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11/09/2006 - City Council Regular (2)AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 9, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE Q. IL ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS p S . a A. Retirement of Mike Schrader pIV. CONSENT AGENDA t• 3 A. APPROVE MINUTES P.15 B. PERSONNEL ITEMS r. 14 C. APPROVE CHECK REGISTERS P.11 D. APPROVE Resolution Accepting Donation from Home Depot for the Eagan Fire Department f (7 E. ACCEPT Grant in the amount of $2,000 from the Walmart Foundation to the Eagan Police Department p, I$ F. ACCEPT resignation of Dean Haehnel from the Airports Relations Commission and appoint Steve Beseke to complete the term which expires in April, 2007 PA G. APPROVE TemporaryOn-sale Liquor License and waive license fee for Faithful Shepherd Catholic School p api H. APPROVE 2007 Cascade Bay User Rates and 2007 Budget P1. APPROVE Execution of Release of Regulatory Agreement — Woodridge Apartments J. Item removed P,C*K. AUTHORIZE Cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar aft. Grove Redevelopment District P. q0 L. APPROVE Final Subdivision for Oldre Addition, (2900 Skyline Drive in the SE'/. of Section 4) P 30M. APPROVE Final Subdivision for Eagandale Center Industrial Park No. 19 (SW comer of Lexington Avenue and Lone Oak Road in the NE 1/4 of Section 10). $et N. RECEIVE Assessment Roll and Schedule Public Hearing (Dec. 4, 2006) for Project 776, (Yankee Doodle Road — ,pQ2 Street Improvements) 1 •mJ:J O. RECEIVE Petition and Schedule Public Hearing (Dec. 4, 2006) for Easement Vacation (Silicon Graphics First Addition) PNP P. RECEIVE Right -of -Way Tumbabk from MnDOT, O'Neil Drive ffp� l Q. REJECT Bid for Contract 06-08, Sibley Terminal Industrial Park / Northridge Drive/Fish Lake Outlet/Shawnee Road — Storm Sewer Improvements Pd R. RECEIVE Petition and Schedule Public Hearing for December 4, 2006 for Easement Vacation — Lena Court !• S. APPROVE 800mhz Antennae Lease Agreement with Dakota County (Sperry Reservoir) T. Item removed �4 U. APPROVE Design Contract for Thresher Fields Service Building �!L}lp V. APPROVE Final Assessment Settlement Agreement (Project 874 — Cina) fo tR W. DIRECT Staff to Prepare an Ordinance Amendment to Chapter I 1 Regarding Sign Permits V. PUBLIC HEARINGS Py A. CERTIFICATION of Delinquent False Alarm Bills ll B. CERTIFICATION of Delinquent Weed Cutting Bills rt7 C. CERTIFICATION of Delinquent Utility Bills p73 D. VARIANCE — Spectrum Development — Variance of 5' and 15' to the required 20' parking setback from a public right-of-way for Lot 3, Block 1, Spectrum Business Park in the NW '/4 of Section 2 pop E. PROJECT 928, Final Assessment Hearing, Alexander Road / Meadowview Road (Street Improvements) to be continued to December 4, 2006 F. EASEMENT VACATION (Outlot A, Riverpark Office Center) VL OLD BUSINESS /0,/ A. Canvass of Ballots —November 7, 2006 Municipal Election pVII. NEW BUSINESS P qa A. Consider EAGAN ART HOUSE PROPOSAL q(Q B. WETLAND DELINEATION REPORT - WETLAND REPLACEMENT PLAN — Lone Oak Business Campus, 565 P9q Lone Oak Road in the SE %. of Section 01. y C. PRELIMINARY PLANNED DEVELOPMENT — Lone Oak Business Campus — A Preliminary Planned Development of 85+ acres to create a business campus located at 565 Lone Oak Road in the SE'/. of Section,01'. 1q I D. RESOLUTION FOR SUPPORT for Cedar Grove Transit/BRT Station Concept Plan. VIIL LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE vP (147A. APPROVE submittal of legislation to improve representation of the Noise Oversight Committee communities on the Metropolitan Airports Commission (MAC). n IX. ECONOMIC DEVELOPMENT AUTHORITY n. �S A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Update regarding status of Core Area Redevelopment Agreement with Schafer Richardson E. New Business 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to LaSalle Bank F. Other Business G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eagan Ncoo TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 3, 2006 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 9, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 9, 2006 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo November 9, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RETIREMENT OF MIKE SCHRADER ACTION TO BE Recognition of Officer Michael Schrader's 18 years of service to the City of Eagan FACTS: • Officer Schrader is retiring after 28 years of law enforcement service, 18 of those years serving with the Eagan Police Department. • Officer Schrader was instrumental in staff development. Because of his teaching abilities, commitment to training new officers, participation in defensive tactics/firearms, and being a SWAT member, the Eagan Police Department enjoys the reputation of having highly skilled and knowledgeable personnel. • Officer Schrader was also instrumental in the development of the department's Chaplain's Corps Program. a Agenda Information Memo November 9, 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 finther 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 October 10, 2006 Special City Council meeting and October 17, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 10, 2006 Special City Council meeting are enclosed on pages through T—. • Minutes of the October 17, 2006 regular City Council meeting are enclosed on pages through `�_. 3 MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 10, 2006 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Chief of Police McDonald, Director of Communications Garrison, City Engineer Matthys, City Planner Ridley, Water Resources Coordinator Macbeth, and Administrative Intern Ziemer. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda. Aye: 5; Nay: 0 H. VISITORS TO BE HEARD There were no visitors to be heard. III. RECEIVE ORFIELD NOISE MONITORING ANALYSIS City Administrator Hedges introduced this item and provided background on the City's efforts to determine community noise impacts and changes related to the operation of the new north -south 17/35 Runway. City Administrator Hedges introduced Administrative Intern Ziemer who provided additional background regarding the purpose of the study, the results at the various monitoring sites, and introduced Elliot Dick of Orfield Laboratories. Mr. Dick presented the raw data collected from the Phase II study and a detailed analysis of the comparison of the Phase I and Phase II studies. He sited numerous factors including a change in the number of total flights between the two phases, the mix of arrivals and departures, and location within Eagan that make definitive conclusions difficult. In general, the use of noise averaging which is the official methodology in place at this time and is used for compliance studies, results in very little difference in noise levels between the two Eagan studies. In response to City Council suggestions that that conclusion does not match community experiences, Mr. Dick and Steve Orfield explained in more detail how the methodology used generates a measurement of noise averages over time while noise to citizens is an event. They also noted that a noise event may have an annoyance factor much higher than what would be expected from an average noise level and that the earlier Wyle Laboratories work was a compliance study. After considerable discussion about the effectiveness of the information that was gathered, its potential limitations in explaining noise events to the community, and whether or not more useful data could be extrapolated from the report, the City Council accepted the report. Further, the City Council directed the Airport Relations Commission to: 1) study the noise impacts on various sites in more detail; 2) to determine whether or not better compliance standards could be promoted through legislation; 3) to determine other ways to influence the collection of more useful data; and 4) to review the options available to Eagan to gather and/or extrapolate data to distribute information that would be meaningful to the community. IV. RECEIVE UPDATE ON PRELIMINARY PREPLANNING EFFORTS TO ENSURE CONTINUITY OF GOVERNMENT OPERATIONS — MANAGE THE PANDEMIC EVENT City Administrator Hedges introduced this item and presented background on the staff planning that is underway for a possible Avian Influenza Pandemic. Chief of Police McDonald provided an overview to the City Council including a brief history of Avian Flu, the assumptions as developed by the Minnesota Department of Public Safety being used as a basis for City planning efforts, and a synopsis of City actions to date. In response to a question from Mayor Geagan Chief McDonald reported that the plan being developed for the potential Avian Flu Pandemic would not replace the City's existing Emergency Preparedness Plan but would be a mini -plan to augment it. V. REVIEW PROPOSED BURNSVILLE / EAGAN COMMUNITY TELEVISION (BECT) 2007 OPERATING BUDGET City Administrator Hedges presented the background information on the development of the Burnsville/Eagan Community Television 2007 Operating Budget and the requested action for the meeting. Director of Communications Garrison outlined specifics of the budget including the assumption that activities would continue as usual and the potential for Federal Government action that would potentially disrupt that assumption. He also pointed out the present need for capital spending to maintain a functional system and the progress on the one year lease for the facility as previously directed by the two cities. Director Garrison pointed out the fund balance projections and the future need for more revenue to include additional partnerships. Development of additional revenue sources remains a priority in the 2007 work plan. The City Council directed staff to place the proposed 2007 Burnsville/Eagan Community Television Budget on a future regular City Council meeting consent agenda for formal ratification. VI. RECEIVE AN UPDATE ON THE 2008 COMPREHENSIVE PLAN UPDATE City Administrator Hedges provided background on the status of the 2008 Compreheralvo Plan Update and outlined a process for a review of the update as developed to date and presented in the packet. City Administrator Hedges noted that staff did not plan to make a formal presentation and would primarily respond to questions, although a more detailed presentation was contemplated for the surface water management element of the Plan. F The City Council recessed at 6:44 p.m. and reconvened at 6:53 p.m. Director of Community Development Hohenstein stated that the presentation at this meeting was expected to serve as a checkpoint for the City Council and that the Plan would be brought back in the spring after additional work had been completed and any additional suggestions incorporated into the document. He noted there are two overarching themes included in the nine sections of the report; those being the aging demographics of the Eagan population and the.aging of both public and private facilities and the need to reuse, revitalize or redevelop certain properties. He further noted that the sections on emerging issues and trends help frame the public policy issues for the City Council. The following nine sections were presented for discussion by the City Council: 1. LAND USE — In response to a question City Planner Ridley stated that approximately 96% of the land in the City was built on or designated as open space. The 4% balance is guided primarily (approximately 75%) for commercial/industrial uses. 2. TRANSPORTATION — In addition to the on-going studies emerging issues include a growing desire for walkability, improved transit service, and the need to identify additional funding sources for future transportation improvements. 3. AVIATION/AIRPORTS — The evolution of the use of the new north -south runway and related noise impacts is an important issue in this section of the Plan. 4. PUBLIC UTILITIES (SANITARY SEWER) — A key component of this Plan section is the determination of the sources and potential remediation efforts related to inflow and infiltration of ground water into the sanitary sewer system. PUBLIC UTILITIES (STORM SEWER) — There is crossover between this section with surface water management to be discussed later in the Plan. A major component of this section relates to the managed conveyance of storm water flows into, through, and from Lebanon Hills Regional Park. PUBLIC UTILITIES (WATER SUPPLY & DISTRIBUTION) — It was noted that the future of the Sperry Water Tower would be studied and that additional water conservation measures would be studied. Director Hohenstein pointed out that the various systems in Public Utilities have had numerous comprehensive plans prepared over the years to provide for the necessary infrastructure. 5. PARKS & RECREATION — This section incorporates the work of the 20/20 Vision planning process and adds it into the Comprehensive Guide Plan. The results of the Patrick Eagan Park Master Plan will also provide potential land acquisition criteria that will be helpful in the Comprehensive Guide Plan. City Councilmember Carlson asked staff to investigate the Apple Valley Guide example to see whether to differentiate between active park space and passive park space. 0 6. NATURAL RESOURCES (WATER QUALITY) -- Water Resources Coordinator Macbeth presented the work that has been completed over the past year on the new 2007 City of Eagan Water Quality Management Plan. He explained the proposed vision, the mission, the process used by the Water Quality Task Force, the Federal and State Regulatory impact, operating goals and policies, public participation, and emerging issues and trends. He noted the upcoming open house on November 13, 2006 and the public hearing tentatively scheduled for February 6, 2007. Mr. Macbeth stressed the transition to this future plan becoming more a local product with resulting responsibility at the local level. It was noted in the discussion that the City can go beyond the State and Federal regulations and may very likely decide to do that. City Administrator Hedges noted that action to receive the Draft Water Quality Management Plan and to authorize the public comment period is scheduled on the October 17, 2006 regular City Council Agenda. 7. HOUSING PLAN — This section of the Plan will place an emphasis on life cycle housing in response to the aging demographics of the community. It was noted that it has not been permissible to use a land use designation to preserve land for future senior housing sites. 8. ECONOMIC DEVELOPMENT — The development of this section will take place primarily in early 2007 through coordination with the Economic Development Authority. 9. COMMUNITY FACIITIES — The availability of high quality, redundant, high speed internet service is emerging as a key in economic development and quality of life with more services moving online. This section of the Plan will incorporate the work of the Technology Task Force and the Technology Working Group. The recent work of the Communications Committee was noted and City Administrator called the City Council's attention to the notes included in the Additional Information Packet distributed on Friday October 13, 2006. That material is also being forwarded to the Technology Working Group for consideration at its next meeting. Director Hohenstein again reminded the City Council that the next check on the draft Comprehensive Guide Plan 2008 Update is scheduled for early to mid -spring of 2007 and asked that any additional response or input to this presentation and to the material as written to date be forwarded to staff for research and potential inclusion in the Plan. There was no other business. VII. OTHER BUSINESS A I _ : 1 e 1. 01u_I_ ► _ Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at 7:28 p.m. Aye: 5; Nay: 0 7 MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL . Eagan, Minnesota October 17, 2006 A Listening Session was held prior to the regular City Council meeting on October 17, 2006 in the Eagan Room. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 17, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Fields, Tilley, and Maguire. Councilmember Carlson arrived at 6:45 p.m. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 There were no recognitions and presentations. AND PRESENTATIONS CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye:4 Nay: 0 A. Minute . It was recommended to approve the minutes of the October 3, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the proposed reorganization of the clerical support staff in Community Development by replacing one Clerical Tech III with a Clerical Tech IV and authorize the advertisement of a Clerical Tech IV. C. Check Registers. It was recommended to ratify the check register dated October 5, 2006 and October 12, 2006 as presented D. Exempt Permit It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School E. Pigeon License. It was recommended to approve a license for Eric Drenckhahn to house pigeons on his . property at 2811 Pilot Knob Road. F. Proiect 877. It was recommended to receive the Final Assessment Roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction an Overlay) and schedule a public hearing to be held on November 21, 2006. G. Amendment to Snow Plowing Agreements. It was recommended to approve the amendments to contractual snow plowing agreements with Gallagher's, Inc. for the street and cul-de-sac snow removal and Bever Landscaping for trail and sidewalk snow removal for the 2006-2007 winter season and authorize the Mayor and City Clerk to execute all related documents H. Project 04 -IL It was recommended to acknowledge the completion of public infrastructure improvements for City Project No. 04-R (Evergreen Enclave Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions I. Final Subdivision and Final Planned Development. It was recommended to approve the vacation of a portion of public right-of-way (Gun Club Road) west of Biscayne Avenue in the SE 1/4 of Section 36; a final subdivision (Red Pine Crossing) to create two lots upon approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE 1/4 of Section 36; and a final planned development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE 1/4 of Section 36. J. Final Planned Development and Final Subdivision. It was recommended to approve a Final Subdivision of 21 acres to create 3 Lots and one Outlot on property located in the southwest comer of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13 subject to conditions in the July 6, 2006 City Council minutes; and a Final Planned Development to allow a 52,500 SF office/warehouse building on Lot 2, Block Eagan City Council Meeting Minutes October 17, 2006 Page 2 ®RAFT 1, LoNidy, located in the southwest comer of Yankee Doodle Road and Highway 149 in the NW %4 of Section 13, subject to conditions in the July 6, 2006 City Council minutes.. K. Extension for Final Plat. It was recommended to approve a 60 -day extension of time to record the final plat for Manley Commercial Addition, located on O'Neill Drive south of I494 and west of Argenta Trail in the NE %4 of Section 1. L. Cedar Bluff Housing Improvement Area It was recommended to approve the implementation of a Housing Improvement District under Minnesota Statutes Sections 428A.I I — 428A.21 by the adoption of: 1. An ordinance establishing the Cedar Bluff Housing Improvements Area. 2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. M. Short Term Lease — Armful of Love Program. It was recommended to authorize the preparation of short term lease agreement for Community Action Council — Armful of Love Program at Cedarvale Mall and authorize the Mayor and City Clerk to execute the agreement. N. Removed from Agenda. O. Proiect 942. It was recommended to receive the Draft Feasibility Report for Project 942, Deerwood Drive (Blackhawk Road to Pilot Knob Road — Street Improvements) and schedule a public hearing to be held on November 21, 2006. P. Proiect 943. It was recommended to receive the Draft Feasibility Report for Project 943 Wescott Road (Pilot Knob Road to Denmark Avenue — Street Improvements) and schedule a public hearing to be held on November 21, 2006. Q. Final Assessment Rolls - City Projects 926/927/932/933. It was recommended to approve clarification of the assessment roll property identification numbers for City Project No.'s 926 (Saddlehorn / Sunset / Northview Meadows), 927 (Meadowland / Suncliffe / Beaver Dam Road) 932 (Whispering Woods / Slater Acres / Slater Road), and 933 (Town Centre / O'Leary Lane / Golfview). PUBLIC HEARINGS PROJECT 930, SILVER BELL ROAD WCOLS TO KENNEBEC) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Silver Bell Road. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 930 (Silver Bell Road — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 931, ART RAHN / HH.LANDALE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Art Rahn / Hillandale Additions. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councihnember Maguire seconded a motion to approve the Final Assessment Roll for Project 931 (Art Rahn / Hillandale Additions — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 N Eagan City Council Meeting Minutes October 17, 2006^ F T Page 3 A OLD BUSINESS MODIFICATION OF CONDITIONAL USE PERMIT — BEST BRANDS (LOT 1, BLOCK 1, BEST BRANDS 2"D ADDITION) City Administrator Hedges introduced this item regarding a request for a modification to the conditions of approval regarding outside storage with the conditional use permit approved for Best Brands. City Planner Ridley gave a staff report. Councilmembers discussed the proposed modification regarding the bituminous surface and it was the consensus of the Council that the site be inspected annually by City staff. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the request for a modification to the conditions of approval regarding outside storage with the Conditional Use Permit approved for Best Brands on Lot 1, Block 1, Best Brands 2°d Addition in the SE %4 of Section 8 with inspection of the recycled asphalt by City staff annually. Aye: 5 Nay: 1 (Maguire opposed) NEW BUSINESS WATER QUALITY MANAGEMENT PLAN PUBLIC COMMENT PERIOD City Administrator Hedges introduced this item regarding the draft Water Quality Management Plan. Eric Macbeth, Water Resources Coordinator presented the plan to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to receive the draft Water Quality Management Plan and authorize a 60 day public comment period beginning October 18, 2006 and closing December 18, 2006. Aye: 5 Nay: 0 WETLAND DELINEATION — MADELYN WOODS City Administrator Hedges introduced this item regarding the Wetland Delineation Report for Madelyn Woods. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to receive and affirm the Wetland Delineation Report for Madelyn Woods. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (MADELYN WOODS) VIRIDIAN VENTURES, LLC City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road. City Planner Ridley gave a staff report. Chuck Ryan, representing the property owner and developer, discussed the proposed subdivision noting that as many trees as possible will be preserved. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road in the NE'/4 of Section 32, subject to the following conditions: Aye: 5 Nay: 0 1'. The developer shall comply with these standards conditions of plat approval as adopted by Council on February. 2, 1993: Al, Bl, B2, B3, B4, Cl, C2, C4, DI, and El. 2. The property shall be platted. 3. The developer shall prepare and submit a noise abatement plan in accordance with Chapter 13.20, Subd. 15, prior to final subdivision approval. ID Eagan City Council Meeting Minutes October 17,2006 Page 4 ®R,A FT 4. The applicant shall fWfill tree mitigation requirements through the installation of thirty-six (36) Category B trees (or an equivalent combination of Category A and/or Category C trees). 5. The applicant shall submit a revised Tree Preservation Plan prior to Final Subdivision approval that shows the correct placement of tree protection fencing required to protect the critical root zones of all preserved trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), shall be installed at She Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant traes/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division to 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. 7. All retaining walls shall be constructed outside the drainage and utility easements for the pond/wetland areas. 8. All erosiontsediment 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. 9. 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. 10. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 11. The proposed pipe draining to the easement area from the development shall be extended to the elevation of the existing 24 -inch pipe outlet elevation (--elevation 934.8). 12. On-site rate -control ponding for the development shall provide storage to contain the 100 -year storm event with a rate of runoff equal to the current pre -development conditions. 13. Stormwater runoff shall be treated on site via one constructed pond. The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. A cash dedication in lieu of on-site ponding shall be required for that portion of the site that does not drain to the pond. 14. The wetland delineation report for the site shall be explicitly accepted as submitted. 15. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota County and City standards as part of this development. 16. This development shall dedicate public right-of-way along Cliff Road (County Road 32) as required by Dakota County. 17. The entrance monument shall be eliminated or relocated. Alternatively, an agreement may be executed with the City that provides for location of the monument within the right-of-way and its maintenance. 18. This development shall be subject to a cash parks and trails dedication on the six new dwelling units. LONE OAK BUSINESS CAMPUS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) CITY OF EAGAN City Administrator Hedges introduced this item regarding an Environmental Assessment Worksbeet (EAW) for Lone Oak Business Campus. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councihnember Tilley seconded a motion to adopt a Negative Declaration on the need for a Lone Oak Business Campus Environmental Impact Statement (EIS) for the 85 acre property located north of Lone Oak Road and west of Inver Grove Heights in the SE 1/4 of Section 1. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. ADMINISTRATIVE AGENDA There were no items. Eagan City Council Meeting Minutes October 17, 2006 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councihnember Maguire moved, Councihnember Fields seconded a motion to adjourn the meeting at 7: 20 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative forst 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. 101� Agenda Information Memo November 9, 2006 Eagan City Council Meeting B. Item 1. Police Officers— ACTION TO BE CONSIDERED: To approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. Item 2. Resignation/Operations Supervisor/Campus Facilities— ACTION TO BE To accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. Item 3. Community Service Officer— ACTION TO BE To approve the hiring of a community service officer contingent upon successful completion of physical, drug and psychological testing. K Agenda Information Memo November 9, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 19, 2006, October 26, 2006 and November 2, 2006 as presented. ATTACHMENTS: • Check registers dated October 19, 2006, October 26, 2006 and November 2, 2006 are enclosed without page number. 14 Agenda Memo November 9, 2006 Regular City Council Meeting CONSENT AGENDA: D. Approve a resolution accepting a $825 donation from Home Depot for the Fire Department. ACTION TO BE To approve a resolution accepting a $825 donation from Home Depot. FACTS: • The Home Depot has made an $825 donation to the Fire Department for use in updating their Fire Safety Trailer. • The Eagan Fire Department.is requesting that these funds be applied towards buying construction items to repair/update the Fire Safety Trailer. • A thank you letter will be sent to Home Depot. ATTACHMENTS: �a . 1 I ,. . N ` W 19- EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CTPD OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 9, 2006, at 6:30 p.m. The following members were present: Carlson, Geagan, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Home Depot has offered to donate $825 for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Sam's Club Foundation for the gracious and generous donation. ADOPTED this 9t6 day of November, 2006. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member . and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Iq Consent Agenda Information Memo November 9, 2006 Eagan City Council Meeting CONSENT AGENDA: E. Acceptance of a $2,000 Walmart Foundation Grant ACTION TO BE CONSIDERED: To approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. FACTS: • Yearly, the Walmart Foundation makes a financial award to local police departments. • If accepted by Council, the money will be used to reimburse our Chaplain's for personal expenses they incur when called out, as well as some equipment needs that have been identified. • The funds will be deposited in the Police Department 2007 operating budget. ATTACHMENTS: None 1"7 Agenda Information Memo November 9, 2006 Eagan City Council Meeting F. ACCEPT RESIGNATION OF DEAN HAEHNEL FROM THE EAGAN AHtPORT RELATIONS COMMISSION ACTIONS TO BE To accept the resignation of Dean Haehnel from the Eagan Airport Relations Commission. FACTS: ➢ Eagan Airport Relations Commission (ARC) member Dean Haehnel regretfully informed staff that he will need to resign from the ARC due to new job responsibilities and family commitments. ➢ Mr. Haehnel expressed how much he enjoyed his time on the Commission and noted that he hopes to serve on a City Commission in the future when time allows. ➢ Mr. Haehnel's term on the ARC expires in April 2007, and thus his 3 -year term will be filled at that time. R Agenda Information Memo November 9, 2006, Eagan City Council Meeting G. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE . LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a fundraiser planned for January 27, 2007. The fundraiser is the seventh Annual Live and Silent Auction, which is being held to raise money for the operation of the school. ➢ The application form has been submitted and deemed.in order by staff.. ➢ FaithfW Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on pages a through At__. M[ 1 Where educational excellence and God'egi b are awakened. 3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org September 26, 2006 bear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 27, 2007. We are holding our seventh Annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds from the Auction will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. ■ The designated property of the event will be limited to the school grounds, which includes the school's building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. ■ No person. under the age of 21 will be sold or served alcoholic beverages. . ■ No person will sell or give alcohol beverages to an obviously intoxicated person. ■ All persons who consume, purchase, or possess an alcoholic beverage in _the licensed area will be issued and required to wear a wristband. Faithful Shepherd Catholic School and DI -Parish Center • Serving the parishes of St John Neumann, St Peter and St Thomas Becket aD (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) ■ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ■ No person selling alcohol shall be intoxicated during his or her work shift. ■ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. ■ Licensee will provide volunteer private security to monitor the licensed area. ■ Licensee will follow the designated hours listed in the City of Eagan procedures. ■ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the —hours of -sale. -The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651.406.4747. Thank you for your consideration. Respectfully submitted, Christine Edinger Director of Finance Faithful Shepherd Catholic School Agenda Information Memo November 9, 2006, Eagan City Council H. APPROVE 2007 CASCADE BAY USER RATES AND 2007 BUDGET ACTION TO BE CONSIDERED: To approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). FACTS: • At the September 14, 2006 Special City Council meeting the proposed 2007 Cascade Bay user rates and the 2007 Cascade Bay budget were presented and discussed. User fees support this enterprise fund budget and were last increased for the 2003 season. It was the consensus of the City Council as part of the 2007 budget discussions that the no further consideration be given to the potential repayment of the $1,000,000 construction advance from the CIF as part of the final budget approval. City records will reflect this action and the previous advance will be noted as a contribution from the CIF to the original construction financing for Cascade Bay. At the September 14f6 meeting staff was directed to bring this action back as a consent agenda item at a future meeting. • Final approval of the 2007 rates and budget is being requested at this meeting rather than in December to allow for publication of the new rates. Passes to Cascade Bay are a popular Christmas item and staff would like to prepare marketing materials and to advertise at this time. ATTACHMENTS: • Enclosed on page o - is a copy of the rate history from the opening of Cascade Bay and the proposed 2007 rates displayed by the various admission categories. • Enclosed on, page n!t is a copy of the summarized Cascade Bay revenues and expenses. Aa Cascade Bay Rate Comparison *to reflect sales tax $2.00 increase over 9 years = $.22 increase/yr or 3% annually 1999 2000 2001 2002 2003 2004 2005 2006 2007 proposed Daily Admission+,50• +,15 +.25 +1.00 > 42" 7.00 7.50 7.50 7.75 8.00 8:00 8.00 8.00 9.00 <42" 4.50 5.00 5.00 5,75 6.00 6.00 6.00 6.00 7.00 > 62 years 4.50 5.00 5.00 5.75 6.00 6.00 6.00 6.00 7.00 < 18 months free free free Free Free Free Free Free Free After 5 p Admission >42", 5.00 5.50 5.50 5.75 6.00 6.00 6.00 6.00 7.00 <42" 3.50 4.00 4.00 4.25 4.50 4.50 4.50 4.50 5.00 > 62 years 3.50 4.00 4.00 4.25 4.50 4.30 4.50 4.50 5.00 < 18 months Free free free Free Free Free Free Free Free Resident Season Passes +3.00 +1.00 +ZOO I" member 48.00 51.00 1 51.00 1 51.00 53.00 53.00 53.00 53.00 1 55.00 Add'] member> 42" 38.00 41.00 41.00 1 41.00 43.00 1 43.00 1 43.00 43.00 45.00 Add'I member <42" 25.00 27.00 27.00 127.00 29.00 29.00 1 29.00 29.00 31.00 Add'I member>62 yrs. 25.00 27.00 27.00 27.00 29.00 29.00 29.00 29.00 31.00 Add'I member < 18 mos Free Free Free Free Free Free Free Free Free Resident Passes -after 5 pm +3.00 +IAO +5.00 1 m -ember 40:00 43.00 43.00 43.00 45.00 45.00 45.00 45.00 50.00 Rarely urchased Add'] member> 42" 30.00 33.00 33.00 33.00 35.00 35.00 35.00 35.00 40.00 Add'I member <42" 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00 Add'I member>62 yrs. 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00 Add'I member < 18 mos Free Free Free Free Free Free Free Free Free Non -Resident Season Pass 1 member n/a n/a 1 61.00 61.00 63.00 1 63.00 63.00 63.00 65.00 Add'I member >42" n/a n/a 51.00 51.00 53.00 53.00 53.00 53.00 55.00 Add'] member <42" n/a n/a 37.00 37.00 39.00 39.00 39.00 39.00 41.00 Add'] member >62 yrs. n/a n/a 37.00 37.00 39.00' 39.00 39.00 39.00 41.00 Add'I member < 18 mos n/a n/a Free I Free Free Free Free Free Free Non -Resident Pass -after 5 pm 1 member n/a n/a 53.00 53.00 55.0055.00 55.00 55.00 60.00 Rarelypurchased Add'I member> 42" n/a n/a 43.00 43.00 45.00 45.00 45.00 45.00 50.00 Add'I member <42" n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00 Add'I member >62 yrs. n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00 Add'I member < 18 mos n/a n/a Free Free Free Free Free Free Free *to reflect sales tax $2.00 increase over 9 years = $.22 increase/yr or 3% annually 2007 Cascade Bey rev -W summary Aquatic Facility (Cascade Bay) Fund 2007 Budget Revenues, Expenses and Other Disbursements 1102006 O`7 2004 2005 •2006 2007 Revenues Actual Actual Buda et Budast Daily Admissions/Season Pass $ 558,307 $ 663,158 $ 785,000 $ 809,200 Group Sales 131,013 127,063 140,000 136,800 Concessions 168,957 222,328 220,000 211,000 Classes/ Camps 22,245 19,841 20,000 22,000 Merchandise Sales 3,549 14,403 4,000 6,100 Vending 909 3,172 1,200 1,400 Rental 4,473 7,345 5,000 5,000 Interest 15,751 13,887 - 20,000 Other (3,357) 1,113 Total Revenues $ 901,847 $ 1,072,310 $ 1,175,200 $ 1,211,500 Expenses Personal Services $ 440,573 $ 518,685 $ 539,700 $ 563,900 Parts & Supplies 63,808 366,166 69,500 89,400 Cost of Concession Sales 88,024 114,700. 