inver Grove Heights to conduct a Traffic Demand Model Study for the Co. Rd. 63 corridor, and authorize the Mayor and City Clerk to execute all related documents. FACTS: The City of Eagan conducted a "Northeast Eagan Land Use Study" during the summer of 2005 to evaluate the best and most appropriate use for the remaining undeveloped and under -developed land in Section 1. Concurrently, the City of Inver Grove Heights has been conducting similar evaluations of the property located within the Northwest area of their city adjacent to our Northeast corner. One of their land use scenarios includes a potential new interchange on I-494 near or just east of the current Co. Rd. 63 overpass. In 2005, the City of Eagan also conducted a Transportation Infrastructure Needs Analysis (TINA) Study to identify the scope of potential fixture transportation improvements and related financing needs necessary to meet the projected demands from development build -out. Some of the transportation needs identified in this study had to be limited to conceptual alignments and/or geometric configurations due to lack of detailed information for future variables in land use trip generation and existing/potential regional transportation access points. The results of these studies, combined with the region's projected growth of several communities in Dakota County south of Eagan and Inver Grove Heights, predict that future traffic volumes will exceed the capacity of the existing local, county and state transportation facilities in the general vicinity of NE Eagan and NW IGHts. There are many significant hurdles to constructing a new interchange. One is the need to document the necessity for a new interchange by identifying the number of trips projected to use this potential new facility. Another is the need to identify which existing facilities can have traffic volumes reduced to a level that will minimize the need for comparable significant infrastructure, improvements helping to justify the benefits Towards that end, the cities of Eagan and Inver Grove Heights along with Dakota County are proposing to conduct a Travel Demand Model Study for the general corridor of Co. Rd. 63 to try to identify where future traffic volumes can be more accurately projected based on several different land development and related transportation scenarios. Dakota County will be the lead agency on this study. The agreement has been reviewed by all agencies and their respective attorneys and found to be in order for favorable Council consideration. The estimated cost will be divided equally between all agencies. The Major Street Fund will finance Eagan's estimated share of — $30,000. Agenda Information Memo May 16, 2006 Eagan City Council Meeting M. APPROVE OWEST LAND LEASE AGREEMENTS ACTION TO BE CONSIDERED: Approve new land lease agreements with Qwest for their current telecommunications switching buildings and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 1985, the City entered into 20 -year land lease agreements with Qwest for the construction of 2 major switching stations. One is located next to the historic Old Town Hall and the other is located near the Sperry Water Tower. These lease' agreements expired on August 1, 2005. • The Public Works Department and City Attorney's office have been in continuous negotiations with Qwest over the past year to negotiate new leases for the next 20 years. The old terms provided for an annual lease of $500/yr for each site and the new terms provide for $6,000/yr with a 6-8% increase every year for each site retroactive to Aug. 1, 2005. • The agreements are finally in order for favorable Council consideration. 41 Agenda Information Memo May 16, 2006 Eagan City Council Meeting N. CONTRACT 06-03, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 (misc. street repair) to Contract 06-03 (Citywide — Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-03 provides for the bituminous overlay of the streets in the Meadowland/ Suncliff/ Silver Bell Road/, Art Rahn/ Hillandale/ Whispering Woods/ Slater Road neighborhoods. • A previous City project provided for the reconstruction of the pipe outlet from the pond (Pond AP -9) at the intersection of Erin Drive and Nicols Road., but not for the necessary street restoration. This change order provides for the street patching associated with the pond outlet reconstruction (ADD $4,594). • The cost of the additional work is consistent with bid prices received for relevant bid items under this contract and on other similar projects within the city and metropolitan area. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $4,594 (0.7% of original contract). 100% of the costs will be financed through the City's Storm Water Utility Fund. 4Z- Agenda Information Memo May 16, 2006, Eagan City Council Meeting O. APPROVE COMMENTS REGARDING ROSEMOUNT COMPREHENSIVE GUIDE PLAN AMENDMENTS ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties located on Hwy 3. FACTS: The City of Rosemount has distributed notices of Comprehensive Guide Plan Amendments to reguide a number of properties in the area of Hwy 3. While most of the changes are housekeeping items to bring the Rosemount Comprehensive Plan into conformance with details of the Evermoor development, one of the changes affects vacant land and is likely to result in additional traffic on Hwy 3. Adjacent municipalities and affected agencies are given the opportunity to comment on such amendments. ➢ While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf: The City of Eagan recognizes that demand for commercial and residential growth will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development that will affect Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities, Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the County and region between County Road 42 and I-494. ATTACHMENTS: ➢ Location map on page ➢ Rosemount Comprehensive Plan Amendment available upon request. 43 Y; ...... . .. ..... . . . . ...... ....... ....... : .. ....... . Bards Crossing Fa 1-j ........... . .. .......... ... 7` Zell. . . ..... . .. ...... ...... .......... . ..... ..... ........ .. ------. . .. ........ ............ < 44 ........... .. .... . ...... .... .. ... . . ........... . ......... .. .... .... ... . ... ... ............... . ..... . . .... . ........ .... . .... ... ................ T� L r......... . ............. .. ... ... .. . ......... ...... EAGAN ................. IN' .. ........ ............ ...... ............... I1.J 'ROSEMOUNT APPLE VALLEY ...... ..... .. . ........... ............... ................ ..... ....... ...... ... ....... . . .. ........ ......... ............... ..... .................... ....... . ...... ............ ............ - F .......... ............ ........................ .............. M NDRkWS,RDW ...... . . ...... .. .... I.-,.,/ . ......... L . ........ ..... ..... ........... ....... .... ........... ...... ................. ...... ... ..... .......................... ......................... ...... ... ............... ............. Evermoor 3rd] . . .. . . ........ ......... ... L.......... ........ ...... ;11 Q, . . . ...... .. ....... . Bards Crossing Fa 1-j 7` Zell. . . ..... . .. ...... ...... .......... . ..... ..... ........ ...... ;11 Q, 0 City of Rosemount Comprehensive Guide Plan Amendment Requests Areas with Proposed Changes to Residential 0.5 1 Miles Fa am 0 City of Rosemount Comprehensive Guide Plan Amendment Requests Areas with Proposed Changes to Residential 0.5 1 Miles Agenda Memo May 16, 2006 City Council Meeting P. AWARD CONTRACT TO HARRIS MINIATURE GOLF COURSES, INC. FOR THE CONSTRUCTION OF CAPTAIN'S COURSE, A NINE -HOLE MINIATURE GOLF COURSE WITHIN CASCADE BAY AND AUTHORIZE THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS. ACTION TO BE CONSIDERED: Award the contract to Harris Miniature Golf Courses Inc: in the amount of $158,419 for'the construction of Captain's Course, a nine -hole miniature golf course within Cascade Bay and authorize the Mayor to sign all appropriate documents. FACTS: • The City Council first reviewed the conceptual idea and design for a 9-h6le miniature golf course within Cascade Bay on January 17, 2006. • Based on the initial construction cost estimate and projected revenue the Council directe& staff to pursue the proposal with the expectation that this amenity could be incorporated in time for the 2006 Cascade Bay season. • The initial design documents and bidding process for the project have been completed. • Two bids were received and opened on May 10 and Harris Miniature Golf Courses, Inc. was identified as the low bidder. • Construction is expected to begin no later than June 5 with an expected completion date of June 30. ATTACHMENTS: None y5 Agenda Memo May 16, 2006 City Council Meeting. Q. AUTHORIZE THE ADVERTISEMENT FOR REQUEST FOR PROPOSALS TO ACTION TO BE CONSIDERED: Authorize the advertisement of requests for proposals to provide security officer services for events serving alcohol at the Eagan Community Center. FACTS: • Prior to the Eagan Community Center opening the City Council developed a policy to require the presence of an officer at all events serving alcohol. Off duty policy officers from the Eagan Police Department have provided this service to renters from the time the community center opened. • The cost for this requirement is the responsibility of the renter and has been set as a minimum three hour time period; typically from 10:00 p.m. to 1:00 a.m. That fee is currently $171. • Staff has researched other options for providing this service in an effort to provide lower costs to rental groups. Some of the information gained to date reveals that this professional service can be provided for four hours for a cost of $100. • The Operations Committee reviewed this item on March 30 and asked staff to follow up with the police department before bringing this back to the whole Council for consideration. • This issue has been discussed with the police department and although they would like to continue to be the security providers at the ECC they agree that the private security is a less expensive option for renters. ATTACHMENTS: None 4� Agenda Memo May 16, 2006 City Council. Meeting R. AUTHORIZE AN AMENDMENT TO THE EXCLUSIVE BEVERAGE CONTRACT THAT COVERS THE EAGAN COMMUNITY CENTER TO ALLOW FOR EVENTS THAT MAY CARRY OVER TO OTHER CITY FACILITIES AS DEFINED AND APPROVED BY THE CITY COUNCIL. ACTION TO BE CONSIDERED: Authorize an amendment to the exclusive beverage contract that covers the Eagan Community Center to allow for events that may carry over to other city facilities as defined and approved by the City Council. FACTS: The ECC currently has a contract in place that allows exclusive beverage service in that building for events that wish to serve alcohol. • With each event that occurs in the building the community center receives a percentage of the gross sales in exchange for that exclusivity. • As the use of the Civic Arena and Cascade Bay evolve to include more private rentals, weddings, reunions and other special events the requests for serving alcohol are starting to surface: • In the past both Cascade Bay and the Civic Arena held events with alcohol that were facilitated the same way as a pavilion rental. Renter(s) sign a permit to reserve the facility and then show proof of liability coverage on their homeowner's insurance policy in order to serve beer or wine in a pavilion. • By extending the existing ECC contract to other facilities that the Council might deem appropriate, the City of Eagan will be working with an existing contractor that has already provided all of the necessary insurance and liability coverage to allow a higher level of flexibility with events. This would also allow the facilities to capture some of the revenue from the beverage sales. • Director of Administrative Services VanOverbeke and the city attorney have reviewed the preliminary concept of amending the contract to include events at other city facilities as defined and approved by the Council. • The exclusive contractor is open to expanding their contract to other city locations only if the City Council gives specific direction as to which particular facilities or areas are. to be included. • The amendment to the contract would give the general approval to allow the contracted services in other city locations but each request could come before the Council for approval. • The locations that might benefit from this expanded inclusion would be the Civic Arena and Cascade Bay. ATTACHMENTS: None u -I Agenda Information Memo May 16th, 2006 S. DECLARE HAZMAT TRAILER SURPLUS AND AUTHURIZE SALE TO DAKOTA COUNTY SPECIAL OPERATIONS TEAM ACTION TO BE CONSIDERED: Declare the fire department hazmat trailer surplus and authorize the sale of this trailer to the Dakota County Special Operations Team for the amount of $3500. FACTS: • The fire department has an enclosed utility trailer that is no longer being used. We would like to declare it surplus and suggest that we sell the trailer to the Dakota County Special Operations Team (DCSOT) to use as a Homeland Security equipment trailer. This trailer would be housed in Rosemount to help the DCSOT team keep additional equipment available to respond to Northern Dakota County Cities. The trailer had been used by the fire department for hazmat equipment. We now utilize the DCSOT's 36 member highly trained and equipped team to respond to Eagan for major hazmat, confined space rescues, building collapse and other specialized rescue calls. • The trailer is a 1994 Interstate enclosed utility trailer. Size: 15x6 City ID Number: 5025 VIN Number: 1 UK500H28S1014250 License Number: 183-401 Approximate Estimated Retail Value: $1500-2000 • By donating this trailer to the DCSOT, it would allow the team to better respond to emergencies in our City. Dakota County Emergency Preparedness Director Dave Gisch has expressed that the DCSOT will purchase the trailer for $3500. WHO Agenda Memo May 16, 2006 Regular City Council meeting CONSENT AGENDA T. RECEIVE the Energy Conservation Measure Report for the Eagan Community Center prepared by Harris Companies and recommend conservation measures. The information regarding this item will be sent out Monday with the additional 'information. ffm Agenda Memo May 16, 2006 Regular City Council Meeting CONSENT AGENDA: U. Exempt Permit for Experimental Aircraft Association ACTION TO BE CONSIDERED: Approve an Exempt Permit for Experimental Aircraft Association, Chapter 25, to hold a raffle on October. 8, 2006 at Eagan Community Center FACTS: ❖ The Experimental Aircraft Association, Chapter 25, has applied with the Minnesota Gambling Board for an Exempt Permit to hold a raffle on October 8, 2006 at the Eagan Community Center. + The Gambling Board requires approval by the City prior to issuance of the permit. ❖ The Experimental. Aircraft Association has held this raffle for the past several years. ❖ Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: ❖ Attached as page is a copy of the proposed resolution 5� RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT EXPERIMENTAL AIRCRAFT ASSOCIATION WHEREAS, the Experimental Aircraft Association has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department. has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Experimental Aircraft Association, Chapter 25, to conduct a raffle on October 8, 2006 at the Eagan Community Center located at 1501 Central Parkway in Eagan. Motion by: Seconded by: Those in Favor: All Those Against: None Date: May 16, 2006 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, Clerk of the City. of Eagan, Dakota County, Minnesota, do hereby certify .that the foregoing resolution was duly passed and adopted by the City Council of the C1 of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16 day of May, 2006 Maria Petersen, City Clerk 51 Agenda Information Memo May 16, 2006, Eagan. City Council Meeting V. APPROVE CHANGE IN MANAGEMENT ON THE ON -SALE LIQUOR LICENSE AT JOE SENSER'S OF EAGAN, INC., DBA JOE SENSER'S SPORTS BAR & GRILL, 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve a change in management on the on -sale liquor license for Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Bar & Grill located at 3010 Eagandale Place. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Joe Senser's, Scott Smith, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): 52 Agenda Information Memo May 15, 2006, Eagan City Council Meeting W. APPROVE OFF -SALE LIQUOR LICENSE FOR CJ OF EAGAN LLC, DBA COMERS LIQUORS, 3090 COURTHOUSE LANE ACTION TO BE CONSIDERED: To approve the off -sale liquor license for CJ of Eagan LLC, dba Comers Liquors, 3090 Courthouse Lane. FACTS: ➢ Chip and Jenny Lim have applied for an off -sale liquor license with the City of Eagan. The business will be structured as a Limited Liability Company. The owners are purchasing the existing Comers Lone Oak Liquors. ➢ The change of ownership is scheduled to occur in late May. ➢ All required documents have ,been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): Agenda Information Memo May 16, 2006 X. CONTRACT 05-10, POND AP -9 — STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 05-10 (Pond AP -9 — Storm Sewer Improvements) in the amount of $1,827.25 to G. L. Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 05-10 provided for the construction of a pond outlet skimmer structure to serve Pond AP -9 to address consistent flooding issues at the street intersection of Erin Drive and Nicols Road. The existing outlet was a submerged outlet pipe which was frequently subjected to blockage by debris. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. 5q Agenda Memo May 16, 2006 City Council Meeting Y. AUTHORIZE THE MAYOR TO SIGN ALL APPROPRIATE DOCUMENTS. ACTION TO BE CONSIDERED: Award the contract to Hoisington Koegler Group iii the amount of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign all appropriate documents. FACTS: • The development of a master plan for Patrick. Eagan Park was part of the Council approved CEP 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. • A panel consisting of city staff and APrC representative interviewed three consulting firms on May 11 to review their project experience similar to the needs of Patrick Eagan Park master plan. • Once .the interview panel completed their discussion, Hoisington Koegler Group was unanimously identified as the consultant best suited to this project. After that discussion the quotes were opened to reveal the following bid detail: Hoisington Koegler Group Inc. $43,000 Brauer & Associates 49,550 Sanders Wacker Bergly Inc. 41,140 • The 2006 CIP targeted $90,000 for this master plan process. ATTACHMENTS: . None 55 Agenda Information Memo May 16, 2006 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE — SCOTT AND KRISTIN SEACRIST .ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a 5 -foot Variance to the required 30 -foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicants purchased the home in 2000 and have recently upgraded the exterior of the home, replacing windows, siding, facia and soffits. ➢ A 5' x 18' deck that encroached 5 feet into the required minimum setback from Carlson Lake Lane was removed at the front of the house to upgrade and repair the siding. i The applicant's intent was to replace the deck after all the upgrades were completed and have since replaced the sliding glass door and added a ledger board to accommodate the new deck at the front yard location. ➢ The applicants would like to replace it with a deck no larger than the original. 60 DAY AGENCY ACTION DEADLINE: June 16, 2006 ATTACHMENTS (1): Planning staff report on pages5l through Neighbor correspondence on page kI 5�o PLANNING REPORT CITY OF EAGAN REPORT DATE: May 4, 2006 APPLICANT: Scott and Kristin Seacrist CASE: 27 -VA -08-04-06 HEARING DATE: May 16, 2006 PROPERTY OWNER: Scott and Kristin Seacrist APPLICATION DATE: April 17, 2006 REQUEST: Variance to Setback PREPARED BY: Erik Slettedahl LOCATION: Lot 7, Block 3, Wilderness Park Addition COMPREHENSIVE PLAN: LD -Low Density Residential (0-4 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST The applicant is requesting a 5 -foot Variance to the minimum 30 -foot front -yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. .s� Planning Report Seacrist-Variance May 4, 2006 2 of 3 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60 requires a 30 -foot minimum structure setback from public rights-of-way for residential developments. City Code requires that decks satisfy structure setback requirements from rights-of-way. BACKGROUNDIHISTORY The existing home was constructed in 1978. The applicants purchased the home in 2000 and recently removed a 5' x 18' deck at the front of the house to upgrade and repair siding. There was also a larger 15'x 15' deck at the rear of the home that was removed as well. EXISTING CONDITIONS The subject lot is 17,900 square feet and contains a 3 -bedroom, split level home that appears to be setback at the minimum 30 - foot setback requirement from the Carlson Lake Lane right-of-way. The home has recently been updated including new siding, soffits, facia, and windows. A sliding glass door is located at the front of the home that previously provided access to a narrow deck, and a new ledger board was installed to accommodate a replacement deck. EVALUATION OF REQUEST The 5' x 18' deck located in the front yard of the home was removed in order to replace rotted siding. The applicants would like to replace it with a deck no larger than the original. The replacement deck would encroach 5 feet into the required minimum setback from Carlson Lake Lane. Mature landscaping exists in the front yard and on either side of the proposed deck location that provides some screening from the right-of-way and neighboring properties. The larger deck at the rear of the home meets City Zoning requirements and may be replaced without need for a Variance. Sv Planning Report Seacrist-Variance May 4, 2006 3 of 3 APPLICANT'S ESTIMATE OF HARDSHIP The applicants have recently completed a major improvement project to the exterior of their home, replacing siding, soffits, facia, and all windows. According to the applicant, the original decks on the home were installed incorrectly without ledger boards and flashing, causing rotted siding that needed replacing. The applicant's intent was to replace the decks after all the upgrades were completed. They have since replaced the sliding glass door and added a ledger board to accommodate the new deck at the front yard location. It was only after a permit was reviewed, for the deck replacement that the applicants were informed that the deck would not meet front yard setback requirements. The applicants have stated that they would like approval of the Variance in order to complete the look of their home as intended. SUMMARY/CONCLUSION The applicant is requesting a Variance to the front yard setback requirements to replace a 5' x 18' deck at the front of the home that would encroach 5 -feet into the required front yard setback from Carlson Lake Lane. The original deck was removed to complete upgrades to the exterior of the home. ACTION TO BE CONSIDERED To approve (OR direct findings of fact for denial) a 5 -foot Variance to the required 30 -foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit.for the deck must be obtained before any construction work may begin. 3. The deck shall not exceed the proposed size of 5' x 18' and shall not encroach any further that 5 feet into the front yard setback. 59 gek Eagan Boundary Location n Map A"Right-of way Parcel Area iir; Park Area Building Footprint (5 �► .✓" Y Yr 1Jf r a a II �+a �u wa e12 ® ® D .i}: �• �►!® tL 3(Ik tCfyybt�jpp�Wjy� In �{0.sf. em® gga ® � Wl i .✓ ® OR a.0 i r � �']K,+��9'�t9ri1 � � V;" ® � �11t 54/ � F'gYq���7A� �A• M SAM` i r �d�j `(CSI iU'alaf ` Fi4JAt fi. S x? 1 e�+ �S F„ �` � ® � ��� �t'�n«Y'`",�,�r B ® � m m v • re �+1;'kti G� ,�'�ry�+ ;w�}^� ^���i° �' ® � Si )� � Y y..;. ,. Sub•ect Site . ®O ®IL 161 Y� "aP %Mk,19 ., �1", n �4f5tlr ® 1 9 a • ® ®� yyyy I , `� r ilRIM 4`' x+11 ��eai�,6",�� 7n�4�/ � Ylfc �f �b� f."�i ke 4"y� KP }i [j I (a k IYROW W NM ■e110 �° �� y � � �� l; ,a asIt�r s1uu k6'y��4 x_11 uY FAil4 A w+d�y' �4, t; ' v � �r �I �.' }. .. W •� .i r !.'`�v a �o-,t i� �i��� r <q. w-awomur.• v«.fi`A � � � � + � f�'� '4. �r?� r 1 ♦t� � yip A.. _ I'1p,.f; µ 1f `x ®I b 91 g, B ,r°• , � �: fa ! A m d ®� O � ® B g IDS •® �z , �sp "�3 M { $4}1'pe 91 Ao igjl L L "'I"f E �A�4 ■'Int 1000 0 1000 2000 Feet Development/Developer. Scott and Kristin Seacrist Application: Variance Case No.: 27 -VA -08-0406 ��jj f q q� V Ol Eajan Wp Prepared using ERSI ArcView 9.1. Parcel base map data provided ///111��� by Dakota County Office of GIS and Is current as of April 2005. (v► N W B U THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and aro S community Development Department not responsible for errors or omissions. x LSoN LAKE LN C WILDERNESS RUN RD Variance Reg4est SITE MAP Scott and Kristin Seacrist 0 12.5 25 50 N 1238 Carlosn Lake Lane CJI Feet •,• ice• - __.. h's' - May 4, 2005 Community Development Department 3830 Pilot:Knob Road Eagan, MN 55122 Re: Case # 27 -VA -08-04-06 We fully approve of the Seacrist request for variance on the deck at the address of 1238 Carlson Lake Lane. I am concerned to learn of the task involved in the Seacrist's getting the deck rebuilt which they took down to improve the appearance of their home by installing new siding. In my opinion this caused a considerable waste of time and tax dollars with this process 'in order to rebuild the deck that was already there. Sincerely, Julie & Gregory Jones 1233 Wilderness Park Circle Eagan, MN 55123 6�3 Agenda Information Memo May 16, 2006, Eagan. City Council Meeting NEW BUSINESS A. BLACKHAWK ROAD/GALAXIE AVENUE NO PARKING ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking. on the east and west sides of Galaxie Avenue between Plaza Drive and Cliff Road (CSAH 32), and on the east and west sides of Blackhawk Road between Cliff Road (CSAH 32) and Beecher Drive, and authorize the Mayor and Deputy City Clerk to execute all related documents. FACTS: • On May 2, 2006, the City Council approved Project 934 involving improvements to the Galaxie Avenue/Blackhawk Road and Cliff Road (CSAH 32) intersection and authorized the preparation of detailed plans and specifications. • It is desirable for the City to obtainthe use of State Aid funding to reimburse the construction costs of the proposed improvements. • The proposed design of the improvements to the Galaxie AvenueBlackhawk Road and Cliff Road (CSAH 32) intersection meets the State Aid standard's for intersection approaches without on -street parking on both sides of the street. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. • Notices were sent all potentially affected property owners informing them of this proposed parking restriction. No objections have been received to date. ('0y Agenda Information Memo May 16, 2006, Eagan City Council Meeting B COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION — OAK HILLS CHURCH ACTIONS TO BE CONSIDERED: To approve a Comprehensive Guide Plan Amendment changing the land use designation from QP (Quasi -Public) to LD (Low Density Residential) approximately 0.94 acres to create two single-family lots located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road opposite the entrance to the City Maintenance Facility) in the NW '/4 of Section 16. To approve a Rezoning of 0.94 acres from PF, Public Facilities to R-1, Single-family Residential, located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/4 of Section 16. To approve a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/4 of Section 16, subject to the conditions listed in the APC. minutes. REQUIRED VOTE FOR APPROVAL: Comp Guide Amendment and Rezoning At least four votes Preliminary Subdivision — Majority of Councilmembers present. FACTS: ➢ The Advisory Planning Commission held a public hearing on the Comprehensive Guide Plan Amendment on September 27, 2005, and recommended approval. ➢ On October 6, 2005, the. City Council reviewed the proposed Comprehensive Guide Plan Amendment and directed that the proposed amendment be submitted to the Metropolitan Council ➢ City staff submitted the proposed amendment to the Metropolitan Council and on November 21, 2005, the Metropolitan Council notified the City of their review and approval of the land use change. ➢ Implementation of the Comprehensive Guide Plan Amendment was withheld to be concurrent with the Rezoning and Preliminary Subdivision for this property: i The applicant submitted the applications for Rezoning and Preliminary Subdivision in March, and on April 25, 2006, the APC held the public hearing and recommended approval of both requests. Hn ➢ In July 2005, the City Council held a public hearing on the vacation of drainage and utility easements, but withheld action on the vacation request to be concurrent with the Final Subdivision application for this property. 60 DAY AGENCY ACTION DEADLINE: Rezoning — extended to July 12, 2006 ATTACHMENTS (4): April 25, 2006 APC Minutes, page 6 Planning Report, pageg through B. Oak Hills Church Applicant Name:Oak Hills Church Location: 1570 Yankee Doodle Road; Lot 1, Block 1, Oak Hills Church Application: Rezoning A Rezoning of .94 acres from Public Facility (PF) to Residential Single Family R-1). File Number: 16-RZ-04-03-06 Application: Preliminary Subdivision A Preliminary Subdivision to create 2 single family lots. File Number: 16 -PS -05-03-06 Planner Dudziak introduced this item and highlighted the information pfented in the City Staff report dated April 19, 2006. She noted the background and history= Chair Hey[ opened the public hearing. There being no public comment, Chair Heyl closed the ffllr daring and -f ,ned the discussion back to the Commission. Chair Heyl stated the proposal is compatible witK-tfiec d"e.velopm t to the south b0ause it is next to the City's facility, a pond, consists of only two a mext to a trail syst6m. She stated she will vote in favor of approval. Member Hansen moved, Member BendfiRanded a motion td9W—,pmme.nd approval of a Rezoning of 0.94 acres from PF, Public F c1llttTgA a..R-1, Single=�1-Ptesidential located, located at the southwest corner of the propigy a ° :V&ankee Dolle Road (east of Coachman Road), in the NW '/ of Section 19L All voted in favor. Member Hansen m veemberNbnu.n dt seconded otion to recommend approval of a Preliminary Subdivision' req ,JgLs upon q,44 acres located at the southwest corner of the property atr.1 7.A...Yanke -N : dleXUadVt3SW- Coachman Road), in the NW '/4 of Section 16 subject t�iie" cond1fts: 1. Thi&ayeloper shall cry with-I&W standards conditions of plat approval as adopted by Cou—fan February 2,"M3: A1,199, B4, C1, D1, and E1 2. The pr shall be plaltl. 3. The deve shall cons the sanitary sewer services to Lots 1 and 2 using trenchless technology, &out distuMng the paved surface of Coachman Road. 4. The developer ;�,p�ide the trail easement necessary to construct the trail segment along the east sidffi ;oachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills CFurch Addition, in a form acceptable to the City Attorney. 5. The developer shall be responsible for construction of the trail along the east side of Coachman Road adjacent to this development (Oak Hills Church 2"d Addition). 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100 -year storm event elevation of Pond CP -1 (to elevation 835.2). 7. Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for Lots 1 and 2, Block 1. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. This development shall be responsible for cash park and trails dedications, payable at the time of final plat at the, rates then in effect. 10. All voted in favor. Motion carried 7-0 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: April 19, 2006 APPLICANT: Oak Hills Church PROPERTY OWNER: Oak Hills Church REQUEST: Rezoning/Preliminary Subdivision LOCATION: 1570 Yankee Doodle Road COMPREHENSIVE PLAN: QP, Quasi -Public ZONING: PF, Public Facilities SUMMARY OF REQUEST CASE: 16-RZ-04-03-06; 16 -PS -05-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 14, 2006 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Rezoning of 0.94 acres from PF, Public Facilities to R- 1, Single-family Residential, and a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW. '/a of Section 16. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. 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: Planning Report — Oak Hills Church April 25, 2006 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. 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." Planning Report — Oak Hills Church April 25, 2006 Page 3 BACKGROUND/HISTORY In 2005, Oak Hills Church proposed an amendment to the Comprehensive Guide Land Use Plan to create a LD, Low Density residential land use designation upon 0.94 acres in the southwest corner of the Oak Hills Church property to allow construction of two single-family homes. The City Council directed that the land use amendment be submitted to the Metropolitan Council. The Metropolitan Council did review the proposed land use amendment, and responded in November, 2005, indicating that "further action [by the Metropolitan Council] on this review is waived and the City may place this amendment into effect." Implementation of the land use amendment has been withheld pending the subdivision and rezoning applications. The applicant also petitioned the City to vacate the drainage, and utility easements in the southwest corner of the property to allow for this application and development of two residential lots to occur. A public hearing on the vacation was held on July 5, 2005, and action was taken to continue consideration of the vacation request to be concurrent with the final subdivision application for the property. EXISTING CONDITIONS The site proposed for the two single-family lots is at the southwest corner of a 7.0 acre lot which contains a church on the northern portion of the property, and has a pond covering the southeast portion of the property. The0.94 acre site is between the pond and Coachman Road, is vacant and contains some wooded areas. The land slopes down to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal ' Oak Hills Church proposes to establish two single-family lots on the southwest corner of their property on Coachman Road. "It is the Church's intention ... to construct 2 single- family homes on the portion of the property to be rezoned ... [and] to maintain ownership of at I . D Existing Use Zoning Land Use Designation North Commercial NB, Neighborhood Business RC, Retail Commercial East Single-family residential PD, Planned Development LD, Low Density Residential South Single-family residential PD, Planned Development LD, Low Density Residential West City Maintenance/Water Treatment Facilities PF, Public Facilities QP, Quasi -public/ Institutional EVALUATION OF REQUEST Proposal ' Oak Hills Church proposes to establish two single-family lots on the southwest corner of their property on Coachman Road. "It is the Church's intention ... to construct 2 single- family homes on the portion of the property to be rezoned ... [and] to maintain ownership of at I . D Planning Report — Oak Hills Church April 25, 2006 Page 4 least one of the lots to construct a single-family house. The other lot may be sold on the market to someone willing to construct a compatible house for the area." Compatibility with Surrounding Area — Compatibility with surrounding uses was considered in the evaluation of the land use amendment to establish a LD land use on the 0.94 acre site for two single-family homes. The applicant's narrative states "We believe that the residential lots are completely compatible with the surrounding area .... While the area immediately west is the existing City of Eagan maintenance facility, we believe that the continuation of the single-family to the north allows for this type of use on the parcel." Densi — Two lots on 0.94 acres results in a density of 2.13 units per acre. Lots — Each lot is approximately 85' wide by 240' deep. The lots extend into the pond area. The gross area of Lot 2 is 20,400 sq. ft. (.468 acres) and of Lot 1 is 20,538 sq. ft. (.47 acres). The estimated area above the required easement area over the pond is about 8,750 sq. ft. for each lot. Setbacks — R-1 setbacks will apply to both Lots 1 and 2. Minimum required setbacks are 30 feet from Coachman Road, and 10 feet from side lot lines (5 feet for garage) and 15 feet from rear lot lines. Because the rear yard extends into the pond, the constraint will be the drainage and utility easement as structures cannot be placed within the easement area. Site Plan — The site plan shows two conceptual building pads that satisfy the R-1 setback requirements. With the vacation of the easement, the lot depth is approximately 70 feet between the front lot line and the new easement line. Applying the minimum 30 foot front yard setback, a building depth of approximately 40 feet could be accommodated on each lot. Applying the R-1 side yard setbacks to the 85 -foot wide lots results in a possible building length of approximately 70 feet. Thus, a building pad area of approximately 70' x 40' can be accommodated on each lot. Gradin Topography — The site is wooded and generally slopes to the east toward the existing pond on the site. Utilities — Water main service is readily available to serve the proposed development. Sanitary sewer service is available from existing sanitary sewer along the west boulevard of adjacent Coachman Road. 'Because Coachman Road was recently overlayed (City Proj. 917 in 2005), the developer should construct the sanitary sewer services to Lots 1 and 2 using trenchless technology, without disturbing the paved surface of Coachman Road. Access/ Trails — The driveway accesses for both lots are proposed directly onto Coachman Road. A City trail along the entire length of the Oak Hills Church property (east side of Coachman Road) was proposed with City Project No. 917 — Coachman Road Street, Improvements, but denied by the City Council due to the objections from Oak Hills Church regarding trail easement 11'. Planning Report — Oak Hills Church April 25, 2006 Page 5 dedication required on their property, and assessments. A trail is warranted at this location in accordance with the City's Community Trail System Policy (Dec. 2004). With this development of the property, the developer should provide the trail easement necessary to construct the trail, as well as be responsible for construction of the trail along Coachman Road adjacent to the property proposed to be subdivided in the southwest corner. Easements/ Permits/ Right -of- — The development property is adjacent to Pond CP -1 (as designated in the City's Storm Water Management Plan). Drainage & utility easements were dedicated over Pond CP -1 (as designated in the City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to provide for flood storage for large runoff events. To accommodate this development proposal, a portion of these easements in the southwest corner of the lot would need to be vacated. The City Council has held a public hearing for the vacation, but continued action until final subdivision consideration of this development. The easement required to be vacated would be over Pond CP -1 in the southwest corner of the property to 3 feet above the calculated 1% rainfall event pond level, in accordance with current City standards.. Wetlands/Water Quality —This proposed 0.94 -acre subdivision is located adjacent to City Pond CP -1, which is in the state public waters inventory (#19-0138W). There are no proposed impacts to this wetland. Due to the size and nature of this residential subdivision, -water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. Tree Preservation — Individual. Lot Tree Preservation Plans will be required at the time of building permit application for both Lots 1 and 2. Parks and Recreation — This development is responsible for a cash parks and trails dedications, payable. at the time of final plat at the rates then in effect. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. SUMMARY/CONCLUSION The applicant is requesting approval of a Rezoning from PF to R-1 and a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the Oak Hills Church property south of Yankee Doodle Road and east of Coachman Road. This proposal is consistent with requests in 2.005 for vacation of the drainage and utility easements over the site and for a Comprehensive Guide Plan Amendment to change the land use designation from PF to LD on the .94 acres. The proposed lots meet R-1 dimensional and lot area requirements. R-1 zoning standards will apply to the new lots. 72- Planning Report — Oak Hills Church April 25, 2006 Page 6 Construction of the proposed the sanitary sewer services to Lots 1 and 2 should be done using trenchless technology, without disturbing the paved surface of Coachman Road because the road was overlayed in 2005. With this development, the church should provide the trail easement as well as be responsible for construction of the trail along Coachman Road, consistent with the City's Community Trail System Policy (Dec. 2004). ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 0.94 acres from PF, Public Facilities to R-1, Single- family Residential located, located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW'/a of Section 16. To recommend approval of a Preliminary Subdivision to create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of Coachman Road), in the NW '/a of Section 16. If approved, the following conditions should apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B4, C1, D1, and E1 2. The property shall be platted. 3. The developer shall construct the sanitary sewer services to Lots 1 and 2 using trenchless technology, without disturbing the paved surface of Coachman Road. 4. The developer shall provide the trail easement necessary to construct the trail segment along the east side of Coachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills Church Addition, in a form acceptable to the City Attorney. 5. The developer shall be responsible for construction of the trail along the east side of Coachman Road adjacent to this development (Oak Hills Church 2°d Addition). 6. This development shall dedicate drainage & utility easements to an elevation three feet above the calculated 100 -year storm event elevation of Pond CP -1 (to elevation 835..2). 7. Individual Lot Tree. Preservation Plan shall be. submitted at the time of building permit application for Lots 1 and 2, Block 1. 8. A cash dedication in lieu of on-site water quality ponding should be required for this development. 9. This development shall be responsible for cash park, and trails dedications, payable at the time of final plat at the rates then in effect. 75 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered. over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 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 dedicateadequate 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 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in .accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. LEI 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 Devised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval 15 Location Ma p Eagan Boundary e�,p�� Parka Building Footprint � P I,V�C 0g tr Y4�JF�t 4,v'y ® ® f Swap ® udj.`h'�j 'pii'N��yrny 9 d.�l7,i �bhE 13�✓� 4� Oman I a� 16 ®' �® ®®® ub SOct ®® ®®E®EfA Site0 ® I low A� AFM a1100 IL t`fi m an wro a n ° u uu ° USE e IS an an as 11 ■ g s v ! ® �i a� mile aP ® � $ • 9 i �" " A 1d ,,U '{ 7 #"s .31URi ®® ® ®S LCtil�V', ® + ® 8 QO ^ Canph r 'Aa 'rc ipys M M. ..... ���;�-'�L��'� 1F4 Dal • n..e'�; ft4�::y it 1000 0 1000 2000 Feet Development/Developer. Oak Hills Church Application: Rezoning, Preliminary Subdivision Case No.: 16-ItZ-04-03-06 and 16 -PS -05-03-06 Cityof Galan Map Prepared using E"l "now &1. Parcel bees map date provided by Dakota County 0f00e of 018 and is current as of April 2005 _7 to N W+ E THIS MAP IS INTENDED FOR REFERENCE USE ONLY communiq Dew--F-a at Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan oak Hies Church Land Use Map Case No 16-RZ-04-03-06 and 16-PS-05-03-06 Zoning Map -11 ID m R-4 A roa LB- NOP R-4 NB A RD Co nnicee DooDLe aoao� 77 Location �� Current Zoning: R-4 PF R-4 PF Public Facility PD R-3 PF m `hdm®' ® o P 91i00 0O 000 1100 Foot PD Comprehensive Guide Plan P Land Use Map mme m HD SA ols HD R co Location " O°°DKAROAD) E4 Fm Current Land Use Designation: aPD O H QP Quasi-Public/Institutional Coucll directed LD land use change to SA �� �t D�' Met CouncilEa QP ® �¢I/ EI a©� P 0S C am 0 600 1100 Foot A m rM I 1 n par0nt base map Information providedby Dakota. County Land Sway DepartmertDeamber 2608. ((��tt i� q� Zoning Information maintained byCmy Stag MyOf Eaka � 7 N W+ E l I THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County"do not guarantee the accuracy of this iftformatlon. 5 Is 8 Oil X19 if I S a e le °1— j, © � � � —,+ 0 ke it/ i L—T----------------=------------------------1 r----------------------------------------- -- p N all a tt e 1 jet 3IL A 1i Ij ja Ary r A. $: 111i 1l 110 � URI a II uIll N lh I ��PRELIM. PLAT 0 W w U W j•13 I C);;;'r a' .. r: GOVAI r."NAM uJ C3 I . C: CLLJ LIJ H; �.._. _ _ :: c� I '. l I I _ I I ." I I € I L-------------------------------- ``------ `� -- _� r----------------------------------------- -- p N all a tt e 1 jet 3IL A 1i Ij ja Ary r A. $: 111i 1l 110 � URI a II uIll N lh I ��PRELIM. PLAT 0 W w U W RECEIVEL t.eHf1 1:4 2006 9= -x YANKEE DOODLE ROAD SITE PLAN gi J O D r PY .4 �\ � 1 zar+raa'£ _ rn.nn GOONR CALL CALL YOOWCi NNYI.�LL•LLL>Q.II�.n.LLRL .177-1 MOLMON NOTNSP :� X.. _ ...., ., .,. 95LSITE LOCATION53-f_T` 5*_.;-ff.?.>`":';�? OAK HILLS CHURCH m.,uauooapaaalP uwltPaRN lan 1S dtyl of saw OL6901TLRi won RA•LomalsR mlmRAtNR NOT FOR CONSTRUCTION CI"f Y SUBMIT-TAL MARC11152W8 ' n t OAK HILLS CHURCH SUBDIVISION EAGAN. M1V A LANDFORM .LA D ORM nINNLAPOLI3•PHOENIH Ivcvnc. aoncuar. NLLAQILI PLmal FAB"commww a DEMON w RAN C1.1 RECEIVED MAR 1-4 2006 _ .. LX7 O.... . x O D r PY .4 �\ � 1 zar+raa'£ _ rn.nn GOONR CALL CALL YOOWCi NNYI.�LL•LLL>Q.II�.n.LLRL .177-1 MOLMON NOTNSP :� X.. _ ...., ., .,. 95LSITE LOCATION53-f_T` 5*_.;-ff.?.>`":';�? OAK HILLS CHURCH m.,uauooapaaalP uwltPaRN lan 1S dtyl of saw OL6901TLRi won RA•LomalsR mlmRAtNR NOT FOR CONSTRUCTION CI"f Y SUBMIT-TAL MARC11152W8 ' n t OAK HILLS CHURCH SUBDIVISION EAGAN. M1V A LANDFORM .LA D ORM nINNLAPOLI3•PHOENIH Ivcvnc. aoncuar. NLLAQILI PLmal FAB"commww a DEMON w RAN C1.1 RECEIVED MAR 1-4 2006 ow 1-11m T m m G) Z G) 00, RTE O ALL Mao, N ALL., me X, 0-�- 14carm mw%mm� 0 w 40 SCALE JIN PKILT U-12 NOTES: --2 17.nGRADING & PAVING WOTES!F.2-7.7=—., SEROSION CONTROL NOTES;"_ --n..., NOT FOR CONSTRUCTION WGWE PAD DETAIL CITY SUBMIT'T'AL MARCH IM MW OAK HIUS CHURCH SUBDIVISION LANDFORM FULL BASEMENT WALK-OUT(WO!® HOLD DCtN DETAIL EK09Mcorwanm C3.1 RECEIVED, -.,,I 1.4 M ON NOTES a's^-:%'`�='>'S '3UTNITY NOTE3-1'.T:"=-:e'z-�-:—= LANDFORM MINNEAPOLIS•PNOENIR OAK HILLS CHURCH GOPHTATE ON CALL �awsrt� INIAIMLEnoaucnolm CALL yumi . �. awllR.Ps.•sm.101.O.r.l C4.1 RECEIV _,j MAR 14 2M EEONOI R4IOlf WOITI ]IA JOE RIQR OANFI(AliOl PRSJMNARY NOT FOR CONSTRUCTION _.. VNl III... WIV IIWI CliRiliViCif1N LANDFORM MINNEAPOLIS•PNOENIR GOPHTATE ON CALL �awsrt� NbNRno UENI01 umnrrtw CALL yumi . �. awllR.Ps.•sm.101.O.r.l C4.1 RECEIV _,j MAR 14 2M Written Narrative for Oak Hills Church Oak Hills Church is requesting a Preliminary Subdivision and rezoning on a portion of their, property to allow for the development of 2 single-family residential lots in the southwest corner of their property. The existing land use is Quasi -Public with an existing church occupying the site. A large portion of the south half of the site is a wetland area. Oak Hills Church received approval in 1997 to construct a church on a 7.09 acre parcel located at the southeast corner of Yankee Doodle Road and Coachman Road. The parcel was previously guided for medium -density residential development. The church development occurs on the north half of the property. The remaining parcel is generally comprised of wetlands. However, there is a non -wetland area along Coachman Road particularly in the southwest corner of the 7.09 acre parcel. This area abuts an existing single-family residential development to the south. The lots would be located generally east of the existing maintenance facility access to Coachman Road. The current Comprehensive Guide Plan designation is Low Density Residential (LD) based on a Comprehensive Guide Plan Amendment approved by the City of Eagan in the fall of 2005. It is our intention with this application to rezone the subject property to now be consistent with the comprehensive guide plan. The surrounding land uses and zoning within 660 feet of the property consist of public facility to the west (City owned property);.a planned development of single-family residential to the south; a planned assisted living facility to .the. east; and neighborhood business and limited business on the north side of Yankee Doodle Road. It is the Church's intention, upon receipt of the approval of the rezoning and preliminary subdivision plan, to construct 2 single-family homes on the portion of property to be rezoned. The intention is for the church to maintain ownership of at least one of the lots to construct a single-family house. The other lot may be sold on the market to someone willing to construct'a compatible house for the area. Construction of the two homes would be constructed in late 2006 or early 2007. We believe that the residential lots are completely compatible with the surrounding area. The area to the south is already existing single-family residential houses and there is sufficient separation from the area of the proposed lots to the existing church facility. While the area immediately to the west is the existing City of Eagan maintenance facility, we believe that the continuation of the single-family to the north allows for this type of use on the parcel. City infrastructure is available at the site and while the entire area has a drainage and utility easement over the lots, there area no utility in the areas that will be in conflict with this development. We are confident that the City of Eagan will benefit from providing additional quality residential area in the community. R C�IV�D MAR 14 Agenda Information Memo May 16, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION CSM (WATERS ANNEX) ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for one office building and three office/warehouse buildings upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1" Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions, listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site is vacant, lightly wooded with rolling topography, and contains three wetland areas. The eastern portion of the site contains a wetland area and a, ridge fine that is heavily wooded. ➢ The applicant is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings, and a Preliminary Subdivision to create four lots. ➢ Each of the buildings will need Final PD approval prior to construction. ➢ Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. ➢ The building design appears compatible with other existing buildings in this area. ➢ No filling, draining or excavating of existing wetlands is proposed. ➢ Tree removal is proposed in an amount less than allowable limits. ➢ The developer has indicated a willingness to incorporate low impact development (LID) strategies for this project. 