112,000 91,100 Services & Other Charges 232,330 244,016 182,300 195,700 Capital Outlay --45,600 44,500 Sub -total Expenses 814,735 1,243,549,100 67 9 984,600 Reserve for Renewal/Replacement 64,600 64,600 64,600 64,600 Total Operating Expenses 879,335 1,308,167 1,013,700 1,049,200 Non-0oeratina Disbursements Debt Service Payments 158,882 160,202 161,500 162,300 Total Expenses/Non-Op Disbursements $ 1A3B,217 $ 1,468,369 $ 1,175,200 O`7 Agenda Information Memo November 9, 2006, Eagan City Council ACTION TO BE CONSIDERED: To approve the execution of release of regulatory agreement — Woodridge Apartments FACTS: In January of 1997 the City authorized'the issuance of $7,000,000 Multifamily Housing Revenue Refunding Bonds for the Woodridge. Apartments Project. The owner (Equity Residential) is in the process of paying off the bonds and selling the project unencumbered. The counsel for Equity Residential has opined that the regulatory agreement encumbering the project terminates upon redemption of the bonds per its express terms and would like to remove the regulatory agreement of record in connection with the redemption. Steve Rosholt of Faegre & Benson, the City's bond counsel, agrees with that conclusion and has no issues with the request. ATTACHMENTS: (None) Agenda Information Memo Eagan City Council Meeting Consent Agenda November 9, 2006 K. REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District FACTS: ➢ The Dakota County Environmental Services Office maintains a database of possible dump sites, sources of contamination and remediation alternatives of properties located in the County. The Environmental Services staff has worked with a number of cities to assist in the identification and sampling of environmental challenges found with public redevelopment projects and to advise with respect to remediation. The Environmental Services staff has approached the City offering to provide such services in the Cedar Grove Redevelopment Area. While the Phase I and Phase 11 Environmental Analyses for the Core Area and the Nicols Ridge subdivisions have been completed, the County staff can be available as the identified properties are demolished, excavated or improved to confirm environmental conditions or to analyze any new conditions that arise during construction. The County would work with the developer and the City to address remediation efforts for conditions that are identified. D The County will cover all County staff time for this service and there is no City financial responsibility for agreeing to coordinate activities in this way. ATTACHMENTS: ➢ Letter from Dakota County Environmental Management Division on page &wkonmenw Mumso em Bam c sdhade Direaw weacem Dalmse�da u %1, U C.ecar 14955 Gab)de Avcwe Apple Valley, MN 55124 95LW 1.7557 rax 952.891.7588 wwwx dakom us A MYamn}eYa pyo vAn3mipmmuu�vxa w[gvaP.a�wne,1G19t October 24, 2006 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1987 Re: Cedar Grove Redevelopment Project Dear Jon: . Thank you for taking the time to meet with Terry Muller, Cathy Undem.and me on Thursday'aftemoon, October 12. We appreciate the time that you and Mike Ridley were able to spend with us. We would like to work closely with the City and the Minnesota Pollution Control Agency to review all potentially contaminated sites that are part of the Cedar Grove Redevelopment Project and surrounding areas as this project moves forward.— We can help with the environmental review and sampling, as the opportunity arises. We have been involved in public projects in other cities in the County over the past three years, providing much of the costs of the environmental investigation. While much of the environmental work in the Cedar Grove area has been completed, we wish to work with you to find other ways where we may be of assistance. Also, Jon, we would like to be made aware of all other developments that may involve sites that have been impaired. Our goal is to repair damage that has been done, as.best as the conditions allow, by working with the developers to remove, remediate or contain contamination present. Any help that you, Mike, or your staff can give will be greatly appreciated. Thank you again for meeting with us and explaining your project. We look forward to assisting you in this. Since ly, Geo e Kinney /D OCT 2:6.2006 Mike Ridley, City of Eagan Patrice Jensen, MPCA OAEMGMT%SYM AM=MtPMJ0d3V0ed Gmw-CllyofEag WOWksdoc Agenda Information Memo November 9, 2006 Eagan City Council L. FINAL SUBDIVISION (OLDRE ADDITION) — HAFSTAD REALTY ACTION TO BE CONSIDERED: To approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE '/< of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved April 18, 2006. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page My Preliminary Plat and Grading Plan For: Gorlyn and Doris 01dre 2900 Skyline Drive Eagan, MN 55121 OLDRE ADDITION Lot 5 7 IF Lot I m' AbV/I N IbIIM P (IM N ra r Lot 5 N,INf ptr N P bp)I A .W n•M"Alf 14 rob <;=i Lot 6 1 � \ 1 1 1 � M M M"1'M p 4)N Plw Iq)y Ilb, -O.b NINA W1NIry ApNWs b. 4,I•pM ._ _ _ lil wl-bV4Ypp 41Y1b�tl,Y B01�. 4 ptlE � ' � r 1 � 1 1 � 1 � i Lot 6 Block 2 DEL OSH ADDI TION DELMAR H. SCHWANZ ygj LAND SURVEYORS, INC. _ !�"',_______________________________________________ 14655 SOutb Robert hall, /beeatoun4 !N 85069 i ' RECEIVED JUL 2 7 2006 . P0602 - Agenda Information Memo November 9, 2006 Eagan City Council M. FINAL SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19) — LARSON PROPERTIES ACTION TO BE CONSIDERED: To approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE'/a of Section 10. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved June 6, 2006. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page EAGANDA LE CENTER INDUS TR/AL PARK NO. 19 1� � � iniiin•wili.i i i ..,�ri'h' oml i _tia �a � t I I i� `C IY t Ia - rI:✓v;:ih-ilii. ==Y :�i:hii � `3��i i� �^a'C i `C y 1 I I L O T f dS I i I I o 66.565 SOFT 1 I � � � , C) , B_ A At l t LOT 2 4` I ,w —___— A T—_—_—______ , V r _ 1 v � ' I I 1 1 ends aornB.B "'e�wl, mus to rsuen[ i ,+„Isis_ I 79.621 SQ. FT. i . I.[ 1 � Mai tDEYI i mna seiYml r.A ,a s I.�-_ i _ r4----;-- I I ---------V.O.s.T._�(B_ZJ�_------J�,-- O 4 _________________ I '_____----------- __---- l a_ -------- _--------_____________ C _______4_ 1 S L.i I i R -4�Ia,YMe 4Ypi q-� >fl 1 I [,GMY[ 011P fRMII,hV M, ; al /I ; I ;1 a__ TA YP -tic`_% 1 Y 1� � � iniiin•wili.i i i ..,�ri'h' oml i _tia �a � t I I i� `C IY t Ia - rI:✓v;:ih-ilii. ==Y :�i:hii � `3��i i� �^a'C i `C y 1 I I L O T f dS I i I I o 66.565 SOFT 1 I � � � , C) , B_ .1 l t LOT 2 4` I ,w A ' I e i j i 79.621 SQ. FT. i I O .0 1 1 1 � Mill � a• 1 Ci a--- Xtro _.__ ,1 ,vo,a.w / 1ME NpIM L.E C! FLWanf CMIFR ,pa,pV1 PMt X6 B. a / a wsRsao ,o w ,m,r,rB. 0 AA s0® o °aOuvsxBY"ai,e• sIM Yox Pn uomm� at. BaaEO Snnde Land Surveying, LLC. tt B Im ocmrzs rau+o IlBaarxs RECEIVED AUG 0 9 2006 - Agenda Information Memo : November 9, 2006 Eagan City Council Meeting N. PROJECT 776, YANKEE DOODLE ROAD — HIGHWAY 149 TO EWER GROVE HEIGHTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension — Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. FACTS: • Project 776 provided for the extension of Yankee Doodle Road (Co. Rd. 28) as a 4 -lane divided roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. • The Dakota County Transportation Department was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any County road extension, all new trail installations, lateral storm sewer, and right-of-way acquisition. Also in accordance with the policy, the City is obligated for 100% of sanitary sewer and water main construction. • The City's policy for financing these obligations is to levy a special assessment against the adjacent properties benefiting from the improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under County Contract 28-15, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such benefiting properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are equal to the Fee Schedule rates contained in the feasibility report presented at the public hearing held on May 15, 2001. 3Q Agenda Information Memo November 9, 2006 Eagan City Council Meeting O. LOTS 1 & 2. BLOCK 1. SILICON GRAPHICS 1ST EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. FACTS: • On October 20, 2006, City staff received a petition from Jean Crosby of CSM Equities requesting the vacation of existing drainage and utility easements within Lots I and 2, Block 1, Silicon Graphics 1St Addition, at the southeast comer of the intersection of Lone Oak Parkway Road and Lone Oak Drive. • The drainage and utility easements were dedicated as part of the previous Silicon Graphics development for ponding and public utility purposes. • The petition is intended to coincide with the final subdivision approval process for CSM's Waters Annex development on this property. • On October 20, 2006, final subdivision submittal was made by CSM for Waters Annex. • Adequate replacement drainage & utility easements will be dedicated as part of the Waters Annex final plat. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties _ for comment prior to the scheduled public hearing. ATTACHMENTS: • LocationMap, pageg_. • Easement Vacation Exhibit, pag P� WTS INTERSTATE 494 Q M Proposed W Vacation LONE OAK ROAD wS TRUNK H No SSI IC9 z o I z p+ I I � YANKEE DOODLE ROAD I I A .y> Iy 'CZE �Q I I Silicon Grapics 1st Add. City of Earn Proposed Easement Vacation 11-1-06 Engfneedng Department Location Map 3 LEGEND EXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS 0 0 100 200 400 IVT SCALE IN FEET Agenda Information Memo November 9, 2006 Eagan City Council Meeting P. O°NEILL DRIVE — AUTHORIZE RELEASE FROM MNDOT ACTION TO BE CONSIDERED: Approve a resolution authorizing the release and transfer of jurisdictional authority for a portion of O'Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. FACTS: • O'Neill Drive is a two-lane urban roadway along the south side of I-494 that. extends from Highway 149 to the Inver Grove Heights border in northeast Eagan. The street was constructed in the mid -1980's as part of the construction of I-494 and with adjacent development. • All of O'Neill Drive lies within MnDOT right-of-way, but has been maintained by the — City of Eagan since its construction. The corporate bomrdary-between-Mendota Heights and Eagan is located on approximately the centerline of the roadway, with a portion within both cities. • Approval of this resolution would allow the release of control of the entire roadway to the City of Eagan, consistent with current maintenance operations. • Since the City of Mendota Heights does not have an interest in maintaining its portion of O'Neill Drive, it would be appropriate for the City Council to also authorize initiation of the annexation of the portion of O'Neill Drive property currently within Mendota Heights to the City of Eagan This action would be similar to the reverse annexation that occurred for that portion of 494 west of the I -35E junction in the late `80s. ATTACHMENTS: • Location Map, page. • O'Neill Drive Resolution, page. 30 MENDOTA HEIGHTS L1V � Area of O'Neill Drive to I C be Released to Eagan INTERSTATE 494 _ -- -------- -------- <0 TRUNK Fi O'Neill Drive - Release Map Exhibit "A" 11 W 11-1-06 RESOLUTION NO APPROVING AND ACCEPTING THE RELEASE OF A PORTION OF WNEILL DRIVE, LOCATED IN MENDOTA HEIGHTS, TO THE CITY OF EAGAN WHEREAS, the Minnesota Department of Transportation (Mn/DOT) is processing the request to release a frontage road to the City of Eagan. WHEREAS, the road is called O'Neill Drive (formerly Blue Gentian) and is located on the south side of I-494 lying between TH 149 (Dodd Road) and a point just West of CSAH 63 (Argenta Road), said point being the East line of Section 1, Township 27 North, Range 23 West. WHEREAS, most of said O'Neill Drive is located in the City of Eagan but there is approximately 2500 feet of O'Neill Road that is located in both the City of Eagan and the City of Mendota Heights. The road is split in the middle by the corporate boundaries of each city, as shown on the attached `Exhibit A'. WHEREAS, in order to preserve the continuity of the subject frontage road (O'Neill _ Drive) and to insure that the subject road will be maintained and operated by the City of Eagan, it is necessary that both the City of Mendota Heights and the City of Eagan agree and resolve to accept the release, facilitated by Mn/DOT, of the entire proposed portion of O'Neill Drive to the City of Eagan. BE IT RESOLVED, that the City of Eagan hereby authorizes and agrees to the release of that portion of O'Neill Drive,, located in Mendota Heights, as shown in yellow on the attached 'Exhibit A', to the City of Eagan. Adopted this 9`" day of November, 2006. CITY OF EAGAN CITY COUNCIL By: Pat Geagan, Mayor Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 9s' day of November, 2006, as disclosed by the records of said City in my possession. 39 Maria Peterson, City Clerk Agenda Information Memo November 9, 2006 Eagan City Council Meeting O. CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL - STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). FACTS: • Part of Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood under City Project No. 939. • On June 1 and August 16, City staff held neighborhood meetings to review and discuss the proposed improvements, potential construction impacts, proposed schedule, and needed easements for the project. Alternative designs (Alt. #3) were incorporated into the detailed plans for bid solicitation comparison to allow the Council to evaluate the cost implications of resident requested options. • All necessary easements have NOT been conveyed to allow this project to be awarded. • Another part of Contract 06-08 provides for the drainage improvements through the Sibley Terminal Industrial Park area near TH 13 and Terminal Drive in northwest Eagan under City Project 858. • On July 18, 2006, the City Council held a public hearing and approved Project 858. • All necessary easements have been acquired for this project. • Contract 06-08 also includes a maintenance improvement to the Fish Lake. outlet structure (Alternate Bid #1), and the installation of additional catch basins on Shawnee Road (Alternate Bid #2). • The bids for both these alternates significantly exceeded the Engineer's estimate and should be rejected and reconsidered under a future contract. CONTRACT AWARD ISSUES: • On October 3, when the City Council reviewed the bids, they concurred that Alternate Bids #1 and #2 should not be included under this contract award. • Alternate Bid #3 (North Ridge Dr) provides for the jacking/auguring of the proposed new stone sewer pipe between the existing homes at 3864 & 3868 North Ridge Dr. This alternate construction method would cost an extra $40,072. Adequate permanent utility easements currently exist to accommodate this new construction. However, additional temporary construction easements are needed to proceed with this method. • On October 3, 2006 after testimony from affected property owners, the City Council preliminarily indicated favorable consideration to award Alternate Bid #3 if all required easements were conveyed and then continued final action to the November 90' City Council meeting (or sooner) to allow for the dedication of the necessary temporary easements. Unfortunately, that hasn't happened to date and the bids expire prior to another Council meeting. • . If the bids are rejected, the various improvements that have all required easements will be repackaged and re -bid under another contract for construction n 2007. Project 939 (North Ridge) will not be reconsidered until all easements have been conveyed. Agenda Information Memo November 9, 2006 Eagan City Council Meeting R. LOT 1. BLOCK 1. CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2"d Addition, and schedule a public hearing to be held on December 4, 2006. FACTS: • On October 30, 2006, City staff received a complete petition from James Lennon, property owner, requesting the vacation of a portion of an existing drainage and utility easement within Lot 1, Block 1 Centennial Ridge 2"d Addition, at the southeast corner of the intersection of Diffley Road and Johnny Cake Ridge Road. • The drainage and utility easement was dedicated as part of the Centennial Ridge 2"d Addition plat for ponding and general utility purposes. • The purpose of the request is to allow the property owner to construct a monument sign within a small portion of the easement area, above the adjacent pond's high water level. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior.to the scheduled public hearing. ATTACHMENTS: • Location Map, page —4L. • Easement Vacation Exhibit, page Zb,. 4/0 City of Evan Engineering Departrnent Lena Court Proposed Easement Vacation Location Map 41 10-31-06 r%nl IA 1T%' ^r A TE7 Aim I Ilr"l IIAI A W Kin vV VIV.I I .: I n I L nn) rll%7 vv 1 14v. ..V n1rC1 ry In A n` i '--NE CORNER OF LOT 1 20.00 N89'41'00"E < 0 0 I `\\ _� O A I N \\\\ -MV& 938.0 O Z I U Nµt 936'0 _ `589'41'00"W — 20.00 <<k WAlrgg 3/e I r �� `y (` I s 20 10 0 20 Scale in Feet 11.60 S00'19'00"E WO I. 7 � L W 7 r ` W % ` PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that port the of drainage and utility easement lying over, under and across Lot 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on sold CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on on assumed bearing of South 00 degrees 19 minutes 00 -seconds East, along the east line of said Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 89 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of .20.00 feet; to the point of beginning Ta Agenda Information Memo November 9, 2006 Eagan City Council Meeting S. 800MHz COMMUNICATION SYSTEM — LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve a resolution authorizing the City to enter into a lease agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 17, 2005, the City Council passed a resolution to join the Metropolitan Regional 800MHz Radio Communications System. • Dakota County is now in the process of constructing the Countywide 800 MHz Public Safety Radio Communications Subsystem. This system is part of the Metropolitan Regional Public Safety system and will consist of 9 radio transmission locations, one of which is proposed for the Sperry Water Tower. • Staff from, Eagan, Dakota County, Apple Valley, Burnsville, I.G.Hts, Lakeville, and W. St. Paul Eagan have all agreed on the terms for a standard lease agreement which is being presented to the respective governing bodies for formal approval. The Dakota County Board of Commissioners approved the lease on August 22, 2006. • The lease runs for 25 years with 5 year renewable options and a termination clause subject to a 12 month notification by either party. By agreement from all communities involved, there will be no rent/revenue associated with this lease. • The City Administrator, Public Works Director and City Attorney have reviewed the terms of the lease and find it in order for favorable consideration by the Council. ATTACHMENTS: • Resolution, page. 43 CITYOF EAGAN RESOLUTION NO TO EXECUTE A LEASE AGREEMENT WITH DAKOTA COUNTY FOR USE OF CITY PROPERTY TO CONSTRUCT A RADIO COMMUNICATION SHELTER AND INSTALL AND OPERATE RADIO EQUIPMENT WHEREAS, by Resolution No. 05-28, dated May 17, 2005, the Eagan City Council authorized the City to join the Metropolitan Regional 800 MHz Radio Communications System; and WHEREAS, the Dakota County 800 MHz Radio Subsystem includes radio sites at the Cities of Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lakeville, and West Saint Paul; and WHEREAS, a critical component to the design configuration of the Dakota County 800 MHz Subsystem is the placement of radio sites; and WHEREAS, the County is financing and constructing the County 800 MHz Subsystem; and WHEREAS, the Eagan City Council must review and approve all leases before they can go into effect; and WHEREAS, the City of Eagan has promoted partnerships between units of government to facilitate the construction of the Dakota County 800 MHz Radio Subsystem; and WHEREAS, both the County and the City will mutually benefit from access to and use of an 800 MHz radio system. NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby authorizes the Mayor and City Clerk to execute a least agreement with Dakota County for the purpose of installing a radio shelter, antennas and equipment on City property for use by Dakota County to facilitate the construction of the Dakota County 800 MHz Radio Subsystem; and BE IT FURTHER RESOLVED, that the terms of the lease shall be in effect for the period of September 15, 2006 to September 14, 2031, with an option for additional five-year extensions upon agreement to renew by the County and the City by giving ninety (90) days written notice; and BE IT FURTHER RESOLVED, that the terms of the lease provide for termination of the lease subject to a 12 - month written notice by either party. Adopted this 9' day of November, 2006. CITY OF EAGAN CITY COUNCIL Un Pat Geagan, Mayor Attest: Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 90 day of November, 2006, as disclosed by the records of said City in my possession. Maria Peterson, City Clerk Agenda Memo Regular City Council Meeting November 9, 2006 CONSENT AGENDA: U. APPROVAL OF DESIGN CONTRACT FOR THRESHER FIELDS SERVICE BUILDING ACTION TO BE CONSIDERED: Approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. FACTS: • The construction of a service building, consisting of restrooms and storage space, at Thresher Fields Park was approved by the City Council in the 2007 CIP as part of an overall improvement plan for the Park. • Design services will include construction drawings, specifications, sufficient detailing for use by mechanical and electrical contractors, and construction inspections. • JAL has served as the architects for numerous other Eagan park buildings and helped develop the standard specifications and design pallet used in City park buildings. • The contract cost of $18,900 for design of the building is included in the overall budget for the improvement project, estimated at $350,000 and will be paid from the Park Site Fund. • City staff will serve as the Construction Manager on the project. Agenda Information Memo November 9, 2006 Eagan City Council Meeting V. APPROVE ASSESSMENT SETTLEMENT AGREEMENT PROJECT 874 (CINA) ACTION TO BE CONSIDERED: Approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary— Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 874 provided for the extension of sewer and water and construction of a frontage road stub along the north side of TH 55 to serve the future Gift of Mary development. On March 21, 2006, a Final Assessment Hearing was held for the two parcels owned by Mr. John Cina. Although Mr. Cina submitted a written objection, the Council adopted the assessment roll. Mr. Cina subsequently perfected his objection with a formal appeal to the District Court. As a result of this litigation, a settlement agreement has been reached to defer the full assessment amount ($77,128.72) with interest until future sale, transfer, subdivision, platting, other development of the affected parcels or 12-31-30, whichever occurs first. ISSUES: • Since this assessment appeal is still active litigation until the agreement is approved and executed by the City, any discussions or questions should be directed to a closed session. 0 Agenda Information Memo November 9, 2006 Eagan City Council Meeting W. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ For public health and safety reasons, staff believes it, would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over T tall). ➢ In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. ➢ Additionally, permanent signs are installed without the benefit of a Sign Permit a few times a year. Similar to work done without a Building Permit, staff believes it would be appropriate to charge a double Sign Permit fee in those instances. ➢ City staff believes the double fee is warranted to discourage the installation of permanent signage with out first allowing staffs review, approval and permit issuance. ➢ This would be an amendment to Chapter 11 which will require a Public Hearing to be held by the APC before rehmming to the Council for formal action ATTACHMENTS: None P Agenda Information Memo November 9, 2006, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. ➢ At the October 3 City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. ➢ The City does not charge residents or businesses for the fust three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has ten delinquent false alarm bills. The assessable amount of these bills is $1,570. These items are in order for certification to the County: ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments.. ATTACHMENTS (1): Proposed assessment roll on page. 0. Delinquent False Alarm Bills Property ID Outstanding Dollar Amount 1045703-010-01 $135.00 10-53790-020-02 $135.00 10-83475-070-01 $135.00 10-22515-020-01 $135.00 10-15550-010-01 $135.00 10-22502-370-05 $135.00 10-49600-010-01 $135.00 10-77055-011-01 $135.00 10-75300-020-01 $355.00 10-54200-010-02 $135.00 Total 1$1,570 49 Agenda Information Memo November 9, 2006, Eagan City Council Meeting B. CERTIFICATION OF DELINOUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: . To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. ➢ At the October 3 City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. ➢ A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ The City currently has six delinquent weed cutting bills. The assessable amount of these bills is $1,751.88. These items are in order for certification to the County. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 5) --- so Delinquent Weed Cutting Bills Property ID Outstanding Dollar Amount 10-48050-070-02 $168.94 10-22504-010-01 $458.88 10-17400-081-01 $168.94 10-20960-020-03 $669.96 10-16701-070-02 $168.94 10-31500-010-02 $116.22 Total 1 $1,751.88 S1 Agenda Information Memo November 9, 2006 Eagan City Council Meeting PUBLIC HEARINGS C. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the October 3rd City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. • The City currently has approximately 526 utility bill accounts with delinquent payments. The assessable amount of these accounts is $101,355.89. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages through 7,,�—. 5a REPORT SORTR BY PID ACCOUNT -NUMBER ---------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS 3650240902 100030001077 79.06 AC 3550550202 100030002077 50.32 AC 3550780501 100080003175 19.20 AC 3550570001 100120003002 16.81 AC 2440641501 100160001379 153.05 AC 2390010303 100200004177 179.54 AC 2550070303 100200007075 108.39 AC 1550180201 100250002327 18.81 AC 2390060802 101190005001 80.27 AC 1310300702 101230004003 104.75 AC 1312250202 101230101003 158.54 AC 1181380502 101350006009 91.57 AC 1180080203 101350016001 45.02 .AC 1283830606 101375001002 231.55 AC 1283870202 101375005002 264.11 _ AC 1283690403 101375021004 .190,20 AC 1283430502 101375022002 72.62 AC 2471268901 101380005001 184.64 AC 2444070302 101417507002 32.27 AC 2443090203 101417511001 173.41 AC 2564920301 101432513002 330.77 AC 2440440202 101438003001 69.32 AC 2411600604 101438702001 84.14 AC 2411850701 101438705002, 103.30 AC 2412300202 101439506002 32.27 AC 3826180601 101460002001 527.48 AC 3826181401 101460002001 34.24 AC ASSESS -AMT 104.06 75.32- 44.20 41.81 178.05 204.54 133.39 43.81 105.27 129.75 183.54 116.57 70.02 256.55 289.11 215.20 97.62 209.64 57.27 198.41 355.77 94.32 109.14 128.30 57.27 552.48 59.24 02-NOV-2006 (09:12) --page 1 of 20 REPORT SORTED BY PID ACCOUNT -NUMBER ------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1310110002 101480103002 38.14 AC 63.14 1310060705 101480106001 119.45 AC 144.45 2500040707 101499004001 .93 AC 25.93 2500130605 101499013001 41.41 AC 66.41 2501260002 101499301002 112.46 AC 137.46 2501440806 101499312001 48.99 AC 73.99 2501480406 101499316001 69.54 AC 94.54 3761100101 101499601010 163.72 AC 188.72 3761530901 101499610015 60.83 AC 85.83 1190951201 101500001002 102.65 AC 127.65 1190110504 101500307001 128.69 AC 153.69 1190705203 101500402002 82.01 AC 107.01. 3670140704 101550012004 22.99 AC 47.99 3672310402 101550107001 64.17 AC 89.17 3672550501 101550114003 127.45 AC 152.45 3671270103 101550138002 162.39 AC 187.39 3660420502 101560009000 167.91. AC 192.91 3611520204 101630003001 39.64 AC 64.64 3611530104 101630004001 90.93 AC 115.93 3611770306 101630028001 49.76 AC 74.76 1260120904 101660001201 117.60 AC 142.60 1260710704 101660009005 111.02 AC 136.02 1260580404 101660010002 99.58 AC 124.58 1260180306_ 101660103201 128.19 AC 153.19 1260810503 101660202001 26.95 AC 51.95 1261120806 101660202102 191.08 AC 216.08 1260830306 101660204001 185.38 - AC 210.38 02-NOV-2006 (09:12) page 2 of 20 REPORT SORT RvBY PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------------- 1260880802 101660209001 136.52 AC 161.52 1260940006 101660211202 59.15 AC 84.15 1260920205 101660212102 167.63 AC 192.63 2330090802 101665003001 133.16 AC 158.16 2330080902 101665004001 55.01 AC 80.01 2310130601 101670003002 50.46 AC 75.46 2310340104 101670005001 221.74 AC 246.74 2311200602 101670008006 239.75 AC 264.75 2310930906 101670009005 46.29 AC 71.29 2311390505 101670013006 198.29 AC 223.29 2310510902 101670020002 12.87 AC 37.87 2311290701 101670025005 87.72 AC 112.72 2311240204 101670030005 174.51 AC 199.51 1040050501 101670102001 96.23 AC 121.23 1031250203 101670102004 220.04 AC 245.04 1030950805 101670105002 106.91 AC 131.91 1030330304 101670106005 158.32 AC 183.32 1040450702 - 101670109001 126.40 AC 151.40 1031110803 101670116004 47.42 AC 72.42 1020660505 101670119007 124.75 AC 149.75 1010010505 101670119108. - 250.84 AC 275.84 1040250104' 101670129001 168.11 AC 193.11 1020550801 101670130007 151.46 AC 176.46 1020540903 101670131007 125.42 AC 150.42 2320640201 101670201003 1.49 AC 26.49 2330760602 101670201007 127.68 AC 152.68 2330190605 101670203001 44.71 AC 69.71 02-NOV-2006 (09.:12?"page 3 of 20 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 4 of 20 ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID ANT -OPEN ACCOUNT -STATUS ASSESS -AMT 2330260705 101670203005 109.47 AC 134.47 2330660801 101670211007 35.41 AC 60.41 2320810102 101670215004 148.24 AC 173.24 2321130303 101670220002 80.16 AC 105.16 - 2330410805 101670224008 145.41 AC 170.41 2330360504 101670228008 .63 AC 25.63 2330490003 101670234008- 105.81 AC 130.81 2330580803. 101670243008 137.50 AC 162.50 1041040503 101670301003 101.10 AC 126.10 1041110604 101670304002 84.86 AC 109.86 1010560902 101670305008 229.57 AC 254.57 1020120003 101670308004 163.49 AC 188.49 1010960102 101670309005 169.46 AC 194.46 1010510404 101670310008 215.89 AC 240.89 1040940701 101670311003 133.99 AC 158.99 1010240801 101670317007 66.95 AC 91.95 1010690405 101670337008 .95 AC 25.95 2360730206 101670401008 147.84 AC 172.84 2360130507 101670403007 120.15 AC 145.15 2350900303 101670403012 270.18 AC 295.18 2350740301 101670405005 91.07 AC 116.07 2350850006 101670407012 51.87 AC 76.87 2350930003 101670408011 179.70 AC 204.70 2350780905 101670409005 200.47 AC 225.47 2350870803 101670409012 160.33 AC 185.33 2350560502 101670411004 219.52 AC 244.52 2380360401 101670412010 73.23 AC 98.23 REPORT SORTI�,'SY PID ACCOUNT -NUMBER PID 2350990404 101670414011 2350270102 101670415013 2330950304 101670416002 2360160207 101670425007 2370580904 101670540006 2370440602 101670554006 2390680305 101670601009 2390930205 101670602008 2390960904 101670605008 2390980703 101670607008 2391040905 101670613008 2380880104 101670614002 2380670604 101670616001 2390860101 101670619009 2380600303 101670623001 2381060902 101670632002 2390530003 101670637005 2410830004 101670703005 2410280804 101670704009 2410400204 101670724010 2360980307 101670808001 2371240903 101671107003 2371020504 101671111001 3831100701 101705010001 3831150201 101705015001 1130320308 101710001104 1210440203 101715009003 02-NOV-2006 (09:12.) ­"page 5 of 20 AMT -OPEN ACCOUNT -STATUS "ASSESS-AMT ---------------------------------------------------------------------------------------------- 83.29 AC 108.29 84.10 AC 109.10 64.47 AC 89.47 64.73 AC 89.73 -62.38 AC 87.38 94.60 AC 119.60 334.93 AC 359.93 94.19 AC 119.19 65.48 AC 90.48 223.46 AC 248.46 5.88 AC 30.88 337.27 AC 362.27 40.01 AC 65.01 2.26 AC 27.26 142.63 AC 167.63 129.95 AC 154.95 20.42 AC 45.42 167.05 AC 192.05 38.35 AC 63.35 135.03 AC 160.03 80.92 AC 105.92 60.09 AC 85.09 46.31 AC 71.31 70.57 AC _95.57 163.14 AC 188.14 209.42 AC 234.42 313.97 AC 338.97 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 6 of 20 ACCOUNT-NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID. AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 1210420405 101715011003 215.30 AC 240.30 1210110103 101715026002 .175.24 AC 200.24 1210070704 101715030002 _ 179.77 AC 204.77 . 1211010204 101715309001 187.59 AC 212.59 1211070605 101715315001 186.60 AC 211.60 1262130603 101740004002 178.89 AC 203.89 1262310401 101740008201 148.42 AC 173.42 1261350106 101740016000 94.28 AC 119.28 1261810407 101740016800 129.56 AC 154.56 1261490503 101740018400 108.21 AC 133.21 1261570405 101740019100 53.66 AC 78.66 1261610808 101740019800 28.10 AC 53.10 1261650406 101740020000 117.82 AC 142.82 1263160202 101740202104 240.89 AC 265.89 1262700608 101740202203 25.59 AC 50.59 1262660206 101740204103 38.33 AC 63.33 1262840005 101740206102 231.74 AC 256.74 1262600805 101740207203 65.43 AC 90.43 1262540602 101740227002 315.32 AC 340.32 1263266704 101740303201 _ 117.26 AC 142.26 1263285704 101740404201 152.20 AC 177.20 1263287307 101740405201 152.54 AC 177.54 1263296406 101740501201 50.79 AC 75.79 1160210906 101775003002 85.45 AC 110.45 3614040803 101807506001 48.17 AC 73.17 3611284503 101815002008 188.35 AC 213.35 3611258901 101815004002 175.82 AC 200.82 REPORT QORTErr'BY PID ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 3612050903 101815102004 53.72 3750140004 101827507002 70.17 3630790804 101830005101 207.87 3631360903 101830006009 185.53 3824740901 101840313003 - 31.67 3831810101 101847531001 44.64 2490460901 101870020001 117.99 2531020205 101910004003 341.65 2531098802 101910104002 147.98 3771980402 101970003002 166.89 2563310802 102045101003 67.93 1327980701 102050006001 47.86 1550860901 102090004003 34.84 2433730502 102150003003 87.90 24605206030 102190008002 161.59 2460410003 102190011002 111.06 2572050902 102242704002 34.46 3832850601 102250318102 13387.43 3828240602 102253401001 262.34 1290400903 102275001002 131.08 1291050105 102275008003 175.73 1290550103 102275014001 58.22 1290290409 '102275014002 - 75.33 1290630102 102275021001 137.28 . 1291300002 .102275030002 187.01 1291230903 102275037002 30.29 .2530500406 102390025003 272.57 ACCOUNT -STATUS ASSESS -AMT AC 78.72 AC 95.17 AC 232.87 AC 210.53 AC 62.67 AC 69.64 AC 142.99 AC 366.65 AC 172.98 AC 191.89 AC 92.93 AC 72.86_ AC 59.84 AC 112.90 AC 186.59 AC 136.06 AC 59.46 AC 13412.43 AC 287.34 AC 156.08 AC 200.73 AC 83.22 AC 100.33 AC 162.28 AC 212.01 AC 55.29 AC 297.57 02'-NOV-2006 (09:12)` Page 7 of.20 REPORT SORTED BY PID ACCOUNT -NUMBER --------------------------- PID 1302320501 102560013003 1303020002 102560103004 1224270702 102580001006 1223920801 102580011102 1223880401 102580015002 1226580703 102580101002 2571690902 102737504001 3828910401 102880214001 2572470902 103097605002 2572580501 103097616002 2510850705 103190011004 2510280703 103190014001 2510210403 103190021002 62.94 197.05 3660740603 Q 103200001000 .51 AC 1315450502 103215124002 1315530401 103215132002 1315590801 103215138002 1060110202 103230011000 2391700805 103295103003 2391940003 103295104009 2392110907 103295204010 2392050704 103295206008 3680080303 103299008001 3682220302 103299034007 2470400904 103300026005 2440840302 103310001001 1551060502 103325001001 02-NOV-2006 (09:12) page 8 of 20 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 16.74 AC 41.74 - 147.07 AC 172.07 187.37 AC 212.37 153.27 AC 178.27 179.66 AC 204.66 385.17 AC 410.17 210.65 AC 235.65 289.82 AC 314.82 178.83 AC 203.83 37.94 AC 62.94 197.05 AC 222.05 .51 AC 25.51 211.90 AC 236.90 99.06 AC 124.06 80.07 AC 105.07 117.71 AC 142.71 173.91 AC 198.91 72.05 AC 97.05 105.46 AC 130.46 98.95 AC 123.95 . 