60 DAY AGENCY ACTION DEADLINE: Extended to July 13, 2006 ISSUES: ➢ In response to the APC's comments regarding building materials, CSM made some adjustments in the loading dock areas so those elevations will use two materials rather than one. CSM also provided calculations verifying that the 65% of Class I materials are utilized. While only two Class I materials are used, the rockface CMU is proposed to have a finish that looks like stone, so the appearance will be that of three different materials -- brick, glass and stone. ➢ CSM has clarified the parking calculations for the office building on Lot 4. Staff has' reviewed the calculations and based on the area of 171,200 sq. ft. for the 3 -story office building, the applicant's proposed 913 parking stalls do meet City Code requirements. ➢ CSM is showing a proof of parking area on Lot 1 for the 20 -stall shortage for the building Lot 2. The parking area behind Lots 1 and 2 allows for free. movement between the lots and combined the area would provide the required parking for both lots. An easement benefiting Lot 2 would be executed over the excess parking on Lot 1 to ensure availability of parking for each lot. ATTACHMENTS (3): April 25, 2006 APC inutes, pages through Staff Report, pages through � Correspondence, revised elevations, and proof of parking plans from CSM dated May 8, 2006 D. Waters Annex Applicant Name:CSM Equities INC Location:Lots 1&2, Block 1, Silicon Graphics 1st Addition Application: Preliminary Planned Development A Preliminary Planned Development for 4 office/warehouse buildings. File Number: 01 -PD -01-03-06 Application: Preliminary Subdivision A Preliminary Subdivision of 45.52 acres to create 4 lots. File Number: 01 -PS -06-03-06 Planner Dudziak introduced this item and'highlighted the informationgp nted in the City Staff report dated April 19, 2006. She noted the background and history .. Paul Vetter, Director of Architecture for CSM asked for consic,atiorr.51gondition number 9 with respect to parking. He stated they are comfortable with the aunt of j&- as proposed. Chair Hey! opened the public hearing. There being no public comment, Chair Heyl close-rdlfigpyblic homing and turned' °tom discussion back to the Commission. - Member Matthees moved, Member Gladhill seconded a moIR&Lo recommend approval of a Preliminary Planned Development for 06gpffipe building an—e office/warehouse buildings and a Preliminary Subdivision to create* i - on approxi l 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon GF" hic dition, loc96d east of Lone Oak Drive and Lone Oak Parkway in the SW'/ of Sectlqo su4ok �Aing conditions: 1. A Preliminary PlannnentAgreerent shall be"executed and recorded with the Dakota County R4Mrder's o0ft. The follow'qg plans are required for the Preliminary Planned Developm green: • Pre-fi "'"teal)�- mi� Bn - Preli@Rlfia bns eliminandscape (flan • P- tinaryg%Plan 2. �VKR-L-_Planned Deve1WRent Adir ent shall be executed for each phase and lot within the d—' ment site. TUVollowifig plans are ,necessary for the Final Planned Development Agreemb Final SO Plan •==-Final Building Elevations •. `Site Lighting Plan • Fibal Landscaping Plan • Final Signage Plan 3. The property shall be platted. 4. Warehouse is limited to 40% of the building area for each of Lots 1, 2 and 3. Warehouse use is not permitted on Lot 4. 5. Outside storage within this Planned Development shall be prohibited. 6. Any outside trash storage shall be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. 7. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site 8. Revised architectural buildings elevations shall be submitted at the time of Final PD. Building design and materials shall comply with the City's architectural standards ordinance and be compatible with the other buildings in this Planned Development. 9. Parking shall be provided on each lot in an amount that satisfies City Code requirements. Parking shall be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet the parking requirements. 1.0. The architect shall provide calculations for the allocation of different exterior materials for each building at the time of Final Planned Development. 1 Each building shall be allowed one free-standing monument sign. Building signage will be subject to City Code standards. 11. Site lighting shall be indirect and diffused or shielded. Lighting shall not.be directed upon public rights-of-way and the source of light shall not be visible frog property. 12. The same light fixtures shall be utilized throughout the development. 13. The Final Landscape Plan shall be signed by a registered Lalftape Architect. 14. The planting specs for the Landscape Plan shall be revis --yb irrftate "no mulch in direct contact with the tree trunk." 15. The developer shall submit an updated wetland delinekion report to"V& ity for formal acceptance prior to Final Subdivision and Final Plad ed Development 6m—val. 16. Stormwater runoff shall be managed by construdon of three treatment poNCL§� ndLby reducing runoff through disconnected roofto ;.fration aeras, filtration swand proof of parking areas. 17. Wetland buffer protections shall be applied according �liminary standards of the Water Quality Task Force, to the extent it ia..reasonable and p wical for the development. 18. This development shall comply withCity of Eagan Trewk.eservation Ordinance. The Preliminary Development Plans show ; val within thF�- le limits. Any additional tree removal necessary duririk, c6n- ..w - ion will be sect to review by the City Forester for compliance with the Tree Pri�ervattl fi; inance4nd any mitigation requirements, if necessary._ 19. This developments „ :ect to a casl"�edication cdrparks and trails, payable at the time of building perms at the s then in effort. All voted in favor. Motioried 7.�. Member Mated, MeffiTw Gladh-Hrs—swnded a motion to recommend approval of a Prelim Iili#ry Subdi0' :to cre-fur lots upon approximately 42.5 acres legally described as Lots 1Q, Block 1, Sili"aphi&M-Addition, located east of Lone Oak Drive and Lone Oak Parl i the SW % of Ston 1 suTobt to the following conditions: 1. The devee�shall com&with these standards conditions of plat approval as adopted by Council on Fdbr-uary 2,19'93: Al, B1, B3, B4, C1, C2, C4, D1, and E1 . 2. The property s' a piled. 3. The applicant sh-alffiact the City Forestry Division and set up a pre -construction site inspection at least,e days prior to the issuance of the grading permit to ensure compliance with the approved-rree Preservation Plan and placement of the Tree Protection Fencing. 4. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. 7. Modification median openings on Lone Oak Drive. and Lone Oak Parkway necessary to accommodate two of the proposed accesses shall be the responsibility of the developer. 8. Evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, allowing for use of the existing service drive over Lot 1, Block 1 Cray 2nd Addition (Ecolab) shall be provided prior to final subdivision approval for this development. 9. The developer shall submit an updated' wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 11. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, to the extent it is reasonable and practical for the development. 12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the alloVtbp limits. Any additional tree removal necessary during construction will be sect to review by the City Forester for compliance with the Tree Preservation OrdinancdMftd any mitigation requirements, if necessary. 13. The developer shall be required to contact the City Forest Divisi&-Mmd schedule a pre - construction site inspection at least five days prior to.A seuance Afi arading permit to ensure compliance with the approved Tree Presetion Pian and place of the Tree Protection Fencing.~~ 14. This development shall be subject to a cashdightion for marks and trails, p . • e at the time of building permit at the rates then in effect. All Vn4nr) in f'vnr IUnfinn f mrAmA 7_n 0 PLANNING. REPORT CITY OF EAGAN REPORT DATE: April 19,.2006 APPLICANT: CSM Equities, LLC PROPERTY OWNER: CSM Equities, LLC CASE: 01 -PD -01-03-06; 01 -PS -06-03-06 HEARING DATE: April 25, 2006 APPLICATION DATE: March 15, 2006 REQUEST: Preliminary Planned Development PREPARED BY: Pamela Dudziak Preliminary Subdivision LOCATION: East of intersection of Lone Oak Drive and Lone Oak Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CSM Equities is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW '/4 of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable . plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. qo Planning Report— Waters Annex (CSM Equities) April 25, 2006 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, 'or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan. Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 9/ Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 3 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDMISTORY The property was platted in its current configuration as Lots 1 and 2, Block 1, Silicon Graphics 1" Addition in 2001. Prior to that, the western portion of the property was platted as outlots in the Lone Oak Addition dating back to 1985, and the eastern portion was platted as outlots in Cray Addition in 1988, and Cray 2"a Addition in 1989. The property is currently zoned PD, Planned Development. In 2001, Silicon Graphics received Final Planned Development approval for a four-story 110,000 sq. ft. office building and. a two- story 60,000 sq. ft. office building to be constructed on existing Lot 2. To date the development has not occurred and the site remains vacant. In 2002, the City adopted a Special Area Plan within the City's Comprehensive Guide Plan that. sets forth policies and specific land uses for development in this area. The subject site is designated for'Office/Service uses and the policies specify office, office/showroom and research and development uses for the property. EXISTING CONDITIONS The site is vacant and contains three wetland areas. A majority of the site is lightly wooded with rolling topography. The eastern portion of the site contains a ridge line that is heavily wooded and a wetland area. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: 92 Existing Use Zoning Land Use Designation North Northwest Airlines PD, Planned Development SA-O/S South Office/warehouse PD, Planned Development SA-O/S; SA -BP East Ecolab PD, Planned Development SA-O/S West USPS; Office/warehouse PD, Planned Develo ment SA -BP 92 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 4 EVALUATION OF REOUEST Compatibility with Surrounding Area — The proposed office and office/warehouse uses are consistent with the surrounding area which is developed with similar uses. The City's Comprehensive Guide Plan designates vacant properties for similar uses. Proposal — CSM Equities is combining existing parcels and subdividing the site into four lots. The proposed Preliminary Planned Development establishes a plan for four buildings — one office building and three office/warehouse buildings. This new Preliminary Planned Development would replace the existing Final PD pertaining to the site and create a new, site layout. Each of the four lots will require a Final PD approval prior to construction. Each Final PD approval will be handled administratively and submitted to the City Council for approval as a consent item, provided the Final PD is consistent with the Preliminary PD approval. The Phasing Plan indicates Lot 1 will be constructed first, followed in order by Lots 2 and 3, with Lot 4 being the final phase. Conforming Plan — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Because the property currently has PD zoning and the use is consistent with the Comprehensive Guide'Plan and the existing PD for this site, a separate conforming plan was not submitted. The O/S land use designation specifies NB and RD as compatible zoning districts. Staff has applied the RD bulk standards in the evaluation of this development proposal. RD is a comparable zoning district for the proposed use and is compatible with the SA-O/S land use designation. The proposed warehouse use is not allowed in RD zoning, but in conjunction with a substantial office use, is compatible with surrounding development. Staff suggests limiting warehouse to the proposed 40% on Lots 1, 2 and 3, and specifying 100% office use for Lot 4, as proposed. Specific deviations from typical RD zoning standards are identified in this report. 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 in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location. The City's adopted Comprehensive Guide Plan currently designates the area as SA-O/S, Special Area — Office/Service. The site is located 4.0 miles southeast of the north -south runway at MSP. Based on the Metropolitan Council Policy Contours adopted in 1996, the site is located within 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,office, office/warehouse, and office/showroom uses will be considered a compatible within Zone 4. q3 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 5 Lots — The proposed subdivision consists of four lots. For comparative purposes, the RD zoning requirements are applied. Lot areas are as follows (the net area is the gross area less drainage easement area): The RD zoning district does not specify a minimum lot area, but identifies that a district area must be 40 acres in size. The proposed development site consists of 42.5 acres. The RD zoning district also requires a lot width of 300 feet; each of the proposed lots has at least one dimension that exceeds 300 feet. Preliminary Planned Development: Bulk Standards — The RD zoning district was selected as a comparable zoning district based on the Special Area land use designation of O/S, and proposed office and office/warehouse uses. Setbacks - The RD zoning district establishes the following building and parking setback requirements. The Site Plan shows all four lots'satisfy these setbacks. Building Setbacks Parking Setbacks Front Yard ( Public ROW) 40 feet 20 feet Side Yard 20 feet 5 feet Rear Yard 20 feet 5 feet Building Coverage - The RD zoning district establishes a maximum building coverage ratio of 20%. The 20% limit is exceeded on Lots 1 and 2; Lots 3 and 4 are both under 20%. The total building coverage is 12.42% of the site. Coverage by lot is identified below. Green Space — Per the RD zoning district standards, a minimum of 25% of the site must be green space. As proposed, this minimum green space is satisfied for each lot, and for the entire site is 57%. Lot Gross Area Net Area Lot 1= 5.54 acres 4.28 acres Lot 2 = 5.32 acres 3.90 acres Lot 3 = 6.98 acres 5.96 acres Lot 4 = 24.68 acres 23.10.acres The RD zoning district does not specify a minimum lot area, but identifies that a district area must be 40 acres in size. The proposed development site consists of 42.5 acres. The RD zoning district also requires a lot width of 300 feet; each of the proposed lots has at least one dimension that exceeds 300 feet. Preliminary Planned Development: Bulk Standards — The RD zoning district was selected as a comparable zoning district based on the Special Area land use designation of O/S, and proposed office and office/warehouse uses. Setbacks - The RD zoning district establishes the following building and parking setback requirements. The Site Plan shows all four lots'satisfy these setbacks. Building Setbacks Parking Setbacks Front Yard ( Public ROW) 40 feet 20 feet Side Yard 20 feet 5 feet Rear Yard 20 feet 5 feet Building Coverage - The RD zoning district establishes a maximum building coverage ratio of 20%. The 20% limit is exceeded on Lots 1 and 2; Lots 3 and 4 are both under 20%. The total building coverage is 12.42% of the site. Coverage by lot is identified below. Green Space — Per the RD zoning district standards, a minimum of 25% of the site must be green space. As proposed, this minimum green space is satisfied for each lot, and for the entire site is 57%. Lot Building Coverage Green Space Lot 1 22.77% 33% Lot 2 26.74% 25% Lot 3 14.67% 56% Lot 4 6.37% 69% Overall 12.42% 57% qV Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 6 Building Height — Building height in the RD zoning district is limited to 45 feet. The three buildings on Lots 1, 2, and 3 are proposed to be one story. One architectural drawing was submitted for a typical building on Lots 1 and 2 and shows the height at 23- 24 feet. The building on Lot 3 will be similar in design, but will not be the L -shape shown for Lots 1 and 2. The building on Lot 4 is proposed to be three stories, and architectural drawings were not submitted for that building. Architectural elevations will be required at the time of Final PD and should comply with the applicable height limit of 45'. Trash Enclosure/Mechanical Equipment — The Site Plan does not show a trash enclosures. If the trash is not stored inside the buildings, it must be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site. Parkin — The parking was evaluated based on the use submitted by the applicant — 60% office and 40% warehouse for Lots 1, 2, and 3, and 100% office for Lot 4. Under this assumption, required and proposed parking are as follows (proposed parking numbers include proof of parking areas): Parking calculations may, vary with a the allocation of use (office and warehouse) within the buildings. The largest deviation based on the above calculations is for Lot 4., the three-story building, 100% office. While parking deviations can be accommodated through the Planned Development, parking should be provided on each lot in an amount that satisfies City Code requirements. Parking will be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet ordinance requirements. Building Architecture/Exterior Elevations — Exterior elevations were provided for the office/warehouse building proposed for Lot L. A similar building will be constructed on Lots 2 and 3. Lot 4 is multiple stories and 100% office, so may differ from the typical elevation shown. The Lot 4 building will be reviewed at the time of Final PD for consistency of materials and architectural features utilized on the other three buildings. Building materials consist of brick and glass, with a rock face concrete masonry unit base. The building is designed with multiple doorways and architectural features such as entrance canopies, pilasters flanking the entrances, variations in materials and roof lines, that visually break up the expanse of building both horizontally and vertically. The elevations in the loading area are rock face CMU and utility brick. q5 Required Proposed Difference Lot 1 207 207 0 Lot 2 232 212 -20 Lot 3 170 174 +4 Lot 4 1096 925 -171 Parking calculations may, vary with a the allocation of use (office and warehouse) within the buildings. The largest deviation based on the above calculations is for Lot 4., the three-story building, 100% office. While parking deviations can be accommodated through the Planned Development, parking should be provided on each lot in an amount that satisfies City Code requirements. Parking will be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet ordinance requirements. Building Architecture/Exterior Elevations — Exterior elevations were provided for the office/warehouse building proposed for Lot L. A similar building will be constructed on Lots 2 and 3. Lot 4 is multiple stories and 100% office, so may differ from the typical elevation shown. The Lot 4 building will be reviewed at the time of Final PD for consistency of materials and architectural features utilized on the other three buildings. Building materials consist of brick and glass, with a rock face concrete masonry unit base. The building is designed with multiple doorways and architectural features such as entrance canopies, pilasters flanking the entrances, variations in materials and roof lines, that visually break up the expanse of building both horizontally and vertically. The elevations in the loading area are rock face CMU and utility brick. q5 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 7 The City recently adopted a new architectural standards ordinance. While the ordinance does not strictly apply to PD zoning, it does apply to RD zoning, which is the basis for evaluation of this proposal. The pertinent ordinance requirements are summarized below: • Each building elevation shall be treated as a front. • At least 65% of the building shall be comprised of brick, glass, natural stone, copper panels, and comparable or superior materials, and utilize at least three such materials. • Up to 35% of the building may be comprised of specialty concrete block (including rock faced block), masonry stucco, EFIS, architecturally precast textured concrete panels, opaque panels, ornamental metal and other comparable or superior materials. The rear elevations facing the truck court do not meet the standards for multiple materials or types of materials; these elevations are utility brick or rockface CMU and utilize just one material:- The front elevations also do not meet the standards for multiple materials; these elevations consist primarily of brick and glass with a rockface CMU base. The 65% standard may be satisfied, but only two materials (brick and glass) make up that amount. The balance is rock faced CMU, which can be up to 35%. Two soldier courses of brick. create horizontal bands on the front elevations, resulting in the appearance of a different material and visually enhancing the building. The rear elevations facing the truck dock are screened by the building and will not be visible from the public right- of-way or off the subject site. The building materials are a deviation from the new architectural standards ordinance,.however, the proposed architecture and materials are consistent with other similar existing buildings in this area and investment in higher quality materials is concentrated on the highly visible facades of the building. The architect should provide calculations for the allocation of different materials at the time of application for Final PD. Signage — All signage should comply with City Sign Code requirements. Each building will be allowed on free-standing monument sign. A conceptual signage area approximately 3' x 16' is indicated for individual tenants on the building elevations above the entrances. Building signage will be subject to the City Code standards. Site Lighting — A site lighting plan was submitted for Lot 1 that utilizes 250 watt metal halide pole -mounted fixtures, mounted at a height of 25 feet. 250 watt metal halide wall -mounted fixtures are proposed for the rear loading area of the building.. The proposed fixtures appear to satisfy the design standards of the City ordinance. The same light fixtures should be utilized throughout the development. A Final Site Lighting Plan will be required at the time of Final Planned Development for each lot in this development. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way and the source of light shall not be visible from off the property. M/ Planning Report — Waters Annex (CSM Equities) April 25, 2006. Page 8 Landscaping — The landscape plan appears to be acceptable. A variety of plant materials are provided. A landscape feature is shown at each driveway entrance into the development, and is consistent in design throughout the development. A shrub feature is also provided at. the corner of Lone Oak Drive and Lone Oak Parkway. Loading areas are situated behind the buildings to minimize visibility from the public rights-of=way. With a sidewalk adjacent to the building, foundation plants are limited to only a few areas around the buildings. Landscaping is concentrated on the perimeter of the site where it also serves to screen the parking areas, at the main building entrances, and in parking islands. It appears that the entire site will be graded and prepared for construction, and the buildings constructed in four phases. A wetland seed mix is proposed around ponds B and C, and a prairie seed mix .will be utilized in other disturbed areas on the site, particularly around the wetland on the south end of Lot 4. A Final Landscape Plan will be required for each lot at the time of Final Planned Development. The Final Landscape Plan should be signed by a registered Landscape Architect. The planting notes indicate that shredded wood mulch will be used and anirrigation system installed. The planting specs should be revised to indicate "no mulch in direct contact with the tree trunk" as that can lead to rot at the base of the tree and compromise their long-term health and viability. Preliminary Subdivision: Gradin Topography —A majority of the site is lightly wooded with rolling topography and two wetland areas. The eastern portion of the site contains a ridge line that is heavily wooded with a wetland area that isnot proposed to be disturbed with this development. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. The size of the development and its proximity to existing wetlands make it a candidate for "low - impact" development (LID) techniques, which can include infiltration areas, reducing impervious surfaces, and open drainage. The developer is proposing several LID features within the site, and is also providing a standard storm sewer piping and ponding system for water quality and rate control purposes. A majority of the development will drain to the existing wetland in the center of the site after draining through three constructed storm water ponds. The wetland will discharge to the City's existing storm system within Lone Oak Drive and Lone Oak Parkway. 97 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 9 The developer should construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main stubs of sufficient size, depth, and capacity are available within Lone Oak Drive and Lone Oak Parkway for each proposed building. Streets/ Access/ Circulation — Public street access is available from Lone Oak Drive and Lone Oak Parkway along the west and north edges of the property. Access to the four lots is proposed at five locations. Modification of the median and median openings on Lone Oak Drive and Lone Oak Parkway is necessary to accommodate two of the accesses and should be the responsibility of the developer. Access for Lot 4 is also proposed onto the existing private service drive to Lot 1, Block 1 Cray 2nd Addition (Ecolab). Evidence of private ingress/ egress easement allowing for this use should be provided prior to final subdivision approval for this development. Water Quality — This proposed 42.5 -acre commercial development is in a relatively undeveloped portion of northeast Eagan. The developer is demonstrating efforts 1) to handle stormwater through a combination of traditional techniques and best management practices and 2) to avoid impacts to the three wetlands on the parcel. For stormwater, minimum requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, etc.). The developer is not only proposing three traditional ponds to pre- treat runoff prior to the wetlands, but also reducing the runoff amount through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. Wetlands — For wetlands, a delineation report acceptable to the City in 2000 — as part of a previous proposal that did not move forward — identifies three wetlands on this parcel. This developer must submit an updated delineation report to the City for its formal acceptance. Two wetlands, one in the lower central portion of the site and one along the east edge of the site, are Type 4 wetlands, under the standard classification system of the U.S. Fish and Wildlife Service. Type 4 wetlands are inland deep fresh marshes with soils that are usually covered with six inches to three feet or more of water during the growing season. Vegetation includes cattails, reeds, and bulrushes. In open areas, pondweeds, coontail, and water lilies may occur. The other wetland in the central portion of the site is a Type 2 wetland. Type 2 wetlands are inland fresh meadows vegetated primarily by reed canary grass, with some lake sedge and river bulrush. The developer is proposing no impacts to the wetlands by draining, filling, or excavating. The wetland subcommittee of the Water Quality Task Force is developing wetland management standards as part of Eagan's comprehensive water quality management plan update process. These standards would be applied according to wetland classifications that are based on ecological assessments and importance for flood storage or water quality protection. Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 10 The wetland subcommittee has already preliminarily classified about 100 wetlands. According to these classifications, the following buffer standards would apply to the wetlands associated with this development. Water Resources staff believes it is appropriate to apply these as specific conditions to the proposed Planned Development: Min. Buffer width** Avg. Buffer Width** protection Standards Structural Setback 30' or to upslope 6"-32" Stormwater treatment 52% edge of 100 year 6"-12" practices allowed within 25 from u slo e upslope high water level, 40� buffer; maintain at least edge of buffer East. Red Cedar 25' 15-45' 15' of buffer between the 6% whichever is greater practice and the wetland. **Add 20% to buffer width requirements in areas where slopes are 6% or greater. Tree Preservation - A tree inventory submitted with this application indicates that there are five - hundred fifty-three (553) significant trees in the inventory. Individual tree size and species break down is as follows: Species Avg Diameter Dia. Range Count Percent of Total Oak 13" 6"-32" 290 52% Black Cherry 8" 6"-12" 102 18% Cottonwood 14" 12"-27" 66 12% East. Red Cedar 25' 15-45' 35 6% The balance of the tree inventory is comprised of a variety of deciduous trees, including species such as aspen, box elder, elm, willow, and ash trees averaging 12" in diameter. The development as proposed will result in the removal of eighty-nine (89) significant trees (16.1% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple -lot, commercial) is set at 47.5% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. Parks and Recreation — This development will be subject to a cash dedication for parks and trails, payable at the time of building permit at the rates then in effect. Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 11 effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Water Trunk C/I $2,430/ ac 41.43 ac $100,675 SUMMARY/CONCLUSION CSM Equities is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition. CSM Equities is combining existing parcels and subdividing the site into four lots. The proposed Preliminary Planned Development establishes a plan for four buildings. The proposed office and office warehouse uses are consistent with the surrounding area which is developed with similar uses, however, warehouse should be limited only to the amount proposed. Each of the four lots will require a Final PD approval prior to construction. This proposal was evaluated against the RD zoning standards. Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. This submittal was prepared prior to adoption of the architectural standards ordinance. The number of building materials do not satisfy the recently adopted architectural standards. The building design appears compatible with other existing buildings in this area. No filling, draining or excavating of existing wetlands is proposed. Tree removal is proposed in an amount less than allowable limits. The developer has indicated a willingness to incorporate low impact development (LID) strategies for this project. An additional narrative dated April 14, 2006, relative to these strategies has been provided to staff and is included in the exhibits with this report. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development for one office building and three office/warehouse buildings and a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section. 11 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 12 Preliminary Planned Development: 1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following plans are required for the Preliminary Planned Development Agreement: e Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Signage Plan 2. A Final Planned Development Agreement shall be executed for each phase and lot within the development site. 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. 4. Warehouse is limited to 40% of the building area for each of Lots 1, 2 and 3. Warehouse use is not permitted on Lot 4. 5. Outside storage within this Planned Development shall be prohibited. 6. Any outside trash storage shall be within an enclosure that is attached to the principal building and constructed with the same materials as the principal building. 7. All mechanical equipment, either ground or roof -mounted, shall be screened from views from off the site 8. Architectural buildings elevations shall be submitted at the time of Final PD. The building design and materials should be subject to RD zoning requirements and should be compatible with the other buildings in this Planned Development. 9. Parking shall be provided on each lot in an amount that satisfies City Code requirements. Parking shall be reviewed for compliance with City Code requirements at the time of Final Planned Development and building permit application. Parking, building size, or allocation of uses within the buildings may need to be adjusted to meet the parking requirements. 10. The architect shall provide calculations for the allocation of different exterior materials for each building at the time of Final Planned Development. /d/ Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 13 11. Each building shall be allowed one free-standing monument sign. Building signage will be subject to the City Code standards. 12. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way and the source of light shall not be visible from off the property. 13. The same light fixtures shall be utilized throughout the development. 14. The Final Landscape Plan shall be signed by a registered Landscape Architect. 15. The planting specs for the Landscape Plan shall be revised to indicate "no mulch in direct contact with the tree trunk." 16. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 17. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 18. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, as identified in the Planning Report. 19. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 20. This development shall be subject to a cash dedication for parks and trails, payable at the time of building permit at the rates' then in effect. To recommend approval of a Preliminary Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics lst Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW %4 of Section, 1. Preliminary Subdivision: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B3, B4, Cl, C2, C4, D1, and E1 102- Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 14 2. The property shall be platted. 3. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with, the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 4. All erosion/ sediment control plans submitted.for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all pond and wetland pipe outlets. 7. Modification median openings on Lone Oak Drive and Lone Oak Parkway necessary to accommodate two of the proposed accesses shall be the responsibility of the developer. 8. Evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, allowing for use of the existing service drive over Lot 1, Block 1 Cray 2°a Addition (Ecolab) shall be provided prior to final subdivision approval for this development. 9. The developer shall submit an updated wetland delineation report to the City for formal acceptance prior to Final Subdivision and Final Planned Development approval. 10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas. 11. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality Task Force, as identified in the Planning Report. 12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The. Preliminary Development Plans show tree removal within the allowable limits. Any additional tree removal necessary during construction will be subject to review by the City Forester for compliance with the Tree Preservation Ordinance and any mitigation requirements, if necessary. 103 Planning Report — Waters Annex (CSM Equities) April 25, 2006 Page 15 13. The developer shall be required to contact the City Forestry Division and schedule 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, 14. This developmentshall be subject to a cash dedication for,parks and trails, payable at the time of building permit at the rates then in effect. loq EM B. C. STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Easements and Rights -of -Way 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. Plans and Specifications All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards; guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 105 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 G:Engineering/Forms/Standard Conditions of Plat Approval City Council September 15,1987 Revised: ' July 10,1990 Revised: February 2, 1993 Eagan Boundary N Right-of-way Location Ma p �Park cel AreaParkAreaa Building Footprint 4 Lj m F k r �i ry• l tigU fs�ggi4 i o.r o 1��1r P�14�i�pS' �, tt' i til �'attt j. i' npoM SE��r3 �,Q,s���rt������• 0 Sub ect Sit®�a, N � Vii.. bIM • irq'Fr�: y t y� t� F. f wpm ��wa,�t,�"LfS) 4vk qe 6 an • a gal a ® s ® 9F s tt (44f top Ak 1000 0 1000 2000 Feet Development/Developer. Waters Annex Application: Preliminary PD, Preliminary Subdivision Case Noe: 01 -PD -01-03-06 and 01 -PS -06-03-06 Cityof Eagan Map Prepared using EM AmVie w &I. Parcel base map detd provldad ) 0%" by Dakota County Office of GIS and Is current as of April 2006. I I N 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 f:ommusky Dewlspmant Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan water Annex Land Use Map Prelim PD/Prelim Subdivision 01 -PS -06-03-06 Zoning Map Current Zoning: Pd Planned Development 000 0 000 Inc Pm PD I Location A Comprehensive Guide Plan Ll Land Use Map SA Location Current Land Use Designation: SA SA O/S Special Area-Office/Servlce SA SA SA 800 0 000 1200 Fwl s I ivm r P\alltant%CSMW4011"an 0*gts\040110aCMdW Mar 2% 2006 - 9114M V - - 753 - • /�Y rr^^`.fir,` �\• .. ,�; _ /, ,1 tri •;' / O �•'i-'`Ji rl� 1�_- r ��i y 11�� �(� I•r� '1 /� ,l�i Z/ - 11 i�ir .. �.••-... yrl/ yrG•+ :1t� r C----- �:.� '- as •'.:' �a i �c-3, : ;,'x''5111 r � I i - • l r , i;i• ;�•`�. �� '••i: r moi` 'i -�ni. �t-��•;,li�� ..,�.��,.,. ti... i•.n_.�. 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N..PITE LIGHTING OOZ/6Z/E '5mp,tV-LMI931wqnS ad\(I°JS) xeuuy sjeqeM\eAgOV-sre{ad1000Z E I t k v � ° E LU C � E W_ 170 Nd ZT44 9 1(4 / r / o / / / / / / / I I „L—IITI. N..PITE LIGHTING OOZ/6Z/E '5mp,tV-LMI931wqnS ad\(I°JS) xeuuy sjeqeM\eAgOV-sre{ad1000Z E I t k C M 500 Washington Avenue South, Suite 3000 J Minneapolis, MN 55415 DEVELOPING REAL ESTATE FOR PEOPLE, BUSINESS & COMMUNITIES March 29, 2006 City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Waters- Annex (Oudot `G') PD Submittal — Written narrative Dear City of Eagan: In response to the requirements as outlined in the planned development checklist, I have compiled this narrative to provide site specific information describing land uses, schedule and the proposed public benefit for the above noted project as follows: The current zoning classification for the 42 acre "Waters- Annex" site bounded by Lone Oak Parkway and Lone Oak Drive is a "Planned Development". In keeping with the existing `Waters' office environment, the proposed development delineates a master site plan for a multi phased construction of four spec office /warehouse buildings. The schedule proposes the start of construction for building #7 seven by July, 2006, with construction drawing submittal by May 31", 2006. The schedule for the remainder of the buildings will be determined at a later date. The benefits of this project include the development of new spec office buildings on the 42 acre site which currently sits undeveloped. The new buildings will provide additional square footage space for future tenants as well as the potential for an increase in additional workforce and head of household job opportunities within the immediate community. Additionally, the proposed plan provides three ponds to maximize for on site water storage and infiltration to meet the National Urban Runoff Program (NURP)standards. Roof drains will be drained separately from the parking lot storm sewer conveyance systems. The cleaner roof water from buildings #7 	 will be discharged directly to wetland 1, and from building #8 into the trunk storm sewer in Lone Oak Drive. Opportunities for promoting additional water infiltration for some parking lot runoff may be possible during future development of lot 4 (building 10) if suitable soils are found. The easterly portion of the site generally has better soils, although the area is wooded. ' ,5 12.1 The majority of the site area proposed for improvement will ultimately. drain to the wetland 1, which is currently dry most of the year. The proposed design will encourage runoff flow to charge the wetland. Storage volumes provided in the pond and the wetlands will control the runoff frequency from the site. Finally, extensive landscaping consisting of trees, shrubs, green spaces and berming is proposed to provide screening adjacent to roadways and to enhance the site and bordering office /and corporate office buildings. +Jeph , Co ti, A.I.A. Senior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 RECEI QO6 Ifn 1zz April 14, 2006. C 500 Washington Avenue South, Suite 3000 M Minneapolis; MN 55415 APR 14 2006 DEVELOPING REAL ESTATE .FOR PEOPLE, BUSINESS & COMMUNITIES City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Re: Waters- Annex (Out -lot `G') PD Submittal — Written narrative Dear City of Eagan: EAGAN NO.LqVWG DEPARTMENT APk 17d06 AN EN61N ING EPARTMENT In response to the requirements as outlined in the planned development checklist, I have compiled this narrative to provide an introduction into the site specific information describing the land uses, project schedule, public benefits and low impact development (LID) strategies for the above noted project. Introduction The current zoning classification for the 42 acre "Waters- Annex" site bounded by Lone Oak Parkway and Lone Oak Drive is classified as a "Planned Development" site. In keeping with the existing 'Waters' office environment, the proposed development delineates a master site plan for a multi phased construction of four spec office / warehouse buildings. The schedule proposes the submittal of construction drawings of building seven (0) by July 2006, with anticipated start of construction by September 2006. The schedule for the remainder of building (#8 thru #10) will be determined at a later date. The benefits of this project include the development of four (4) new spec office buildings on the 42 acre site which currently sits undeveloped. The new buildings will provide convenience amenities and additional square footage for future tenants, as well as an increase and expansion of the work force and head of household job opportunities at the Waters Corporate Center. Additionally, preliminary civil engineering work has incorporated several low impact design development strategies that have been identified as follows: Storm -Water Management Storm -water management measures in excess of the minimum requirements are proposed for the site. Additional piping will be provided to separate building roof drain runoff from the parking lot runoff. The cleaner roof runoff from Buildings 7 and 9 will be discharged directly to Wetland 1. Runoff from Building 8 will discharge directly into the trunk storm sewer system in Lone Oak Drive. Three on site ponds are proposed for storm -water treatment and runoff rate control. The proposed design provides a 30% increase in dead storage volume from the minimum required to meet National Urban Runoff Program (NURP) standards based on excluding rooftop runoff. Proposed filtration trenches will be constructed along the west side of the parking bays for Building 7 and Building 8. The runoff from portion's of the pavement will be directed through curb cuts to a vegetated swale running behind and parallel to the back of the curb line. Perforated drain tile pipes will be installed in the bottom of sand trenches to promote filtration pretreatment of runoff prior to discharge into the storm ponds. The drain tile will connect to catch basins located in the bituminous parking lots. The catch basin placement will allow for maintaining drainage during winter months when snow piles will be present behind the curb line. A portion of the concrete curb and gutter in the truck loading area north of Building 9 will be installed with a knocked down curb to direct runoff from the paved surface overland to Pond C without storm pipe conveyance. Runoff will flow over flat slopes vegetated with native seed mixes facilitating pretreatment prior to discharging to Pond C. Wetlands The proposed design provides for a minimum 30' grading buffer from two on site wetlands in accordance with the current City requirements. Construction is not proposed adjacent to a third wetland located on the easterly portion of the site. This project results in no net loss of wetlands. The majority of the site area proposed for development will ultimately drain to Wetland 1, which is currently dry most of the time. The proposed design will encourage direct runoff from building roofs as well as overflow runoff. of treated water from the storm water ponds to charge the wetland. Storage volumes provided in the ponds and wetlands will control the rate of runoff from the site. Wetland 2 does not have a pipe outlet. The proposed design will allow for maintaining approximately the same tributary area to Wetland 2 as the existing condition. Landscaping Extensive landscaping consisting of trees, shrubs, green spaces, and sodded berms is proposed to enhance the site and to.provide parking lot screening adjacent to roadways. Tree Preservation The design consists of the removal of 16.1% of existing trees. The allowable maximum removal percentage for this. type of development is 47.5% per the current City ordinance. The heavily wooded area and wetland on the east side of the site are proposed to be preserved in their natural state. Development will be concentrated on the westerly portion of the property. Grading is not proposed for the easterly side of the site. Site Soils Portions of the site.were previously used as a disposal site for unsuitable soils. The project will require the removal of a large quantity of unsuitable soils in structure locations at an extensive cost to CSM. The site soils are variable and are generally not conducive to promoting infiltration as a means of storm water treatment. Opportunities for promoting infiltration for some parking lot runoff may be possible during the future development of Lot 4 (Building 10) if areas of suitable soils are found. The easterly side of the site generally has better soils, although the area is wooded and is proposed as a tree preservation area. It is currently proposed to not disturb the easterly side of the site. Closing The project development has.been designed to work within the existing City zoning and building code requirements. In addition, the design makes every effort to maintain the existing trees at the Eastern boundary, as well as provide enhanced landscaped areas and implement low impact design strategies. cerely J seph o ti, A.I.A Senior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 May 8, 2006 M500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 DEVELOPING REAL ESTATE FOR PEOPLE, BUSINESS & COMMUNITIES City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122-1810 Attention: Pam Dudziak Re: Waters- Annex PD Submittal Attachment (Out -lot `G') Dear Pam Dudziak: We would like to thank City staff, the Parks Commission, and the Planning Commission for the favorable response to our proposed development. We would like to take this opportunity to address several issues that have been discussed in the staff report and subsequently at the planning commission meeting on April 25, 2006. We are requesting that these madders be referenced as acceptable in the conditions of the resolution for Council approval of The Preliminary Planned development and.Subdivision for the Waters — Annex project Parldng We would like to clarify and present to the City Council for consideration and approval. The first issue appears to be a simple discrepancy between the calculations performed by us and by City staff for the required parking for building #10 on Lot 4. It appears the floor area calculation prepared by City staff was based on three times the first floor footprint of 68,480 square feet for a total floor area of 205,440 square feet. The proposed three story office building as depicted in the proposed site plan will have an area of 51,400 square feet for each of the second and third floors. The proposed floor area we are intending to present for approval was 171,200 square feet for Building #10 on Lot 4. The resulting required parking stalls for a 100% office use would be 913 stalls which exceeds the current zoning requirement by 12 stalls. With regard to Building #8, Lot 2, we are proposing to provide 212 stalls. Based on our experience of developing and operating properties with similar use, we feel the proposed parking is more than adequate to meet the needs of future tenants. The shortage in parking in relation to the current Zoning Requirement is less than 3%, if total available parking for Lots 1, 2, and 3 are considered. If Lot 4 is considered, the shortage for the entire site will be less than 0.30. The intent of the site parking plan is to spread out the stalls for each lot in order to emphasis the architecture and green areas. Additionally; we have designed the master site plan to allow for flexibility of parking to meet tenant requirements, and avoid the negative effect that large areas of parking can have upon a development. It was commented on by some members of the Planning Commission at the April 25, 2006 meeting that the current City Ordinance can result in some areas being .