61:02 AC 86.02 28.40 AC 53.40' 161.45 AC 186.45 115.02 AC 140.02 411.39 AC 436.39 107.29 AC 132.29 490.35 AC 515.35 REPORT-SORTI-BY PID ACCOUNT -NUMBER PID --------------------- 02-NOV-2006 (09:12) --page 9 of 20 AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------- 1230680901 103980007002 58.48 AC 83.48 1230130504 103980101004 25.82 AC 50.82 1230370701 103980101010 70.73 AC 95.73 1230410102 103980101011 137.42 AC 162.42 1231020705 103980204004 249.25 AC 274.25 1231800202 103980302010 62.62 AC 87.62 1231450603 103980303001 61.29 AC 86.29 1231740006 103980304009 215..28 AC 240.28 1231648504 103980403003 147.98 AC 172.98 1231643601 103980404001 54.87 AC 79.87 3610710004 104130005001 53.45 AC 78.45 3661180401 104190006001 243.45 AC 268.45 2446590802 104200110001 2.13 AC 27.13 2567270001 104205008001 186.07 AC 211.07 2567650302 ^ 104205102002 370.25 AC 395.25 3630950803 104330001001 190.32 AC 215.32 1240340803 104420002001 248.25 AC 273.25 1220520902 104430001002 294.96 AC 319.96 3643460303 104465003002 126.10 AC 151.10 3643250803 104465127001 94.66 AC 119.66 3643050201 104465157001 48.03 AC 73.03 3610340604 104490010401 24.46 AC 49.46 3701250706 104506002003 83.32 AC 108.32 3701890004 104506005009 215.10 AC 240.10 3701900706 104506006009 66.18 AC 91.18 3701740701 104506008002 164.69 AC 189.69 1242710001 104507004003 59.44 AC 84.44 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 10 of 20 ACCOUNT -NUMBER ---------------------------------------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1242950204 104507005002 122.39 AC 147.39 - 1243010402 104507101002 184.40 AC 209.40 1243700003 104507205004 170.78 AC 195.78 3770690006 104507501006 34.12 AC 59.12 3770800502 104507526001 254.14 AC 279.14 3780810201 104507801005 87.60 AC 112.60 3781820002 104507902001 80.91 AC 105.91 3781610504 104507902002 161.51 AC 186.51 3780890401 104508005001 131.93 AC' 156.93 3780040603 104508010004 57.48 AC 82.48 3780200601 104508026002 103.98 AC 128.98 1246200802 104509010002 254.74 AC 279.74 1314760801 104509301001 143.94 AC 168.94 1314810102 r+ bo 104509306001 - 72.01 AC 97.01 1317990801 /104509411001 104509407002 211.33 AC 236.33 1317860301 303.11 AC 328.11 1322000901 104509603001 249.27 AC 274.27 1328540801 104515001001 27.59 AC 52.59 1111740501 104725114001 297.65 AC 322.65 1111590401 104725129001 236.18 AC 261.18 1320840001 104725316001 177.43 AC 202.43 1321150301 104725347001 199.49 AC 224.49 1162240403 104727502002 42.05 AC 67.05 1310950902 104727701002 96.80 AC 121.80 3650900805 104775004003 311.16 AC 336.16 3650620205 104775006002 161.88 AC 186.88 3650570902 104775011002 164.88 AC 189.88 REPORT SORTEvBY PID ACCOUNT -NUMBER PID -------------------------- 3650750703 3651230902 3651260601 3610500503 1170340205 1170080404 1170160403 1170180201 1171430002 1171400302 1171390605 1170750203 2569670902 2573100101 1222250103'e;1 1222330104 V" 1221570305 1221540604 1222420006 1221271804 1242330704 1264231001 2569380501 2550550401 1321630404 1213450808 1213500006 104775023002 104775208001 104775210002 104800010001 104805001001 104805003501 104805008201 104805008401 104805009201 104805009501 104805009601 104805015002 104950213001 105090004004 105210010005 105210016004 105210018002 105210021002 105210025004 105210035002 105210109002 105220003001 105376305005 105376420003 105377504001 105380102102 105380104202. 02-NOV-2006 (09:12) -¢age 11 of 20 AMT -OPEN -------------------------------------------------------------------------------------------- ACCOUNT -STATUS ASSESS-AMT - ------ 135.31 AC 160.31 127.35 AC 152.35 78.11 AC 103.11 179.98 AC 204.98 4.41 AC 29.41 138.36 AC 163.36 74.21 AC 99.21 92.33 AC 117.33 100.97 AC 125.97 196.96 AC 221.96 ' 105.38 AC 130.38 121.06 AC 146.06 27.25 AC 52.25 74.98 AC 99.98 71.55 AC 96.55 78.34 AC 103.34 158.25 AC 183.25 129.78 AC 154.78 41.93 AC 66.93 531.82 AC 556.82 124.03 AC 149.03 157.70 AC 182.70 121.78 AC 146.78 620.48 AC 645.48 90.13 AC 115.13 ' 171.61 AC 196.61 156.56 AC 181.56 REPORT SORTED BY PID ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 1213290803 105380109101 115.81 1213340105 105380111101 200.06 1213330203 105380111201 228.31 1213350006 105380112201 57.48 1323790404 105380200202 81.49 1323770602 105380200402 136.93 1221050605 105615006001 212.47 1221150402 105615006002 93.05 1228067303 105615105003 510.56 1220350102 105621006002 143.52 1300210001 105670002003 100.01 1301560703 105670102003 98.82 1282680601 105675001002 256.62 1282720002 105675001004 140.77 1282230002 105675001006 199.58 1282700201 105675003004 96.86 .1283110303 105675005002 229.14 1551140502 105710001001 43.17 2432270302 105750311102 114.66 2432510203 105750312003 58.29 2432220803 105750316002 78.57 2432450107 105750318003 195.06 1319200001 105769003005 234.11 1319010302 105769004002 133.28 3640710401 106270002001 197.58 1202840301 106275003104 143.57 2550040602 106300002001 47.75 ACCOUNT -STATUS ASSESS -AMT ---------------------------- AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC 140.81 225.06 253.31 82.48 106.49 161.93 237.47 118.05 535.56 168.52 125.01 123.82 281.62 165.77 224.58 121.86 254.14 68.17 139.66 83.29 103.57 220.06 259.11 158.28 222.58 168.57 72.75 .. 02-NOV-2006 (09:12) page 12 of 20 REPORT SORTIsx SY PID ACCOUNT -NUMBER ---------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS 1270160301 106398004002 210.69 AC 1270870703 106398004008 201.21 AC 1270090205 106398009001 112.62 AC 1280280706 106398103008 139.80 AC 1280110606 106398104002 127.49 AC 1280560206 106398203009 2.34 AC 1280990103 106398301002 51.52 AC 1281370503 106398301012 192.41 AC 1281010706 106398303005 129.91 AC 1281830802 106398402010 50.18 AC 2341560701 106400005001 246.76 AC 3620260402 106420001000 82.58 AC 3620280204 106500001000 107.30 AC 1220130703 106580006003 '149.37 AC 1310740401 [q�_ 106585117001 171.08 AC 1318640802( n " J 106587020001 264.33 AC 2480530106 106590012001 135.95 AC 2483070502 106590507002 133.08 AC 2560210301 106767005002 89.80 AC 2560060202 106767006003 78.70 AC 2560530403 106767027001 94.29 AC 3550030503 106805001102 159.19 AC 2550260001 106870104000 25.93 AC 1162266903 107120005003 64.17 AC 1323590805 107130001001 62.75 AC 3711540903 107250006004 138.87 AC 3711690204 107250006005 341.35 AC 02-NOV-2006 (09,12) --page 13 of 20 ASSESS-AMT ------------------------------------------------------------------- 235.69 226.21 137.62 164.80 152.49 27.34 76.52 217.41 154.91, 75.18 271.76 107.58 132.30 174.37 196.08 289.33 160.95 158.08 114.80 103.70 119.29 184.19 50.93 89.17 87.75 163.87 366.35 REPORT SORTED BY PID ACCOUNT -NUMBER PID AMT -OPEN 'ACCOUNT-STATUS ---------------------------------------------------------------- 02-NOV-2006 (09:12) page 14 of 20 ASSESS-AMT ----------------------------------------------------------------- 3711640702 107250011005 - 89.39 AC 114.39 3711410503 107250019006 90.93 AC 115.93 3710850303 107250021003 138.79 AC 163.79 3710330602 107250023002 114.37 AC 139.37 3710290204 107250025004 126.36 AC 151.36 2520230002 107260009003 47.53 AC 72.53 2522290202 107260107003 71.17 AC 96.17 1171600806 107297501207 63.66 AC 88.66 1171730306 107297505201 84.26 AC 109.26 1171980402 107297506002 123.51 AC 148.51 1173240105 107297613006 82.19 AC 107.19 1174390304 107297704201 181.06 AC 206.06 1174280606 107297815002 130.88 AC 155.88 3790640101 107298305001 18.88 AC 43.88 1222830005 107298502001 34.06 AC 59.06 1222940705 107298506002 231.95 AC 256.95 1223380503 107298802004 306.63 AC 331.63 1224730004 107299605001 87.41 AC 112.41 2420500708 107300001016 138.84 AC 163.84 2420740904 107300004006 58.51 AC 83.51 2420480205 107300004018 27.25 AC 52.25 2420440606 107300005019 139.93 AC 164.93 2420230109 107300006004 58.51 AC 83.51 2420520506 107300006015 60.79 AC 85.79 2420400006 107300006020 148.19 AC 113.19 2421090808 107300101014 170.81 AC 195.81 2421080901 107300104014 139.20 AC 164.20 REPORT SORThxr Y PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------- 2421230002 107300108007 18.51 AC 43.51 2421650905 107300402002 153.18 AC 178.18 2421460302 107300501001 86.76 AC 111.76 2421570901 107300604006 301.93 AC 326.93 3826210101 107510101001 124.89 AC 149.89 1202220804 107585202001 257.97 AC 282.97 1202280203 107585207102 175.49 AC 200.49 1253060602 107586541002 182.03 AC 207.03 3801070805 107587819001 443.82 AC 468.82 1250500406 107595003003 188.47 AC 213.47 1251590404 107595120001 59.35 AC 84.35 1251100204 107595137002 41.48 AC 66.48 1257660901 107610013002 26.85 AC 51.85 2430560903 107650002005 67.94 AC 92.94 2430340604 107650103002 182.44 AC 207.44 2431000509 107650201008 34.43 AC 59.43 2430860302 107650201011 35.25 AC 60.25 2431890903 107650202006 49.10 AC 74.10 2431020301 107650203008 140.37 AC 165.37 2431010403 107650204008 161.73 AC 186.73 2430910601 107650204010 50.22 AC 75.22 2431690305 107650302007 79.45 AC 104.45 " 2431850305 107650302010 186.40 AC 211.40 2431420506 "107650303001 61.20 AC 86.20 2431820604 107650304009 143.00 AC 168.00 2431870102 107650304010 .97 AC 25.97 2431280303 107650304015 209.79 AC 234.79 02-NOV-2006 (09:12) -page 15 of 20 " REPORT SORTED BY PID _ ACCOUNT -NUMBER -------------------------------------- PID AMT -OPEN ------------------------- ACCOUNT -STATUS 2440317201 107705402001 69.18 AC 2440321401 107705402001 257.28 AC 2440322201 107705702001 233.98 AC 2440315601 107705703001 21.06 AC 2440316401 107705704001 837.93 AC 2401100908 107710001003 157.99 AC 2400480608 107710001011 48.91 AC 2401090203 107710002003 108.53 AC 2401020904 107710002005 99.95 AC 2401250206 107710002008 156.81 AC 2401330204 107710002009 51.34 AC 2401040704 107710003005 143.78 AC 2400700704 107710003013 157.90 AC 2400990406 107710004004 166.76 AC 2401270003 107710004008 126.38 AC 2400540703 107710005010 341.41 AC 3630010102 Co�) 107725002000 69.43 AC 1300390002 107820002005 216.83 AC 1300440302 107820006003 179.49 AC 3630520902 108140002001 41.15 AC 3630400403 108140008004 116.27 AC 1201370205 108195005205 149.63 AC 1200820707 108195007001 232.61 AC 1200730802 108195016001 201.67 AC 1300770302 108330006002 64.17 AC 2572370102 108347507001 223.32 AC 1212180201 108355001004 182.19 AC ASSESS -AMT 94.18 282.28 258.98 46.06 862.93 182.99 73.91 133.53 124.95 181.81 76.34 168.78 182.90 191.76 151.38 366.41 94.43 241.83 204.49 66.15 141.27 174.63 257.61 226.67 89.17 248.32 207.19 02.-NOV-2006 (09:12) page 16 of 20 REPORT SORTh"IBY PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ----------------------------------------------------------------------------- 1211810505 108355003003 93.56 AC 118.56 1212270102 108355004005 171.56 AC 196.56 1212450904 108355010001 486.22 AC 511.22 3700570903 108360202201 64.17 AC 89.17 3827300902 108360203101 165.83 AC - 190.83 3700590703 108360203201 213.47 AC 238.47 3700710107 108361111001 493.55 AC 518.55 3700440504 108361204501 1080.86 AC 1105.86 2451180003 108365005105 122.70 AC 147.70 2456180503 108365205001 1.56 AC 26.56 2452130403 108365302004 252.65 AC 277.65 3822460604 108373003001 70.87 AC 95.87 1316260702 108385132001 115.81 AC 140.81 1264750903 108395101001 98:17 AC 123.17 1264570102 108395204002 114.28 AC 139.28 1264530504 108395208002 278.07' AC 303.07 1091470301.0 108425001001 133.10 AC 158.10 1091090903 108425008004 215.90 AC 240.90 1091050304 108425020001 275.61 AC 300.61 1150010503 108425116001 267.20 AC - 292.20 1150750604 108425205002 267.93 AC 292.93 1083340803 108421506002 263.60 AC. 288.60 1070100103 108435101001 92.84 AC 117.84 1070120904 108435103001 98.59 AC 123.59 1070450001 108435127002 149.33 AC 174.33 1070670305 108435302003 295.71 AC 320.71 1071220602 108435305006 119.75 AC 144.75 02-NOV-2006 (09:12)'-15age 17 of 20 --------------------------------------------- REPORT SORTED BY PID 159.70 ' ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 1090070201 108435408001 134.70 1090080104 108435409001 70.87 1090360704 108435410003 54.14 1090510702 108435417003 193.59 1140570101 108435507005 75.46 1140571901 108435507005 89.04 1140500803 108435518003 157.50 3823740005 108437515001 51.56 3720651304 108442103001 346.90 2433390803 108446011001 .129.68 2433380902 108446012001 323.66 2433360106 108446018003 64.07 2432920302 108446109001 1.90 3690010803 108447014001 104.14 3691700312 108447202003 237.00 AC 295.22 AC 1050380303 O 108460001004 113.56 .1050300103 108460005006 68.13 1051470110 108460006001 131.19 1050980002 108460018002 1.51 1050620205 108460019003 74.53 1051240804 108460023001 122.76 1050850504 108460027002 123.94 1100590705 108460105001 131.99 1100550105 108460108001 104.68 1100130208 108460108007 138.32 1100520408 108460111001 270.22 1101060006 108460204004 68.09 02-NOV-2006 (09:12) page 18 of 20 . ACCOUNT -STATUS ASSESS -AMT AC 159.70 ' AC -95.87 AC 79.14 AC 218.59 AC 100.46 AC 114.04 AC 182.50 AC 76.56 AC 371.90 AC 154.68 AC 348.66 AC 89.07 AC 26.90 AC 129.14 AC 262.00 AC 138.56 - AC 93.13 AC 156.19 AC 26.51 AC 99.53 AC 147.76 AC 148.94 AC 156.99 AC 129.68 AC 163.32 AC 295.22 AC 93.09 REPORT SOR7;h r -BY PID ACCOUNT -NUMBER -------------------- AMT -OPEN 1111080603 1084 1110090602 1084 1326470001 1084 2570950202 1084 2411860601 1014 2501030709 1014 2501080203 1014 1030140603 1016 1030930005 1016 1010900703 1016 .2351010003 1016 1262700607 1017 1263110705 1017 1290610302 1022 2567590102 ;1031 2391770103 ,,� 1032 2392070505 1032 3702000505 1045 3770340207 1045 3770830203 1045 1170870806 1048 1170590202 1048 2572990601 1050 2570390603 1053 1221060503 1056 1270430002 1063 2480760404 1065 PID ------------------------------------------------------------------------ AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 60232001 15.49 AC 40.49 60233003 140.06 AC 165.06 65003001 106.23 AC 131.23 90023001 1.04 AC 26.04 38704002 93.88 CB 118.88 99351001 136.85 CB 161.65 99356001 32.79 CB 57.79 70105006 114.01 CB 139.01 70107002 1004.91 CB 1029.91 70316008 400.56 CB 425.56 ' 70402.011 26.15 CB 51.15 40202203 34.10 CB 59.10 40204104 130.67 CB 155.67 75020001 125.93 CB 150.93 50001002 132.22 CB 157.22 95102005 146.87 CB 171.87 95204008 72.17 CB 97.17 06004008 498.65 CB 523.65 07504001 147.77 CB 172.77 07523001 132.45 CB 157.45 05005301 12.24 CB 37.24 05007002 142.52 CB 167.52 90001002 148.03 CB 173.03 76408004 137.77 CB 162.77 15007001 141.35 'CB 166.35 98031002 328.69 CB 353.69 90205002 45.39 CB 70.39 02-NOV-2006 (09:12) --page 19 of 20 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 20 of 20 ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3690440703 107079010002 121.13 CB 146.13 3710230805 107250019004 374.58 CB 399.58 1172890403 107297602003 86.80 CB 111.80 3833470201 107620202001 178.57 CB 203.57 3833480101 107620203001 275.03 CB 300.03 2431370204 107650301016 43.17 CB 68.17 2400060604 107710005017 198.36 CB 223.36 1201770303 108195005006 190.21 CB 215.21 3827310802 108360204001 319.82 CB -344.82 3700370402 108361103501 227.20 CB 252.20 3700670702 108361107501 1121.61 CB 1146.61 ' 2451660104 108365111002 28.95 CB 53.95 1110630908 108460224002 59.46 CB 84.46 88205.89* 101355.89* Agenda Information Memo November 9, 2006, Eagan City Council D. VARIANCE — LOT 3 BLOCK 1, SPECTRUM BUSINESS PARK — ACTION TO BE To approve a 5 -foot and 10 -foot Variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW '/, of Section 2. FACTS: D The applicant is proposing construction of a two-story 20,000 sq. ft. office building on the subject site. The proposed building requires 107 parking stalls, 112 are provided. Parking stalls satisfy minimum dimensional standards of 10' x 19'. D City Code requires a minimum 20 -foot setback of parking from public rights -of --way. ➢ The purpose of the required setbacks is to provide pervious surface area, snow storage on private property and adequate space for landscaping/screening. Permitting parking to encroach into the required setback is contrary to the intent of the Zoning Ordinance. ➢ Parking setback of 10 feet along TH-55 and 15 feet along Blue Water Road are proposed. ➢ A Conditional Use Permit (CUP) and similar parking setback Variances were granted in 2001 for a different development proposal (hotel) for this site. The 2001 Variances were never been implemented and have now expired. ➢ The Zoning Ordinance permits relief from a required ordinance provision if there are special conditions such as topography, natural features, and lot configuration or area, that apply to the land that make construction of a reasonable use difficult. ➢ The applicant's stated hardship is that the developable site area was reduced to accommodate regional storm water needs, for which the applicant was financially compensated, thus creating a hardship on the applicant and making development of this parcel more difficult. D Other performance standards — building coverage, green space, building height, architectural materials, etc. — appear to be satisfied. 60 -DAY ACTION DEADLINE: December 23, 2006 ATTACHMENTS (1): Variance Report, pages through J -73 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 3, 2006 APPLICANT: Spectrum Development PROPERTY OWNER: Spectrum Commercial Properties REQUEST: Variance CASE: 02 -VA -18-10-06 HEARING DATE: November 9, 2006 APPLICATION DATE: October 24, 2006 PREPARED BY: Pamela Dudziak LOCATION: 2775 Blue Water Road (Lot 3, Block 1, Spectrum Business Park) COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUAMARY OF REQUEST Spectrum Development is requesting a 10 -foot Variance from the required 20 -foot parking setback from TH 55, and a 5 -foot Variance from the required 20 -foot setback from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in the NW '/< of Section 2. 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. -7q Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 2 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. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUNDMISTORY The subject site was platted as Lot 3, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included the subject site. In the 2001 update of the original AUAR, the development assumption for this property was a 62 room hotel. The current proposed use is a 20,000 sq. ft. office building. The proposed office use will generate less traffic than the hotel use assumed for the AUAR. Also in 2001, the City approved a Conditional Use Permit to allow a 77 -room hotel on this site. With the CUP, parking setback Variances similar to the present request also were approved. Since the property remains vacant and the 2001 Variances have not been implemented, they have expired and are now null and void. EXISTING CONDITIONS The site is vacant, and was graded with previous development. The land is relatively flat and contains no significant vegetation. The following existing uses, zoning, and comprehensive guide plan designations surround Lot 3, Block 1, Spectrum Business Park: EVALUATION OF REQUEST Proposal - The applicant is proposing a two-story 20,000 sq. ft. office building to be constructed on the western portion of the site. The project provides a total of.112 parking stalls, 23 stalls underground and 89 stalls surface parking. A Variance to allow a ten -foot parking_setback along -79- Existing Use Zoning Land Use Designation North Warehouse BP, Business Park SA, Special Area South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial West Office; Parking BP, Business Park SA, Special Area East Warehouse BP, Business Park SA, Special Area EVALUATION OF REQUEST Proposal - The applicant is proposing a two-story 20,000 sq. ft. office building to be constructed on the western portion of the site. The project provides a total of.112 parking stalls, 23 stalls underground and 89 stalls surface parking. A Variance to allow a ten -foot parking_setback along -79- Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 3 TH 55, and a Variance to allow a 15 -foot parking setback along Blue Water Road are also requested. Code Requirements - City Code requires a minimum 20 -foot parking and pavement setback from public rights-of-way. The proposal does not comply with these setbacks along Blue Water Road and TH 55. Thus, the applicant is requesting a Variance to the required setbacks for parking and pavement from public rights-of-way to allow a setback of 10' from TH-55 and a setback of 15' from Blue Water Road. The Zoning Ordinance states that relief may be granted from a required ordinance provision provided that (1) there are special conditions that apply to the subject land, (2) the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and (3) it is necessary to alleviate a demonstrable hardship or difficulty. Other Performance Standards - The proposed two-story building is 30.5' in height, which is less than the BP district maximum of 45 feet. The site plan proposes 28% green space, which meets the minimum required 25%. City Code allows a maximum of 40% building coverage. The proposed building has a 10,120 sq. ft. footprint, which results in 13.43% building coverage. .Exterior building materials and trash enclosures appear to satisfy City Code requirements. Mechanical Equipment - Rooftop mechanical equipment is proposed to be painted to match the building. Such equipment should be screened from views from off the property by a screen immediately surrounding the equipment, or by a parapet wall along the edge of the building. The height of the screen should be at least the height of the equipment. Rooftop screening must be constructed of durable, low -maintenance materials and be either a complimentary neutral color the same color as ht primary building materials of the outside walls. Landscaping - The Zoning Ordinance requires all parking'areas to be screened from all streets with the use of berms, walls, fences, and landscaping. Such screens shall be solid and a minimum of three feet in height. The Landscape Plan is unacceptable. The proposed landscaping does not meet the ordinance standards, and should be enhanced along TH-55 and Blue Water Road. The proposed setback Variances mean less area in which to plant landscaping and may result in more damage to the landscaping that is installed from snow storage. The Landscape Plan also lacks necessary information - landscape schedule; grading contours, planting specifications and notes, etc. Parkin - The Zoning Code requires 107 parking stalls for the proposed 20,000 sq. ft. office building. The site plan indicates that 112 stalls in both surface and underground parking are proposed. Proposed parking stalls satisfy the minimum dimensional standard of 10 feet by 19 feet. '-7Le Planning Report -13, B 1, Spectrum Business Park November9,2006 Page 4 Easements — Public street access is available via Blue Water Road to the north via a private shared service drive with Lot 2, Spectrum Addition. The developer should provide evidence of private ingress/ egress easements between Lots 2 and 3, Spectrum Business Park, for review. and approval by the City Attorney prior to building permit approval for the proposed development of Lot I. Annlicant's Estimate of Hardship — The applicant's stated hardship is that the developable area of this site was reduced to accommodate regional storm water needs for not only the 27 -acre Spectrum development, but an additional 107 acres of the developed property on the west side of the TH 55 and approximately 14 acres of land to the north (slated for future office development). The narrative states that the land area needed for the ponding reduced the available land area for development, creating a hardship on the Applicant and "making development of this land parcel to its highest and best use as a Corporate office building much more difficult." Evaluation— It is appropriate to grant relief from a required ordinance provision if there are special conditions that apply to the land that make construction of a reasonable use difficult. Special conditions mayinclude topography, natural features, and lot configuration or area. The applicant was the developer of Spectrum Business Park, and as such, was aware of the constraints on the site. The requested Variances from minimum required setbacks are inconsistent with the intent of the Zoning Ordinance. The purpose of these setbacks is to provide pervious surface area, snow storage on private property, and adequate space for required landscaping/screening of the parking from public rights-of-way. Permitting parking to encroach 10 feet into a required 20 foot setback is contrary to the intent of the Zoning Ordinance. The site can be put to a reasonable use without the setback Variance; a smaller office building or other use could be built on the site. The stated hardship concerning the pond was created with the original subdivision. In addition to the pond handling run-off from the Spectrum site, the applicant also realized a financial benefit as the City compensated Spectrum just under $40,000 for oversizing the pond.. SUMMARY/CONCLUSION Spectrum Development is requesting a Variance to allow a 10 -foot parking setback along TH 55 and a Variance to allow a 15 -foot parking setback along Blue Water Road. The proposed office appears to be an appropriate use for the area and zoning district, however, the site plan does not comply with the parking setback of the Zoning Ordinance. With the exception of landscaping, other performance standards appear to be satisfied. A similar Variance was granted in 2001 for a different use (hotel) of this property, but that Variance was never utilized and has now expired. -17 Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 5 This applicant's estimate of hardship is that accommodation of regional ponding needs reduced the developable site area. As the original developer of Spectrum Business Park, the applicant was aware of the constraints on the site. The proposed Variances are inconsistent with the intent of the Zoning Ordinance. The current requested Variances from parking setbacks will continue a pattern of City Code deviations established with the original development of the Spectrum Commerce Center; which received similar relief as is requested presently. ACTION TO BE CONSIDERED To recommend approval of Variance to allow a 10 -foot Variance from the required 20 -foot parking setback from TH 55, and a 5 -foot Variance from the required 20 -foot parking setback from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in the NW %< of Section 2. 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. The Landscape Plan shall be revised to incorporate the following: a. Landscape screening shall be installed along Blue Water Road and TH 55 to screen the parking as required by the Zoning Ordinance. b. The Landscape Plan shall be prepared by a state -registered landscape architect or state -certified nurseryperson, and be signed by that person. c. The Landscape Plan shall include grading contours, a landscape schedule and planting specifications and notes. 3. The developer shall provide evidence of private ingress/ egress easements between Lots 3 and 2, Spectrum Business Park for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. Ge Eagan Boundary wght-d-wgr Location Map P°�� Park Area DuCcUr g Pootprkd Current Zoning and Comprehensive Guide Plan Land Use Map L3, B1, Spectrum Business Park Variance 02 -VA -18-10-06 Zoning Map ' Land Use Map SA SA t sp IN, OF b sh Current Land Use Designation: Location DID m SA Special Area ' •moo 14 OFPDJ OF SA t IND IND t�• us s an .ma r... 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VARIANCE REQUEST SETBACK FROM STATE HIGHWAY 55/BLUE WATER ROAD LOT 3, BLOCK 1 SPECTRUM BUSINESS PARK EAGAN, MINNESOTA This narrative for a Variance Request is being submitted on behalf of Spectrum Commercial Properties, LLC, a Minnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant' The Applicant is requesting a variance from the City of Eagan's parking setback requirement under the Business Park zone of 20 feet from a public street. The proposed setbacks on the submitted site plan for the Corporate office building for Enterprise Rent-A-Car: Five Feet from the face of the curb to the property line along Highway 55 Fifteen Feet from the face of the curb to the property line Along Blue Water Road The Applicant has supplied 100% of the land required, and has constructed a detention pond capable of holding 12+ acre/feet of water runoff (live and dead storage) from not only the Applicant's 27 developed acres, but also a substantial portion of the developed property on the west side of STH 55 (approximately 107 acres), and the contiguous 14 acres of land to the north (presently single family homes on Blue Gentian Circle but slated for future office building development by McGough Construction). Lot 3 totaled approximately 3.389 acres at the time the Applicant acquired the property. Since the construction of the new detention pond, the net acreage of the site has been reduced to approximately 1.71 acres. Approximately half of the original site (1.68 acres) was dedicated to the construction of the detention pond. This detention pond, which will accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a substantially larger capacity than is needed for just the 27 acre Spectrum Business Park development. Its construction has placed some unexpected development constraints on land planning this commercial comer. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as a Corporate office building much more difficult. RECEIVED OCT 2 4 Vr` 1000 Blue Gentian Road* Suite 135 O Eagan, MN 55121 651.675.0500 0 Fax 651.675.2290 Agenda Information Memo November 9, 2006 Eagan City Council Meeting E. PROJECT 928, MEADOWVIEW ROAD/ ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Continue the Final Assessment Hearing for Project 928 (Meadowview Road/ Alexander Road - Street Improvements) to December 4, 2006. FACTS: • Project 928 provided for upgrade of Meadowview Road to current City standards and realignment/resurfacing of Alexander Road, located west of Highway 13 in northwest Eagan. The project also provided for the construction of concrete entrance aprons to commercial/ industrial properties along both streets. • The Final Assessment Roll was presented to the City Council on October 3, 2006, with a public hearing scheduled for November 9 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have.been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on November 2 to address all property owners' questions or concerns and provide any additional information of interest. Of the 10 parcels (all Commercial/ Industrial) being assessed, 2 people representing one parcel attended. • As a result of questions raised at this meeting regarding the assessment amounts and allocation methodology, the City Attorney is recommending that the Final Assessment Roll be revised. This will require re -notification of all property owners and new publications for the rescheduled hearing date of December 4, 2006. ATTACHMENTS: • Project improvement and assessable properties map, page 1 I'm LEGEND ASSESSMENT AREA ® STREET UPGRADE STREET OVERLAY CONCRETE ENTRANCE APRON STATE OF MINNESOTA _. No -w O n I� 03045%// 030-01 I / #3003 z 2 Vw 1 1 1 /180;y� I�.230' 1 I \�I 5 It QyaS s #3303 1 i? X350 1i 17z0 • ��� #3105 I EAS t D #310 (Old Alignment) ) • /ADOmON 1 f ( New Alignment) # 1710 N ..... ._.�/� w E S NO SCALE I G:Pro'ect and Contract Into 0928 Meodo"iew Alexander Gra hits Assessments Meadowview Rd. / Alexandria Rd. biqA-1 1Of BgIl Street Improvements -Assessment Map Engineering Department Project 928 Agenda Information Memo November 9, 2006 Eagan City Council Meeting F. OUTLOT A: RIVERPARK OFFICE CENTER EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage & utility easements within Oudot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On September 14, 2006, City staff received a petition, from William Everson of Blue Cross Blue Shield/Minnesota, requesting the vacation of a portion of an existing drainage and utility easement within Outlot A, Riverpark Office Center, at the northwest corner of the intersection of Yankee Doodle Road and Yankee Drive. • The drainage and utility easement was dedicated as part of the Riverpark Office Center plat for ponding and general utility purposes. A 24" storm sewer pipe is located in this general area. • On July 31, 2006, the City Council approved a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties. Two pylons are to be located on the south side of Yankee Doodle Road between Highway 13 and Blue Cross Road, and one pylon at the noted o location on Outlot A Riverpark. • A condition of this Council approval required a petition to vacate a portion of the easement area on Outlot A prior to the recording of the Planned Development Agreement and issuance of the sign permits. • The purpose of the request is to allow the property owner to construct the pylon sign as indicated in the presentation to the City Council at the July 31 meeting. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date_ of this report. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page Ill .. 490;, City of Evan Engineering Departrrmt Outlot "A" - Riverplace Office Center Proposed Easement Vacation 4N Location Map 9/20/06 eN That part of Outlot A, Riverpark Office Center, within Section 8, Township 27, Range 23, Dakota County, Minnesota, commencing at the northeast comer of Outlot A, Riverpark Office Center, thence South 32 degrees 17 minutes 20 seconds West a distance of 22.00 feet to the point of beginning of the line to tie described; thence South 32 degrees 17 minutes 20 seconds West a distance of 31.00 feet; thence North 57 degrees 42 minutes 40 seconds West a distance of 20.00 feet; thence North 32 degrees 17 minutes 20 seconds East a distance of 31.00 feet; thence South 57 degrees 42 minutes 40 seconds East a distance of 20.00 feet to said point of beginning and said line there terminating. FF DRAINAGE \ EASEMENT °o 0 PROPOSED VACATION Engineering Department Outlot "A" - Riverplace Office Center Proposed Easement Vacation. 9/20/06 Agenda Information Memo November 9, 2006, Eagan City Council Meeting VI. OLD BUSINESS A. CANVASS OF BALLOTS - NOVEMBER 7.2006 MUNICIPAL ELECTION ACTION TO BE CONSIDERED: To certify the results of the November 7, 2006 Municipal Election. FACTS: • State law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. • Election results will be distributed at the meeting on Thursday. ATTACHMENTS: (None) T Agenda Memo November 9, 2006 Eagan City Council Meeting NEW BUSINESS A. CONSIDER PROPOSAL FROM EAGAN ART HOUSE ACTION TO BE CONSIDERED: Approve proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks & Recreation Department. FACTS: • A letter from Vicki Wright, Chair of the Eagan Art House Board requesting a change to their partnership with the City along with a staff memo discussing this request was distributed as additional information on October 20. This year, the Eagan Art House was audited by the Internal Revenue Service and by the Minnesota Department of Revenue. The audit demonstrated that the EAH is in good financial standing, but must reclassify all instructors from independent contractors to employees by January 1, 2007. The Art House Board does not feel that it has the bookkeepingladministrative resources to run their organization with this change and is requesting that the programs and appropriate staffing be absorbed into Eagan Parks and Recreation. • All penalties resulting frorn this decision will be the responsibility of the current non- profit organization and will be paid before the City assumes management. • The mission of the Eagan Art House fits very closely with the goals of Eagan Parks and Recreation and the two organizations have worked in partnership for many years. Recreation art classes also support the direction created in the 2020 Vision as they provide cultural programming suitable and accessible to a wide range of ages and abilities. • If this agreement is approved, the Eagan Art House Board would change the mission of their non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. The board would retain its role in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House. • The new partnership would be very similar to the City's current partnership with the Friends of the Farm. This successful partnership has provided volunteer service, programs and improvements at the Historic Holz Farm for several years. ATTACHMENTS: • Background memos on pages toy im From: vicki WrightI'malltmicidwrthlboarricasLnetl Sent. Thursday, October 19, 2006 2:02 PM To: Juii Johnson subject- Eagan Art House 2007 Importance: High To Tom Hedges and Julie Johnson - The Eagan Art House is currently providing a substantial amount of programming for Eagan Parks and Recreation as well as operating the annual Eagan Art Festival. We have been operating as an non-profit partner of the City of Eagan and are seeking to make some changes to clarify that relationship. 