`over" parked. While there is sufficient space on the site as a whole to provide the additional parking, the site layout was designed to be sensitive to the wetlands, green space, and wooded areas. The three westerly lots are concentrated around the central wetland (Wetland 1). Lot 4 is laid out to avoid the treed ridge line east of the parking area. We are requesting approval to proceed with our parking site layout and development as proposed in our preliminary submittal plans. If necessary we could show additional proof of parking of 20 stalls on Lot 1 in the green space adjacent to Wetland 1. We would then further propose an easement over 20 parking stalls on Lot 1 in favor of Lot 2. The proof of parking could be. added on Lot 1 and the easement would be defined to provide access to parking for Lot 2 thereby bringing the total parking requirements for Lot 1 and Lot 2 up to the current City zoning requirements. A simple exhibit depicting the proposed easement and proof of parking is attached with this letter. RECEIVED MAY 0 0 2005 125 Architectural Ordinance The last issue concerns the recently adopted architectural ordinance. At the time of our submission, we were not aware that this new ordinance was going to be applied to our "PD" submittal and Office development project. Apparently the new Ordinance was approved as we were making final preparations for our submittal. However, the proposed building materials are consistent with similar existing office buildings in the area with additional materials being concentrated upon highly visible facades of the building. Additionally, the buildings are configured with an introspective layout in order to screen the back side were the utilities enter the building. This also helps to screen the larger areas of parking. We therefore believe this solution as presented captures the spirit of your new architectural ordinance. Closing Based on our experience with this type of development we believe the parking layout as submitted is adequate to meet the needs of future tenants for our targeted use. The parking layout is sensitive to the wetlands, green space, and wooded areas. If however, the City Council disagrees with the sufficiency of our proposed parking in the submitted site plan, we would seek approval to proceed with the course of action as described above. A separate exhibit is attached for your review. With regard to the architectural finishes matter, we believe the building plans do capture the spirit of the new requirements, and will support the city vision. Siice J eph Conti, A. 1. A enior Project Architect CSM / Architecture 500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 RECEIVED MAY 0 9 2006 12('10 0 0 0 0 0 ms's Ef!In—E- 4�..g.a..a.�-}�M■ a.. �� .. ■■` ■_�■ 'ice .."ii —0�-� r� MV !a®lusrMno � enr a� � rtammrortwunn .. -1111111 111111 -O Q S 1 E- � ,�■..lxE..l. a to Atd3's� c 0 A = C7 N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA NORTH ELEVATION a. r�am.a�mne. .auxmumne rnnm '■ nns na■lei �T we - x1Pl1n1YALIGTpin4 rlMnler{fMrin. Y: ilw, =w - "r•�'pr:w •�uamasaY�`:+'xgNN�E _. $ws+awd::•:^-+s�v' 'T++ eE Y4._..ftn'="sm5. -_ �IAO®OilMrfl�. S•'. _....._._._. .. :. _.�.. :........fit -_ ... ...::,.,,,�..._ � ..... � rmounvnrt..a:-'-" rrs�mmrreau ram■ml.Rc. rrm® n:cxt■nn N - , EASTLLEVATION -O Q S 1 E- � ,�■..lxE..l. a to Atd3's� c 0 A = C7 N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA N a oS2 I ELEVATION 0 0 0 0 © -_ g ��11111111111111��..�. �;..�..�..■� � .�. H-. 3.- a ��.�..��.p,.■ ��� ....�..��: o ! CSM WATERS ANNEX IVSD MAY 2006���� "rn■aa.�inmasm AZ PRELIMINARY ELEVATIONS mo.m a�waac towotxV�ULONE■Mt MM MUOMA ZE) Agenda Information Memo May 16, 2006 Eagan City Council Meeting D. CONSIDER ADOPTION OF AN ORDINANCE AMENDMENT TO IMPLEMENT A CITY WIDE MORATORIUM ON, THE ISSUANCE OF LICENSES FOR THE HARBORING OF PIGEONS ACTION TO BE CONSIDERED: To consider adoption of an ordinance amendment to implement a City wide moratorium on the issuance of licenses for the harboring of pigeons. FACTS: On February 21, 2006 the City Council denied a license for the harboring of pigeons at 3880 Princeton Trail and directed the removal of the pigeons within 60 days. The Council further directed the preparation of an ordinance amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. • Before consideration by the City Council the application had been in process from late 2005 as the applicant made. changes to the structure in the yard and attempted to come into compliance with the various Code requirements for the issuance of a license. • The proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. • Rather than remove the pigeons as directed the applicant at 3880 Princeton Trail has continued to work on coming into compliance with the existing Code requirements so he can reapply fora license. • It appears unlikely that this applicant will get into full compliance as birds continue to be observed perching on neighboring property, etc.; however, it may be problematic to issue a citation before a final ordinance amendment is approved not knowing what form that might take and whether or not a residential lot such as 3880 Princeton Trail will eventually meet the zoning requirements for the harboring of pigeons. • Consideration of the licensing issue and the potential development of another ordinance amendment is scheduled for the June 13, 2006 Special City Council meeting. I29 • The pigeon owner who appeared at the March 6 meeting in opposition to the proposed new ordinance has also not completed a pigeon harboring license application as his location does not meet the current requirements in terms of land use and related property/structure issues. The applicant, is in the process of applying for variances to the accessory building code to allow for his coops. The proposed moratorium will affect the consideration of a potential pigeon harboring license application for his location as well. After discussion with the City Attorney's Office, staff has concluded that it is important to avoid consideration of a new application for 3880 Princeton Trail or any additional applications for any locations in Eagan until a new ordinance is in place. The proposed moratorium ordinance is therefore the most appropriate way to proceed and to protect the City's options. In addition to consideration of the proposed moratorium staff is asking for direction on how aggressively to pursue the removal of the pigeons at 3880 Princeton Trail. Staff is continuing to work with the applicant per his requests; however, he is attempting to come into compliance with the existing Code rather than move the pigeons. • Staff would like to schedule a meeting with the 3880 Princeton Trail applicant pending the outcome of the City Council's direction on this proposed moratorium and enforcement action to clearly lay out for him the City's future course. ATTACHMENTS: • Enclosed on page 1 )1 is a copy of the proposed moratorium ordinance amendment. WIN ZWFUUMV ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA REGARDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS — INTERIM USE STUDY" BY ADDING SECTION 12.06 ENTITLED "STUDY OF HARBORING CARRIER PIGEONS WITHIN THE CITY OF EAGAN". The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 12 is hereby amended by adding Section 12.06, to read as follows: Section 12.06. Interim Use: Study of Harboring Carrier Pigeons Within the City.. A On February 21 2006 the Eagan CjV Council directed a study to be conducted to review Section 10.12.Subdivision 7. of the Eagan City Code (Harboring Carrier. Pigeons) for the purpose of evaluating the current regulations and considering B All proverty located within the City of Eagan (the "Property") is affected by this interim. use ordinance. C This interim use ordinance is adopted and is applicable to the Property for the R=ose of protecting the Manning_ process and the health, safety and welfare of the City's residents. D. Commencing on the effective date of this ordinance and ending on September 30. 2006 or such sooner time as the Ciy Council may determine, the Property shall be subject to the following: 1 No Kermit for the permit for the harboring of carrier pigeons shall be accepted, reviewed, Rrocessed or issued. 2 No conditional usepermit shall be gpnroved or recommended for approval by the Planning Commission or the City Council for the harboring of carrier pigeons. Section 2. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 151 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 169 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. SOUTHEAST EAGAN RENOVATION AND RENEWAL DISTRICT — Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1 and Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and Adopting a Tax Increment Financing Plan therefor E. NEW BUSINESS 1.. CEDAR GROVE REDEVELOPMENT DISTRICT — Approve Purchase Agreement and Related Documents for Acquisition of the Nikolay and Natalia Brutsky Property (Minsk Market) at 3992 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT — Authorize Staff to Enter into Negotiations for the Potential Acquisition of the Basil Dyab (Cedarvale Shell Station) Property at 3830 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT — The EDA will be asked to hold an executive session to discuss negotiations for the possible acquisition of the All American, Recreation properly at 3820 Sibley Memorial Highway. As a consequence, the EDA will not adjourn its meeting until the closed session is completed. Agenda Information Memo Eagan Economic Development Authority Meeting May 16, 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 May 2, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the May 2, 2006 EDA meeting on Mes, 13` t 135 133 MINUTES OFA MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 2, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 2, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson 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 Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution approving the minutes of the April 4, 2006 meeting as presented. Aye: 5 Nay: 0 There were no items. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR ACQUISITION OF THE KENT MYERS PROPERTY AT 3900 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed purchase agreement for the acquisition of the Kent Myers Property (Eagle Valley Bank) at 3900 Sibley Memorial Highway. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Purchase Agreement for Acquisition of the Kent Myers Property at 3900 Sibley Memorial Highway in Cedar Grove TIF District for redevelopment purposes. Aye: 5 Nay: 0 1 34 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR NEGOTIATIONS FOR LYNDON NELSON PROPERTY Community Development Director Hohenstein discussed the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize staff to enter negotiations for the potential acquisition of the Lyndon Nelson Property at 3912-3914 Cedarvale Drive in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION FOR STAFF TO SECURE OPTIONS ON POSSIBLE RELOCATION SITES FOR CEDARVALE MALL TENANTS Community Development Director Hohenstein discussed the need to secure options for possible relocation sites for Cedarvale Mall tenants. Councilmember Carlson moved, Councilmember Fields seconded a motion to authorize staff to secure options for possible relocation sites for Cedarvale Mall tenants. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 9:10 p.m. Aye: 5 Nay: 0 Date I1�:p Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 1. SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND TAX INCREMENT FINANCING PLAN ACTION TO BE CONSIDERED: To approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, ` Establishing Southeast Eagan Tax Increment Financing District No. 1 therein and Adopting a Tax Increment Financing Plan for the District. FACTS: • The City of Eagan has reviewed the appropriate land use for an area in the southeast part of the City in the vicinity of Gun Club Road and Biscayne Avenue for a number of years. As part of its Comprehensive Plan Update, the City guided and zoned a portion of the area to retail commercial and neighborhood business in anticipation of potential development and redevelopment of the area in the foreseeable future. • When Revestors and Manley Development expressed interest in developing a portion of the area, the City entered into a predevelopment agreement with the companies 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. • At the same time, the City commissioned a Substandard Conditions Study by LHB Associates, which determined 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. • Revestors has prepared a prospective masterplan for the development of the site o illustrate how the currently proposed portion of the Red Pine development could extend by phases into the remainder of the prospective District. • Revestors 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 development and redevelopment. The City Council has scheduled a public hearing to consider creation of the TIF district, project area and plan on June 6, 2006. As a step in preparation for that hearing, the EDA must also act to adopt the redevelopment plan, establish the district and adopt the financing plan. • Background concerning the district and plans is outlined in the attachments. ATTACHMENTS: • Summary description of district on pages N through • Summary of substandard conditions on page 1(42- Consultant's 42Consultant's But For memo on page • Consultant's memo regarding the 1In' acts of eminent domain changes on the formation of the district on page • Resolution on pages through TLAo • TIF Plan and Redevelopment Plan enclosed without p14S • Location Map and Pictometry on pages through Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Eagan Southeast Eagan Tax Increment Financing District No. 1 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Southeast Eagan TIF District No. 1. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Adoption of a Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1. Type of TIF District: A: renewal and renovation district Parcel Numbers: 1031$0005001 *a portion of 100360002179 103180004001 103180003001 100360002279 103180002001 103180001001 *Please note that this parcel is currently in the process of being subdivided and will be assigned a new parcel number. Proposed Development: The District is being created to facilitate the construction of a commercial and retail project in the City Maximum duration: The duration of the District will be 15 years after receipt of the first increment by the EDA or City (a total of 16 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2008. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2023, or when the TIF Plan is satisfied. Estimated annual tax Up to 245,879 increment: Proposed uses: The TIF Plan, contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition ...............................................$550,000 Site Improvements/Preparation........................................$350,000 Public Utilities..................................................................$200,000 Public Parking Facilities ...................................................$100,000 Streets and Sidewalks......................................................:.$300,000 Interest ....................................... .......................... $1,470,000 ..... ..... Administrative Costs (up to 10%) .................................... $330,000 TOTAL PROJECT COSTS ....................................... QQ!! See Subsection 1-10, page 1-6 of the TIF Plan for the full budget authorization. Additional .uses of funds are authorized which include inter -fund loans and transfers and bonded indebtedness. TIF Db&kt Overview Administrative fee: Up to 10% of annual increment, if costs arejustified. 4 Year Activity Rule After four years from the date of certification of the District one of the (§ 469.176 Subd 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) • If the activity has not been started by the approximately June . 2010, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. 5 Year Rule Within 5 years of certification revenues derived from tax increments (§ 469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are considered to have been expended on an activity within the District if one of the following occurs: • The revenues are actually paid to a third party with respect to the activity • Bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the. five year period, or (ii) a reasonable temporary period within the meaning of the use of that term under §. 148(cxl) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund • Binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation • Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. Any obligations in the Tax Increment District made after approximately June, 2011, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District are included in Exhibit A of the City Council Adopting Resolution. Page 2 TIFDhWa OverWew MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1 Page,3 )40 -2 .a, 1 0 250 .500 Feet . ® AOaose TIFAma SOUTHEAST EAGAN REDELOPMENT PROJECT AREA NO.1 SOUTHEAST EAGAN TIF DISTRICT NO, I CRY OF EAGAN COUNTY OF DAKOTA STATE OF MINNESOTA iii SOUTHEAST EAGAN Renewal and Renovation TIF District SUMMARY SPREADSHEET M.WWrq 10BIX M M(Ramwal TIF Summery Spmadehmt &30.00.be11'mpedy hdo —f --N 1 LHB Project No. 050349.10 Page 1 Updated 3131/2006 15% of �DaBalanoha WF PID0 owmr NO, Prop"Addmp door SurMide0iad Veard Used SlteAmaComAm OW.)9LF Prmnt01 Oma Nad BuOdhrps 1 Replacement BuBdinw naptacammant gubWadarddatembW Mfo P+ -W 15% 10060MCade J Imprownerm (S.F.) Cost Cad Cod crDerta coda) criteria mblydrd Mgdrenead■ 103180006001 Menby LrMB c°'LIm-Ismed vacant No sidlo a 31M 0 0% 0 3A 100380002178 Red Pho Enbeprlme LLc UmWAPWd vacant No Bulphr8e BOAZ 14,80¢ 21% B0 0 Darabpnwrd Ca - 1 BleerynaAvamro Vacant No Bum6ge 3441 0 0% 0 �IDEJ31800rd Rfb Memn Bboyn°Avanw hrgnm No IiOdp 38,41 32,780 85% 38,41 0m Bunn Sdxmwdwr G m Cl b Road hnpmved hde Im S Brderbr 40, 7,115 18% 40,1 1 3308.000 344800 572,210 1 381,2W Ya 1?1831800VVmd 1 Bbc ym Avenue h vmnd Intmiar a Erdwbr 3441 /2,880 34% 3441 1 33843 358.548 $68.800 1 $78,084 No 0 1 103180001001 Dennb and Ja Hydr Bbaeym Avenin Irrorurad hdedr A Erderbr 30 26,370 67% 30 1 $49;0m $73.800 $87,420 1 599AM Yin 1 1 TOTALS 205,850 216,771 3 3 2 3 Totes Coverage Peron 75.5% Percent of buildings exceeding 15 percent code deficiency threshold 100% Percent of buhfings, determined substanda 67% Percent of buildings nmdng Subd. 10a. (1) (III) Regldremen 100% M.WWrq 10BIX M M(Ramwal TIF Summery Spmadehmt &30.00.be11'mpedy hdo —f --N 1 LHB Project No. 050349.10 Page 1 Updated 3131/2006 ja EHLERS & ASSOCIATES INC To: Jon Hohenstein Community Development Director, City of Eagan O From: Rebecca Kurtz, Ehlers & Associates W Date: May 11, 2006 ' Subj ect: Red Pine Crossing = But -For Analysis The City has received from the developers of the Red Pine Crossing Project a request for Tax Increment assistance. The City has asked Ehlers & Associates to review the developer's financials to determine if the level of the assistance requested is needed to make the project financially feasible. The developer provided to Ehlers financial information that contained details regarding expenses, revenues and other pertinent financial information as well as a sources and uses for various sizes of projects. After we reviewed this material, we met with the developer's representatives to discuss and review the information provided. Using the information provided to us, we prepared an Internal Rate of Return Analysis for the project. Based on the information provided, we have determined the gap that is caused by the redevelopment issues. We have also determined the level of assistance needed to be within acceptable ranges of industry standards and to make the project financially feasible. Please let me know if you have any questions or, comments, or if we can be of further assistance on this matter. I 43 LEADERS IN PUBLIC FINANCE __._..-_...... __..-._.._...._.._ --- ..._..__._............... ... _ ..... ___..__..__._.._.__.._-__....__._.._ ..._. _...._-651— 7-85-'_..__. 3060 Centre Pointe Drive � Phone: 651-697-8507 Fax: 651-697-8555 Roseville, MN 55113-1105 sid@ehlers-inc.com '. EHLERS & ASSOCIATES INC OTo: Jon Hohenstein, City of Eagan From: Rebecca Kurtz, Ehlers & Associates W Date: May 5, 2006 Subject: Impacts of Eminent Domain on the proposed Southeast Eagan TIF District As you are aware, the City Council is scheduled to hold a public hearing for the establishment of the Southeast Eagan Tax Increment Financing District on June 6, 2006. The TIF Plan and inspection process to qualify for a renewal and renovation district has followed Minnesota Statutes as they read at this time. As part of the eminent domain discussion at the Legislature, there is proposed language in the House Eminent Domain Bill (BY 2846/SF 2750), which proposes new standards for determining blight. If this language was adopted, and depending on when the new language would be effective, it could impact the blight standards that were used to qualify the proposed TIF District as a renewal and renovation district. Ehlers & Associates along with the City's attorneys have been monitoring the Legislature's actions and the potential effect on the proposed project. While we recognize that legislative action may impact your ability to proceed, at this time we are recommending that the City continue to move forward with the process to establish the TIF District. Please do not hesitate to contact meat 651-697-8516 if you have questions or concerns. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Roseville, MN 55113-1105 Phone. 651-697-8516 Fax: 651-697-8555 rkurtz@ehlers-inc.com EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND ESTABLISHING SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, it has been proposed by the Board of Commissioners (the 'Board") of the Eagan Economic Development Authority (the "EDA") and the City of Eagan (the "City") that the EDA adopt a Redevelopment Plan (the "Redevelopment Plan") for Southeast Eagan Redevelopment Project Area No. 1 (the "Project") and establish Southeast Eagan Tax Increment Financing District No. I and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, 469.090 to 469.1082, and Sections 469.174 to 469.1799, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Plans. The EDA has also requested the City Planning Commission to provide for review of and written comment on the Plans and that the Council schedule a public hearing on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA approves the TIF Plan for Southeast Eagan Tax Increment Financing District No. 1, and specifically finds that such district is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a, and finds that the Plans conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the redevelopment of areas with the substandard buildings and obsolete land use and promote commercial development in the area. 2. The EDA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The reasons and facts supporting the findings in this resolution are described in the TIF Plan and in the exhibits attached to the City adopting resolution approving the Plans, on file in City Hall. 4. Conditioned upon the approval thereof by the City Council following its public hearing )45 thereon, the Plans, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the EDA. 5. Upon approval of the Plans by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 6. Upon approval of the Plans by the City ' Council, the Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 7. The Executive Director of the EDA is authorized and directed to forward a copy of the Plans to Dakota County and request that Dakota County certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. Approved by the Board of Commissioners of the Eagan Economic Development Authority this 16t` day of May, 2006. ATTEST: Secretary President i Eagan Boundary Location Map Rigl*Of--way Parcel Area Park Area Building Footprint 1 4,�it L •�`�}9 1� S`. t d i/ ,�.., ® lC e� '■ �9�i ■� d f'.4.Y'.rt«.. Y,. _ ,,. r fi.'y,?r� li �'■ �S X0'39 �e���FtMcz IJ�i,�Stl9�y+'S�tt��+i ■ y��'Y' q� F 'i!'ivq � � f�' IF 01 �},� +, 1 44 lTM" �&q���Sk �*lkF���t45 �41� )d r S.f � �,� r pa ei�'R'� � S ��A r� Y;r .r�l� 3RJ 'F' � ��ic �� � �a� � '�Y�r`t�a �a�4tj 1 pt �r ��y��,ii !^1��' t� �,�' t t ■ ■ �G �'fi1 "-' � 'th t � r p Y � A► t}J � �r f� ��w„ ; !„ Y k r .. t'rnt�t� r� ® ® @'�•';� � r ® B F Sr i S •1� 'i�Yp A 4 � � y�^' Ai ly Q � rSi� � i fy 9F��d + � ' Is �' syr '�7"p .��T2-''q�r ¢� k; YY���'' at dP�S's��yf'PS€� hlYx}�y�� tp�`"tf"aw.,'ta'�y.' a •B �,er rtl Y g r , rN a n- r.o �� •O �`� h5��n. d` 6 a� ti J) ri Sub ect Site r 111 `'�� � � d �•' �� � � 11 1 ill h � f � !q $' y tiu ! � i ■ y,..' p IL• �S• dL � J t i� j Y < �({L ���q11 pJ��1 i Y 7 dqg �■ ®� ■ 5dj1AI'ti:' ri(� � '� � � fi� ,� �F �� . 9i t J���µr„ •� � �� Ju (, - y�,.� � vh �F S 0 1000 0 1000 2000 Feet Southeast Area TIF District No. 1 14� Myof Balm Nap prepared using ERSI AreView 3.1. Parcel base map data provided by Dakota County Office of GIS and Is current as of April 2005. N 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 Dev■lopmont DepeRmant not responsible for errors or omissions. �� S Tli I"5: pb F�HG 1 ;�gj F�xys� i Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY (MINSK MARKET) PROPERTY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District. 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. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City was approached by the owners of the Minsk Market (Nikolay and Natalia Brutsky) property at 3992 Sibley Memorial Highway. At its meeting of February 7, 2006, the EDA and City Council authorized staff to enter into . negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $410,000. The purchase agreement and related documents are in order for. consideration at this time. ATTACHMENTS: • Area map on page f1 • Resolutions on pages 5Z. • Purchase Agreement, Lease Agreement and related documents available upon request. PTt r EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY PROPERTY AT 3992 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor. Those Against: CERTIFICATION 1, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstem, Secretary/Deputy Executive Director 151 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR NIKOLAY AND NATALIA BRUTSKY PROPERTY AT 3992 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Eagan City Council to approve a Purchase Agreement for the acquisition of the Nikolay and Natalia Brutsky property at 3992 Sibley Memorial Highway in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Mira. Pepper, Deputy City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 16th day of May, 2006. Mira Pepper, Deputy City Clerk 15-L Agenda Memo Eagan Economic Development Authority Meeting May 169 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZE NEGOTIATIONS FOF BASIL DYAB (SHELL STATION) PROPERTY ACTION TO BE CONSIDERED: To authorize staff to enter negotiations for the potential acquisition of the Basil Dyab Property at 3830 Sibley Memorial Highway in the Cedar Grove Redevelopment District. 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. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the acquisition of properties, in which there is a willing seller. • The City has been approached by the Basil Dyab, owner of the former Shell Station property located at 3830 Sibley Memorial Highway, requesting that the City enter into negotiations for the purchase of the property. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Dyab for that purpose. ATTACHMENTS: • Request letter on page • Area map on page 153 ROBERT I PATIENT ATTORNEY AT LAW LAKES & PLAINS OFFICE BUILDING 842 RAYMOND AVE., SUITE 207 ST. PAUL, MINNESOTA 55114 TEL: 651-647-6250 FAX: 651-251-1183 April 25, 2006 Mr, Robert B. -Bauer Attorney At Law 1300 West 147th Street, Ste. 600 Apple Valley, MN 55124 RE: My Client: Basil Dyab Cedar Grove Shell' Property Dear Mr. Bauer: ALSO ADMITTED IN WISCONSIN MAY -• 1 2006 I wanted to follow up on our recent meeting and let you know that my client Is in the process of having an appraisal completed on his property. It Is our intention to then forward a copy to you for your review and the City of Eagan's consideration of the appraisal. If you have any questions of me, please feel free to contact me at any time. I look forward to working with you on this matter and want to thank you for your consideration. RJP:ncs cc: Basil Dyab Very truly yours/ �--� Robert J. Patient Civil ?Mat Specialist, certfied by Mtnaesota State Bar Association Qual ped Rule 114 Arbitrator and Mediator :rre Agenda Information Memo Eagan Economic Development Authority Meeting May 16, 2006 F. OTHER BUSINESS It is anticipated that the City Council and EDA will go into executive session to discuss a matter pertaining to the negotiations for the potential acquisition of the All American Recreation property in the Cedar Grove area for redevelopment purposes. As a consequence the EDA will not adjourn until ager the executive session. I5� I ;.34 • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MAY 15, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity C� City of Eap ma HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES MAY 15, 2006 SUBJECT: ADMINISTRATIVE AGENDA / MAY 16, 2006 CITY COUNCIL MEETING CITY ATTORNEY The City Council reserves the right to schedule an Executive Session/Closed Session for the purpose of considering threatened or pending litigation and matters of personnel. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. 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 2. Development/Construction Activity — Per the Council's request, Community Development staff will provide bi-weekl updates of larger development and construction activity. The current update is enclosed on page. /s/ Thomas L. Hedges • City Administrator • City of Earn Me TO: TOM KEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 15, 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 — The Senate -House Conference Committee adopted its report on Thursday, May 11. The matter is expected to be considered on the House and Senate floors this week and, when passed, is expected to be signed by the Governor. As outlined in the City Administrator's memo, distributed separately, the Conference Committee bill includes transition language that would permit the City to move forward with redevelopment districts that were approved before February 1, 2006. 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 are continuing their meetings with the APrC to discuss the overall approach to the parks and • recreation needs of the area. • Silver Bell Center Remodeling — The owners of Silver Bell Center, next. to McDonalds, have indicated that they will be proceeding with the refacing and remodeling of the shopping center to meet the CGD standards. Staff is working with the Silver Bell owners and a number of Cedarvale businesses that want to relocate to the center. • Acquisition and Relocation Plans — The purchase of the Minsk Market property and a request for authorization to acquire the Cedarvale Shell property is on the EDA Agenda for May 16. Negotiations continue with the owners Ellingson and Associates and Steve Martin 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 Eaaan Redevelopment District • Grand Oaks Development — Construction on the first two office buildings and the retail center are complete or are nearing comp etion. The wilding permit has lieen issued for the "- - --- Grand Oak 11 office building on the former site of the TMI building. • TMI Relocation Assistance Appeal — The City's relocation consultant has been working with TMI representatives to finalize their claims for relocation assistance. Those claims that meet the Uniform Relocation Act criteria have been paid. A number of other claims have been recommended for denial by our consultant for specific reasons. Under the City's Relocation Assistance -Procedure for Appeals, the relocated business has the right to request a hearing to resolve disagreements about the eligibility of certain costs. TMI has submitted a written request for a hearing. The hearing officer under the policy is the Inver Grove Heights • • City Attorney. That office is in the process of requesting detailed background on the claim from TMI and is scheduling a hearing date. • McGough Office Project — The developer has submitted revised offers to the four remaining property owners in the Blue Gentian Circle area. Roger Reiling has commissioned a seller's appraisal and has submitted it to McGough. The parties have scheduled a mediation session on Thursday, May 18 to attempt to negotiate a resolution of 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 met with staff on April 5 to discuss their progress in this regard. Further work remains to be done and DART will keep the City updated on their discussions with other property owners. L' • Southeast Eagan Masterplan • The EDA will consider the TIF Plan and Redevelopment Plan for a Southeast Eagan Renovation and Renewal District on its agenda for May 16. The City Council has scheduled a public hearing for June 6 for the possible creation of the district. 3 City of Eajan Meso TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: May 11, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address Explanation Valuation Type 2805 Dodd Rd Grand Oak 10 Ofc Bldg 6,300,000 Comm New 1642 Diffley Rd Oak Trust Credit Union 550,000 Comm New 3110 Neil Armstrong Blvd American Paper 123,000 Comm Impr Development Update • Community Development staff recently participated in a '/ day Strategic Planning seminar related to Dakota County Economic Development. ➢ Community Development and Engineering staff met with Red Pine neighbors to discuss next steps relative to the Red Pine Crossing development and the Feasibility Report. 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. I/CD/Bullding Activity Reports/Commercial Reports for CC/2006 City of Eap. Nemo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 15 2006 SUBJECT: ADDITIONAL INFORMATION / MAY 16, 2006 CITY COUNCIL MEETING CONSENT B. PERSONNEL ITEMS – Item 4. Seasonal Engineering Aides/Interns— ACTION TO BE CONSIDERED: To approve the hiring of Brandon Barnes, Luke Birkholz and John Tweet as seasonal engineering aides/interns. •Item 5.Concessions/Building Part-time Attendants -Community Center— ACTION TO BE CONSIDERED: To approve the hiring of Alyssa Grogan, Dan Grounds and Jill Strehle as part-time concessions/building attendants at the Community Center. M. Quest Land Lease Agreements – It has been discovered that these Lease Agreements on page 41 have been previously approved by Council action on Nov. 1, 2005 and require no further action. Therefore, this item should be removed from further consideration under the consent agenda. P. Award Contract to Harris Miniature Golf Courses, Inc. / Captains Course Miniature Golf Course. Based on the quote from the initial. Captain's Course designer, Outdoor Environments, the estimate for the 9 -hole miniature golf course within Cascade __ e Bay has been $200,000. T. Energy Conservation Measure Report – Enclosed and referenced as page 49 – 49g are enclosed for City Council review. NEW BUSINESS • C. Preliminary Planned Development and Preliminary Subdivision – CSM / Waters Annex – It should be noted under the "FACTS" that both the Preliminary Planned Development and Preliminary Subdivision were recommended for approval by the Advisory Planning Commission in a 7 — 0 vote. • Attached are revised pages and should replace pages 85 & 86 of the City Council packet. ECONOMIC DEVELOPMENT AUTHORITY B. ADOPT AGENDA — Two items are in order to be added to the EDA Agenda at the time that it is approved. These items were in process late last week and are in order at this time. Because of the three week period between Tuesday's EDA meeting and the next Council/EDA meeting, staff is asking that these items be considered at this time. D. OLD BUSINESS Item 2. — Cedar Grove Redevlopment District — Approve Resolution, for the Use of Eminent Domain to Acquire the Cedarvale Mall — In response to a request by the mall's property owner, the EDA and City Council previously directed the preparation of findings of fact for approval of the use of eminent domain to acquire the mall property. In order to move the acquisition forward, as promptly as possible, the Council Finance Committee recommended that the parties consider an amendment of the development agreement under which the City would underwrite the acquisition of the mall, while the developer completes first phase development plans. Because the City would be carrying the mall during this time period, in consideration for the City's funding, the developer would accelerate. the timelines under which they would be obligated to submit first phase plans for approval. Upon approval of the plans, the developer would be obligated to purchase the mall property in order to proceed with development. Action on the amended agreement would be in order at the same time as, the. findings. Packet materials related to this business item are enclosed on pages 148a through 148dd. E. NEW BUSINESS Item 3. — Cedar Grove Redevelopment District — Approve Option Agreement for Relocation Sites for Cedarvale Mall Tenants- At its meeting of May 2, 2006, the EDA authorized staff to pursue option agreements for certain tenants of the Cedarvale Mall, who had identified receiver sites for relocation once the eminent, domain action on the mall reaches a point that would permit the City to assist with relocation. costs. Staff has reached an agreement on terms with the owners of two receiver sites. Packet materials related to this business item are enclosed on pages 155a through 155c. /s/ Thomas L. Hedges City Administrator Agenda Memo • May 16, 2006 City Council Meeting T. RECEIVE THE ENERGY CONSERVATION MEASURE REPORT FOR THE EAGAN CIVIC ARENA PREPARED BY HARRIS COMPANIES AND RECOMMEND CONSERVATION MEASURES. ACTION TO BE CONSIDERED: Receive the energy conservation measure report for the Eagan Civic Arena prepared by Harris Companies and direct the staff and the City Attorney's Office to complete the necessary agreements to proceed with the implementation of the energy conservation measures. FACTS: • In 2005 an energy audit was completed by Harris Companies in conjunction with Dakota Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic Arena. • The audit was designed to identify ways in which the City of Eagan could make improvements to the building, change operations or procedures to improve the energy efficiency, and to save dollars by reducing operating costs. All three projects represented by Harris Companies and included by staff for consideration indicate a pay -back on investment of 3 years or less. • • These proposals were reviewed by the Operations Committee who supported bringing them forward for the Council to consider. • The Council took action on April 18 to solicit bids for this project. During the process of preparing plans and specifications staff learned that according to State Statutes, projects that are done solely for energy efficiency with a specifically defined payback period that can be guaranteed, are not subject to the bidding process. This information was shared with the City Attorney's Office to clarify for accuracy and to have them provide the details of how this could be managed. They verified the information and will ensure that the appropriate process is followed to meet the statute requirements. • Three specific areas that were identified for potential improvement are recommended for further consideration (projected costs are shown net of rebates and staff is reviewing potential sales tax obligations on these estimated prices) as follows: o Boiler upgrade -- The current boiler system needs to be re -engineered and one of the existing boilers replaced. The new design will improve the efficiency of the existing operation and will complete the design to use the new boiler and current heating systems to add heat to the East Arena as needed. (The East Arena is currently unheated.) ■ Budgeted for 2006 (R&R) $15,000 ■ Replacement Boiler $18,083 ($3,083 not budgeted at this time.) o De -Super heater -- This device is designed to use the heat produced by the compressors (used to cool the ice) to heat the sub floor below the ice sheet, which will • prevent frost build-up. This will also help melt the snow from the resurfacer after the ice is cleaned each hour. This heater will work together with the boiler system to provide efficient "waste" heat in needed areas. De -Super heater $25,194 These two items totaling a net cost of $43,277 are shown as a combined project on page 3 of 6 of the enclosed Harris material. The projects can be considered independently if desired. o Replace lighting in East and West Arenas -- New technology creates improved lighting levels in arenas. This project would replace current lighting features over the arenas and would provide a utility cost savings along with more consistent lighting in the buildings. ■ Replace lighting $33,518 • The proposal from Harris Companies is attached outlining the detail of the various projects along with the specific payback for each project, which they will guarantee. • The addition of these improvements will certainly enhance the operation of the buildings as they currently exist and would remain beneficial if any expansion to the facilities would be considered in the near future. • If the City Council approves the recommendation to proceed with the projects and finalize an • agreement with Harris Companies, the agreement in final form and the complete proposal to finance the project from the renewal and replacement account and/or retained earnings will be brought back to the Council for formal action. ATTACHMENTS: • The proposal from Harris Companies is attached on pages �Ab,through _AA Q., (Page 2 of 6 is the Harris Companies' proposed Project Agreement Terms and Conditions and is included to account for all of the pages in the proposal; however, it will require significant changes before being acceptable to the City Attorney's Office.) (Page 5 of 6 is again included to account for all of the pages in the proposal; those alternates are not being recommended for consideration at this time.) L `ck • • A LINC Service Contractor PROJECT AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS BY AND BETWEEN: Harris Companies 909 Montreal Circle St Paul, MN 55102 hereinafter CONTRACTOR Eagan Civic Arena AND 3870 Pilot Knob Road Eagan MN 55122 hereinafter CUSTOMER SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER: Installation of a De -Super heater and New High Efficient Boiler 95+% AFUE for the Ice Arena system. Engineering, Labor and materials including De -Super heater, pumps, piping and new connection to existing system are included in this proposal. We will integrate the heat recovery coils that exist above the bleachers. New Boiler to be installed in existing boiler room in the place of one of two existing boilers. The High Efficient Boiler will be used as the primary so that the Arena maximizes savings all of the time. Installation, controls, venting, piping, Labor and Materials are included in this proposal. Please see following page for costs & Custom Rebate dollars, as well as ROI and simple payback. As a condition of performance, payments are to be mace on a progress oasis. L11-1— Nay .._i,• — o _ --- — - - - - Any alteration or deviation from the above proposal involving extra cost of material or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. CONTRACTO�����j�; Signature sales resentadve M c elle Kuss ���✓ CUSTOMER ignature Au onze Reprasen Uve Approved for Contractor: Mark Vau hn Signature Name (Print/Type) Name & TRJe I e ate a te Harris Companies Dec 27, 2005 P5P01206 BY AND BETWEEN: Harris Companies 909 Montreal Circle St Paul, MN 55102 hereinafter CONTRACTOR Eagan Civic Arena AND 3870 Pilot Knob Road Eagan MN 55122 hereinafter CUSTOMER SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATION(S): CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER: Installation of a De -Super heater and New High Efficient Boiler 95+% AFUE for the Ice Arena system. Engineering, Labor and materials including De -Super heater, pumps, piping and new connection to existing system are included in this proposal. We will integrate the heat recovery coils that exist above the bleachers. New Boiler to be installed in existing boiler room in the place of one of two existing boilers. The High Efficient Boiler will be used as the primary so that the Arena maximizes savings all of the time. Installation, controls, venting, piping, Labor and Materials are included in this proposal. Please see following page for costs & Custom Rebate dollars, as well as ROI and simple payback. As a condition of performance, payments are to be mace on a progress oasis. L11-1— Nay .._i,• — o _ --- — - - - - Any alteration or deviation from the above proposal involving extra cost of material or labor will become an extra charge over the sum stated above. This proposal will become a binding Agreement only after acceptance by Customer and approved by an officer of Contractor as evidenced by their signatures below. This agreement sets forth all of the terms and conditions binding upon the parties hereto; and no person has authority to make any claim, representation, promise or condition on behalf of Contractor which is not expressed herein. CONTRACTO�����j�; Signature sales resentadve M c elle Kuss ���✓ CUSTOMER ignature Au onze Reprasen Uve Approved for Contractor: Mark Vau hn Signature Name (Print/Type) Name & TRJe I e ate a te Harris Companies A ZINC Service 0 Contractor PROJECT AGREEMENT TERMS AND CONDITIONS 1. Customer shall permit Contractor free and timely access to areas and equipment, and allow Contractor to start and stop the equipment as necessary to perform required services. All planned work under this Agreement will be performed during the Contractor's normal working hours. 2. Contractor warrants that the workmanship hereunder shall be free from defects for thirty (30) days from date of Installation. If any replacement part or item of equipment proves defective, Contractor will extend to Customer the benefits of any warranty Contractor has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer's warranty will be at Customer's expense and at the rates in effect. 3. Customer will promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, Contractor may stop all work under this Agreement without notice and/or cancel this Agreement, and the entire Agreement amount shall become due and payable immediately upon demand. 