1. This year, our organization was audited by the Internal Revenue Service and by the Minnesota Department of Revenue. That audit demonstrated that we are in good financial standing, but that we must reclassify our contractors as employees by January 1, 2007. Any penalties resulting from this decision will be the responsibility of the current non-profit organization and will be paid before this date. We are hoping that the teachers can become part-time employees of Eagan Parks and Recreation. This would also include Julie Anderson, currently employed as the director of the Eagan Art House. 2. As the City now manages the registration for our classes, the board of directors is also seeking to have the operation of the Eagan Art House to come under the management of Park and Recreation. 3. The building occupied by the Eagan Art House in Patrick Eagan Park is owned by the City and leased by our organization for $1.00/year. The board is willing to forego this lease agreement and also return its use to the City for the Eagan Art House programs. 4. With these changes, the board of directors would then change the mission of the non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House, retaining its role in managing the Eagan Art Festival - proceeds. to benefit the Eagan Art House. This document is a draft for our mutual consideration. We hope to refine this proposal for presentation to the Eagan City Council before the and of this year, with your help. Thank you very much. Vicki Wright Chair, Board of Directors — Eagan Art House, Dakota Center for the Arts Mobile: 651.226.8954 E-mail: vickWaht(dlcomcastnet I� TO: Tom Hedges, City Administrator FROM: Juli Seydell Johnson, Director of Parks and Recreation DATE: October 19, 2006 RE:Eagan Art House Request for Art House Operations to Become a Part of the Eagan Parks and Recreation Department The Eagan Art House Board has approached City staff regarding the possibility of Art House programming becoming a part of the Eagan Parks and Recreation department. Due to the results of an IRS audit, the Art House must hire their instructors as employees rather than independent contractors as they have in the past. The Art House Board does not feel that it has the bookkeepingladministrative resources to run their organization with this change. The mission of the Eagan Art House, along with the classes and services offered to Eagan residents, fit very closely with the goals of Eagan Parks and Recreation. The two organizations have worked in partnership for many years. Recreational art classes also fit very well with the direction created recently in the 20/20 Vision as they provide cultural programming suitable and accessible by a wide range of ages and abilities. Expanding the partnership to allow the administration of all classes to become a part of Parks and Recreation operations will allow for the Eagan Art House to further benefit from the staff, administrative structures and resources available within the City. In the end, this will lead to an expansion of art -related classes and programs to Eagan residents. The Art House has been operating with a balanced budget for the past several years. Because all program revenues along with program expenses would be absorbed into the City budget, there would likely need to be only a small subsidy during the transition ($3,000-$5,000) in addition to the in-kind services currently included in the Art House partnership. The subsidy would be expected to decrease as the art programs continue to grow. The Art House Board of Directors would like to take a role similar to that of the Friends of the Farm at Holz Farm. The board would become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. They would continue to manage the Eagan Art Festival. This type of partnership has been successful at Holz Farm. This opportunity seems to offer a positive resolution to the difficult situation that the Art House Board has encountered. The transfer will combine the strengths of Parks & Recreation operations with the strong arts foundation created by the Art House to move forward with a solid offering of leisure -time arts -based classes and activities for Eagan residents. Background: Current Eagan Art House — City of Eagan Partnership • The City of Eagan purchased the Lillian McCarthy house and the surrounding property to become part of Patrick Eagan Park. The original intention was to provide for a more formalized entrance to the park. • The house was rented for a period of time as a private residence until there was a emerging interest from a fledgling art association that saw the need to provide a level of art programming in the community. The partnership with the City originally involved the use of the house in Patrick Eagan Park since there were no other city facilities that would be able to house this new programming element. • The Art House provides a variety of art classes and art -related events to the community. The Parks and Recreation Department does not offer art -based classes. • Art House classes had 1,341 registered participants in 2005. This is similar to the number of participants in City preschool programs during the same year. Total recreation program registrations in 2005 were 25,000. • The Art house leases the house in Patrick Eagan Park for $1.00 per year. The City provides lawn maintenance, snow and ice removal (except for sidewalk to house entrance), trash pick-up, pumping of septic tanks, cleaning supplies for the building and general repairs as needed. • City improvements to the building for the Art House have included: remodeling of the original house info class room space with an accessible restroom, addition to an accessible ramp, remodeling of garage into pottery studio, connected City water service, rewired house for kilns, replaced house roof and constricted a stage for Art House events. • The City provides clerical management for most Art House class registrations and promotes Art House classes in the Discover brochure. The cost of the space in the Discover brochure including mailing is $12,840. The cost of the clerical time required to manage the registrations is approximately $5,000. • The City retains 8% of Art House class registration revenues. In 2005 this was $6825. • The Art House Board has been discussing the possibility of a campaign to solicit funding for firture expansion of the existing building and/or campus in order to expand programming opportunities. 9S" Agenda Information Memo November 9, 2006 Eagan City Council Meeting B. WETLAND DELINEATION REPORT — WETLAND REPLACEMENT PLAN — LONE OAK BUSINESS CAMPUS ACTIONS TO BE CONSIDERED: 1) Receive and affirm the wetland delineation report; and 2) Approve wetland replacement plan by Lone Oak Development, LLC. for wetland impacts of the proposed Lone Oak Business Campus development. FACTS: • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGL) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated August 2006 was submitted by McCombs Frank Roos Associates, Inc. for this site. The Water Resources Coordinator has field verified and confirmed the delineation of portions of two state public waters and 10 other wetlands. • Effective September 2006, the developer completed a .wetland replacement plan application. The proposal includes 49,148 ft' (1.14 acres) of proposed fill impacts to seven wetlands to be replaced on site by 52,860 if of new wetland credits and 123,385 8Z of public value credits. Neither of the state public waters is proposed to be impacted by draining, filling, or excavation. • The Water Resources Coordinator has reviewed and provided findings on the wetland replacement plan application in favor of approval (see attached). • At its October 16, 2006 meeting, the Advisory Parks Commission recommended approval of the wetland delineation report and the wetland replacement, plan. ATTACHMENTS: • LGU Findings of Fact, page. • LGU Sequencing Findings ofact, page 0 11203/2006 14:05 EAGAN MAINTENANCE 4 CITY HALL DNSTR N17.964 P02 County: Dakota . Project Name/#:Lone Oak Business Camuus/Apo.# 06090805 Location of Project: SE t 27N 7-W _ V. /. '/4 Sec. Twp. Range Lot/Block, 1. Type of determination requested (chsek thou Char apply): _ Exemption (WCA Exemption N �) _ No -Loss X Wetland Boundary and Type X Replacement Plan 2. Description of Wetland(s) with proposed impact: a. Wedand Type (Circular 39)1,2,_3. (Cowardin) b. Wetland Size c. Size of Proposed Impact (acres and square feet) 1=2.966 so.ft.: 2=14.817 sa.ft. 3 31.365 sq.ft. 3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. X Yes ❑ No (if no, list why) 4. is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface waterm&aa ememplan'andmetropolitangroundwatermanagementplan,and local comprehensive plan and zoning ordinance? ZYes ❑ No (if no, list why) 5. How will the project affect the following wetland functions: Functions Lnymt No I hwoove Floodwater Storage X Nutriew Assimilation X Sediment Entrapment X Groundwater Recharge T x Low Flow Augmentation X Aesthetics/Revreation X Shorelend Anchoring X Wildlife Hibitat X Fisheries Habitat X Rare Plant/Ammal Habitat $ Commercial Uses X 6. Forreplacement plan or no -loss determinations, are wetland functions maintained at an equal or greater level? X Yes ❑ No (if no, list why) 7. Is approval of the activity proposed in item 1. recormneaded? X Yes ❑ Yes, with Conditions ❑ No (if no, list why) If no, why? 8. ST TURF u ftep owt 0) Pogo I of I/ 1 LGU Findmgc orFaa.doc (Aagnt 7005) 11/03/2006 14:05 EAGAN MAINTENANCE 4 CITY HALL DNSTR N11.964 IP03 Date: October 9. 2006 LOU: City of 13—am Project Name or Number: Lone Oak Business CamP3ts LOU contact: Eric Macbeth Location of Project: SE • 1 27N 23W_ '/4 See. Twp. Range I. DETERMINATION OF IMPACT AVOIDANCE I) Is the project wetland dependent? ❑ yes. ® no aryes, proceed to Item 11 of this form) 2) Has the applicant provided documentation describing at least 2 good faith alternatives that would avoid wetland impacts? (e.g. no -build, alternate sites, alternate project configurations) ®yes ❑ no (tfno, then sequencing requirements are not titer and tAe permit cannot be approved) 3) . have all feasible and proder alternatives that would avoid impacts to wetlands been considered? . Oyes [:]no (If no. then sequencing requirements are not met and the permit cannot be approved) II. DETERMINATION OF IMPACT MINIMIZATION (8420.0520, Subp. 4) 1) Has the applicant sufficiently demonstrated efforts to minimize impacts to wetlands by considering the following? • Spatial requirements of the project • Individual and cumulative impacts Locations of existing stucrural or natural features • Alternative project configurations _ • Project purpose relative to the proposed impacts • Site constraints • Confining impacts to the fringe of the wetland(s) • Site design relative to natural teastuas • Value, function, and distribution of wetlands on the site • Others as necessary ® yes ❑ no (1fno. then the LGUshall notify the applicant in writing ofur objections to the project. tithe applieetion is nor withdrawn or modfj)ed to satisfy the LGU's objections within 30 days. Uten flit statement of objection shall constitute a denial of the application.) III. DETERMINATION OF IMPACT REC'T'IFICATION (8420.0520, Subp. 5) I) Has the applicant proposed to repair, rehabilitate, or restore to pre -project conditions any temporary impacts associated with the project? ❑ yes ❑ no ®NIA (Ifno, then sequencing rtiquiremenis are not met and the penult cannot be approved) IV. DETERMINATION OF REDUCTION OR ELIMINATION OF IMPACTS OVER TIME (8420.0520, Subp. 6) 1) Will additional wetland impacts be reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains the retraining wetland functions and values? ® yes ❑ no (If no, then sequencing requirements are not met and the permit cannot be approved) V. UNAVOIDABLE IMPACTS (8420.0520, Subp. 7) 1) Will unavoidable wetland impacts be replaced in accordance with M.R. 8420.0530 to 8420.0630? ®yes ❑ rto (If no, then sequencing requirements are not met and the permit cannot be approved) VI. SEQUENCING FLEXIBILITY (8420.05201 Subp. 7s) 1) Has sequencing flexibility been requested? ®yes ❑ no (If yes, explain compllnnce with MNRule 8420.0320. Subp. 7a) Explanation: Alternatives have been considered and grotwsed replareement to provide eeual or treater functions and 1ublic values. 2) Will the proposed replacement wetland provide equal or greater functions and values than the impact wetland? ® yes ❑ no (If no, then, sequencingjtaaibitity cannot be implemented) Based on the information above, is sequencing adequately addressed? ®YE [J No Authorized LOU ficial Date Page 1 of 1 Sequencing Findings of Faet.doc r (December 2002) Agenda Information Memo November 9, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT — LONE OAK DEVELOPMERNT ACTIONS TO BE To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE'/< of Section 01, subject to the conditions listed in the APC minutes, as amended. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: D The development site contains several wetlands and a shoreland protected lake as well as scattered wooded areas. ➢ The proposal consists of seven buildings with 676,000 sq. ft. of commercial office and warehouse space. ➢ The scale of the proposal required submittal of a mandatory Environmental Assessment Worksheet (EAW). The City Council made a negative declaration on the need for an Environmental Impact Statement on October 17, 2006. ➢ The Wetland Replacement Plan application has been made and appears separately on this meeting agenda for Council action. ➢ The development site will need to be subdivided and platted, and a Final Planned Development will be required for each building. ➢ Shoreland zoning applies to approximately'/< of the site. ➢ Through the Planned Development, flexibility in typical zoning standards can be accommodated. ➢ This Preliminary PD provides site design and infrastructure plans for the entire 85 - acre site. More detailed plans will be submitted with the subdivision and Final PD applications. ➢ The acceptability of deviations to typical City Code standards is a policy matter to be determined by City officials. Proposed deviations include: • Green space and building coverage for the entire site rather than individually for each lot or building. • Two five -story buildings exceeding the 35 -foot height limit of the shoreland district. • Impervious coverage area exceeding 25% in the shoreland overlay district. • Parking setbacks less than 20' from the public right-of-way and adjacent property. • Reduced parking stall size and a reduced number of parking stalls. D In reviewing the conditions of approval in the APC minutes, the City Attorney identified some redundancies. Staff has edited and consolidated a few of the conditions to eliminate duplication and clarify content. A copy of the edited conditions is attached. ➢ On October 24, 2006, the Advisory Planning Commission held a public hearing on the Preliminary Planned Development and recommended approval. ISSUES: ➢ Of the proposed deviations, the APC action was to require the developer to meet parking setbacks and parking stall size requirements. ATTACHMENTS (2): October 24, 2006 APC Minutes, pages, through Edited Conditions of Approval, page,�/O Staff Report dated October 18, 2006, pages, r ough 40 8. The existing shed on proposed Lot 1 shall be relocated to meet required building setbacks. Chair Hansen explained to the audience that the commission had little choice but to recommend approval because proposed subdivision was consistent with all City subdivision and zoning standards. A vote was taken. All voted in favor. Motion carried: 7-0. B. Lone Oak Business Campus Applicant Name: Lone Oak Development Location: 565 Lone Oak Road; North of,Lone Oak Road adjacent to Inver Grove Heights a. Application: Preliminary Planned_:.Development A Preliminary Planned Development.; 85+ acres to create a multi -building office and office/warehouse business campus.. File Number: 01 -PD -04-08-06 Planner Dudziak introduced this item and highlighted the information presented in the. City Staff report dated October 18, 2006: 'StSe noted the background and history. ;r. Applicant Gary Tushie, Tushie-Montgomery, & As§ociatesw,jnc., discussed their requests for deviations to the requirements for green;:space, parking setbacks, parking stall dimensions, and clarified the Height of the multi -story office buildings. Chair Hansen opened the publlc'hearing. John Todd,;,6689 Argenta Trail, InveCOroveHeights, discussed the history of the property,,and concem;for protection of the lakes and wetlands. Kathy'Wginer, 510 Lone'Q k Road,,diiscussed possible roadways, screening, setbacks and wateelrun off. Jeremy Illg, 546 Lone Oak Road discussed concerns with the future widening of Lone Oak Road. r George Mikutowski,;520 Lone Oak Road stated concern for assessments for water and sewer. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Sirish Samba, Civil Engineer with MFRA, addressed questions about storm water run off and water quality on the property. 101 Member Keeley noted structured parking could speak to a number of concerns. She discussed benefits of an amended parking plan. She stated support for the use of low impact development measures in the development. There was discussion on the parking and parking setback requirements, including the applicant's request to deviate from standard requirements: There was also discussion about the green space, building height, and right-of-way. Member Dugan asked for clarification on the height and location of the multi -story buildings, the number of parking stalls and the anticipated development scenario. Planner Dudziak clarified the concern relative to the parking°areas. not meeting setback from the new north/south collector street; she stated the standard'20' setback provides a continuous green space that affords an opportunity!berm and landscape the parking lot from the street. Mr. Tushie discussed green space around the"lake:and the -rationale for the location and building height of the two multi -story office buildings: ;;He stated the City s ordinance for parking requirements is in excess of industry standardsa. He discussed the build -to -suit lots and explained that the development will be built in phases, as needed. City Engineer Russ Matthys clarified ttiat°tf e' i ew.north-south road is a collector street with an 80 -foot right of way to accommodate a "road' of 54 feet; as well as a trail or sidewalk on both sides. Member Keeley moved, Member; Heaney seconded a motion to recommend approval of a Preliminary Plann® Development to create an office commercial development upon approximately 8 ' acres located north of Lone Oak Road and west of the Inver Grove Heights;border in the'SE'/4 of;Section,1, subject to the following conditions as amended 1. The:,developer shall'ezecute a`Preliminary Planned. Development Agreement which include"" Ahe following plans: • Site`Rlan • Build Ing %Elevai • Site LightirigP • Landscaping'F • Signage Plan.- 2. lan. 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan Final Building Elevations Final Site Lighting Plan Final Landscaping Plan Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 19 feetJn. depth. 8. If additional parking spaces are required by an_actual.tenant in Buildings 6 or 7 that exceeds the number provided, the additional!'parking shall be provided through structured parking such that the total greeh-space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 4.5 feet in height, and Buildings 3-5 shall not exceed one story and 351eet in height. B iiid ngs 6 and 7, shall not exceed five stories and 75 feet in height. x 10.A detailed landscape plan shall be submitted',at"the.time of Final Planned Development for each building, overlaid.on-.tNe grad ngrand utility plans and including a landscap&sctiedule and planting specifications and notes. 11.A site lighting plan;shall be submitted at the;time of Final Planned Development for each building. Lightirig.fixtures,shall be consisted throughout the development Minimum light,levels of 05 footcandles shall be provided in all parking lot areas, and light levdW6hall not excee done footcandle at the property line. Average to minimum ratios Within.parkingilots shall not be greater than 4:1. 12. Building architecture and, materials shall comply with the City's architectural standards: ordinance. 4',buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosuresishall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14.All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City s zoning code. 15.Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this 103 Planned Development shall be consistent in design and size and be constructed of the same materials. 16.The future park dedication for the developments) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect.) 17.The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail:within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon'staff_review, for on-site trails determined to provide connectivity and obvious publieavalue; all;found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures 66he treatment ponds to increase storage times - in the ponds and allow retentionof up'to 5 -year storms and infiltration through side slopes of the ponds ti achieve higher levels; of reduction (up to 96%) in the post -development phosphorous` loads ,,Vegetated buffe 4dps, rain gardens, infiltration basins, and other low -impact Be6t`Management Practices shall be incorporated as needed_ to further reduce phosphonisIoad and runoff volume further. ` ._._........—.s�-...a.ee............ ......... �lV.i :2 ilS 20. A cash water quality dedication will be due.'for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first 21.The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City;Council must' make a formal decision regarding the acceptability of the wetland repiacement plan prior to approval of the Preliminary Planned Development. 23. The applicant shall.be'responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25.The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. _26.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. 27.A l 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. ,r 28. Public improvement projects providing for pipe outlets for Ponds FP=8 and FP -9, in accordance with the Storm Water Management. Plan, shall be approved, by the City Council prior to final subdivision approval for this,:;deyelopment. 29. The grading and site plan shall be,,reVised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de- sac at the south end of the proposed street,. 31.The internal roadway/ serviee:.drive system of the site plan should be modified to reflect restriction oflaccess to.Lone Oak Road, per Dakota County requirements. s 32.At time of subdivisiorilo royals; this development shall accept the City's determinationp ,responsibility and per acre costs for mitigative traffic improvements as identified in the; Northeast Eagan Area Wide Traffic Study and provide payment of Sud "costs to the City;pursuant to<an escrow agreement in a form acceptable to the C' 'i Attorney. 33. This development shallia'ccept its additional financial obligations as defined in the ,staffs report` i"ccordance with the final plat dimensions and the rates in effect at the time of fin4.61at a 'Droval. 34. 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. 35.This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights - M7 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the hy.Attorney). 38.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. 39.AII public and private streets, drainage systems, and utilities necessar to provide service to this development,shall be designed and certified by a registered professional engineer in accordance with City adopte&dodes, engineering standards, guidelines, and policies prior to application, for final plat approval. 40.A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards,prior to final plat -approval. 41.This development shall ensure that all'dead=end"06blicstreets shall have a cul-de- sac constructed in accordance with CIN engineering;standards. 42.A separate detailed, landscape plan shall tie,submitted overlaid on the proposed grading and utility plan:, The financial guarantee for such plan shall be included in the Development Contracfand'shall,not be'released until two years after the date of City certifed'compliance 43.If.any improvements••aie to be istailed under a City contract, the appropriate project must'be,approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the,affected agency prior to final plat approval. 45.A more detailed landscape plan will be required at the time of Final Planned Development for`each lottbuilding. Landscaping shall be in addition to required mitigation. Each Final Landscape Plan shall include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. Chair Hansen commented that the proposal has a significant number of conditions. A vote was taken. All voted in favor. Motion carried: 7-0. X00 Lone Oak Business Campus Conditions 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, -and planting specifications and notes, automatic irrigation and signature of certified landscape architect. 23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping. mitigation. 42. grading and efility plan. The financial guarantee for landscaping saes shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. Edited Nov. 3, 2006 107 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2006 APPLICANT: Lone Oak Business Campus PROPERTY OWNER: Lone Oak Development, LLC REQUEST: Preliminary Planned Development CASE: 01 -PD -04-08-06 HEARING DATE: October 24, 2006 APPLICATION DATE: October 17, 2006 PREPARED BY: Pamela Dudziak LOCATION: North of Ione Oak Road west of Inver Grove Heights COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Lone Oak Development, LLC is requesting approval of a Preliminary Planned Development to create an office commercial development upon approximately 85 acres located north of Lone Oak Road and west of the Inver Grove Heights border in the SE %4 of Section 1. AUTHORITY FOR REVIEW Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 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. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. /(JV Planning Report — Lone Oak Business Campus October 17, 2006 Page 2 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNWE ISTORY -- —The site consists of several unplatted parcels. - - - In 2004, subsequent to a Comprehensive Guide Plan Amendment proposal for this property, the City Attorney and staff reviewed the zoning and Comprehensive Guide Plan history of the subject site and found that the site had a zoning of R-1, Single Family with the 1964 subdivision known as Delaware Estates. The property retained the R-1 zoning until Cray Research acquired and rezoned it to Planned Development in the early 1990's. Since the City's first Comprehensive Guide Plan in 1974, the property has been guided for retail, office, office/showroom and research and development. EXISTING CONDITIONS The site consists of several unplatted parcels, scattered wooded areas, many wetlands and one shoreland waterbody on the north end of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the sub'ect m e EVALUATION OF REQUEST Description of Proposal – The applicant is proposing a commercial office development consisting of seven buildings on approximately 85 acres. The development site contains numerous wetlands, and a shoreland protected lake on the northern end. The proposal incorporates a public street extending north from Lone Oak Road through the site. Private streets Id? Existing Use Zoning Land Use Designation North Single -Family home PD, Planned Development SA-O/S, Special Area – Office/Service South Single-family homes/ PD, Planned Development SA-O/S, Special Area – Gift of Mary site, Office/Service approved but not yet developed East Vacant/Single-family Agricultural Low Density Residential (Inver Grove Heights) (up to 6 units per acre) closest structure to Eagan border* –750' West Ecolab PD, Planned Development SA-O/S, Special Area – Office/Service EVALUATION OF REQUEST Description of Proposal – The applicant is proposing a commercial office development consisting of seven buildings on approximately 85 acres. The development site contains numerous wetlands, and a shoreland protected lake on the northern end. The proposal incorporates a public street extending north from Lone Oak Road through the site. Private streets Id? Planning Report— Lone Oak Business Campus October 17, 2006 and service drives provide access to each of the proposed buildings. Two of the buildings are proposed to be five stories, the other Ave buildings are proposed as one- story. The two multi -story buildings are situated in the central portion of the site, south of the lake. All parking is proposed to be in surface lots initially. The applicant's narrative states structured parking will be provided if necessary for the two five -story buildings, Buildings 6 and Lot lines are shown on the site plan although a request for preliminary subdivision has not been submitted to date. The application request is for Preliminary Planned Development approval, subdivision of the land is expected in the future. Compatibility with Surrounding Area — The proposed office and office/warehouse uses are compatible with surrounding development in Eagan, which has a zoning or comprehensive guide plan land use designation of SA-Office/Service or Office/Service. The adjacent property to the east in Inver Grove Heights is largely undeveloped, with a couplp.single-family homes. The IGH property is zoned Agricultural and has a land use designation of Low Density Residential (6. units/acre) Airport Noise. Compatibility — 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 current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines, office and warehouse uses are considered compatible in this zone. Environmental Assessment Worksheet — The scale of this development proposal required preparation of a mandatory EAW. The EAW was submitted with the application. The public comment period for the EAW expired on October 11, 2006. The City received comments from Dakota County, the Metropolitan Council, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, and the Minnesota Department of Natural Resources. The EAW was brought before the City Council on October 17, 2006, and the City Council made a negative declaration regarding the need for an Environmental Impact Statement. Dens i — This proposal consists of 676,000 sq. ft. of commercial office and warehouse space on approximately 85 acres. Because of the lake on the northern portion of the site, development is concentrated on the southern two-thirds of the site. Lots - A subdivision application was not submitted, however, a preliminary plat drawing was included that shows future anticipated lots. The plat drawing shows lots that conform in size and dimensions to the Research and Development zoning standards. /10 Planning Report — Lone Oak Business Campus October 17, 2006 Proposed Lots 1 and 2, Block 1 (Buildings 7 and 5) do not have public street frontage. The City Code prohibits landlocked parcels or parcels that are served only by private easements. However, for the purposes of establishing separate taxable parcels within a commercial complex, the City may.permit landlocked parcels provided the parcels "have access to a public street by an easement over another parcel with the same ... complex. This matter will be reviewed more closely at the time of subdivision. Shoreland Zoning Standards — The site lies within the shoreland overlay district of Shanahan Lake, a general development State DNR waterbody The lake and surrounding wetlands occupy approximately the northern 1/3 of the site. The shoreland overlay zone extends over approximately the northern 3/4 of the site. The subject site is zoned Planned Development. The Shoreland Ordinance is applied as an overlay in conjunction with the base zoning of the property. The purpose and intent of the shoreland ordinance is "to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for effective and efficient use of waters and related land resources." The shoreland zone extends 1,000 feet from the Ordinary High Water Level of the protected lake. In addition to standard zoning requirements, the shoreland zoning contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height: The following dimensional standards apply in the shoreland overlay zone. For comparison purposes, typical RD, Research and Development, zoning standards are also identified. Structure setbacks from the lake for Buildings 6 and 7 are proposed to be a minimum of 100 feet, which exceeds the required 50 -foot minimum. While the lot sizes and dimensions will be reviewed more closely at the time of subdivision, it appears that the minimum lot requirements within the shoreland district can be satisfied. The two five -story buildings will exceed the 35' maximum building height established in the shoreland ordinance. Building height can be Lot Size Lot Width Width at Shoreline Setbacks Building Height Lot Coverage RD 40 acres 300' N/A Front: 30' 45' 20% bldg. Zoning (minimum Side: coverage; Standards contiguous 10' house 25% min. RD district) 5' garage green space Rear: 15' Shoreland Avg. Size 100' 100' 50' bldg. Four 25% Riparian Riparian: from Stories; impervious NouRiparian 40,000 s.f. OHWL* >35' surface for eac Nonriparian requires lot and within 20,000 s.f. CUP each tier Structure setbacks from the lake for Buildings 6 and 7 are proposed to be a minimum of 100 feet, which exceeds the required 50 -foot minimum. While the lot sizes and dimensions will be reviewed more closely at the time of subdivision, it appears that the minimum lot requirements within the shoreland district can be satisfied. The two five -story buildings will exceed the 35' maximum building height established in the shoreland ordinance. Building height can be Planning Report — Lone Oak Business Campus October 17, 2006 Page 5 increased with a conditional use permit, or through the Planned Development approval in lieu of a conditional use permit. Shoreland zoning requires at least 50% of the project area to be preserved as open space, and at least 50% of the Shore Impact Zone shall be preserved in its natural state. The Shore Impact Zone for this lake extends 25 feet from the OHWL. Open space shall include areas with physical characteristics unsuitable for development in their natural state. This development proposes most of the Shore Impact Zone preserved in open space and in its natural state, and 48% of the project site within the shoreland district is proposed to be open space. A total of 52% impervious coverage is proposed within the shoreland district portion of the site. Within the first 200 -foot tier around the lake, both north and south