4. Customer shall be responsible for all taxes applicable to the services and/or materials hereunder. 5. Any alteration to, or deviation from, this Agreement involving extra work, cost of materials or labor will become an extra charge (fixed price amount to be negotiated or on a time -and -material basis at Contractors rates then in effect) over the sum stated In this Agreement. 6. In the event Contractor must commence legal action in order to recover any amount payable or owed to Contractor under this Agreement, Customer shall pay Contractor all court costs and attorneys' fees incurred by Contractor. 7. Any legal action against the Contractor relating to this Agreement, or the breach thereof, shall be commenced within one (1) year from the date of the work. 8. Contractor shall not be liable for any delay, loss, damage or detention caused by unavailability of machinery, equipment or rmaterials, delay of carriersstrikes, egulations, Insurrection or, riot, ctf action ttlhe elemen"tsng those byCforces of nature,) or by�any cause beyond ockouts, civil or itlslauthority, priority control. 9. To the fullest extent permitted by law, Customer shall indemnify and hold harmless Contractor, its agent and employees from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of Customer, anyone directly or indirectly employed by of Co t actor. r anyone for whose acts Customer may be liable, regardless of whether it is caused in party by e negligence 9 10. Customer shall make available to Contractor's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Contractor's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials, or any fungus(es) or spore(s); substance, vapor or gas produced by or arising out of any fungus(es) or spore(s); or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes and materials are encountered, Contractor's sole obligation will be to notify the Owner of their existence. Contractor shall have the right thereafter to suspend its work until such substances, wastes or, materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation, injury or illness to occupants of the facility or third parties, or any damage to the customer's facility, arising out of or in connection with the Contractor's work under this agreement, including without limitation any illness, injury, or damage resulting In any manner from any fungus(es) or spore(s), any substance, vapor or gas produced by or arising out of any fungus(es) or spore(s), or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). 12. UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. Harris Companies 14R e- 0 • • • • SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PR03ECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS AR ON zmww Dec 27, 2005 PSP01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): we will install: The aforementioned De -Super heater and one New HE Boiler for your Ice Systems. The job is Turn -Key with the exception of anything that is existing and deficient and or is not directly attached to the new retrofit. Not Included: Overtime Additional work beyond the new system Asbestosis removal ------------------------------------------------- The cost of the project is (boiler) ..................................................... $20,000.00 The cost of the project is (De -Super heater) ....................................... $36,664.00 Aquilla Boller Rebate (95% efficient) (1,917.00) Aquilla De -Super heater Rebate (9,138.00) Dakota Electric Rebate onff NetInvestment is..................................................................... Yearly Savings for De -superheater is..................................................16,662.98 Yearly Savings for the Boiler is............................................................ 830.80 Total Yearly Savings Is------------ ------------------------------------------- 181493.78 Simple Payback is 2.34 Years THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHAI," I Mml"Urr"r'+� A PART. Harris Companies SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PR03ECT AGREEMENT FOR ENVIRONMENTAL. SYSTEMS ?. .Sept t»UJlep-.;_....i •"+" .Yn�;''n1a8TeMV$Ifib�A i�'llt:r1'n`iF i'.Y s y�q•,`ivv ,i`$i�'+•{ '� -J Dec 27, 2005 1 112511201206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Add Alternate#One--Lighting and Control ECO's =------------------------------------------------- Lighting East Arena Lighting West Arena ECO's 12, 13 & 16 in West Arena ECO's 22, 23 & 26 in East Arena Deduct's Rebate (Lighting and VFD's) Rebate (Dakota Electric --CR for ECO's 22, 23 & 26) Rebate (Dakota Electric --CR for ECO's 12, 13 & 16) Net Investment after Rebates -------------------------- Annual Savings Lighting (East and West Arena's) East Arena ECO 22, 23 & 26 West Arena ECO 12, 13 & 16 Total Annual Savings is Simple payback is 1.25 Years! Approval of Add Alternate #One 12,524.52 14,162.73 14,762.00 20,640.00 (12,370.00) (8,820.00) (7,381.00) ----------- --$33.518.25 (initial) 6,558.03 9,489.31 10,926.01 $26,973.35 THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHICH I tilt, t,u1•1-LCMr1M I L. A PART. Harris Companies 0 • • • • A UNC Service ® Contractor SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PROJECT AGREEMENT FOR ENVIRONMENTAL SYSTEMS way C�rrd fi .r. j "U fl � "�°f.. r .. . rr 4 4 fi;'4 i a�Yta Dec 27, 2005 P5P01206 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): Alternate #--Two Add Control to Set Back Ice Temperatures --------------------------------------------- Cost of Opportunity ECO, #11&17 ECO # 21 & 27 Rebate (Dakota Electric --CR for ECO #11) Rebate (Dakota Electric --CR for ECO #21) Rebate for Drives on 11 & 21 Net Investment is ---------------------------------- Annual Savings ECO's 11 & 17 ECO's 21 & 27 Total Annual Savings is Simple Payback is 2.8 years! Approval of Add Alternate #Two 11,106.00 12,318.00 (1,870.00) (1,944.00) ( 450.00) ------------------ $19,610.00 (initial) 3,870.27 3,133.71 $7,003.98 THE SERVICES ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROGRAM OF WHLLrl I Mm ovrr&rtr'&.a A PART. Harris Companies tag V - --- Recommended Solutions Worksheet (Contractor) will provide for the complete Q Design/ Engineering and 0 Installation F1 Replacement [] Modification Q Retrofit/Repair of the following environmental system(s): Location: Eagan Civic Arena Component(s): A new Boiler, De -Super heater and components to build energy efficient system. Specifications: Labor and materials including De -Super heater, pump, piping and connection to existing system are included In this proposal. Included in this proposal we have provided for the following: complete engineering and updating of drawings Insulation r Complete project management Concrete Pad Delivery of all equipment to your facility Roof Sealing Equipment Disposal � Complete Installation of the above system(s) � Electrical Connection for New System NP Final Adjustment and Calibrations V One (1) year warranty on parts, material and labor r Systems training program Preventive maintenance agreement VP Consideration for your long-term facility Investment plan We have not included: �v Cutting, patching, painting Concrete Pad Electrical wiring Roof Sealing Setting of valve bodies or wells Asbestos Removal Air balancing o/ Setting of dampers r Preventive maintenance agreement Any work not specifically stated In this proposal When completed this program will provide your organization with: Reduced legal exposure V Reduced operating expenses ,e Peace of mind Investment protection Improved comfort conditions Improved Indoor Air Quality Improved environmental control Harris Companies • Agenda Information Memo May 16, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION — CSM (WATERS ANNEX) ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for.one office building and three office/warehouse buildings upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1St Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW'/4 of Section 1, subject to the conditions listed in the APC minutes. To approve (OR direct preparation of findings of fact for denial for) a Preliminary. Subdivision to create four lots upon approximately 42.5 acres legally described as Lots 1 & 2, Block 1, Silicon Graphics 1" Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW t/4 of Section 1, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: • ➢ The site is vacant, lightly wooded with rolling topography, and contains three wetland areas. The eastern portion of the site contains a wetland area and a ridge line that is heavily wooded. ➢ The applicant is requesting approval of a Preliminary Planned Development for one office building and three office/warehouse buildings, and a Preliminary Subdivision to create four lots. ➢ Each of the buildings will need Final PD approval prior to construction. ➢ Most of the typical RD standards are satisfied. The building coverage limit of 20% is exceeded on two lots, but overall is under 13%. ➢ The building design appears compatible with other existing buildings in this area. ➢ No filling, draining or excavating of existing wetlands is proposed. ➢ Tree removal is proposed in an amount less than allowable limits. ➢ The developer has indicated a willingness to incorporate low impact development (LID) strategies for thisproject. ➢ The APC held a public hearing on April 25, 2006, and recommended approval of both the Preliminary PD and Preliminary Subdivision. 60 DAY AGENCY ACTION DEADLINE: Extended to July 13, 2006 ISSUES: ➢ In response to the APC's comments regarding building materials, CSM made some adjustments in the loading dock areas so those elevations will use two materials rather ;4W �sed. es than one. CSM also provided calculations verifying that the 65% of Class I materials are • utilized. While only two Class I materials are used, the rockface CMU is proposed to have a finish that looks like stone, so the appearance will be that of three different materials -- brick, glass and stone. ➢ CSM has clarified the parking calculations for the office building on Lot 4. Staff has reviewed the calculations and based on the area of 171,200 sq. ft. for the 3 -story office building, the applicant's proposed 913 parking stalls do meet City Code requirements. ➢ CSM is showing a proof of parking area on Lot 1 for the 20 -stall shortage for the building Lot 2. The parking area behind Lots 1 and 2 allows for free movement between the lots and combined the area would provide the required parking for both lots. An easement benefiting Lot 2 would be executed over the excess parking on Lot 1 to ensure availability of parking for each lot. ATTACHMENTS (3): April 25, 2006 APC Minutes, pages through Staff Report, pages through Correspondence, revised elevations, and proof of parking plans from CSM dated May 8, 2006 • • ti.�e� gCP • Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 2. CEDAR GROVE REDEVELOPMENT DISTRICT — APPROVE RESOLUTION FOR THE USE OF EMINENT DOMAIN TO ACQUIRE THE CEDARVALE MALL AND APPROVE AMENDMENT TO TIF DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To approve or deny Findings of Fact, Conclusions and Resolution to authorize the use of eminent domain to acquire the Cedarvale Mall at the request of its owner, Cedar Grove Properties to further the redevelopment of the Cedar Grove Redevelopment District. And To approve or deny an amendment of the TIF Development Agreement between the City of Eagan and Cedar Grove Development Corp. to amend the timeline by which applications for the development of the first phase of the redevelopment project will be • submitted. And To approve or deny the Condemnation Acquistion Agreement between the City of Eagan and Cedar Grove Properties LLC. FACTS (New Information in Bold): • 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 for the area. • Under the TIF Development Agreement between the City and. Cedar Grove Development Corp., which was approved by the EDA and City Council at its meeting of January 17, the developer may request that the City enter into eminent domain to acquire property, including the mall, which is owned by Cedar Grove Properties, LLC. While the developer and City may work with mall tenants to voluntarily terminate leases and provide relocation assistance, authorizing initiation of the eminent domain process will permit the City to set out a set of timelines and processes that would be followed if not all businesses are relocated through those • negotiations. 1ffa • At its meeting of February 7, 2006, the EDA and City Council scheduled a public • hearing to consider this matter. • Notice publication timelines caused the item to be continued to the March 21, 2006 EDA meeting. The Notice of Hearing has been published (March 4th and 11th) and sent to the property owner (March 1St) pursuant to Mari. STAT. § 469.012, Subd. 1g (2005). • On March 21St, the public hearing was held. At that time, the EDA did the following: • Open the Public Hearing and receive public comment on the acquisition of the Property by eminent domain; • Close the Public Hearing; • Make sufficient Findings and Conclusions in the course of their deliberations to support the acquisition; • Direct staff and legal counsel to prepare Findings of Fact, Conclusions and Resolution for the exercise by the EDA of its power of eminent domain, including 90 day quick take. The general relevant information that that was considered by the EDA included the history of the establishment of the TIF District, the Development Agreement between the Developer and the EDA and City, the letter dated January 25, 2006 from the • Developer to the City and EDA requesting the EDA to acquire. the Property by use of eminent domain, and the letter dated January 25, 2006 from the Property Owner to the City and EDA. • Specifically, relevant background to the discussion was as follows: Notice of Hearing The Economic Development Authority published in the requisite legal newspaper the Notice of Hearing on March 4 and March 11, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Property identified above and below by exercise of the Economic Development Authority's powers of eminent domain. The Economic Development Authority sent the Notice of Hearing to the Property Owner, by First Class United States Mail on March 1, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the Economic Development Authority to consider acquisition of the Properties identified above and below by exercise of the Economic Development Authority's powers of eminent domain. • l To b • General facts concerning the redevelopment area and the Development Agreement The City performed an analysis of properties in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy, 77 at its intersection with Hwy 13 and found that properties within the area met the standards necessary under Minnesota statutes to qualify as a Redevelopment Tax Increment Financing District. • On the basis of those findings, the City created the Cedar Grove TIF District October 2, 2001 and was certified by Dakota County on July 22, 2003. The purpose for the District under the TIF Plan is to replace a market obsolete regional shopping center, provide new life cycle housing options for existing Eagan residents, enhance the public transit infrastructure and correct a number of traffic problems within the project area. • The TIF Plan makes a finding that but -for creation of the District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed redevelopment contemplated by the agreement would not occur but -for the assistance outlined, in the TIF Development Agreement. • • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. • The Development Agreement covers issues including the level of TIF assistance that may be. provided to the Developer and the potential for the Developer to request that the EDA use eminent domain to acquire the remaining parcels. • The Development Agreement includes a provision that the city will be the lead in property acquisition, and the likely use of eminent domain for property assemblage. • Unlike other redevelopment agreements, the Development Agreement does not impose an obligation upon the Developer to pursue good faith efforts to acquire the property prior to requesting that the city exercise its power of eminent domain. • In consideration of the current discussions regarding potential legislation that could modify the means by which cities may use eminent domain for redevelopment or economic development purposes, the Development Agreement acknowledges that the EDA will exercise good faith efforts to acquire properties. If state action modifies local government authorities for the use of eminent domain, such efforts will need to occur within the modified standards. • The Developer has requested the EDA commence proceeding to acquire the Property through the exercise of the FDA's powers of eminent domain. • The Property Owner has agreed to assist with the relocation process of the • tenants. • The Property Owner has indicated an intention to waive any claim for damages against the City by reason of any'breach of the lease for lease terminations and relocation of tenants. The conceptual development plan of the Developer for the redevelopment area, including the Property, is generally in conformance with the City's Comprehensive. Guide Plan, zoning and land use ordinances and appears to be consistent with the surrounding development and development plans for the. area. General Facts Supporting the use of Eminent Domain • The redevelopment area, including the Property, is proper and desirable to establish and develop within the City. • The property considered to be acquired by the Authority will be acquired for public uses and public purposes and that the taking is necessary in furtherance of a redevelopment project within the City. • The Property is necessary to carry out the redevelopment of the Redevelopment • District. • The redevelopment will increase the tax base, increase employment, modernize outdated and incompatible buildings, and further the City's ultimate objective of creating an economically viable redevelopment project. Public Hearing Proceedings • At its meeting of March 21, 2006, the EDA held a public hearing to consider facts and receive testimony pertaining to this matter. • At the close of the public hearing, the EDA directed preparation of findings of fact and a resolution to authorize the use eminent domain for the acquisition of the Cedarvale Mall on the basis of the background and the testimony received at that time. TIF Development Agreement Amendment • Staff is requesting consideration of this action with one change from the terms of the development agreement, namely that the City proceed with acquisition without requiring the concurrent financial security from the developer, until the developer receives approval for its first development phase and purchases the property from the City at that time. • 1 *1 . • The benefit of this approach is that it will permit the City to proceed to make relocation arrangements with the Cedarvale businesses that are prepared to move in the near term and to begin discussions with those that may require a longer relocation time frame. It will also permit the City to more completely control the ultimate redevelopment of this portion of the site as the project moves forward. The amendment also modifies the dates for submission the phase 1 site plan and other documents. The original agreement required submissions by December 31, 2006. The amendment now requires. the phase 1 site plan to be due by July 15, 2006. There are also other deadlines that have been established for preliminary plat, rezoning and subdivision applications. Lastly, the developer is required to purchase the Mall from the city no later than January 31, 2007. The failure of the developer to meet any of the deadlines shall be deemed an event of default. ATTACHMENTS: • Request letter on pages- 1491 • Area map on page �— • Minutes of March 21, 2006 EDA meeting on pages LWL. • Findings of Fact, Conclusions and Resolution to authorize acquisition of the mall on pages 14006 -4- 149 47 — 149 Z • • Resolutions to approve the TIF Development Agreement Amendment on pagedthrough l4bb • Resolutions to approve the Condemnation Acquisition Agreement on pages I through ,1r4d • Development Agreement available on request. • C62 Cedar Grove Properties, Inc. . 6151st Avenue NE, Suite 500 Minneapolis, MN 55413 January 25, 2006 By email Mr. Jon Hohenstein City of Eagan and the Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hohenstein: This letter is sent pursuant to Section 3.5 of the Development Agreement, Relating to Tax Increment Financing District NO. 1, between the Eagan Economic Development Authority, City of Eagan and Cedar Grove Properties, Inc. ("Development Agreement"). All capitalized terms used in this letter are terms defined in the Development Agreement. The undersigned, on behalf of the • Developer, requests that the EDA commence proceeding to acquire the Cedarvale Mall (see attached legal description) through the exercise of the FDA's powers of eminent domain. Please let me know if I can answer any questions. Sincerely, Cedar Grove Properties, Inc. Bradley J. Schafer President W • LEGAL DASCRIPTION Parcel l: That part of the Northeast 1/a of Section 19, Townsbip 27, Range. 23, Dakota. County, Mmaesota,desmbed as follows: Commencing at the Northeast corder thereof; thence South 0 degrees 31 mieaites 30• seconds l ASI along the east line of said Northeast 1/4 a distance of 609.74 feet, said east line being the center line of Town Road; thence South 38 degrees 27 minutes 22 seconds' West along the center line of said Town Road a dicta m of 545.6 Fick thence.South 49 degrees 56 noiautes 43 seconds West along the center line of said .Town Road:.a distance of 589.37 feet; thence North 40 degrees 52 mimrtes 22 seconds West a distance of 171.87 feet W the anal point of beginning; thenee:South 49'degrees 7 minutes 38 seconds West a distance of 100 feet; thence South 40 degrees 52 tniniites 22 seconds. Eest a distance of 126.63 feet, more or less, to the northwesterly right of way line ,of Beau De -R- a Drive; thence South 56' degrees 40 minutes 4 seconds West along ihe.northwesteriy right of way line of Beau -0e -Rue Drive a distance of 949.02 feet,mp' -or Tess, to a line parallel with and 952.7 feet east of the west line of said. Northeast 14;.thence North along said parallel line to line 40 feet' sol least' I of and parallel with. the southeasterly right of way'.line of State Highway No. 13; -thence' North '49. degrees 7 -minutes .38 seconds -East .parallel .with said. soutbeasterly* righa.