of the lake, only 4% impervious coverage is proposed. The shoreland ordinance allows for impervious coverage to exceed 25% with a conditional use permit, or as part of a Planned Development in lieu of a conditional use permit, provided "the City has approved and implemented a community -wide stormwater management plan ... and required the necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body." As discussed in the Water Quality section later in this report, these requirements appear to be satisfied. Staff has consulted with the Minnesota DNR regarding the shoreland zoning. The DNR has expressed concern with regard to the impervious coverage exceeding 25%, but acknowledges the stormwater management and water quality treatment facilities proposed with this development to mitigate those impacts. Building setbacks from the lake are double the minimum required, which is acceptable to the DNR. The building height, however, exceeds the 35' maximum. The increase in building height for Buildings 6 and 7 is not consistent with the DNR's standards. Bulk Standards — While the City Code does not specify bulk standards for the PD zoning district, the RD standards are applicable for comparative purposes. The RD zoning district requires the following. Building Setbacks — Minimum building setbacks in the RD district are: Front yard = 40 feet from local streets 50 feet from Lone Oak Road Side yard = 20 feet Rear yard = 20 feet Parking Setbacks - Minimum setbacks for parking are 20 feet from a public right-of-way, and 5 feet from side and rear lot lines. Parking lots for Buildings 2, 3; 4 and 6 are set back only 10 feet from the proposed new north/south street. The 20 foot parking setback from Lone Oak Road appears to be satisfied. Compliance with the required 5 foot minimum setback will be determined at the time of Final PD application for each building. A minimum 20 foot setback is also required adjacent to properties residential zoning districts, or property guided for residential use. The property in Inver Grove Heights is guided for /A Planning Report — Lone Oak Business Campus October 17, 2006 Page 6 residential use. Parking lots for Buildings 5 and 7 meet the 5 foot side yard setback on the east side of the site, but the 20 foot setback from property guided for residential use is not satisfied. The proposed reduced parking setbacks limit the ability to provide berming and landscape screening of parking. In addition, reduced parking stall depth (discussed later in this report) for single -loaded parking stalls relies on the ability of vehicle bumpers to extend beyond the curb. With reduced parking setbacks, the bumper overhangs can interfere with or damage landscape materials. While reduced setbacks can be accommodated through the Planned Development, for the above reasons, staff believes the parking setbacks should be provided in accordance with City Code. Building Coverage — While building coverage is typically calculated on a lot by lot basis, the proposed Preliminary Planned Development precedes the subdivision. For this reason, we are unable to evaluate individual lot coverage. With the large amount of open space provided in the northern part of the site, and development occupying the southern portion of the site, the Planned Development proposes building coverage be considered for the entire site., With future subdivision, individual lots may exceed the 20% coverage limit. Overall building coverage for the entire site is 396,000 sq. ft.. Green Space — As with building coverage, green space is typically calculated on a lot by lot basis. However, for the same reasons as building coverage, green space is calculated for the overall site. The RD zoning district requires a minimum of 25% green space for each lot. Shoreland zoning requires that at least 50% of the project site be preserved in open space, and limits impervious surface to 25% for each lot. Since the shoreland zoning standard is more stringent than the typical RD zoning standard, the shoreland zoning standard applies to those areas within the shoreland overlay district. The 25% impervious maximum may be increased with a Conditional Use Permit, or through the Planned Development approval in lieu of a Conditional Use Permit, if the City has an approved an implemented community -wide stormwater management plan in place, and necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body identified in the Eagan Water Quality Management Plan are required. This development proposes 48% green space within the shoreland district (excluding the area below the OHWL of the lake). Through the Planned Development, green space is proposed to be provided for the entire site rather than on a lot by lot basis. In the areas of the site outside the shoreland district, the minimum 25% green space would typically apply. Through the Planned Development, green space on individual lots may be less than 25% provided the entire development maintains at least a 25% minimum. .Building Height — The RD zoning district allows a maximum structure height of 45 feet. Building height is measured to the mean roof level of a pitched or hip roof, and to the highest 10 Planning Report — Lone Oak Business Campus October 17, 2006 Page 7 point of a flat or mansard roof. Although we have no specific architectural plans at this time, the one-story buildings in this development (Buildings 1 - 5) are anticipated to be less than the maximum 35 foot height required by shoreland zoning. The two five -story buildings (Buildings 6 and 7) will exceed the 35 -foot maximum building height for shoreland zoning. These two buildings are also placed closest to the lake, whereas the shoreland zoning would require taller more imposing buildings to be set back further from the lake. At 100', Buildings 6 and 7 are set back double the minimum required structure setback. Building heights in excess of 35 feet can be approved through the Planned Development, and such approval is requested.for Buildings 6 and 7 at this time. The acceptability of this deviation is a policy matter to be determined by City officials. Trash Enclosures — The zoning ordinance requires trash enclosures to be provided where trash storage does not occur within the principal building. In commercial developments, such enclosures must be attached to the principal structure and be constructed of materials to match the principal structure with gates or doors having at least 90% opacity. Mechanical Equipment — All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. Proposed Use — The RD zoning district permits uses such as offices, research and development laboratories, and light manufacturing with negligible smoke, dust, odor fumes or noise when conducted in conjunction with other agricultural or other research and development laboratories. The proposed development shows primarily office uses, with some warehouse space in Buildings 1-5. The proposed allocation of uses in sq. ft. is summarized below: Office Warehouse Total Building 1 46,000 5,000 51,000 Building 2 40,000 4,000 44,000 Building 3 83,000 9,000 92,000 Building 4 95,000 10,000 105,000 Building 5 30,000 4,000 34,000 Building 6 175,000 0 175,000 Building 7 175,000 0 175,000 Grading/ Topog_raphv — The site is lightly to heavily wooded and has rolling topography and numerous wetland areas. A majority of the southern portion of the site will be disturbed in preparation for the proposed buildings and parking lots. The preliminary grading plan shows a street grade slope on the proposed public street in excess of the City code maximum of 6% for a collector roadway. This plan should be revised to reflect street grades below 6% on the collector roadway. All erosion/ sediment control plans submitted for development and grading pen -nits 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 Planning Report — Lone Oak Business Campus October 17, 2006 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. I 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. A majority of the development will drain to the existing pond/ wetland complexes along the northern and eastern portions of the site (Ponds FP -8 and FP -9). The proposed development's storm water management system is designed to maintain existing storm runoff volumes and high water levels in the wetlands. The City's Storm Water Management Plan (December 2005) identifies future pipe outlets for both Ponds FP -8 and FP -9. Public improvement projects providing for these pipe outlets, in accordance with the Storm Water Management Plan, should be approved by the City Council prior to final subdivision approval for this development. Drainage & utility easements should be provided on all ponding areas to three feet (vertical) above the calculated 100 -year event high water level. Utilities — The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main lines of sufficient size, depth, and capacity are available along the western edge of the site to serve the proposed development. The City Water Supply & Distribution Plan identifies the need for a 12 -inch diameter trunk water main along Lone Oak Road (from Lone Oak Drive to the proposed public street) to provide adequate flows and pressures for this development and future development of the area. -The developer has the option of installing this 12 -inch privately at their own expense, or petitioning for this improvement as a public improvement project. If it is petitioned, the public improvement project providing for this trunk water main extension should be approved by the City Council prior to final subdivision approval for d development. Streets/ Access/ Circulation — Public street access is proposed via public collector roadway to be constructed north -south through the development. This public street will intersect with Lone Oak Road (County Road 26) to the south, and is planned to intersect with O'Neill Drive to the north with future extension and development as part of the overall roadway network in the northeast Eagan area. The location of the public street's intersection with Lone Oak Road is under review by the Dakota County Transportation Department as part of access management along Lone Oak Road in both Eagan and Inver Grove Heights. The developer also proposes private street driveway access to Lone Oak Road in three other locations. Dakota County has indicated that three private, accesses do not meet their access spacing guidelines. These accesses will likely not be allowed unless they meet the spacing guidelines (1/8 mile from a full access) and only when Lone Oak Road is reconstructe& to a four -lane roadway with a divided median to restrict the access to right -in/ right -out turning movements only. The reconstruction of Ione Oak Road is not scheduled on Dakota County's Capital Improvement Plan within the next five years, I1� Planning Report — Lone Oak Business Campus October 17, 2006 Page 9 and, therefore, the private accesses will not available in the near future. The internal roadway/ service drive system should be modified to reflect this restriction of access to Lone Oak Road. A traffic study was completed by the City's. consultant, SRF Consulting, to evaluate the Lone Oak Business Campus and other nearby development proposal impacts to key intersections in the northeast Eagan area. The study indicates that all intersections are expected to operate at acceptable levels of service in 2007 assuming that additional westbound and eastbound through lanes are constructed on Highway 55 (from Highway 149 North and Highway 149 South), and that an additional left -turn lane is constructed on Highway 55 at Lone Oak Road. This study, along with the Northeast Eagan Area Wide Traffic Study (May, 2005) also evaluated the various transportation related impacts and the associated improvements necessary due to continued traffic growth and development in northeast Eagan. With previous development in the area, specifically the Grand Oak subdivision, the City Council approved a condition obligating developers to contribute financially to fund these future roadway improvements, based on the projected increase of traffic generated from those developments. At time of City subdivision approvals, this development should accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the study. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements and any unused amount will be returned to the payers within ten years of full development of the properties within the study area. Pedestrian access is provided with six-foot wide sidewalk and eight -foot wide trail along the public street within the development. Easements/ Permits/ Ri t -of -Way — The developer should provide temporary public easement over the temporary cul-de-sac at the north end of the proposed street. The developer should obtain all necessary permits from Dakota County for any work within the Lone Oak Road right-of-way. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: 11� Planning Report — Lone Oak Business Campus October 17, 2006 Nee 10 Improvement Use I Rate I QuanflyAmount Storm Sewer Trunk C/I ISO.1591sf 971,388 sf $154,450 Water Trunk C/I 1 $2,430/ ac 55 ac $133,650 Total $28S,I U0 Water Quality — This proposed 85 -acre development, located in the northeast comer of the City, includes portions of two recreational class waterbodies (Class IV - Wildlife Habitat), according to the City's current water quality management plan (WQMP). Both are also state public waters: Shanahan Lake (DNR# 19-0054P), which is within a City Shoreland Overlay District, and Unnamed Wetland (DNR# 19-0256W). As part of the ongoing process to update Eagan's WQMP in early 2007, ecological assessments of the two public waters were conducted in Fall 2005 using standard (Minnesota Routine Assessment Method) approaches. The assessments indicate both waterbodies have high ecological quality, primarily because they are not connected to the City's stormwater drainage system. Water quality data collected in 2005 by City staff also indicate Shanahan Lake has very good water quality, nearly similar to Heine Pond for phosphorus and nearly similar to Fish Lake for water clarity. Heine Pond has the City's lowest phosphorus levels and Fish Lake is among the best for clarity. The 2005 phosphorus level in Shanahan Lake is lower than that measured in 1983. For over 16 years, the City has required new developments to address increased phosphorus runoff with the goal of maintaining the integrity of downstream recreational waterbodies. Typically, stormwater ponds have been required with an assumed minimum phosphorus retention standard of 70 percent. In addition to providing proper ponding, new developments are also required to provide mitigative measures if the development results in an increase in the phosphorus concentration of downstream recreational waterbodies. Such measures shall include but not be limited to: reducing impervious area, constructing additional treatment ponds, treating stormwater discharge through other means, or contributing cash in lieu for mitigation as determined by the City. Preliminary analysis by City staff of modeled runoff from this proposed development when using traditional treatment ponds suggested Shanahan Lake water quality would degrade significantly because of a two -fold increase in both phosphorus load and runoff volume, as compared to existing, pre -development conditions. In direct response to this issue, the developer proposes to achieve up to 96% reduction in the post - development phosphorus loads by modifying the outlet structures of the treatment ponds. These modifications would dramatically increase storage times in the ponds, allowing retention of up to 5 - year storms and infiltration through side slopes of the ponds. In the final plans, the developer also proposes to incorporate vegetated buffer strips, rain gardens, infiltration basins, or other low -impact Best Management Practices as needed to reduce phosphorus load and runoff volume bather. 117 Planning Report — Lone Oak Business Campus October 17, 2006 Nee I1 The proposed treatment ponds are associated with only a portion of the runoff not the entire site. The amount of land area that drains stormwater off-site without treatment is subject to a water quality cash dedication payable at the time of final plat or building permit, whichever occurs first. Wetland Delineations — The wetland delineation report for the project site (McCombs Frank Roos Associates, lnc.; MFRA# 1605 1) identifies the two abovementioned public waters and ten other wetlands. The developer's consultant evaluated the boundaries and characteristics of the wetlands using widely accepted methods. Any proposals to impact the bed of the public waters are subject to the Public Waters Work Permit Program, under jurisdiction of the Minnesota DNR. Any proposals to impact the ten other wetlands by draining, filling, or excavating are subject to Minnesota Wetland Conservation Act Rules (WCA Rules) (Minn. Rules Ch. 8420), under -jurisdiction of the City of Eagan. Wetland Ecological Assessments — Preliminary wetland management classifications being developed in the WQMP update process indicate the two public waters wetlands would receive the highest level of protection. Approaches for this management classification may include: 1) avoidance of any impacts without demonstration of significant public benefit; 2) minimum natural vegetation buffer widths of 50 feet and average buffer widths of 75 feet; 3) 25 -foot no -grade zone around wetlands; and 4) 25 -foot stracture setback from outer buffer edge. The other 10 wetlands would be protected according to WCA Rules: The developer is proposing an average setback of 75 feet to structures and an average buffer of 30 feet to grading limits for Unnamed Wetland. These distances are exceeded around Shanahan Lake. Wetland Replacement Plan — The developer proposes 1.14 acres (49,148 square feet) of fill impacts to seven of the ten wetlands. The plan proposes to replace these impacts by creating 52,860 square feet of new wetland and by claiming 123,385 square feet of public value credit for construction of stormwater treatment ponds and establishing wetland buffers. The proposed amounts of on-site replacement exceed the minimum 2:1 standards of the WCA rules. Effective September 8, 2006, the City determined the developer's wetland replacement application was complete. The City has not called for a review by its Wetland Technical Evaluation Panel. A decision on the wetland replacement application is scheduled for November 9, 2006, Tree Preservation — A tree inventory submitted with this application indicates that there are twenty-one (2 1) significant trees and 977,393 square feet (22.4 acres) of significant woodlands in the inventory. The significant woodlands on this site are comprised mostly of softwood deciduous trees such as elm, boxelder, and cottonwood trees, along with scattered areas of conifer trees and some areas of hardwood deciduous (oak) trees. According to the conceptual Tree Preservation Plan submitted, the development as proposed will result in the removal of eighteen (18) of the twenty-one (2 1) significant trees (86 % of the total), and in the removal of 501,254 square feet of the significant woodlands, (51% of the total). Planning Report — Lone Oak Business Campus October 17, 2006 Page 12 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 and significant woodlands. Required tree mitigation calculates to one -hundred seventy-eight (178) Category B trees. The applicant has not submitted a Tree Mitigation Plan. Landscaping — The City landscape ordinance requires that tree mitigation be provided in addition to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the landscape ordinance standards, absent any mitigation plantings. A Conceptual Landscape Plan has been provided, but lacks sufficient detail to determine compliance with the City's landscape ordinance. Also, the Tree Mitigation Plan has not been submitted, and that must be satisfied before determining landscape compliance. The conceptual landscape plan identifies in general overstory, ornamental, and evergreen trees; shrub massings and prairie grasses and wildflowers. For this scale of conceptual plan, foundation plantings were omitted. Overstory trees are shown along the new north -south public street, along the private access drives and'in parking lot islands. Shrub massings are located near ponding areas. A more detailed landscape plan will be required at the time of Final Planned Development for each lot/building. Landscaping should be in addition to required mitigation. Each Final Landscape Plan should include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. Parks — The North East area of the City has been designated for commercial development and is being planned and developed accordingly. Several other large scale corporate developments such as the "Waters" business park are already in existence. Because of the area designation, and subsequent lack of existing or future residential elements, the current park systems plan does not identify a need for park land in the Northeast area. The closest existing residential developments are located to the south, separated from the development site by State Highway 55, and are contained within the service area of Bur Oaks Park. Bur Oaks Park is one of the larger neighborhood parks in the City system. For these reasons, it may be appropriate to consider that the park dedication requirements for the Development be satisfied through a cash dedication. Currently, the cash dedication for the Development would be calculated by applying the appropriate Commercial rate, as specified in the existing Park Dedication fee schedule, to the area of `buildable land" calculated from the final approved site plan. In very general terms, the definition for `buildable" includes that area of a site outside of wetlands, having slopes less than a predetermined grade, minus those areas of the development that are, or will be, covered by easements. An alternative method, which would utilize a formula based upon the size of the building to determine the amount of dedication for commercial/industrial developments, is currently being evaluated. //I Planning Report — Lone Oak Business Campus October 17, 2006 Page 13 Should this project area be developed in phases, consistent with the overall plan, the dedication amount would be calculated on a lot by lot basis at the time the building permits are applied for, versus a single phase development for which a single dedication would be collected. The method of calculating the dedication would be determined by the method applicable at the time of application. Trails — The Development proposes, in concept, a number of trails and sidewalks, some of which are designated as "future." In general, credit towards a cash trails dedication is considered on a lineal foot basis only for those trails that have "public benefit," are built to City specifications, and/or are requested specifically by the City. Trails and sidewalks considered to be primarily internal to a site with minimal potential for connectivity to the City system or of low recreational value are not considered for credit. The Development will be seeking credit fora number of trails that it considers to be of "tremendous benefit to the business employees and area residents." An internal link to the existing City trail system on Lone Oak Road is proposed. In addition, the site does abut an area of Inver Grove Heights that may be developed as residential and will be connected to Eagan via a new road corridor, though the bene0ts to Eagan are difficult to evaluate at this time. Because of the connectivity that sections of the internal and external trails could provide, and the apparent public purpose and consistency with the Eagan Transportation plan, it may eventually be appropriate to consider a credit towards the cash trails dedication of the Development. Other "future trails" as currently depicted, lack definition. Any future credit will be determined through discussions with City staff as details emerge. As with Park Dedication, should the development be built in phases, consistent with this concept plan, the amount of credit and subsequent dedication amount would be calculated on a lot by lot basis. Building Architecture/Elevations — The submittal included architectural samples to illustrate the style and materials the developer intends to utilize in this development. Without specific building plans in the Preliminary Planned Development, this development will be subject to the City's architectural standards ordinance for Research and Development zoning. Compliance with ordinance requirements will be determined at the time of Final Planned Development for each building. Signage — One entry monument sign is shown at Lone Oak Road east of the proposed new north —south street through the site. The development should be subject to the provisions in the City's Sign Code. The City Sign Code allows one monument sign for each building. The sign cannot exceed 7 feet in height, with a sign message area not exceeding 4 -feet in height. To create uniformity throughout the Planned Development, all monument signs should be consistent in design and size, and be constructed of the same materials. Parking — Number of Stalls — The Site Plan provides for internal site circulation between parking lots. The required minimum amount of parking should be provided for each building. The /av Planning Report — Lone Oak Business Campus October 17, 2006 Paae 14 parking calculations were evaluated based on the anticipated future lot lines, and the office/warehouse split provided in the proposal. City Code requires one parking stall for every 150 sq. ft. of net leaseable office space. For warehouses space, the minimum is one stall for the first 6,000 sq. ft. plus one stall for every 1,000 sq. ft. above 6,000 sq. ft. Applying these standards to the development plan, Buildings 2-5 satisfy the minimum requirements, Buildings 1, 6 and 7, do not. Proposed Parking Required Parking Building 1 258 Building 2 223 Building 3 461 Building 4 526 Building 5 178 Building 6 933 Building 7 933 Proposed Parking Difference 253 - 8 229 + 6 465 + 4 615 +89 214 +36 669 -264 841 - 92 The difference between the parking required and parking provided for Buildings 1, 2, and 3, are in the single digits. With the scale of this development, these differences are unlikely to impact the functioning of the site. However, Buildings 4 and 5 have a substantial excess of parking (89 and 36 stalls) and Buildings 6 and 7, have significant shortfalls of parking (264 and 92 stalls), even taking into consideration the underground parking provided for these two buildings. The applicant's narrative addresses the parking shortage for Buildings 6 and 7, indicating "based upon past experience and tenant requirements, that one (1) space/200 s.f is adequate," as compared to the one stall per 150 s.f. required by City Code. Using the 1/200 ratio proposed by the applicant, Buildings 6 and 7 would require 700 parking stalls each. The narrative further states "If additional spaces are required by an actual tenant that exceeds the number provided we will provide these spaces in structured parking thereby not effecting the total green space." Parking — Dimensional Standards — City Code requires parking stall dimensions of 10' wide by 19' deep. Driving aisles should have a minimum width of 24' for a two-way aisle. The Site Plan shows 9' x 18' .stalls; driving aisles are 24' wide. The proposed parking stall size is a deviation from ordinance standards. The City has approved parking stall widths as narrow as 9 feet in other developments where parking turnover and activity is limited. A reduced parking stall depth has been found to be acceptable only for single -loaded stalls, which allow vehicle bumpers to overhang the curb, thereby reducing the depth needed to accommodate vehicles without overhang into the driving aisles. Double -loaded stalls are bumper to bumper, with no overhang. The full 19 -foot depth should be provided on the double loaded parking stalls. In this proposal, all parking stalls, including the double -loaded stalls, are proposed at 18 feet deep. The deviation in parking stall dimensions can be approved as part of a Planned Development however, the -acceptability the reduced parking stall size is a policy matter to be determined by City officials. Site Lighting Plan — A Site Lighting plan was not submitted with this Preliminary Planned Development. The Site lighting plan will be required with the Final Planned Development for /Q' Planning Report— Lone Oak Business Campus October 17, 2006 Paee 15 each building. Lighting fixtures should be consistent throughout the development. Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 foot- candles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to -minimum uniformity ratio not greater than 4:1. Site fighting will be reviewed for compliance with these standards at the time of Final Planned Development for each building. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development to create an office development upon approximately 85 acres located north of Lone Oak Road and west of the Inver Grove Heights border. The development site contains several wetlands and a shoreland protected lake as well as scattered wooded areas. The development proposal consists of seven buildings with 674,000 sq. ft. of commercial office and warehouse space. The scale of the proposal required submittal of a mandatory Environmental Assessment Worksheet (EAW). The EAW was submitted with this proposal and the City Council made a negative declaration on the need for an Environmental Impact Statement on October 17, 2006. Application for wetland replacement plan approval has been made and is pending. Approval of the wetland replacement plan must occur before approval of the Preliminary Planned Development. The development site will need to be subdivided and platted, and a Final Planned Development will be required for each building. Shoreland zoning applies to approximately % of the site. The shoreland zoning standards are applied in conjunction with the base land use zoning for the property and contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height. Through the Planned Development, flexibility in typical zoning standards can be accommodated to encourage creative site design, efficient use of the land, and preservation and enhancement of desirable site characteristics and natural features, This Preliminary Planned Development provides site design and infrastructure plans for the entire 85 -acre site. More detailed plans for landscaping, tree mitigation, site lighting and building architecture and elevations will be required for the Final Planned Development approval for each building. The Preliminary Planned Development proposes the following deviations to typical ordinance standards: green space and building coverage for the entire site rather than individually for each lot or building, two five -story buildings likely exceeding the 35 -foot height limit of the shoreland district, impervious coverage area exceeding 256/o in the shoreland overlay district, parking setbacks less than 20' from the public right-of-way and adjacent property, reduced parking stall size and a reduced number of parking stalls. The acceptability of these deviations is a policy matter to be determined by City officials. lad Planning Report — Lone Oak Business Campus October 17, 2006 Paae 16 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development to create an office commercial development upon approximately 85 acres located north of Ione Oak Road and west of the Inver Grove Heights border in the SE'/a of Section 1. If approved, the following conditions shall apply: The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 68% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 19 feet in depth. 8. If additional parking, spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such -that- the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed five stories and 35 feet in height. 143 Planning Report — Lone Oak Business Campus October 17, 2006 Paae 17 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule and planting specifications and notes. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consisted throughout the development Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply with the City's architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13: Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect.) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit maybe granted, upon staff review, for on-site trails determm�ed of provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5 -year storms and infiltration through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in the post - development phosphorous loads. Vegetated buffer strips, rain gardens, infiltration basins, and other low -impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. ION Planning Report — Lone Oak Business Campus October 17, 2006 Pape 18 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. 23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. 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. 27. 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. 28. Public improvement projects providing for pipe outlets for Ponds FP -8 and FP -9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. /a,g� Planning Report — Lone Oak Business Campus October 17, 2006 Page 19 31. The internal roadway/ service drive system of the site plan should be modified to reflect restriction of access to Ione Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. 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. 34. 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. 35. 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the City Attorney). 38. 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. 39. 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. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. Planning Report — Lone Oak Business Campus October 17, 2006 Palle 20 42. 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 two years after the date of City certified compliance. 43. 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. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 45. A more detailed landscape plan will be required at the time of Final Planned Development for each lot/building. Landscaping should be in addition to required mitigation. Each Final Landscape Plan should include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. W Eagan Boundary rught�or,aay Location Map E° park Area andiding Footprint v MENDOTA HEIGHTS Q O W W O O ® e , Subject Site b b � . o one o n R��Kegy •�• . - b o� 4�pe� nth ® e Egg 1000 0 1000 2000 Feet Development/Developer. Lone Oak Business Campus Application: Preliminary Planned Development Case No.: 01 -PD -0408-06 �i;{,. B8Q8Il ttepptepasd udM FA31 MNYw it Pe1N bene mW deo praddetl by Odmle Coait'gOw W GlBeitl n asranto otApN xn FOR REFERENCE YEE ONLY N W E -"J of The City of Eagan THIS MAP IB INTENDED and Dakota Coup ds not guarantee the aeeumey of this hdonnation and aro S Geunmlty Oevelopmem se"nene t not responsible for errem or emission& Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development m a aw aoP Pw+ Lone Oak Business Campus Prelim. Planned Development 01 -PD -0408-06 Comprehensive Guide Plan Land Use Map SA ( \ 2 SA ISA l / to-waldenaal r Subject Area Current Land Use Designation: SA Special Area ase s we +ass aw+ Comprehensive Guide Plan Land Use Map SA ( \ 2 SA ISA l / to-waldenaal Subject Area Current Land Use Designation: SA Special Area ase s we +ass aw+ P.M." 0r C..ft a. ze n.w�o.awsxoos. N {j}p� /�� z.Nro aan..nvP wNWwJ hmb can Qj Ealap / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 5 The CRY of Eauen and Dakota Coanty do not guaranbe the aee ay of this Information. S : Eiy lA . �•.. l". lA � 7t gipp�{{ Cj i t � •� i is r` •lit 9 @ :. , � ,r '.�,.; ,. , .. "°" _ `". liiiAv oilyr�!'': i ,y., • ` ,�� :�.'..`:. ,'„ i i ®.tee,,,. 1 i /, ''�` : � ..�..� .ala•. ..: �.::.. i 111,' ..'�'. !.. �_=. t" �.v)l!• ';'I ; ( %'^i.,.' .. �t. :. _:__.' . .. MVV+ti�,� ` '' ^�.:, _.. .% •'� �@@rtflll@8€8!8$64@@@@@ ,_: r'-' `, \ ,,.-f :. E 9 V ': � .. �„„gNgk,y,•„q,q,li„ — a ' • � 99§I � see a efl e illi ' [lulll ..�: 11 jai . ;,�': , ,i ''4,•?���: 6 to a � a-. � �llfltttlll � f I EXISTING CONDITIONS/TREE INVENTORY j[ rip, 00” LONE OAK 'zcBUSINESS CAMPUS :�FAGAN, MNwKm 130 GIFT OF MARY r- - - - - p AUD. SUB. NO. 38 5 C &KH- NO. 28 (LONE OAK RD =":«=51'i: --#= - - - , - - I11; PRELIM. PLAT LONE OAK BUSINESS CAMPUS EAGAN, MN Lf 131 GRADING PLAN i ( me LONE OAK A� i=0m BUSINESS CAMPUS Ill Edi^0= FAGAN,MN a!f 0Km s l3� s j'(�f'���IIf'' • a �(�f alai Na GRADING PLAN i ( me LONE OAK A� i=0m BUSINESS CAMPUS Ill Edi^0= FAGAN,MN a!f 0Km s l3� l 133 STREET & UTILITY PLAN _� r_ IOIE AK i "Jill r BU INEGSN� CAMPUS 7 %O Lk lip uo, SITE PLAN LONE OAK BUSINESS CAMPUS nw- EACIM, MN I? 13s- oil TIERING PLAN (SHOhELAND) ol 13P I ca LANDSCAPE PLAN LONE OAK BUSINESS CAMPUS FAGAN, MN T U S H I E MONTGOMERY ARCHITECTS August 30, 2006 Mike Ridley City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Lone Oak Business Park Dear Mike: At the applicant meeting on Wednesday, August 23, 2006, Staff raised four issues that need clarification. We offer the following responses/clarifications: Parking shortage for five -story office buildings: The proposed site plan shows 2 - five -story buildings with 175,000 s.f. in each building and 1,510 parking spaces. The parking ratio required by ordinance is one (1) space for every 150 s.f. of leaseable office space. The leaseable area for the building is 350,000 x (.80) = 280,000 s.f. By ordinance we would need 1,867 spaces. We feel that based upon past experience and tenant requirements that one (1) space/200 s.f. is adequate which would require 1,400 spaces and we have provided 1,510. It is our understanding that this reduced number of spaces has been allowed on other projects in Eagan, therefore we would not be setting a precedent by asking for this reduction. However, if additional spaces are required by an actual tenant that exceeds the number provided we will provide these spaces in structured parking thereby not effecting the total green space. The balance of the buildings meet your ordinance. 2. Park trails as a portion of the parkdedication fee: We have shown an extensive trail system though -out our development that also provides possible future connections to adjacent properties. An extensive trail system in this area of the City would be of tremendous benefit to the business employees and area residents as well. The proposed trails would connect the natural features of the site and all proposed buildings. Without these trails, public access to this unique natural feature would not be provided. 3. Wetland setbacks: Staff has requested that we provide an average 75' setback to wetlands from buildings and parking and an average 50' to grading limits. We understand that this may be an ordinance in the future but currently is not. The current ordinance requires an average 40' setback to structures and an average 25' to proposed grading. Our plan provides an average of 75' to structures and an average of 30' to grading limits for the southeast wetland. These setbacks are far exceeded for the large northern wetland / lake area. RECEIVED AUG 30 2006 137645 A 7645 Lyndale Avenue South, # 100 Minneapolis , Minnesota 55423 I 612 . 861 . 9636 Fax: 612 . 861 . 9632 www.tmiarchitects.com City of Eagan Lone Oak Business Park August 30, 2006 Page 2 of 2 4. Tree Preservation: The City ordinance requires that 52.5% of all significant trees be preserved on the site (maximum 47.5% removal). Many of the existing trees were planted as part of the original farmstead and subsequently by the previous landowner as a tree nursery and as such are not native original growth vegetation. In addition, the unusual natural features of this site makes it difficult to maintain the desired tree preservation. The natural lake and adjacent wetland areas consume a large portion of the site, and at the same time do not contain many of the existing significant trees. Preserving these wetland areas was a higher priority than actual tree preservation. In addition to preservation of these wetland / lake areas, we exceeded the City requirement for green space. City ordinance requires this development to have 1,817,171 s.f. of green space and we have provided 2,252,806 s.f. This requires that the balance of the site be used for development uses. We have analyzed the tree survey and our proposed site plan and have determined that we can save an additional 188,634 s.f. of forested area by moving the central stormwater pond to between the two office buildings and slightly modifying the grades for the southern and northern stormwater ponds, which can be done at the final development stage submittal. Since we are going to great extremes to preserve and enhance the existing wetland and lake by adding landscape buffers and increasing setbacks, we request that this site be exempt from providing additional mitigation due to tree loss beyond 47.5%. The proposed plan is within 4.5% of the maximum loss allowed by ordinance. This can be summarized as follows: Total Woodland Area 977,393 s.f. Current woodland area proposed to be removed 642,904 s.f. (65.7%) (Proposed Site Plan) Stormwater pond modifications -134.074 s.f.. (reduced removal) to increase woodland preservation Modified Total woodland area proposed to be removed 508,830 s.f. (52%) Allowed tree removal by ordinance 464,261 s.f. (47.5%) If you have any questions regarding this please contact our office. Sincerely, TUSHIE-MONTGOMERY & ASSOCIATES, INC. I • is, i President 11� Agenda Information Memo Eagan City Council Meeting New Business November 9, 2006 D. ACTION TO BE CONSIDERED: To approve a resolution of support for the Cedar Grove Transit/BRT Station Concept Plan. FACTS:' D As part of the redevelopment planning for the Cedar Grove Redevelopment District, the City has pursued transit oriented design approach that will complement and take advantage of the planned Cedar Avenue Bus Rapid Transit route. As part of the planning for that project, the Minnesota Valley Transit Authority has retained TKDA to develop a concept plan for phased implementation of a transit station at the west end of the Cedar Grove Redevelopment Area. At one point in the Cedar Grove Redevelopment Planning process, the City had considered a redevelopment design that would have located a short and medium term park and ride near the east end of the Cedar Grove Area, because it appeared that it would be some time before a future BRT station on the west end could be implemented More recently, it was determined that a phased approach to the west end station could be undertaken that would permit the investments in transit at that location to serve the long term BRT needs as well. D TKDA has worked with MVTA, its Development Committee and City staff to develop a conceptual approach to the project that could serve as a traditional park and ride in the short term and as a transit station for a center running BRT station in the long term, by connecting the parking location to the BRT platforms with a pedestrian bridge. As the City's liaison to MVTA, Counedmember Tilley has participated in these discussions together with staff. Y At its meeting of October 25, 2006, the MVTA Board received a presentation of the concept plan by TKDA and voted to approve the concept as the basis for further discussions with MnDOT on the transfer of excess right of way, the development of phase plans and the ultimate construction of the first phase of the project As part of that action, the Board requested that a presentation be made to the Eagan City Council and that the Council be asked to consider a resolution of support for the project TKDA staff will be present at Thursday's meeting for that purpose. ATTACE[MIENTS: MVTA letter on page mb ➢ Summary of project timeline and preliminary budget on pagestL� i 3 through ➢ TKDA presentation materials enclosed without page number. D Resolution of support on pagejM,�_. 141 Minnesota Valley Transit Authority 100 East Highway 13 • Burnsville, MN 55337 51 Ph. (952) 882-7500 • Fax (952) 882-7600 • E-mail: mvta@mvta.com November 2, 2006 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: At the October 25, 2006 meeting of the Minnesota Valley Transit Authority (MVTA) Board of Directors, we had a presentation by consultant TK -DA regarding the Cedar Grove project. At that meeting, the MVTA accepted the concept presentation. Further, it was suggested that a time be scheduled on an upcoming Eagan City Council agenda to present the status of this project. We understand that this item has been placed on the November 9, 2006 Eagan City Council agenda. Tery Olsen of TKDA has been coordinating the work on this project, and will lead the presentation. After the presentation, the MVTA is requesting a resolution of support from the City Council. A draft of such a resolution is attached. Upon presentation to your Council, information will be forwarded to the full Cedar Group to determine the next steps. We look forward to seeing you next week. Sincere! , Beverle Miller Executive Director c: Meg Tilley Jon Hohenstein - Terry Olsen - Public transportation for Apple Valley, Burnsville, Eagan, Rosemount, and Savage Iqa WTA Board Meeting Status Report October 25, 2006 Cedar Grove Transit Station 1. As a recap, TKDA was originally asked to evaluate 3 different Alternatives. The goal was to provide parking and increase as needed, anticipating 123 parking spaces by year 2010, 156 spaces by year 2020, and 204 spaces by year 2030. These Alternatives were as follows: a. Concept 1A: Investigate two Cedar Grove Park and Rides, East and West, with the east location in the proposed Cedar Grove Gateway Development and the west location to tie to the future center -running BRT. b. Concept 1B: Investigate a Cedar Grove West Park and Ride on Nicols, to tie to the future center -running BRT. c. Concept 2: Investigate a Diffley Road Station initially on the northbound and southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station on an enlarged Diffley Road overpass structure. d. Concept 3: Investigate a Diffley Road Station initially on the northbound and southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station midway between Diffley Road and Highway 13. 2. On 2/22/06 MVTA and TKDA held a technical meeting with representatives from MNDOT, Dakota County, Metropolitan Council, and the City of Eagan. This group concluded the most appropriate solution to serve the Transit -Oriented Development and the other BRT passengers would be Alternative 1B, which became the Selected Alternative. Phase One would be a park and ride serving the neighborhood. Phase Two at this location would link to a center median - running BRT and a circulator bus in this location. 3. At the MVTA Board meeting 4/26/06, TKDA was given authorization to omit the work related to Alternatives 2 and 3 and use that time to further develop Selected Alternative IB, including developing a three-dimensional computer image from Cedar and one from Nicols. 4. On 6/5/06 eight separate examples of possible parking layouts for the Selected Alternative were developed and reviewed by representatives of MVTA, the City of Eagan and TKDA. Parking count, topography along Cedar, setback for possible future MNDOT right-of-way and roadway expansion, roadway alignment with Cedar Grove development, and topography along Nicols were discussed. A "kiss and ride" with sight -lines to the. circulator bus function was added. 5. On 6/20/06 TKDA assisted MVTA at the Cedar Avenue Bus Rapid Transit Open House at the Dakota County Western Services and displayed a preliminary conceptual image selected from several possible images. Consideration for CPTED (Crime Prevention Through Environmental Design) was applied to the design. 6. On 9/28/06 TKDA prepared and presented a preliminary construction cost estimate and a preliminary working schedule based on critical tasks / triggering events to representatives of MVTA, Dakota County, and the City of Eagan. Preliminary budgets for capital expenses as well as on-going operational and maintenance expenses were plotted and discussed. The timing of building the first parking lot after the Circulator Bus station would be built was discussed, with conclusion that to assist with short-term operational costs, current MVTA bus routes could be modified to service the Cedar Grove area prior to construction of the park and ride lot. One critical timing item is that MNDOT needs to put this on their schedule and budget funding for their engineering review of future lane modifications and anticipated exit ramp changes from Cedar northbound to Highway 13, prior to releasing the property to MVTA. 7. Images based on Triggering Events will be displayed at the 10/25/06 MVTA Board meeting. TKDA Status Report Page 1 1q3 October 25, 2006 PROJECT: Minnesota Valley Transit Avenue. Eagan A)Cedar Grove Transit Station LOCATION: Nicola Road and Cedar Avenue, Eagan DRAFT PROJECT NO. 0013621.000 Preliminary. Opinion of Probable Cost -October 25, 2006 Estimate is based on providing minimum 123 parking stalls in Phase 1 2010-2020 (140 actual); Estimate is based on providing minimum 158 parking stalls in Phase 22020-2030 (274 actual); Estimate is based on providing minimum 204 and parking stalls in Phase III beyond 2030 (274 actual) Third level adds 132 stalls for 408 stalls. No demolition costs, business relocation costs, or remediation costs anticipated. Escalation for inflation beyond 2006 not included. ITEM ESTIMATED NO. DESCRIPTION QUI UNIT s�w�.�y� 0 ,g®• JprC1 i(�� , ENGINEERS - ARCHITECTS -PLANIM UNIT TOTAL ESTIMATE PRICE AMOUNT ESTIMATED LAND ACQUISITION COSTS - SEQUENCE 1 1 Sale from MNDOT Land Conveyance Assumed, government entity to government anti 6 Acres $ 1.00 $ 1 2 Engineering report I traffic study for MNDOT 1 each $ 25,000.00 $ 25,000 TOTALSEQUENCEI $ 25,001 SURFACE CIRCULATOR BUS PARKING/LOADING/TURN AROUND - SEQUENCE 2 1 Concrete Paver Drive -Permeable Paving -ez sed granite aggregate 18,388 S.F. $ 16.10 $ 296,018 2 Concrete Curb and Gutter 769 LF. $ 34.02 $ 26,161 3 Concrete Paver Sidewalk - Permeable Paving -colors 4,564 S.F. $ 15.04 $ 68,621 4 Gress in Median 7,710 S.F. $ 0.06 $ 435 5 Grass South of Bus 21,676 S.F. $ 0.08 $ 1,224 6 Interlocking Masonry Reinforced Retaining Walls -2'-8" high average 830 S.F. $ 156.73 $ 130,087 SUBTOTAL $ 522,546 CIRCULATOR BUS STATION AND CANOPY - SEQUENCE 2 1 24'x 48' steel frame sWcturewith brick or a befter material than recast or concrete block 1,152 SF $ 175.47 $ 202,143 2 Roof 1,170 S.F. $ 6.38 $ 7,463 3 Fooling 3 C.Y. $ 669.76 $ 2,143 4 Foundation Well 520 S.F. $ 24.13 $ 12,549 5 Concrete Floor Slab 890 S.F. $ 6.19 $ 5,507 6 Doors (Pairs) - - 4 EA $ 3,892.56 $ 15,570 SUBTOTAL $ 245,375 TOTAL SEQUENCE $ 767,921 EXCAVATION AND GRADING - SEQUENCE 3 1 Excavate and Haul OB Site 3 6-CY du tacks, 4 mile round tri 2,546 C.Y. $ 24.07 $ 61,287 2 Cut and Fill with Onsite Material (200 HP dozer, 300' haul, 4" lift, 4 passes) 15,702 C.Y. $ 19.82 $ If 311,203 SUBTOTAL 372,489 SITE LANDSCAPING - SEQUENCE 3 1 Top Soil ' 2,865 C.Y. $ 37.21 $ 106,603 2 Sod or Erosion Control Blanket with Seed 32 MSF $ 900.48 $ 28,365 3 Seed Grass 75,541 S.F. $ 0.04 $ 3,046 4 ISIvubs Allowance including muldL entrance and visual Interest areas 5D0 Each $ 40.00 $ 20.000 5 Trees Allowance lnd Ing mulch, 30' O.C. along street and highway frontage 500 Each S 500.00 S 250,000 6 Ornamental Metal Fence (8' high, 2" posts, Painted) 1,409 S.F. S 73.66 $ - 103,784 SUBTOTAL S 511,798 STORM WATER RETENTION POND - SEQUENCE 3 1 Excavation and Final Gmdin Cut and FIII with Onsite Material 2,400 C.Y. $ 19.82 $ 47,566 2 Top Soil 435 C.Y. $ 37.21 $ 16,188 3 Plant Materials - Erosion Control Blanket with Aquaflc Grass Seed 2 MSF $ 900.48 $ 1,531 SUBTOTAL $ 65,283 SURFACE PARKING LOT/PICK-UP/DROP OFF/TURN AROUND - SEQUENCE 3 1 lConcrate Curb and Gutter - 664 LF. $ 34.02 $ 22,589 2 Concrete Paver Sidewalk - Permeable Paving - colors 2.848 1 S.F. 1 $ 15.04 $ 42,791 3 As hatt Drivewa - 4" binder course, Y Bituminous Wear Course, Substrate First Lift ate Base 3,041 S.Y. 1 $ 23.77 $ 72,268 4 Asphalt Parking Lot 1,844 S.Y. 1 $ 23.77 $ 39,054 5 Asphalt Drop Off 1,397 S.Y. 1 $ 23.77 $ 33,204 6 Gress in Median 1,571 S.F. 1 $ 0.06 $ 89 7 Grass East of Drop Oft 1,638 S.F. $ 0.06 $ 92 8 Signage ssibility and Directional. Allowance 8 FA $ 101.75 $ 814 9 Paint Striping 19 STALL $ 20.09 $ 382 10 Handicap Symbol 8 EA. $ 104.18 $ 833 SUBTOTAL $ 212,125 LEVEL 1 SURFACE PARKING - SEQUENCE 3 1 Concrete Curb and Gutter 598 LF. $ 34.02 S 20,344 2 Concrete Wali Panels (Length X 41 3,457 S.F. $ 73.35 $ 253,800 3 Concrete Drive Surface 48,058 S.F. $ 37.06 S 1,781,020 4 Signage sslbllity and Directional, Allowance 20FA S 101.75 $ 2,035 5 Paint Striping 14057 $ 20.09 S 2,813 SUBTOTALI I I $ 2,059,912 TOTALSEQUENCE31 I 1 1 S 8,221,507 10/1912006 Page114� MVTA_CG_Cost_R"mmged_For Board PROJECT: Minnesota Valley Transit Authority ( MVTA) Cedar Grove Transit Station LOCATION: Nicola Road and Cedar Avenue, Eagan PROJECT NO. 0013621.000 DRAFT i KDA STAIR AND ELEVATOR CIRCULATION LINK - SEQUENCE 4 1 Electric Passenger, Base Unit 2000 LB, 200 FPM, 4 Stop, Standard Finishes 1 EA.. $ 170,757.28 $ 170,757 SUBTOTAL $ 170,757 PEDESTRIAN SKYWAY OVERPASS AT CEDAR - SEQUENCE 4 1 2 Enclosed Towers with 2 stop elevators to skyways - at Transit Stations & to pariting structure 2 FA $ 202,214.63 $ 564,429 2 Enclosed Pedestrian Skyways over Cedar w/ HVAC (42' between stations and 1 50'to parking structure) 2 AVG $3,135,387.07 $ 6,270,734 SUBTOTAL $ 6,835,163 BRT TRANSIT STATIONS - SEQUENCE 4 1 2 17 x 165' BRT Transit stations, steel structure 3,960 S.F. $ 297.99 $ 1,180,033 SUBTOTAL $ 1,180,033 TOTAL BUILDING AND SITE DESIGN SEQUENCE 4 $ 8,185,854 SECOND LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 5 1 132' x 380' reinforced concrete structure with precast panels Wend helix 58,105 S.F. $ 71.87 $ 4,032,101 TOTALSEQUENCES $ 4;032,101 THIRD LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 6 1 reinforced concrete structure with precast panels 56,105 S.F. $ 71.87 $ 4,032,101 TOTAL FOR BUILDING AND SITE DESIGN - SEQUENCE 6 $ 4,032,101 ANTICIPATED TOTAL 2010 THROUGH 2O30 INCLUDED $ 20,264,585 10Ng/2D08 Paget MVTA_CG Cost Reananged_For Board CITY OF EAGAN RESOLUTION NO. 06 - APPROVING CONCEPT PLAN FOR CEDAR GROVE TRANSIT STATION WHEREAS, Cedar Grove has been identified as a specific location to be served by the Cedar Avenue Bus. Rapid Transit (BRT) line; WHEREAS, a variety of sites werereviewed to determine what would be the best location for a park & ride facility — both now and in the future; WHEREAS, through a series of meetings with City of Eagan staff, the Minnesota Valley Transit Authority (MVTA) staff (who has been leading the study), Dakota County, MnDOT and others, the choices have been narrowed and a phased implementation approach has been suggested as outlined today; NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan approve the concept dated September 28, 2006, for the Cedar Grove Transit Station prepared by TKDA for the Minnesota Valley Transit Authority, which establishes a transit presence in the Cedar Grove area in a phased approach, which will ultimately connect to the Cedar Avenue BRT system. 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 91h day of November, 2006. Maria Petersen, City Clerk 110 Agenda Memo Regular City Council Meeting November 9, 2006 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE: A. APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION ACTION TO BE To approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. FACTS: • The local Noise Oversight Committee (NOC) representing the cities of Eagan, Bloomington, Richfield, Mendota Heights, Minneapolis, St. Paul, Apple Valley, Lakeville, Burnsville and others met Oct. 18 to draft legislation concerning community representation on the Metropolitan Airports Commission (MAC). • The committee agreed the legislation would add four new seats to the MAC board. A representative from Eagan, Bloomington, Richfield, and Mendota Heights would fill those seats. The determining factor for those seats is the. 65 DNL noise contour which affects those four cities. In addition to noise concerns, key message arguments for the four new seats will focus on economic and other airport impacts. • If approved by the legislature, the mayor of each. city or by a person appointed by each respective city councils would fill the four seats. • Minneapolis and St. Paul already have permanent representation on the board. The other 13 of 15 seats currently on the MAC board of commissioners are appointed by the governor. The proposal would add four seats and not reconfigure the MAC. The proposal includes options. Option #2 would add two seats — one for the two communities north of the river — Bloomington and Richfield, and one for the two communities south of the river — Eagan and Mendota Heights. Option #3 would add one seat for all communities in the affected areas. Under options #2 or #3 city councils would approve community representatives upon recommendation of the city NOC group. • Past attempts to add or change the MAC have failed at the state legislature; none have made it out of committee. The majority of those proposals were offered by individual communities. The legislation drafted by the city NOC group presents a unified front. • A number of state legislators have indicated their support for the legislation in some form, whether four seats or one. After the election, NOC representatives will contact their state legislators to solidify support of the proposal, and ask them to do the same with their colleagues in St. Paul. • After all city councils approve, the legislation will be drafted and jacketed in December, and ready for the 2007 legislative session. J47 ATTACHMENTS: • Propos�e�d� qlanguage forIG Bill pertaining to representation on the MAC is attached on pages - _ through .. MY Proposed Language for a Bill Pertaining to City Representation on the Metropolitan Airport Commission (2006-2007 Legislative Session) 1.1 A bill for an act 1.2 relating to the metropolitan airports commission; 1.3 adding mayors to the commissioner membership; amending 1.9 Minnesota Statutes 2002, sections 973.609, subdivision 1.5 1; 973.605, subdivision 2; 973.622; repealing 1.6 Minnesota Statutes 2002, section 473.601, subdivisions 1.7 3, 6. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 973.609, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [COMPOSITION.] The commission consists of: 1.12 (1) the mayor of each of the cities of Minneapolis,' St. 1.13 Paul, Bloomington Eagan Mendota Heights and Richfield, 1.19 or a qualified voter appointed by the mayor, for the term of 1.15 office as mayor; 1.16 (2) eight members, appointed by the governor from each of 1.17 the following agency districts: 1.18 (i) district A, consisting of council districts 1 and 2; 1.19 (ii) district B, consisting of council districts 3 and 9; 1.20 (iii) district C, consisting of council districts 5 and 6; 1.21 (iv) district D, consisting of council districts 7 and 8; 1.22 (v) district E, consisting of council districts 9 and 10; 1.23 (vi) district F, consisting of council districts 11 and 12; 1.29 (vii) district G, consisting of council districts 13 and 1.25 19; and 1.26 (viii) district H, consisting of council districts 15 and 2.1 16. 2.2 Each member shall be a resident of the district represented. 2.3 Before making an appointment, the governor shall consult with 2.9 each member of the legislature from the district for which the 2.5 member is to be appointed, to solicit the legislator's 2.6 recommendation on the appointment; 2.7 (3) four members appointed by the governor from outside of 2.8 the metropolitan area to reflect fairly the various regions and 2.9 interests throughout the state that are affected by the 2.10 operation of the commission's major airport and airport system. 2.11 Two of these members must be residents of statutoryor home rule 2.12 charter cities, towns, or counties containing an airport 2.13 designated by the commissioner of transportation as a key 2.19 airport. The other two must be residents of statutory or home 2.15 rule charter cities, towns, or counties containing an airport 2.16 designated by the commissioner of transportation as an 2.17. intermediate.airport. The members must be appointed by the 2.18 governor as follows: one for a term of one year, one for a term 2.19 of two years, one for a term of three years, and one for a term 2.20 of four years. All of the terms start on July 1, 1989. The 2.21 successors of each member must be appointed to four-year terms 2.22 commencing on the first Monday in January of each fourth year 2.23 after the expiration of the original term. Before making an 2.29 appointment, the governor shall consult each member of the 2.25 legislature representing the municipality or county from which lq I 2.26 the member is to be appointed, to solicit the legislator's 2.27 recommendation on the appointment; and 2.28 (4) a chair appointed by the governor for a term of four 2.29 years. The chair may be removed at the pleasure of the governor. 2.30 Sec. 2. Minnesota Statutes 2002, section 473.605, 2.31 subdivision 2, is amended to read: 2.32 Subd. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission 2.33 member shall receive $50 per diem compensation and be reimbursed 2.34 for actual and necessary expenses. The chair shall receive a 2.35 salary as prescribed in section 15A.0815 and shall be reimbursed 2.36 for reasonable expenses to the same extent as a member. The 3.1 mayors and members of the city councils of Minneapolis gad, St. 3.2 Paul, _Bloomington Eagan Mendota Heights and Richfield shall 3.3 not be eligible for per diem compensation. The annual budget 3.4 of the commission shall provide as a separate account 3.5 anticipated expenditures for per diem, travel, and 3.6 associated expenses for the chair and members, and compensation 3.7 or reimbursement shall be made to the chair and members only 3.8 when budgeted. 3.9 Sec. 3. Minnesota Statutes 2002, section 473.622, is 3.10 amended to read: 3.11 473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 3.12 The corporation shall exercise control and jurisdiction 3.13 over any other airport within either 35 miles of the city hall 3.14 of either the city of Minneapolis or St. Paul or within the 3.15 metropolitan area. Control and jurisdiction of the corporation 3.16 over any privately or publicly owned airport shall be limited to 3.17control and jurisdiction of the flight and traffic patterns of 3.18 such airport in the interests of safety of the operation of any 3.19 airport owned or operated by the corporation. No airport shall 3.20 be acquired or operated within the metropolitan area without 3.21 first securing the approval of the corporation, provided, 3.22 however, such approval shall not be withheld except after notice 3.23 to all interested parties and a public hearing held thereon, as 3.24 provided in section 360.018, subdivision 7, and then only upon a 3.25 finding by the corporation that the acquisition or operation of 3.26 such airport would create a flight hazard to any airport or 3.27 airports owned or operated by it. As to any airport once 3.28 licensed with the approval of the corporation, approval of the 3.29 continued operation of such airport shall at no time be 3.30 withdrawn by the corporation except after notice to all 3.31 interested parties, a public hearing had, and a finding by the 3.32_ corporation -based -on substantial evidence that the -operation of 3.33 such airport is inconsistent with the safety of flight to and 3.34 from an airport owned or operated or presently to be or being 3.35 constructed to be operated by the corporation, and then only 3.36 after payment of just compensation to cover the loss sustained 4.1 by reason of such withdrawal, such just compensation, if not 4.2 arrived at by agreement, to be ascertained in the condemnation 4.3 of said airport by the corporation under the power of eminent 4.4 domain, the commission to institute the condemnation proceedings 4.5 promptly and to pay in connection with the prosecution thereof 4.6 all reasonable and necessary expenses incurred not only by it 4.7 but also by the owner of such airport. 4.8 Sec. 4. [REPEALER.] 4.9 Minnesota Statutes 2002 section 473.601, subdivisions 3 4.10 and 6, are repealed. 670 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 99 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE AUNUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Update Regarding States of Core Area Redevelopment Agreement with Schafer Richardson E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to LaSalle Bank F. OTHER BUSINESS G. ADJOURNMENT lsl Agenda Information Memo Eagan Economic Development Authority Meeting November 9, 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 September 5, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the September 5, 2006 EDA meeting on pages tSc;t MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota - September 5, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 5, 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 Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 15, 2006 meeting as presented. Aye: 5 Nay: 0 There was no old business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT USE OF EMINENT DOMAIN FOR ACQUISITION OF ALL AMERICAN RECREATION PROPERTY Community Development Director Hohenstein discussed the proposed acquisition of the All American Recreation Property and noted that the action is to consider approval of the findings of fact and resolution that were directed at the conclusion of the public hearing to consider the use of eminent domain at the EDA meeting of August 15, 2006. Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the Findings of Fact, Conclusions and Resolution for the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3820 Sibley Memorial Highway. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS 66 - --.- _ -- -- - ADJOURNMENT -- - — Commissioner Fields moved, Commissioner Maguire seconded a motion to adjourn the meeting at 7:50 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. ACTION TO BE CONSIDERED: To receive an update on the status of the TEF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District and to provide staff direction in that regard. FACTS: • The background materials related to this item will be distributed with the additional information packet on Tuesday. (S5 Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. ACTION TO BE CONSIDERED: To adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Fagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. FACTS: • The City of Eagan and the Eagan Economic Development Authority held a public hearing on November 1, 2005 with respect to a development agreement between the City and MG Eagan, LLC for the redevelopment of a portion of the Northeast Eagan Redevelopment District Findings of Fact for the approval of the agreement were subsequently approved on March 6, 2006. • The developer and City have proceeded with efforts to acquire the remaining properties in the affected portion of the redevelopment district and the developer is arranging its financing for related to property acquisition and development • As a part of the financing, the developer requested that the City approve an agreement.for collateral assignment of the agreement to Marshall & Isley Bank. That request was approved in August 2006. • McGough is rearranging its financing for the project and, as a consequence, it is requesting that a replacement collateral assignment to the LaSalle Bank be approved by the City. • The proposed agreement has been reviewed by staff and the City Attorney and is in order for consideration by the City Council. The assignment facilitates the financing of the project and does not modify the obligations on the developer to undertake the improvements contemplated by the agreement ATTACIEWENTS: • Area map on page 191 • Resolutions on pagesr—Er—through • Agreement on pages � through 15(R (R (/1,^1 V , _ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to LaSalle Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. 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 9m day of November, 2006. Jon Hohenstem, Secretary/Deputy Executive Director 15,8" CITY OF EAGAN RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK BE IT RESOLVED by the Eagan City Council to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to LaSalle Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Motion by: Second by: Those in Favor: Those Against: 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 9th day of November, 2006. Maria Petersen, City Clerk 19q AGREEMENT REGARDING DEVELOPMENT AGREEMENT THIS AGREEMENT REGARDING DEVELOPMENT AGREEMENT (this — "Agreement'), is made and entered into as of , 2006, by and among the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "Authority"), theCITY OF EAGAN, a Minnesota municipal corporation (the "City'), MG EAGAN, LLC,'. Minnesota limited liability company (the "Developer'), and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the "Lender'). RECITALS A. The Authority, the City and the Developer have entered into that certain Development Agreement dated as of March 16, 2006 (the "Development Agreement"). B. The Development Agreement pertains to the development by the Developer of certain yet to be constructed improvements on the property legally described on Exhibit A attached hereto (the "Land') and certain other property. C. The Lender has made a revolving loan to McGough Development, LLC, a Delaware limited liability company ("McGough'; in the maximum principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00) (the "Loan") pursuant to that certain Loan Agreement dated as of October 2006 (the "Loan Agreement"), by and between McGough and the Lender. D. The obligation of McGough to repay the Loan is evidenced by that certain Promissory Note dated as of October , 2006, as amended (the "Lender Note', executed by McGough and payable to the Lender in the principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00). E. The Lender Note is secured by that certain Revolving Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing dated as of October 2006, as amended (the "Mortgage"), executed by the Developer in favor of the Lender and encumbering the Land and any improvements located thereon. F. Under Section 5.01(d) of the Loan Agreement, the Lender has required that the Authority and the City (a) consent to the assignment of the Development Agreement to the Lender, and (b) agree to certain other matters, all as more frilly set forth herein. NOW THEREFORE, in. consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The Developer hereby represents and warrants to the Lender that (a) except for the Mortgage, the Developer has made no assignment of the Development Agreement, (b) the Development Agreement is a valid and enforceable agreement which remains in full force and effect, and (c) to the best of its knowledge, without investigation, neither the Authority, the City, nor the Developer is in default of their respective obligations under the Development Agreement, and all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. Without the Lender's prior written consent, the Developer shall not sell, assign, pledge, mortgage or otherwise transfer or encumber its interest in the Development Agreement until the Mortgage is released and satisfied by the Lender. 2. The Authority and the City hereby consent and agree to the collateral assignment of the Development Agreement to the lender. 3. The Authority and the City shall endeavor to notify the Lender of any default by the Developer under the Development Agreement, and shall afford the Lender the same opportunity to cure any such default as is given to the Developer thereunder, but the failure of the Authority or the City to provide notice to Lender shall not affect any default. 