�► t of wline 655.63 feet, more or less, to a line beating North 40 degrees �2 minutes 22 seconds 'West from the point of beginning; the!ace South 40 degrees 52 minutes 22 seconds Bast a distance. of 443 feet w the paint of beginning. Parcel 2: __.. -.. That part of the Northeast 1/a of Section 19, Township 27, .Range 23; Dakota unty; minnesota,'descriied as follows: Commencing at the Southwest corner of maid Northeast 1/•; thence North along the west line of said Northeast 1/a a distance of 198.82 feet; thence East 33 feet tb the easterly ri6t of way line of Cedar Avenue; thence North 47 degrees 00 minutes East. a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thepce North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way . line of State Idighway No. 13; thence North 49 degrees 5 minutes East parallel with said 9 southeasterly right of way. line 408.8 feet; thence North 40 degrees 55 minutes West a • distance of 20 feet;, thence North 49 degrees • 5 - minutes East parallel with said southeasterly right of way line 150 feet to the actual point of beginning; thence South 40. degrees 55 minutes East a distance of 438.02 feet more or less to the northwesterly right of way line of Beau -De -Rue brive; thence northeasterly along said northwesterly right of way line 30.49 feet, more or less, to a line parallel with and 952.7 feet east of the west line of said Northeast '/4; thence North' along said parallel line to a line 40 feet southeasterly of and parallel with the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said southeasterly right of way line 413.61 feet, more or less, to the point of beginning. Parcel 3: Together with an easement for road purposes described as follows:' Commencing at the Northeast corner of the Northeast'/4 of Section 19, 'Township 27, Range 23; thence South 0 degrees 31 minutes 30 seconds East along the east line of said Northeast'/a a distance 609.74 feet; thence south 38 degrees 27 minutes 22 seconds West a distance of 545.66 feet; thence South 49 degrees 56 minutes 43 seconds West a distance of 589.37 feet; thence North, 40 degrees 52 minutes 22 seconds West a distance of 171.87 feet to the actual point of beginning; thence continue North 40 degrees 52 minutes 22 seconds West a distance of 24 feet; thence North 49 degrees 7 minutes 38 seconds East a distance of 375.81 feet, more or less, to the southwesterly right of way line of Rahn Road; thence southeasterly along said southwesterly right of way line 24 feet, more or less, .its �._ intersection with a line bearing North 49 degrees 7 minutes 38 seconds East from the point of beginning; thence South 49 degrees '7 minutes 38 seconds West a distance of 378.77 feet to the point of beginning. Parcel 4: Together with an easement for service road purposes described as follows: Beginning at the intersection of the southeasterly right of way line of State -Highway No. 13 with a line drawn parallel with and 952.7 feet east of the west line of the Northeast K of Section 19; Township 27, Ranga 23; thence south along said parallel line to its intersection with a line drawn -parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence northeasterly parallel with said southeasterly right of way line 655.63 feet; thence northwesterly at right angles 40 feet to said southeasterly right of way line; thence southwesterly along said southeasterly right of way line to the point of beginning: Parcel 5: Together with an easement for service road purposes described as follows: Commencing at the southwest comer of the Northeast i/4 of Section 19, Township 27, Range 23; thence North along the west line of said Northeast i/4 a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees 00 minutes east a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of O I4$ h • 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of wap line 408.8 feet; thence North 40 degrees 55 minutes West a distance of 20 feet to the actual point of beginning; thence continue North 40 degrees 55 minutes West a distarice of 40 feet to the southeasterly right of way line of State Highway No: 13; thence North 49 degrees '5 mimttes East along said southeasterly right of way line 598.28 feet to its intersection with a line parallel with and 952.7 feet east of the west line of said Northeast 1/e, thence South along said parallel line to its intersection with a line parallel with and 40 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence South 49 degrees 5 minutes West parallel with said right of way line 563.61 feet to the point of beginning: EXCEPT that part of Parcels 1 and 2 described as follows: That part of the Northeast 1/4 of Section 19, Township 27, Range 23, Dakota County; Minnesota, described as follows: Commencing at the Southwest corner of Said Northeast 1/4; thence North along the west line of said Northeast Ka distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 408,8 • feet; thence North .40 degrees 55 minutes. West a distance of 20 feet; thence North 49 degrees 5 minutes East parallel with said southeasterly right of way line 150 feet; thence south 40 degrees 55 minutes East a distance of 367 feet; thence North 49 degrees 5 minutes East a distance of 70 feet to the actual point of beginning; thence continuing North 49 degrees 5 minutes East a distance of 110 feet; thence South 40 degrees 55 minutes East a distance of 95.04 feet, more or less, to the northwesterly right of way line of Beau -De -Rue Drive; thence southwesterly along said northwesterly right of way line to a line bearing South 40 degrees 55 minutes East from the point of beginning; thence North 40 degrees 55 minutes West to the point of beginning. c0 aaW,jUO aaolanapaH,anoa!) cepa • MINUTES OF A 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 • OLD BUSINESS There were no items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — PUBLIC HEARING TO CONSIDER THE USE' OF EMINENT DOMAIN TO ACQUIRE 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. 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 of its owner, Cedar Grove Properties, as outlined in the Cedar Grove Redevelopment TIF Development Agreement between the City and Schafer 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 144 L_ Deputy City Clerk • • BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY • CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Condemnation of Certain Properties FINDINGS OF FACT, Located in the Cedar Grove Development CONCLUSIONS AND District and Tax Increment Financing District RESOLUTION No. 1 This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of March 21, 2006. The EDA received and considered public comment; input from City staff; the Development Agreement (the "Development Agreement") between the City of Eagan (the "City"), the EDA and Cedar Grove Development Corp.. (the "Developer"); letters from the property owner, Cedar Grove Properties, LLC. (the "Owner") and the Developer to the EDA and City, together with all existing files, records and prior proceedings and material as presented to • the EDA. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications._ to, create. a Special Area, the adoption of Cedar Grove District. building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA established the Redevelopment District • and the City created and established a Tax Increment Financing District referred to as Tax ►LWM Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections • 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA adopted and the City approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited to: acquiring properties containing structurally substandard buildings or improvements or . hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary. for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has _ previously_ determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 2 148 U 6. The EDA and the City have entered into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of the Redevelopment District. 7. On January 17, 2006, the EDA and the City approved and entered into the Development Agreement with the Developer that required the EDA to use its best efforts to acquire properties within the Cedar Grove Development District and TIF District No. 1 upon the request of the Developer. 8.. General facts concerning the Redevelopment District and the Development Agreement are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of • Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. o On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met the standards necessary , under. Minnesota . statutes- to. qualify as a redevelopment Tax Increment Financing District. The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels.. At least 70 percent of the area in the parcels in the TIF District are . occupied by buildings, streets, utilities, paved or gravel parking lots, or other 3 149 0 similar structures and more than 50 percent of the buildings in the TIF District, not including outbuildings, are structurally substandard to a degree requiring •, substantial renovation or clearance, and in particular, the properties were found to have the following Code deficiencies: o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • The purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to ' provide new life -cycle housing options for existing Eagan residents, as well as to enhance the public transit infrastructure by • - correcting a number of traffic problems within the TIF District.- -- -.-. - . - - --- ---- --- - - - • The TIF Plan makes a finding that but -for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed • 4 IL-8 P redevelopment contemplated by the Development Agreement would not occur is but -for the assistance outlined in the Development Agreement, regardless of and not dependent upon who the developer is for the proposed redevelopment. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. 9. The Development Agreement covers issues including the level of TIF assistance that may be provided to the Developer and the ability of the Developer to request that the EDA use eminent domain to acquire the remaining parcels. The Development Agreement includes a provision that the City will be the lead in property acquisition. 10. The City has been in discussion with the Developer and Owner, regarding the redevelopment of the property commonly referred to as the Cedarvale Mall (the "Property). 11. The Developer has requested the EDA commence a condemnation proceeding to • acquire the Property through the exercise of the EDA's powers of eminent domain. 12. The Property is necessary to carry out the redevelopment of the Redevelopment District. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on March 4th and March 11, 2006, both of which are no more than 30 days nor less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. - 14: - The- EDA-- sent -the NoticeofHearing-- to- the Owner, by -first class - United --States - mail on March 1, 2006, which. is no less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the FDA's powers of eminent domain. • 5 MOM CONCLUSIONS 1. The City, by adoption of an enabling resolution in compliance with the procedural, requirements of Minnesota Statute Section 469.0933 established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Property located within the Redevelopment District is necessary to carry out the Redevelopment Plan and the redevelopment of the Property will lead to substantial economic development. 3. The deficiencies and obsolescence of the Redevelopment District, the obsolescence of the Property, the general egress, construction and accessibility improvements needed for Code compliance of the Property, and the necessity to correct a number of traffic problems within the Redevelopment District are detrimental to the safety and welfare of the City and are within the definition blight under Minn. Stat. 469.002, subd. 11. 4. The redevelopment of the Property is proper and desirable and will help eliminate is structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 5. The conceptual development plan of the Developer for the Redevelopment District, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, and zoning ordinance and further appears to be consistent with the surrounding development -and -development plans. for -the Redevelopment District____ __ 6. The Property considered to be acquired by the EDA will be acquired for public uses and public purposes and that the taking is necessary in furtherance of the Redevelopment District within the City. 0 • • RESOLUTION The EDA does hereby resolve that acquisition of the Property commonly referred to as Cedarvale Mall is necessary to carry out the Redevelopment Plan within the Redevelopment District. The City staff, the EDA's advisors and legal counsel are authorized and directed to acquire the Property through the power of eminent domain, including the use of quick take. Dated at Eagan, Minnesota this day of , 2006. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Pat Geagan Its: President VA 14-0S By: Thomas L. Hedges Its: Executive Director BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, NHNNESOTA In Re: Condemnation of Certain Properties FINDINGS OF FACT, Located in the Cedar Grove Development CONCLUSIONS AND District and Tax Increment Financing District RESOLUTION No. 1 This matter carne before the Eagan City Council (the "Council") at its meeting of March 21, 2006. The Council received and considered public comment; input from City staff; the Development Agreement (the "Development Agreement") between the City of Eagan (the "City"), the EDA and Cedar Grove Development Corp.. (the "Developer"); letters from the property owner, Cedar Grove Properties, LLC. (the "Owner") and the Developer to the EDA and City; together with all existing files, records and prior proceedings and material as presented to the Council. • Based upon all the files, records and input which were presented at the meeting, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1. The City has taken steps to 'bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning --- modifications .to.. create. a Special Area, the adoption of. Cedar._ Grove_ District building- standards, _ ... and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA established the Redevelopment District and the City created and established a Tax Increment Financing District referred to as Tax • ' ore _L_ Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove • Redevelopment Area, all pursuant to the authority granted -by Minnesota Statutes, Sections 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA adopted and the City approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance. a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which ' is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited • to: acquiring properties containing structurally substandard buildings or improvements or • hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the -EDA-.. has- previously_ determined_ to_ provide ..substantial_ aid__ and_.assistance.- through. . the- _ . ...__..-- . financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 6. The EDA and the City have entered into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of • the Redevelopment District. 7. On January 17, 2006, the EDA and the City approved and entered into the Development Agreement with the Developer that required the EDA to use its best efforts to acquire properties within the Cedar Grove Development District and TIF District No. 1 upon the request of the Developer. 8.. General facts concerning the Redevelopment District and the Development Agreement are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy • of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. o On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met --- the -standards- necessary--under---Minnesota -.statutes__ to- qualify_ . as. a. _ ..... redevelopment Tax Increment. Financing District. • The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels. At least 70 percent of the area in the parcels in the TIF District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other • 3 IL9 V similar structures and more than 50 percent of the buildings in the TIF District, • not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance, and in particular, the properties were found to have the following Code deficiencies: o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; • o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • The purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to provide new life -cycle housing options for existing Eagan residents, as well as to enhance the public transit infrastructure by correcting. a number- of trafficproblems.. within the-TIF.District......_._.. _.. • The TIF Plan makes a finding that but -for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and is has prepared a memo indicating, likewise, that the specific proposed 4 IWO redevelopment contemplated by the Development Agreement would not occur but -for the assistance outlined in the Development Agreement, regardless of and • not dependent upon who the developer is for the proposed redevelopment. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. 9. The Development Agreement covers issues including the level of TIF assistance that may be provided to the Developer and the ability of the Developer to request that the EDA use eminent domain to acquire the remaining parcels. The Development Agreement includes a provision that the City will be the lead in property acquisition. 10. The City has been in discussion with the Developer and Owner, regarding the redevelopment of the property commonly referred to as the Cedarvale Mall (the "Property). 11. The Developer has requested the EDA commence a condemnation proceeding to acquire the Property through the exercise of the EDA's powers of eminent domain. • 12. The Property is necessary to carry out the redevelopment of the Redevelopment District. 13. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on March 4th and March 11, 2006, both of which are no more than 30 days nor less than 10 days prior to the hearing by the Council to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. - ------ - --14. ----The- Council- sent -the Notice of Hearing- to the -Owner, byfirst class United. States mail on March 1, 2006, which is no less than 10 days prior to the hearing by the Council to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. CONCLUSIONS • G ILIX 1. The City, by adoption of an enabling resolution in compliance with the procedural • requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Property located within the Redevelopment District is necessary to carry out the Redevelopment Plan and the redevelopment of the Property will lead to substantial economic development. 3. The deficiencies and obsolescence of the Redevelopment District, the obsolescence of the Property, the general egress, construction and accessibility improvements needed for Code compliance of the Property, and the necessity to correct a number of traffic problems within the Redevelopment District are detrimental to the safety and welfare of the City and are within the definition blight under Minn. Stat. 469.002, subd. 11. 4. The redevelopment of the Property is proper and desirable and will help eliminate is structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 5. The conceptual development plan of the Developer for the Redevelopment District, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, and zoning ordinance and further appears to be consistent with the surrounding development and development plans for the Redevelopment District. 6.. ___The_Property_considered.W-be acquired --by. thc_EDA will. be .acquired for public_ _ _. _._._ uses and public purposes and that the taking is necessary in furtherance of the Redevelopment District within the City. • 6 RESOLUTION The Council does hereby resolve that acquisition of the Property commonly referred to as Cedarvale Mall is necessary to carry out the Redevelopment Plan within the Redevelopment District. The City staff, the Council's advisors and legal counsel are authorized and directed to assist the EDA to acquire the Property through the power of eminent domain, including the use of quick take. Dated at Eagan, Minnesota this day of , 2006. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk • • CITY OF EAGAN RESOLUTION TO APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DATED JANUARY 17, 2006 RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Eagan City Council to approve the First Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: • Those in Favor: • Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this I e day of May, 2006. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY • RESOLUTION TO APPROVE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DATED JANUARY 17, 2006 RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE CITY OF EAGAN AND CEDAR GROVE DEVELOPMENT CORP. RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the First Amendment to Development Agreement Dated January 17, 2006 Relating to Tax Increment Financing District No. 1 Between the City of Eagan and Cedar Grove Development Corp. related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: • Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstein,-Secretary/Deputy Executive Director- -. 0 1 W bb • EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE THE CONDEMNATION ACQUISITION AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE PROPERTIES LLC RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the Condemnation Acquisition Agreement Between the City of Eagan and Cedar Grove Properties LLC related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor: • Those Against: • CERTIFICATION L Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 16th day of May, 2006. Jon Hohenstein, Secretary/Deputy Executive Director l 4w 6z' CITY OF EAGAN • RESOLUTION TO APPROVE THE CONDEMNATION ACQUISITION AGREEMENT BETWEEN THE CITY OF EAGAN AND CEDAR GROVE PROPERTIES LLC RELATED TO ACQUISITION OF THE CEDARVALE MALL BE IT RESOLVED by the Eagan City Council to approve the Condemnation Acquisition Agreement Between the City of Eagan and Cedar Grove Properties LLC related to the acquisition of the Cedarvale Mall in the Cedar Grove Redevelopment District. Motion by: Second by: Those in Favor. Those Against: .7 CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this I e day of May, 2006. Maria Petersen, City Clerk 0 • Agenda Memo Eagan Economic Development Authority Meeting May 16, 2006 3. CEDAR GROVE REDEVELOPMENT DISTRICT — APPROVE OPTION AGREEMENTS FOR RELOCATION SITES FOR CEDARVALE MALL TENANTS ACTION TO BE CONSIDERED: To approve option agreements for relocation sites for Cedarvale Mall tenants and authorize signatures by the appropriate parties. FACTS: • At the time that the City and the developer approved the Cedar Grove Redevelopment Agreement earlier this year, Schafer Richardson communicated a preliminary relocation schedule to the Cedarvale Mall tenants anticipating acquisition of the mall by the City by mid year. As the City and Schafer Richardson have been finalizing details associated with the acquisition of the Cedarvale Mall under the Cedar Grove Redevelopment agreement, that timeline has been delayed, but some mall tenants have identified possible receiver locations for their relocation. • . The City cannot declare the businesses eligible for relocation or provide them relocation benefits until a later stage of the mall acquisition. While the City cannot pay relocation assistance out of sequence, the City's TIF attorney has confirmed that it would be an eligible expense for the City to secure options on properties, if they are deemed to be suitable relocation sites that may be occupied when relocation eligibility occurs. • At its meeting on May 2, the EDA authorized staff to negotiate to secure option agreements to preserve receiver sites for up to three months for Cedarvale businesses that had negotiated relocation agreements in anticipation of being able to move in June or July. • At this time, an option agreement with Krause Anderson for a future receiver site for Community Drug and Alcohol Services is in order for consideration. The agreement would preserve the lease opportunity through August 31, 2006 for $4,000 per month. -- • As of Monday, May 15, 2006, staff is in the process of finalizing an option vagreemenf with Wallingrd Properties for future receiver sites for Cedarvale-------------- IBarbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop. The agreement would preserve the lease opportunities for the four businesses through August 31, 2006 for $4,500 per month. If this agreement is executed in time, staff will ask that it be considered for approval at Tuesday's meeting as well. ATTACHMENTS: • • Krause Anderson agreement on pages 6 through —Zsp `5t37q OPTION AGREEMENT J • This Option Agreement is made this day of May, 2006 by and between the Eagan Economic Development Authority, a Minnesota municipal corporation, (hereinafter "EDA") and Kraus -Anderson Realty Company, a Minnesota corporation (hereinafter "Kraus"). EDA and Kraus are jointly hereinafter referred to as the "Parties". WHEREAS, the EDA has held a public hearing and is contemplating whether to exercise its power of eminent domain to acquire the property commonly known as the Cedarvale Mall; WHEREAS, Community Drug and Alcohol Services, Inc. ("Tenant") is a tenant in the Cedarvale Mall and has been working with Kraus to secure a suitable replacement site in the event the EDA acquires the Cedarvale Mall and Tenant may need to relocate; WHEREAS, Kraus has found an appropriate receiver site for Tenant, however, Tenant is unable to sign any lease with Kraus unless and until the EDA pursues eminent domain and Tenant receives its formal notice of eligibility for relocation benefits. NOW, WHEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. GRANT of OPTION. In consideration of the payment of $12,000.00 paid by the • EDA to Kraus, Kraus agrees that it will reserve the location located at 501 East Highway 13, City of Burnsville, Minnesota, commonly known as the Burnsville Corporate Center (the "Property"), for Tenant until August 31, 2006. Kraus has reserved 7,212 square feet with rental payment of $5,372.94 per month for years one and two and rental payment of $5,973.94 for.year three to five. 2. REPRESENTATION BY KRAUS. Kraus warrants and represents to the EDA that it possesses fee title to the Property and has the authority to enter into a lease with Tenant. Dated: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director 1554b • • • • Dated: STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) KRAUS-ANDERSON REALTY COMPANY, a Minnesota corporation By: Bruce W. Engelsma Its: President/Treasurer . I The foregoing instrument was acknowledged before me this day of , 2006, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of '2006, by Bruce W. Engelsma, the President/Treasurer of Kraus -Anderson Realty Company, a Minnesota corporation. IS,5'C_4 Notary Public