4. If (a) the Leader becomes the owner of the Land and the Developer's interest in the Development Agreement through foreclosure, deed or assignment in lieu of foreclosure or Otherwise, and (b) the Lender complies with the provisions of Section 4.3(b) of the Development Agreement, then provided that there is not an uncured default under the Development Agreement, the Authority and the City will treat the Lender as if it were the Developer under the Development Agreement for all purposes. 5. This Agreement can be waived, modified, terminated or discharged only explicitly in a writing signed by the parties hereto. A waiver shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any party's rights or remedies hereunder. All rights and remedies of a party shall be cumulative and shall be exercised singularly or concurrently, at the party's option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 6. Any notice, request, demand or. Other communication hereunder shall be deemed My given if delivered personally or if mailed, postage prepaid, certified or registered, addressed to the party as set forth below: If to the Authority: Executive Director Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 If to the City: City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 If to the Developer: MG Eagan, LLC c% McGough Development, LLC 2737 Fairview Avenue North St. Paul, Minnesota 55113 Attention: Gregory S. Miller with a copy to: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402-1498 Attention: Jay F. Cook If to the Lender: LaSalle Bank National Association 50 South Sixth Street, Suite 1400 Minneapolis, Minnesota 55402 Attention: Thomas R Bobak or at such address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -3- Itoa [SIGNATURE PAGE OF THE AUTHORITY TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Pat Geagan, Its President sy. Thomas L. Hedges, Its Executive Director STATE OF MINNESOTA ) )as. COUNTY OF DAKOTA . ) The foregoing instrument was aclmowledged before me this _ day of 2006, by Pat Geagan and Thomas L. Hedges, the President and Executive Director, respectively, of the Eagan Economic Development Authority, a Minnesota municipal corporation, for and on behalf of the corporation. Notary Public [SIGNATURE PAGE OF THE CITY TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] Pat Geagan, Its Mayor sy Maria Petersen, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2006, by Pat Geagan and Maria Petersen, the Mayor and the Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, for and on behalf of the corporation Notary Public 4? I [SIGNATURE PAGE OF THE DEVELOPER TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] MG EAGAN, LLC By Thomas J. McGough, Jr., Its President STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Thomas J. McGough, Jr., the President of MG Fagan, LLC, a Minnesota limited liability company, for and on behalf of the company. Notary Public [SIGNATURE PAGE OF THE LENDER TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] LASALLE BANK NATIONAL ASSOCIATION Thomas R. Bobak, Its Senior Vice President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 2006, by Thomas R. Bobak, the Senior Vice President of LaSalle Bank National Association, a national banking association, for and on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. (JLL) 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 2965200 9154-73 Notary Public Agenda Information Memo Eagan Economic Development Authority Meeting November 9, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOUkNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. (PI PROJECT: Minnesota Valley Transit Authority (MVTA) Cedar Grove Transit Station LOCATION: Nicole Road and Cedar Avenue, Eagan DRAFT PROJECT NO. 0013821.1100 Preliminary Opinion of Probable Cost - October 25, 2006 Estimate is based on providing minimum 123 perking stalls In Phase 12010-2020 (140 actual); Estimate is based on providing minimum 156 parking stalls In Phase 2 2020-2030 (274 actual); Estimate is based on providing minimum 204 and parking stalls in Phase III beyond 2030 (274 actual) Third level adds 132 stalls for 408 stalls. No demolition costs, business relocation costs, or remediation costs anticipated. Escalation for Inflation beyond 2006 not Included. ITEM ESTIMATED NO. DESCRIPTION OUANTin UNIT TKDA ENGINEERS -ARCHrTEMS-PLANNERS UNIT TOTAL ESTIMATE PRICE AMOUNT ESTIMATED LAND ACQUISITION COSTS - SEQUENCE 1 1 Sale from MNDO7 Land Conveyance Assumed, government enfity to government entity) 6 Acres $ 1.00 $ 1 2 Engineering report/ traffic study for MNDOT 1 each $ 25,000.00 $ 25,000 TOTAL SEQUENCE 1 $ 25,001 SURFACE CIRCULATOR BUS PARKING/LOADINGITURN AROUND - SEQUENCE 2 --"S.F. 1 Concrete Paver Drive - Permeable Paving- exposed granite aggregate 18,388 $ 18.10 $ 298,018 2 Concrete Curb and Gutter 769 L.F. $ 34.02 $ 26,161 3 Concrete Paver Sidewalk - Permeable Pavin - colors 4,564 S.F. $ 15.04 $ 68,621 4 Gress in Median 7,710 S.F. $ 0.06 $ 435 5 Gress South of Bus 21,678 S.F. $ 0.06 $ 1,224 6 1 Interlocking Masonry Relnforoed Retaining Walls - 2'-6" high average 8301 S.F. $ 156.73 $ 130,087 SUBTOTAL S 522,546 CIRCULATOR BUS STATION AND CANOPY - SEQUENCE 2 1 24' x 48'sleel frame structure with brick or a better material than precast or concrete block 1,152 SF $ 175.47 $ 202,143 2 Roof 1,170 S.F. $ 6.38 $ 7,463 3 Footing 3 C.V. $ 669.76 $ 2,143 4 Foundation Wall 520 S.F. $ 24.13 $ 12,549 5 Concrete Floor Slab 690 S.F. $ 6.19 $ 5,507 6 Doom (Palm) 4 EA. $ 3,892.56 $ 15,570 SUBTOTAL _ $ 245375 TOTAL SEQUENCE $ 767,921 EXCAVATION AND GRADING - SEQUENCE 3 1 2 Excavate and Haul O6 Site 3 8•CY tlumptrucks, 4 mfle round trip) Cut and FIJI with On -Site Material (200 HP dozer, 300' haul, 4" lift, 4 passes) 2,548 15,702 C.Y. C.Y. $ $ 24.07 19.82 $ $ 61,287 311 3 SUBTOTAL $ 372489 SITE LANDSCAPING - SEQUENCE 3 1 To Soil 2,865 C.Y. $ 37.21 $ 106,603 2 Sod or Erosion Control Blanket with Seed 32 MSF $ 900.48 $ 28,365 3 Seed Grass 75,541 S.F. $ 0.04 $ 3,046 4 Shrubs Allowance Includin mulch, entrance and visual Interest areas 500 Each $ 40.00 $ 20,000 5 Trees Allowance includingmulch, 30' O.C. alongstreet and highway homage 500 Each $ 500.00 $ 250,000 6 Ornamental Metal Fence (6' high, 2- Posta, Painted) 1,409 S.F. $ 73.66 $ 103.784 SUBTOTAL $ 511,798 STORM WATER RETENTION POND - SEQUENCE 3 1 Excavation and Final Gradin Cul and Fill with On -Site Material 2,400 C.V. $ 19.82 $ 47,566 2 To Soll 435 C.V. $ 37.21 $ 16,186 3 Plant Materials - Erosion Control Blanket with Aquatic Grass Seed 2 MSF $ 900.48 $ 1,531 SUBTOTAL $ 65,263 SURFACE PARKING LOT/PICK-UP/DROP OFF/TURN AROUND - SEQUENCE 3 1 Concrete Curb and Gutter 664 L.F. $ 34.02 $ 22,589 2 Concrete Paver Sidewalk - Permeable Pavin - colors 2,846 S.F. $ 15.04 $ 42,791 3 Asphalt Driveway- 4' binder course, 2' Bituminous Wear Course, Substrate First Lift), Aggregate Base 3,041 S.V. $ 23.77 $ 72,268 4 Asphalt Parkin Lot 1,644 S.Y. $ 23.77 $ 39,064 5 As halt D OB 1,397 S.Y. $ 23.77 $ 33,204 6 Gress In Median 1,571 S.F. $ 0.08 $ 119 7 Grass East of DropOff 1,838 S.F. $ 0.06 $ 92 8 Signage(Accessiblli and Directional, Allowance 8 EA. $ 101.75 $ 814 9 Paint Stri In 19 STAL $ 20.09 $ 382 10 Handicap Symbol 8 EA. $ 704.18 $ 833 SUBTOTAL $ 212,125 LEVEL 1 SURFACE PARKING - SEQUENCE 3 1 Concrete Curb and Gutter 598 L.F. $ 34.02 $ 20,344 2 Concrete Wall Panels (Length X 4' 3,457 S.F. $ 73.35 $ 253,600 3 Concrete Drive Surface 48,058 S.F. IS 37.06 $ 1,781,020 4 Signage Accessibility, and Directional, Allowance 20 EA. $ 101.75 $ 2,035 5 1 Paint Striping 1401STALL $ 20.09 $ 2,813 SUBTOTAL $ 2,059112 TOTAL SEQUENCE 3 $ 3,221,607 10/2512006 Page 1 Valley Cedar Authority E (MVTA) Cedar prove Transit Station PROJECT: Minnesota kneRoad LOCATION: Nicole Road and Cedar Avenue, Eagan PROJECT NO. 0013621.01)(11 DRAFT TK ��iLii STAIR AND ELEVATOR CIRCULATION LINK - SEQUENCE 4 1 Electric Passenger, Base Unit, 2000 LB, 200 FPM, 4 Stop, Standard Finishes 1 EA. $ 170,757.28 1 $ 170,757 SUBTOTAL $ 170,757 PEDESTRIAN SKYWAY OVERPASS AT CEDAR - SEQUENCE 4 1 2 Enclosed Towers with 2 atop elevators to akywaye - at Transit Stations & to parking structure 2 EA $ 282,214.63 $ 564,429 2 Enclosed Pedestrian Skyways over Cedar w/ HVAC (42' between stations and 150' to parking structure) 2 AVG $ 3,135,367.07 $ 6,270,734 _ SUBTOTAL 6,835,163 BRT TRANSIT STATIONS - SEQUENCE 4 1 212' z 165' BRT Transit stations, steel structure 3,960 S.F. $ 297.99 -$f-1,180,033 SUBTOTAL $ 1,180,033 TOTAL BUILDING AND SITE DESIGNISEQUENCE 4 $ 8,185,954 SECOND LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 5 1 132' x 300'reinforced concrete structure with precast panels an dual helix __ 56,705 S.F. $ 71.87 $ 4,032,101 TOTALSEQUENCES $ 4032,101 THIRD LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 6 1 reinforced concrete structure with precast panels 56,105 S.F. $ 71.87 $ 4,032,101 TOTAL FOR BUILDING AND SITE DESIGN - SEQUENCES I $ 4,032,101 ANTICIPATED TOTAL 2010 THROUGH 2O30 INCLUDED 1 1 $ 20 84 5115 10/25/2006 Page 2 i uu \ STORM WTR. POND I I \ --- 0 50 100 200 1'=100' I N CIRCUL4TOR St. 3 J -_- V z MVTA CEDAR GROVE TRANSIT STATION WALK-UP NEIGHBORHOOD CIRCULATOR STATION TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS -ARCHITECTS -PLANNERS OESIGIED I Oft . I CNECNE. SEPTEMBER 28, 2006 SEQUENCE2 0013621.000 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR STATION WITH PARKING LOT AND DROP OFF TRIGGERING EVENTS SEQUENCE 1 - 6 TKDA NGINEERS • ARCHITECTS • PLANNERS 1651 0 OR "W CXECKEO ;EPTEMBER 28.2006 SEQUENCE 3 0013621.000 1 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR STATION WITH BUS RAPID TRANSIT STATIONS TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS • ARCHITECTS • PLANNERS DESIGNED DFA WN CNECI(ED SEPTEMBER 28, 2006 SEQUENCE 4 0019621.000 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR BUS RAPID TRANSIT STATIONS WITH SECOND LEVEL PARKING STRUCTURE TRIGGERING EVENTS SEQUENCE1-6 TSDA ENGINEERS -ARCHITECTS -PLANNERS oesicNco DRn CnECKec SEPTEMBER 28,2006 SEQUENCE5 0013621.000 i MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR AND BUS RAPID TRANSIT STATIONS WITH THIRD LEVEL PARKING STRUCTURE TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS -ARCHITECTS -PLANNERS OES.IEO OPFNM CXECI(EO SEPTEMBER 28,2006 SEQUENCE6 11.117 l . MVTA CedaF Greve Trawl stalbn Cri.wl Pam Tipgenrg Events -1)11A T TW I WIM MVTA Cedar Gmve Transit Shtion rggerin9 Events - MNOOT budget engineering lime W hdWM ass ramp to Nay 13 IM Mara reeds MNOOT mgat.ukg review Wreueea p ore ay as4ing to convey MNOOT sea Ivawler pmpe ty Pmpdy ownesNp oonvayed W kNTA MWA take possessisn end heathen she W gh an W ry holssmg NnrcINPIBal Rpldensel oasmpnry rale 75% ResMmgel x eupanc, Mle 100%- 4aneltenenhtl de.lournnl OM County Flnanciel AsslMance Oleaat erg horn me Feder Kq y Adminisbation M the BRT mu Is OgaM kar asp bass? Wr Mallon IM1Wnp,,I carcidered iMepareenl uNdy 001Bh agency appovals son pmMls Caplea Oeste, la t a, for ulNaWr bus station anal tum shun On Ong operational cwls funded for On ulamr shson Bunt sex aalky Brawiluienlea aevelapmMtl Ircal but, Station Exisling ke al service Is re -meted to ww Gmuattor less station Curtiss dd lNp an exishrg routes, to reach C.P dy CWW cosh fulled Ia sea BW Pathan. eon skyways Ongeirg ape2tioal cosb unseal for naw BRT earvke Bunt BRT seasons and skyways Cspiiel chis lmMeal for naw or imitation to sus maimenance garage N support ORT pons Awo wl bus. Mares / prdresad Wt naw BRT.eaiw AaCgonslemployem Nraa artl balned lot new BRT.eaiw Ada t aldswal buses W exishlg law] mass and hstiy schedules New BNi Ers Send. in Ceala Greve canes on fine Users low, sah&e was sense pats, rea5prang W �,.W Mtlr new express service Ridership on existing local mum rastlr Cepesiy Bw maintarewa ant sleep hdlly Merged W serve BRT buses BRT saute 75%atw a1 Cedar G. Lep!Wl casR l nma foramp oll C.Paw (seas hese for penultW Onydng operegansi cosh bonded for neentesung ww Wking Its Bina naw preing ha Puking WI reedrm eapaNry Capita owls hanaea her mmM Ievs of passing, OmgGng operetlasW cesM hulled Wr trsn1enawa of second level of pared, Bulla secatl,esel of P tali Peru,.hrdum reaches c.P.0 y CapWl costs hsl0ea M INN annul of puking OnV.iM aptadwed eosb latled for theatt. of sung hvtl of parking BM W d hated d puking 12. 12 maw 6. 3. 261 mons 6100 days 36 marc I6 mow zza mow 7200 a ew IM. IM. TUBE aesa Will tlayc 12 mow 286 maw 12 mow 3. 36 mow 60. n6. 12 marc 18 mow 12. 6. 3. 6. 3. 6o has 12. N mow 24. 24. 10. 3. 8o has Zd marc 13. 12. W.. 24. 12. 12. Fn W1107 Fn 5208 Fn Mv09 Its 9/1&09 Fd 12/11109 Fa WAV Fn WIM7 Fn WIO Fn 1lMl3 Fr16/1w Fn 6/16/7 Fn 6/1/0] Tu, IMM Mon M11011 Fn tIM)9 Fn 1=9 Fn Ivtl/09 Fn 11/12/10 Fri VWlI Fn 11/6/13 Fa 11/6113 Fd 6/15118, Fd WlWIB Fn LIT/19 Fn 11/1/19 Fdul7i" F64117= Fn 4/1720 Fn 7/10120 Fd 11/1/19 Fd v1425 Mona Mon 320e Fd 1/1/10 Fn 111/10 Fn 226Ift1 Fn 1=1/14 Fd 1091/14 Fd 9216 Fd 8/4/17 Fn W11M Fn 311122 Fn 1/1224 Thu 5/1/06 Thu M2/09 Thu 9/17M Thu 1v1NW Thu WMO Thu 12/12/30 Thu YG10 Thu 1117/13 Thu tvIwo Thu WIM Thu 9110115 Thu 9/IN15 Thu VIM Thu Will Thu 12 3/09 Thu 12/5/30 Thu I 111111 Thu MillI TIN,v11 Praje IffiltnggesrgEvans, Task Pmgra.s Suhmary ^ ENemaa Tasks 0 Owdthe IPrgM: MVTA_CG_Tnggenrlg_Evems Task Pmgrws Summary, �� EssentialTmW `vr 011e: Thu iM696 DA/�FT WlesWw ♦ Prajeu Samwry EtlmWkSesWne� ;Dant: Th. la19116 �7Fi/�FT Split MIIesWW ♦ Project Summay EAternal ASWsmne. Page I 1 _ _ _ _ Page 2 T7- f MVTA CEDAR GROVE LAND ACQUISITION SEQUENCE1 MVTA CEDAR GROVE CIRCULATOR BUS STATION AND CANOPY SEQUENCE2 MVTA CEDAR GROVE SURFACE AREA PARKING LOT / PICK UP / DROP OFF SEQUENCE3 T S{ (e ry I MVTA CEDAR GROVE PEDESTRIAN SKYWAY OVERPASS AND BRT TRANSIT STATIONS SEQUENCE4 'f MVTACEDAR GROVE SECOND LEVEL OF STRUCTURED PARKING RAMP SEQUENCE5 MVTA CEDAR GROVE THIRD LEVEL OF STRUCTURED PARKING RAMP SEQUENCE6 r+. ;. lip :A s Minnesota Vahcy Transit Authority C• nt 9Y«ire: TKDA ENGINEERS• ARCHITECTS• PLANNERS "1� 4?01 City of Evan mcmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 712006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 9, 2006 CITY COUNCIL MEETING CONSENT AGENDA PERSONNEL ITEMS Item 4. Full-time Managers-on-Duty/Community Center -- ACTION TO BE CONSIDERED: To approve the hiring of Matthew Mack and Barbara Normandin as full-time Managers -on -Duty at the Community Center. Item 5. Resignation -Part-time Clerical Tech HI/Community Development— ACTION TO BE CONSIDERED: To accept the letter of resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. ECONOMIC DEVELOPMENT AUTHORITY OLD BUSINESS — 1. Cedar Grove Redevelopment District — Enclosed on pages 155A through 155J is a copy of the background information relative to the EDA TIF DevelopmentAgreement Update between the City and Cedar Grove Development Corp. for the redevelopment of the core area of Cedar Grove Redevelopment District. /s/ Thomas L. Hedses City Administrator . Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT — UPDATE ACTION TO BE CONSIDERED: To receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of 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 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, 2006 and amended on May 16, 2006, the developer and the City set out dates for several actions that will lead up to the commencement of the redevelopment of the core area They include dates for the submission of a Phase I Site Plan, submission of a development application, submission of written affirmation of an intent to proceed with the development and a deadline for the purchase of the Cedarvale Mall by the developer from the City. e As the Developer's staff proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues relate generally to the results of an updated market study, additional input from prospective commercial tenants about the layout of the commercial segments of the property and project cost analyses. • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 19, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area • As of the date of packet preparation, the Phase I Site Plan has not been received • The range of options available to the City at this time include: 1. Receipt of information and take no immediate action; or 2. Authorize Negotiation — As outlined in the developer's letter, the City may seek to identify sources of additional financial assistance to close the perceived gap; or 55 A 3. Negotiate Placement of Cedar Grove Development Corporation Proposal . on Hold and Solicit Proposals from Other Developers — Without declaring default, the City may request that the developer place its proposal on hold to permit the City to solicit proposals from other developers. If the City were to pursue this alternative, it would be predicated on its ability to terminate the development agreement, if it finds an alternative proposal to better fit expectations for the redevelopment area; or 4. Seek Termination of Development Agreement If the EDA and Council determine to take this action, it should provide direction to solicit an amicable termination of the Development Agreement with the Developer, or 5. Declare Developer in default and provide notice of default to Developer. Developer has 30 days to cure the default to prevent the Agreement from terminating. FA WKI—•i:iuI 0 • Developer's letter on pages through • Staff memo on pages through • Area map on page • Approved site plan on page /556 Schafer 0 BE Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar Grove project over the.past several years. We.have enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region The site plan which you saw and. approved as part of the development agreement turned out not to be supportable in the current market. Specifically, • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible than residential space in the current market - needs to be increased. However, it is limited by traffic constraints and the City's design guidelines for the area. In an effort to make the project more market supportable, we made several changes to • the proforma: • We replaced some condo units with rental units, • We replaced condo units with senior housing units, and • We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. Over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment plan which is market supportable and successful. Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIF available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gap of over $2 million, and the gap for Phase I - the most critical phase for financing and marketing the project - has a much larger gap still. • ® Pal Estate Development 500 Banti Building 615 First Avenue NE 11 cunsavcdon Mmnapolis, MN 55413 Pt�(L ® Investment ® Leasing & Management Phone 612.371.3000 F=612.359.5858 www.s M.00m Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses, • Paying for off-site traffic improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we are prepared to work with you to part company amicably in the event it does not. We believe the project could be a great one, but it may not be the right project at this time. Sincerely, Brad Schafer President 155)�N A • 0 • City of Evan Ycmo TO: MAYOR GEAGAN AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: CEDAR GROVE CORE AREA DEVELOPMENT AGREEMENT UPDATE AND REQUEST FOR DIRECTION The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement betwen the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was formed to act as the master developer for the core area of the Cedar Grove Redevelopment District Overview • This matter is before the City Council and EDA at this time for several reasons: • The developer has not submitted Phase I Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. • The developer submits that market conditions. have shifted since the development agreement and preliminary concept plan were approved in January, 2006, which has diminished the market supportability of the approved mix and density of uses. In particular, the developer indicates that the market for new suburban condominium, which made up a substantial segment of the preliminary concept plan, has flattened. • Despite the fact that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the developer's financial pro forma for the project shows a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be self-financing through TIF, with the exception of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. • The refinement of some assumptions reduces the gap, but according to the developer they are offset by the inability to assure the number and timing of construction of the condominium units. Since.the number and density of this • housing type represent a substantial amount of the new tax base in the I5" C- revenue assumptions, the developer believes it is necessary to consider • alternatives to fill the gap. These may be in the form of additional public - capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicols Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocked within the area anticipating the mbced use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. If the developer's assumptions are true,. in order for the project to be market supportable, it may be necessary to consider land use altematives outlined below to complement • or supplement these new urban elements. While a further alternative, would be to consider a more dramatic shift to a different ma of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would be market supportable. For the project to be successful in the future, the vision for the area will need to be dear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. It has been reported that new condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project may not be market supportable at this time. • lss • While there are reports of a flattening of the residential market, it is not as pronounced in the townhome and row home markets, such that a mixed use project for the area should be feasible, but its specific characteristics may need to change in the short run. A complete a shift toward lower density development results in decreased overall property value and, by extension, reduces the TIF available to underwrite project costs. This situation gave rise to discussions of land use alternatives. Land Use Alternatives To complement and retain the City s redevelopment general vision for the area, staff and the developer discussed whether market segments that are stronger at the present time, including retail, office, senior housing of various types and rental housing, could be integrated further into the mix of uses at Cedar Grove. The developer has prepared revised profonnas for several scenarios under which a portion of the higher density residential development would be replaced by a greater square footage of retail and office development and some of the higher density housing would shift to senior and rental products. One of the scenarios discussed is the addition of a certain amount of traditional, free standing retail development in the Gateway area of the development. - In this scenario, the mixed use development previously shown at the gateway would • shift to the west and the residential development in the western part of the district would contract to accommodate the change. This approach is similar to developments in Maple Grove and Blaine that have a combination of a more traditional suburban development pattern that functions as an anchor for the new urban portions of the project, while generating additional tax base to support the remainder of the project. To the extent that they were analyzed, the developer's pro forma shows a financing gap of for the core area project in each of the scenarios. Concept Plan and Phase I Site Plan The developer has indicated that it is not possible to proceed with implementation of the approved preliminary concept plan. In addition, it has indicated that it is not prepared to pay for the preparation of a graphic representation of an alternative concept plan, until the City agrees to offset the gap in the financial pro forma. The challenge is that the City's level of financial support for a project in the area has always been predicated on the proposed development conforming sufficiently to the Citys development expectations and the design guidelines. This can only be determined through an analysis of a concept plan and the more refined plans and graphics contemplated in the Phase Site Plans. The Council • will need to determine whether it wishes to proceed with direction to identify GET funds to close the gap, in the absence of those plans, or to provide other • direction with respect to the redevelopment of the Cedar Grove Area. EDAfCouncil Direction Alternatives for direction are outlined in the cover memo for this business item. Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the redevelopment district. • The Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While a downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. • The potential revisions to the approved preliminary concept plan that have been identified would result in a development that would be different by some degree from the project defined by the Request for Proposals and the approved development agreement • Staff, the developer and a representative of Ehlers and Associates will be available to address the matter further and respond to questions on Thursday evening. Cc: Gene VanOverbeke, Director of Administrative Services • ISSH • • DESCRIPTION OF PROPERTY The properly is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. 155 EXHIBIT B Development Concept and Schedule Furore Had Heritage Can ge SSwry valageRa Turua Condominlum Tam Homs Houom 34tory Pkml 1ert n's TnnsltSddon �Nlnk Supper Cbh &Commerzbi rwuvrgew Commenial Houatrgows Comalmw Cedar Grove Concept Plan A.Ww'w C.row. t Cemmee4I we¢I.aamdvre - x_ao ft a Oeldoomaa wdm r M Ran IuM peYNUPur+R FaRTtaln Sfi O. W,. " 9 CWgrtp.M_ Shadbw,,M U6aalnc Sunmxy 1M unR Summer TRrWlC 15p ,ft 7—gIC�18I1j50R Nnvembn]pM H°�^pZ=aY IM unlit FaRamed Uu 0Mm!< IMeInpMMged Ux < Tunl 14Z Nfi Tp na "M Cedar Grove Concept Plan -Phasing ew�4m.nseee...ea utrn me uen,we+zms RYLAND HOMES' • • • E 0 o�ilzl&1-07111 &V w1T" DIZ171 REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA NOVEMBER % 2006 CITY ATTORNEY Item 1. Schedule Special City Council Meeting for Tuesday, November 21 CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity 0 •4q ' City of Eagan mo TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 7, 2006 SUBJECT: ADMINISTRATIVE AGENDA / NOVEMBER 9, 2006 CITY COUNCIL MEETING CITY ATTORNEY There may be reason to have a brief Executive Session *for the purpose of reviewing the status of contract bargaining with both the Street and Maintenance and Clerical units. The City Council reserves the right to hold an Executive Session for any threatened or pending litigation. CITY ADMINISTRATOR Item 1. Schedule Special City Council Meeting for Tuesday, November 21 — ACTION TO BE CONSIDERED: To consider approval of a Special City Council meeting to be scheduled at 4:00 p.m. on Tuesday, November 21. Due to scheduling conflicts, Tuesdays, both November 14 and 28 will not work as dates for a Special City Council meeting. There are two (2) items for Council consideration, and they are; 1.) Public Works presentation on the proposed Yankee Doodle access, and 2.) A review of eligible items to be included in the 2007 Community Development Block Grant Program. A majority of the City Councilmembers have responded to an email from the City Administrator suggesting both of these agenda items scheduled for a special workshop on Tuesday, November 21. DIRECTOR OF PUBLIC WORKS There are no items at this time. 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 Ii0 through L] -I-, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. RA Item 2. Development/Construction Activity - Per the Council's request, Community Development staff will provide bi-weekly updates of larger development and construction activity. • The current update is enclosed on page 11�-. /s/ Thomas L. Hedges City Administrator 177a n U 11 Ir k' i My of Eap INQ TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mail Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both. Demolition of the mall will be scheduled after those relocation plans are finalized. • First Phase Development Plans — The EDA is receiving an update on the Core Area Development Agreement status as part ofthe November 11 meeting agenda. • Silver Bell Center Remodeling — Cedarvale Barbers, Mike's Shoe Repair and Cedarvale Tailors have relocated to Silver Bell and the building permit has been released for Burton's Frame Shop, which will likely move in December. • Acquisition and Relocation Plan — Staff and the City Attorney are continuing negotiations • with Ellingson and Associates to acquire their property. The City has received an appraisal from Steve Martin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The All American Recreation public purpose hearing will be held on November 7 in anticipation of resolution ofthat acquisition, as well. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area Website updates also continue. • Transit Update—The AMA has approved a concept plan for the phased implementation of the Cedar Grove Transit Station and has asked that the City Council consider approval of the concept plans as well. Northeast Eansn Redevelonment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy SS Parcels DART has submitted a preliminary application for financing assistance and has teamed with CSM to further develop a draft concept plan to begin the staff process of reviewing a possible formal proposal for consideration by the City Council and IDA. A project must be pursued in the nest eight months before the five year rule is reached. • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TM building. • TM Relocation Assistance Appeal — The hearing officer has held a conference call with • TMI and City representatives and has communicated expectations for a presentation of claims and a hearing in January or February of 2007. IZ1 Southeast Eamm Renovation and Renewal District • • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. General Redevelomneut • Impact of Eminent Domain Legislation on Redevelopment Districts —In consideration of the 2006 law changes, s4 Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August g, 2007 in the case of the Norte Eagan District and July 22, 2008 in 60 case of the Cedar Grove District • • (7), • City of Evan Ycno TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: November 1, 2006 SUBJECT: DevelopmentfConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address 1965 Cliff Lake Rd • 980 Discovery Rd 950 Blue Gentian Rd 2750 Blue Water Rd 1200 Yankee Doodle Rd 3340 Pilot Knob Rd • Development Update Business Name/Type Valuation Type Cliff Lake Marketplace 980,000 Comm New Don Stevens (whse) 485,000 Comm Add NW Tech Inst 400,000 Comm Impr Oce 133,000 Comm Impr Blue Cross/Blue Shield 121,000 Comm Impr Amer Assoc of Cereal 105,000 Comm Impr Chemists (covered exit) ➢ The Active Living Group is hosting a workshop on Wednesday, November 8 from 1-4 at the Eagan Community Center. All are invited to this entertaining and eye-opening event. Please RSVP to City Planner Ridley if you are interested. ➢ The footing & foundation permit has been issued to Trinity School in northeast Eagan. 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. 173 IIZWdhgAddy RepoVCommerdslRepods for CC-lWM Ooh • AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM - CITY HALL I. ROLL CALL AND AGENDA ADOPTION II. VISITORS TO BE HEARD • IH. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY - OPTIONS AND PREFERRED ALTERNATIVE PRESENTATION 3 IV. COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2007 T. I V. DIFFLEY PEDESTRIAN TUNNEL VI. OTHER BUSINESS VII. ADJOURNMENT 0 • Special Council Workshop Agenda Memo November 21, 2006 IlLYANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY - OPTIONS AND PREFERRED ALTERNATIVES DIRECTION FOR CONSIDERATION: REVIEW AND COMMENT ON PROPOSED ACCESS MANAGEMENT OPTIONS. FACTS: • As traffic and development continue to grow along the Yankee Doodle Rd (County Road 28) corridor between I -35E and TH 149, various segments and intersections are approaching their minimum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term mobility and/or safety of this heavily traveled corridor. An access management plan would be helpful in identifying where • future accesses could be accommodated and what infrastructure improvements are the most cost effective. • One of the higher priority improvements identified in both the City's and County's CIP involves addressing the vehicle crash rate at the Promenade intersection, and the easterly extension of the current 6 -lane divided roadway from Promenade Ave. through Lexington Ave. for added capacity. Before these or other significant investments are initiated, both agencies agreed to perform a Corridor/Access Management Study of this 2 -mile segment. SRF Consulting Group, Inc., was retained to perform this study which began in June with a completion date set for year's end. • This 2 -mile corridor was divided into 3 segments; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Rd.) and the East (Elrene to TH 149). An Open House was held on August 2 to introduce the study and solicit public input and discussion of issues and concerns along this corridor. Of the 900+ notices mailed out to all property owners within 1 mile of this corridor, 31 attended the open house. With this additional information, various alternatives were developed for each segment including advantages and disadvantages of each. This refined information was then presented to the public at a 2" Open House on October 12 attended by 29 people. In addition, there have been individual follow-up meetings with several Property/Business owners where significant right-of-way would have to be acquired for some of the proposed alternatives to be implemented. CJ Special Council Workshop • Agenda Memo November 21, 2006 YANKEE DOODLE RD CORRIDOR STUDY (cont.) The study's approval process incorporates 2 presentations/discussions with the City Council (Nov. 21 Workshop and Dec. 19 Regular meeting) and 2 with the County Board (Dec. 12 Physical Development Committee and January Board meeting). The Nov. 21 Workshop is an opportunity for the City and County staff/consultant to update the Council on the study's progress and current status. If possible, it would be helpful to forward specific comments to the County's Physical Development Committee (Committee of the Whole) for their consideration on Dec. 12. The County PDC's follow up comments can then be brought back to the City Council for their consideration at the Dec. 19 Council meeting, with final comments going to the County Board in January for hopeful adoption of the Study and phased implementation of agreed upon preferred alternatives as the need or opportunity presents itself. The approved study will then be the guiding document to implement future transportation improvements and development approvals along this corridor. SRF will present the various alternatives being considered for each of the 3 • segments and the preferred alternatives during the workshop. ATTACHMENTS: • Corridor Study and alternatives summary, enclosed without page number. 0 • Agenda Information Memo Eagan City Council Workshop November 21, 2006 IV. PRELIMINARY REVIEW OF 2007 CDBG APPLICATION DIRECTION TO BE CONSIDERED: To discuss the program and improvement alternatives for inclusion in the City's FY 2007 Community Development Block Grant (CDBG) Application and provide staff direction regarding the specific items to be included in the application when presented to the Council at its next regular meeting. FACTS: • The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. • The City of Eagan's CDBG allocation is administered through a subrecipient • agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. • The CDBG fiscal year begins July 1. The application deadline for local governments has been set at December 15, 2006. Preliminary budget information is being provided at this time to permit staff to prepare background for the formal Council action at a later date. • For application purposes, the CDA indicates that the City should use the 2006 allocation amount for Eagan's FY 2007 application. That amount is $214,500. • Staff is presenting a proposed funding budget for Council consideration including senior services and acquisition, demolition and relocation activities associated with the Cedar Grove Redevelopment Area. Eligible activities under the HUD rules must either remove slums and blight or provide benefits to low and moderate income (LMI) persons and families. The CDBG program requires that at least 70% of all funds to be used for LMI benefits. For HUI) purposes, this means that 51 % of the benefiting families be at or below 80% of the median income for the region. In 2006, a family of four making $59,600 met this criteria. • The CDA requires that at least 50% of each City's application be designated for LMI uses, which can be either programs or acquisitions. In addition, when CDBG funds are used for slum and blight removal, a portion will be repaid to the City's CDBG • account at the time the property is resold for development. Ultimately, the account will need to be used to provide for LMI benefit. 3 Agenda Information Memo November 21, 2006 Eagan City Council Workshop Page 2 of 2 In addition, as staff has discussed the program with CDA staff, it was noted that, • while CDBG applications may be amended, the process to reallocate dollar amounts among previously approved line items is a minor amendment, but it is a major amendment requiring higher levels of review if dollars are to be shifted to new activities. • Activities supporting the LMI standard have always required documentation of the LMI status of beneficiaries of a program or improvement. In the last two years, the documentation requirements have been revised to require information of greater scope and detail. For public service programming, the level of detail is such that the CDA is recommending and City staff concurs that it is not cost effective to allocate funds for LMI programming, unless it is for a population that is assumed to be eligible, such as seniors. • As in recent years, staff is proposing that a portion of the CDBG funds be allocated to the Cedar Grove Redevelopment. Allocations are noted in this category for acquisition, relocation and demolition of properties both for general removal of substandard buildings and for acquisitions that would eventually provide for LMI housing. Since low and moderate income housing development is required as a part of the Cedar Grove Redevelopment, it is hoped that the LMI property development partially funded by CDBG funds will occur within the near term. As such, funds used in the short term for blight removal and repaid by the developer can be used for an LMI purpose at that time. The proposed senior service activities are discussed in the attachment. • The budget alternative spreadsheet shows requested allocations in the referenced categories above. Staff will request direction at the workshop to compile remaining items for the formal application to be considered at the Council meeting on December 4, 2006. ATTAC)EI1IMNTS: • Draft Budget alternatives on page �J • Parks narrative on pages (— • City of Eagan 2007 Proposed Community Development Block Grant Fund Budget Original Original Original Original Proposed Activity Budget 03 Budget 04 Budget 05 Budget 06 Budget 07 07 designation Cedar Grove Redevelopment Cedar Grove Property Acquisition $231,418. $246,969 $101,100 $151,000 $102,000 Slum/Blight Relocation $27,500 $27,500 $27,500 LMI Demolition $50,000 LMI Swap with HOME Funds - Scattered Site CGD LMI $100,000 Youth and Family Development Services General Programming 10,904 11,000 10,900 $11,000 Camelian Park Improvements $25,000 Senior Services $35,000 LMI Total $242,322 $257,969 $239,500 $214,500 $214,500 Total LMI $112,500 UI "/6LMI 52% Available Funding (Approximate) $214,500 City of Eagan — Parks and Recreation • 2007-2008 Community Development Block Grant Request The purpose for CDBG funds is to provide a flexible source of annual grant funds for local governments that can be devoted to the activities that best serve their own particular development priorities provided that 1) the benefit low and moderate income persons as outlined by federal standards; 2) prevent or eliminate slums or blight and meet community development needs. With this in mind, Parks and Recreation is proposing the following public services for seniors. The senior population is a presumed benefited population approved by the HUD guidelines for CDBG funds. In addition, the 20/20 plan has identified the older adults as an increasing underserved population. These two factors coupled with national research 1) identifying an alarming increase in overweight and obese individuals, and 2) support for fitness, recreation and leisure activities to enhance and improve our quality of life support the investments outlined below. The additional services would provide opportunities to meet the needs of our working seniors and provide opportunities for new programs within the Lone Oak Room. These may include nutrition, fitness, and personal training, dance and art classes. 1. Providing public service: $35,000 a. $ 7,000 staff wages/mtrls (outreach & classes at senior living complexes b. $13,800 facility cost: extended senior center hours two evenings a week for 3 hrs. c. $ 3,200 staff extended hours of the senior center (as outlined in item b.) d. $ 9,000 staff wages for new senior classes (fitness, dance, art, walking etc) e. $ 3,000 materials and supplies for new classes • Justification: 1. Seniors are a limited clientele presumed benefited population. CDA defines guidelines for minimum age for senior housing projects as 55. These programs will target adults/ seniors 55 and older. 2. All requests meet the guidelines outlined by CDGB. 3. Responding to changing community needs, aging population. 4, Programmatically in line with 20/20 vision for recreation; young seniors, arts, health and wellness. 5. Research shows that individuals live longer, healthier and happier when engaged in healthy life style choices, including proper nutrition, physical activity, and social interaction. 6. Funding request blends outreach, facility fees, staff wages and equipment costs for a holistic approach to expanding services for the senior population. Tracking mechanisms for public service activities: 1. Reports via finance for wages. 2. Facility fee invoices 3. Check in system for senior center visitors and program participants to capture demographic data (ethnicity, head of household ...). 0 • Agenda Information Memo November 21, 2006 Special City Council Meeting V. DIFFLEY PEDESTRIAN TUNNEL ACTION TO BE To consider 1.) Direction to provide any additional research for the City Council relative to removal of a fence in the Diftley pedestrian tunnel; or 2.) Approve or deny a request by the Caponi Art Park Learning Center to remove the Difiley Road pedestrian tunnel and, if approved, direct preparation of a resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park and for preparation of a license agreement which will retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to the Caponi Art Park under terms acceptable to the City. The resolution and license agreement would be brought back at a future meeting. FACTS: • • Mayor Geagan had a meeting with Mr. and Mrs. Anthony Caponi on Wednesday, November 15, 2006 and the result of that meeting asked that consideration be given to their request to remove the fence that divides the tunnel into two narrow passageways and allow the Caponi Art Park to have full use of the tunnel for maintenance equipment, park vehicles for tours and various Art Park Learning Center events as well as pedestrian movement including the ability to better assist elderly and handicapped. • A request to remove the fence has been under consideration for a period of time; however, there has been no presentation made to the City Council for formal consideration by the City Council. The question was again raised in late summer and the City Administrator asked for input by the City Attorney who prepared a memorandum addressing the Diffley tunnel in September 2006; a copy of the City Attorney's memo is referenced in the attachments. • The City Administrator spoke with Cary Felbab, Chair of the Caponi Art Park Learning Center Board of Directors, and he is forwarding an email this weekend which will be provided to the City Council on Monday. He will be present at the meeting on Tuesday. • If the City Council addresses the Comprehensive Guide Plan issues identified in the attached memorandum by the City Attorney, it would be necessary to find by resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park. • If the City Council is inclined to have the Art Park control the tunnel, the Council • should use a license agreement which would retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to I the Caponi Art Park under terms acceptable to the City; again, as outlined by the • City Attorney in his memo (see attachment). ATTACHMENTS: Enclosed on pages I— through 13— is a copy of correspondence from Anthony Caponi, Caponi Art Park Learning Center, to the City Administrator September 2005 with a copy of the underpass diagram and a timeline that was provided to Mayor Geagan at his meeting on November 15, 2006. Also enclosed is a copy of a legal memorandum from the City A orney Michael D1 ou erty entitled "Diffley Tunnel' and referenced as pages through • • 0 September 26, 2005 • Tom Hedges City Administrator CMNI � City of Eagan LEARNING CENTER 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, As a follow-up to our August 10, 2005 meeting also attended by City Council Member Mike Maguire, Dakota County Commissioner Tom Egan and City Engineer Tom Colbert, and after discussing the matter with members of the Art Park Board of Directors, I petition the City of Eagan on behalf of the Caponi Art Park and Learning Center to restore the full use of the Diffley Road underpass to the Art Park as originally intended In 1992 when Diffiey Road was being widened, I requested an underpass to connect the two sections of the Art Park. The City agreed to put in a smaller tunnel than I had specified. I then paid the difference to have the present underpass installed, including lights, to meet the needs of the Art BOARD OF DIRECTORB Park GARY FELBAB PA.w.a The fence that divides the underpass into two narrow passageways may CHIPL�IN�oE1KE have been a necessary compromise, at a time when the City doubted my ROBERT GAVIN. JR ability to see the Art Park project to completion. Now that the Art Park is a Treauaaf . • reality and the partnership with the City reaffirms the Art Park's ANTHONY dedication to serving the community I'm sure you'll agree that the fence is MICHAEL MAGUIRE a detriment to our shared goal. PAUL VERRET There are numerous problems with the Art Park's restricted use of the underpass. The most important relate to safety and utility. The 8ft-wide passageway, created by dividing the underpass in two is • a bottleneck for movement within the Art Park. It is too narrow to accommodate park vehicles and pedestrians. The Art Park makes ample use of golf carts for tours and to assist elderly and handicap park visitors. The carts crowd pedestrians and they cannot pass one another in the tunnel, and even though passengers are instructed to keep their hands within the cart the narrowness of the passageway is a known risk to children that we cannot ignore. It is difficult to get maintenance equipment from one side of the park to the other. The concrete wall of the underpass shows fire marks from trying to avoid hitting the fence with the bobcat and it is almost impossible to carry any tool that sticks out beyond the width of our equipment. The public half of the underpass has become a gathering place for people involved in questionable activities. It is usually littered with broken bottles and other trash that Art Park staff has had to clean because it is too narrow 1 2 0 S D 1 F F L E Y for City maintenance equipment to access. Art Park staff has also had to ROAE A G A N D M N consistently police the underpass to discourage vandalism and graffiti. SS123 s , . a s a • s < , z As to its intended value to the public, the underpass is seldom used and it Inro�cePonrortpark.orp www capomartipvk.org is the only place in the city that has an underpass to get from one side of the street to the other. There are no homes on the south side of Ditiley 9. between Lexington Way and Malmo Lane to create the need for people to • cross the road. There also is no need for the underpass as an access to Patrick Eagan Park because there already is a direct link from the bike path on the north side of Diffley to the City park. (See the attached diagram.) Dear Tom, I write this letter as the Art Park administrator and as the person who has kept complete records on the Art Park's history. I address myself to you not only as the City Administrator but as the person at the City who is most familiar with the history of the park. I am ready to answer any questions that you and the City Council may have. You can expect active cooperation from the Art Park Board and staff to facilitate this necessary correction. Sincerely, Anthony Caponi Artistic and Administrative Director Caponi Art Park and Learning Center Encl: Underpass Diagram • /V Relationship of Bike Path along Diffley Road to Caponi Art Park Underpass Patrick Egan Park is Road Directly Connecting Bike Path to Patrick Egan Park/'tom,-' i s.. \#„ x..1,0 3 \c ,r `.1 i , 4 1 DtMey Road _ Capon[ Art Park 's And Learning Center` ,. N I is Timeline 1990 April 26 Breakfast meeting on-site with City Council. • All agreed to work together as partners in creation of Art Park. May 15 City landscape architect makes 3-d model of park Aug. 24 Meeting with Ken Vraa and Betty Ivey, Macalester Provost to discuss the school's participation in project. Nov. 8 City Council passes resolution establishing partnership and committing to "taking leadership role." Dec. 11 City surveys 60 -acre park. 1991 Sept. 27 Opening of Tony's retirement exhibition Sept. 28 First public open house for Art Park 1992 Jan. 14 Meeting with Tom Hedges and Ken Vraa — working on a common project. Feb. 4 Meeting with Ken Vraa, Tom. Colbert, Dave Zeck — laid out specifications for underpass. April 14 Ken Vraa offered $100,000 from park funds for underpass. • April 23 Challenging City Council meeting April 24 Meeting with Tom Hedges and Jim Sheldon m studio — made offer April 25 City Council accepts May 22 Insisted on original design of underpass May 27 Meeting with Ken Vraa and Dave Zeck — told of security need for total control of underpass, separate from park trail to Patrick Eagan Park. May 31 Meeting with Pam McCrea and Pat Awada — insisted not share underpass. June 22 General meeting to resolve issues Dec. 15 Compromise Tunnel agreement adopted by City Council 1993 March 18 Road construction bids accepted Disqualified bid would have been $80,000. $38,950 balance due. • March 19 Paid $29,650 of Tunnel costs. Remainder Assessed 2005 March 15 Paid approx. $30,000 remaining balance Cost Per Contract for Accepted Bid U Lights/Other Costs Total Tunnel Cost Amount Paid w/ Contract Amount Assessed Approximate Amount Paid Total Paid for Tunnel 0 • $ 38,950 + 9.150 $ 48,100 - 29,650 3/19/1993 $ 18,450 + interest $ 30,000 59.650 13 3/15/2005 Part of $82,200 assessments paid 0 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: September 7, 2006' RE: Diffley Tunnel This memo is in response to your request of whether the City can close the tunnel under Diffley Road to public use and allow the Caponi Art Board full control of the tunnel. The answer is yes, subject to policy decisions by the Council. Leaving aside the issue of the cost of a tunnel and whether the City would look to be reimbursed for.its cost, the review of whether the City can transfer the tunnel begins with its Comprehensive • Guide Plan. Within the Park and Recreation System Plan of the Guide Plan is the identification of a full trail on the north side of Diffley Road between Pilot Knob and Lexington and a trail traversing easterly from Pilot Knob to the point of the tunnel entrance along the south side of Diffley Road. The tunnel acts as a pivotal portion of the trail system connecting the south to the north side. Also, the Transportation Plan of the Guide Plan identifies the existing trails along Diffley Road in similar fashion to the Park and Recreation System Plan. However, the Transportation Trail System also identifies a proposed trail along the south side of. Diffley Road from the tunnel connection to Lexington. The Council should address the Guide Plan to determine what, if any, modifications would need to be made to the Park and Transportation Plans if the tunnel were placed under the control of the Caponi Art Park. In the early 1990's, the City entered into a joint power agreement with Dakota County for the upgrade of Diffley Road from Pilot Knob Road to Lexington Avenue. As part of the upgrade, the City intended to provide trail segments along the north and south side of Diffley Road. The installation of a trail along the south side of Diffley Road would have had a significant impact on the property owned by Tony Caponi. Discussions ensued with Tony and the County about alternatives that would have less impact on the Caponi property. In furtherance of these discussions, the City worked with Dakota County to include the design of a tunnel under Diffley Road that would provide the public with a walking, hiking and biking trail connecting the south with the north trail along Diffley Road. • • In March of 1993, the City entered into an agreement with Tony Caponi which related to the design, construction and control of the tunnel. The agreement provided for the design and construction of an alternate pedestrian access (the "tunnel") that included a fence, to segregate the traffic flow within the tunnel so as to allow its use by patrons of the Art Park. This is the tunnel which got built. The agreement provided that the Caponis would be assessed for the increased cost for the alternate designed tunnel and that the City would pay 45% of the base design and Dakota County was to pay for the remaining 55% of the base design. The City's portion of the cost was made from its major street fund. Furthermore, the agreement provided that the tunnel shall be under the control and ownership of the City and the City agrees to maintain it in a physical condition which will accommodate the intended use of both parties. Finally, the agreement notes that it may be amended only upon written agreement signed by both parties. Assuming the Council addresses the Guide Plan issues, the Council would then need to find by resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park (e.g. continuity of use by patrons of the Art Park, maintenance of the Art Park, etc.) Finally, if the Council is inclined to have the Art Park control the tunnel, the Council should use a license agreement which would retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to the Caponi Art Park under terms acceptable to the City. I hope this addresses your concerns. If you have any questions, please give me a call. • MGD/jlt 11 157 City of Eajan Ycno TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 21, 2006 SPECIAL CITY COUNCIL MEETING V. -DIFFLEY PEDESTRIAN TUNNEL Enclosed on page is a copy of correspondence sent to the City Administrator from Cary Felbab, President, Board of Directors of the Caponi Art Park, dated September 8, 2005 regarding the removal of the fence under the Diffley Road underpass. This item was copied to the City Council at the time and given to the APrC for review. The APrC considered the request and had discussion with Tony and Cheryl Caponi at the December 19, 2005 APrC meeting. At the conclusion of the discussion, the APrC requested that the Caponis provide more detail • concerning where new fences would be placed if the tunnel fence was removed and that an opinion regarding the impact to pedestrian traffic be obtained from City Engineering staff. The Capons did not follow up with further information therefore the APrC has not taken further action. • Enclosed on pages 1 -7 and! is a copy of the December 19, 2005 APC minutes. • Enclosed on pages ande is a copy of the APC staff report. • Enclosed on page W is a copy of the Engineering comments related to the request. • Enclosed on page is a copy of a memo by Administrative Intern Walz also summarizing public p ose findings for the tunnel. /s/ Thomas L. Hedges City Administrator U E 1215 Diffley Road Eagan, MN 55123 September 8., 2005 Mr. Tom,Hedges City of Eagan Eagan, MN. Dear Mr. Hedges: On behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like to petition the City of Eagan to have the fence removed from under the Diffley Road underpass. Building upon the partnership that we have forged together in the creation of the Caponi Art Park, I'm sure you'll agree that the fence is at odds with our shared goals with respect to future success of the park. • You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom Colbert where we discussed the merits of this idea. There are numerous problems with the current situation such as difficulty keeping the bike path clear of debris and the fact that the area has become a gathering place for people involved in questionable activities. It is our belief that these problems could be solved by removing the fence. This would allow the Art Park to continue to operate as a unified whole and would still provide a bike path on the north side of the road to serve as the connector to Patrick Egan Park. It was suggested that the appropriate next step would be.a formal petition from the Caponi Art Park; to the City. It is my hope that this letter can serve as the catalyst to get the process started to address this issue. I'd be happy to present a more detailed analysis of the advantages of these changes to any audience you deem appropriate. In addition, the Caponi Art Park would be willing to take responsibility for the labor and reasonable costs associated with removal of the fence. I look forward to your guidance on our next steps and very much appreciate the role you have played in bringing the Caponi Art Park into existence. Cordially, Cary James Felbab President, Board of Directors Capon Art Park and Learning.Center rn �W Advisory Parks Commission Minutes of Regular Meeting of December 19, 2005 Page 2 Edi Nc-i00—Y-W�1[fr h;iot Director Johnson provided a brief overview of recent department activities for the parks, recreation and facilities divisions. She also noted that the manner in which the information was provided by the various divisions reflects an effort to share events and activities that specifically meet targeted goals for enhanced. services and opportunities to the community. Member Filipi moved, Member Danner seconded with all present members voting to make a recommendation to the City Council to approve the Eagan Place 2ad Addition proposal as presented. There were no items to review under Development -Proposals BAND SHELL AND PA SYSTEM RENTAL FEE Director Johnson introduced this item noting that the Eagan Rotary Band Shell has primarily been used for Parks and Recreation sponsored events or as part of ECC wedding rentals. As the interest in the use of this facility increases a fee structure is needed to respond to the requests. Director Johnson reviewed the fee structure and. responded to questions from commission members. It was clarified that the half day and full day designation would be consistent with existing pavilion reservations. After further brief review, Member Peterson moved, Member Bari seconded with all present members voting in favor to recommend to the City Council that the following fees be included in the fee structure: Rental of the Bans Shell only: Half day Full dav' Resident $340.00 $ 640.00 • Non-resident 425.00 800.00 Rental of Band Shell w/sound system* • Resident $540.00 $1000.00 • Non-resident 675.00 1250.00 *Required staff technician at $20/hour CAPONI ART PARK BOARD REQUEST Director Johnson introduced this item noting, that the Caponi Art Park Board is requesting that the fence currently installed in the Diffley Road pedestrian tunnel be removed to allow for transport of their equipment through the tunnel and to allow better pedestrian access when the Art Park is open for public events. She provided brief background information regarding the initial installation of the fence which runs down the middle of the walkway for the full length of the tunnel to allow for public pedestrian • crossing of Diffley Road from the boulevard trails while prohibiting access to the private Art Park. While the request from the Art Park Board only addresses the issue of removing the fence from the tunnel it has 17 Advisory Parks Commission Minutes of Regular Meeting of December 19, 2005 • been noted that there is an interest in changing the park's boundary fences to fully surround the tunnel and Prohibit public access except when the Caponi Art Park is open to the public. Tony and Cheryl Caponi, 1205 Diffley Road, provided an extensive overview and additional histori cal background regarding the initial installation of the tunnel that was constructed under Diffiey Road. They expressed their concern for transporting maintenance equipment from one side of the park to the other. In addition they shared concern that the public half of the underpass had become a gathering place for people involved in questionable activities and is littered with broken bottles and other trash. They opined that the underpass is seldom used and it is the only place in the city that has an underpass to get from one side of the street to the other. Mr. Caponi continued that his main interest was to maintain the in and security of the park now that it is her more heavily used and attended. Member Danner asked about the main reason for the tunnel. Mr. Caponi responded that it was intended to get people from the north property of the Art Park to the south property. When asked about where the boundary fence might be relocated, Mr. Caponi explained that they would prefer that people enter and exit the park in one location; near the amphitheater. Member Peterson opined that although she had little concern for removing the fence from the middle of the tunnel she was more concerned about people continuing to have access to Patrick Eagan Park and that the access off Diffley Road needs to remain open. Director Johnson reiterated that the tunnel provides the pedestrian crossing for general trail users and provides a mid -point crossing on Diffley Road between Pilot Knob and Lexington. Members Belfiori and Davis expressed an interest in obtaining more information since there seemed to be •several unanswered questions. Member Peterson asked who currently owns the parcel with the amphitheater. Mr. Caponi responded that the park is a single entity so it would be wrong to say who owns what. Member Peterson responded that if it is all one park that access becomes even more important to the public. Mrs. Caponi responded that anyone using the tunnel can access the Art park whenever it's open but -that there is almost no general use of the tunnel. Member Danner asked the Caponis to identify where the new fence line might be located. Although a specific location was not clearly, defined the intention was to close off the north entrance of the tunnel and incorporate it into the Art Park northerly property. The Caponis opined that this option would provide a higher level of security but would not impact access to Patrick Eagan park from Diffley Road. Mr. Caponi added that it was their hope that this could move forward quickly so that there is no further delay to this request. Members Zipf and Lodhi reiterated other commission members' concerns regarding the need for more thorough information. Member Lodhi commented that thetunnel serves a purpose to pedestrians and was concerned that moving the fence would restrict that use. After further extensive discussion, Member Peterson moved, Member Davis seconded with all present members voting in favor to table the discussion pending receipt of the following information: • Have the Caponi Art Park and Learning Center Board of Director provide an illustration of where the fence outside the tunnel would be proposed to be located. • Obtain an opinion from the Engineering Department regarding the impact to pedestrian traffic if the fence is moved. • Bring the above information back to the Acquisition/Development Subcommittee for further • • review and consideration before bringing the issue back to the whole Advisory Commission. Input regarding the County's plan for Diffley Road over the this review. next 10 years was also requested_for 9A City of Eagan EMO Parks aad Recreatioa ' M AGENDA ITEM: TO: FROM: CAPONI ART PARK BOARD REQUEST ADVISORY PARKS COMMISSION Date: December 19, 2005 Agenda Item: 1-1; Capord Art Park Board Request ActionX Informadon ®. Attachments PX 1. JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION ITEM DESCRIPTION: The Caponi Art Park Board has submitted a letter requesting that the City allow removal of the fence from the Diffley Road pedestrian tunnel ,: . BACKGROUND The pedestrian tunnel under Diffley Road was constructed in 1992 through a cost share between the City and Anthony Caponi. The intention being the creation of both a private and public pedestrian crossing of Diffley Road and a physical connection between the north and south Caponi parcels, said parcels to become what is now the Caponi Art Park. At the time of construction, a fence was placed in the Diffley Road pedestrian tunnel. The fence runs down the middle of the walkway for the full length of the tunnel. The fence allows for public pedestrian crossing of Diffley Road from the boulevard trails via the tunnel while prohibiting access to the private Art Park. The Caponi Art Park Board has requested that the fence be removed to allow for transport of their equipment through the tunnel and to allow better pedestrian access when the Caponi Art Park is open for public events. To accomplish this, the Art Park Board has proposed changing the park's boundary fences to fully surround the tunnel and prohibit public access except when the Caponi Art Park is open to the public. ANALYSIS The original design of the tunnel called for a smaller passage and no fence. At the behest of the Caponis, a wider tunnel with a fence was bid as an alternate. Per the agreement, the Caponis paid for the additional cost of the alternates. The current fence placement allows for public use of the tunnel at any time. This access provides a safe pedestrian crossing of Diffiey Road A signalized pedestrian crossing is available at the intersection of Lexington and Diffley. An existing trail extends from the north endof the tunnel to the southerly border of Patrick Eagan Park where it dead ends. Currently, pedestrian use of the tunnel to access either the Art Park or Patrick Eagan Park is very minimal. The Capons do use the tunnel as access for small -equipment operating between the north and south parcels. Maintenance of the tunnel amenities, lights etc, is provided by City staff. y C • U The letter of request does not state that the Caponi Art Park Board wishes to block the tunnel to general public use. However, staff received further information at a meeting on site with Anthony Caponi. Mr. Caponi stated that his intent was to change the fence line around the Caponi Art Park property to include the entire tunnel within the fence. This -would block the tunnel to public use except when the Caponi Art Park is open. DISCUSSION/EVALUATION: There are several aspects of the original tunnel agreement that are important to the consideration of the request; • Per Article 4; "The purpose of the of the Pedestrian Access" (i.e. tunnel) " is to provide the public with a walking, hiking and biking trail connecting the north with the south side of Diffley Road........... • Per Article 10; Upon acceptance..... "Thereafter, the Pedestrian Access shall belong to and be under control and ownership of the City and the City hereby agrees to maintain the Pedestrian Access in a physical condition which will accommodate the intended use of both parties to this Agreement" • Per Article 11; This agreement may only be amended upon a written agreement of both parties As stated earlier, use of the tunnel by the public has been minimal. This may be due in part to the Patrick Eagan link being unfinished, thereby making the existing trail to the north a "path to • nowhere." The fixture extension of this connection would best be evaluated as part of a future master plan for Patrick Eagan Park. Should the connection be developed into the park, a mid -block crossing of Diffley at this location may be advantageous. Because it is unlikely that the Caponi homestead would become an accessible "public" element of the Art Park for some time, the segregation of use provided by the fence may continue to be appropriate. ALTERNATIVES FOR CONMISSION CONSIDERATION 1. Recommend that the request to remove the current fence be denied. C1 2. Recommend that the request be approved. r�10 01�/ Caponi Tunnel n Park i Tunnel 11 C� ( i -� � r,; i - 4r`Ty` �C`^C y �. '. � 1 I (�4 1 '. C tl � i I'l 4 ! y., _ ,,� �; r � R,. :a �'' ,: a5 i '��� �' ¢ �. .4 'I kF i '.i. i- I i' � L 1, — � � J �9 �I��n i 1215,Diffley Road Eagan, MN 55123 Mr. Tom Hedges City of Eagan Eagan, MN Dear Mr. Hedgesi Item: T - I Attachment:*aI eW. rac plftlast RECEIVED U o6 4 ewes) OCT 0 4 2005 BY: On behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like to petition the City of Eagan to have the fence removed from under the Diffley Road underpass. Building upon the partnership that we have forged together in the creation of the Caponi Art Park, I'am sure you'll agree that the fence is at odds with our shared goals with respect to future success of the park You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom • Colbert where we discussed the merits of this idea There are numerous problems with the current situation such as difficulty keeping the bike path clear of debris and. the fact that the area Vitas .beopme• a gathering Alam for people involved in questionable activities. It is our belief that these problems could be solved by moving the fence. This would allow the Art Park to,continue.to operate as a unified whole and would still provide a bike path on the north* side of the road to serve as the connector to Patrick Egan Park- It arkIt was suggested that the appropriate next step would be a formal petition from the Caponi Art Park to the City. It is my hope that this letter can serve as the catalyst to get the process started to address this issue. I'd be Happy to present a more detailed analysis of the advantages of these changes to any audience you deem appropriate. In addition, the Caponi. Art Park would be willing to take responsibility for the labor and reasonable costs associated with removal of the fence. I look forward to your guidance on our next steps and very much appreciate the role you have played in bringing the Caponi Art Park into existence. Cordially, �� Aeta6b. Preidtmlr Board.of Directorss. ,. Capon, Art Park and I.earnin C g enter.. ..' _ ,.. • a7 0 • • Relationship of Bike Path along Diffley Road 'to Capon Art Park Underpass I Road DireWy Connecting I Bike Path to Patrick Egan Park D'Mey Road 0 Patrick Egan Park w - Capon) Art Park And Learning Center BOARD OF DIRECTORS CARY FELBAB Predtlmi CHIP LSJDMQE r ROBERLeAV +. JR ANTHONY CAPONI CHERYL CAPON[ MICHAEL MAGUIRE PAUL VERREr 1205 DIF FL EY ROAD EAGAN. MN 55123 .51.454.5412 �� September 26, 2005 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, RECEIVED OCT 2.5 Z005] As a follow-up to our August 10, 2005 meeting also attended by City Council Member Mike Maguire, Dakota County Commissioner Tom Egan and City Engineer Tom Colbert, and after discussing the matter with members -of the Art Park Board of Directors, I petition the City of Eagan on behalf of the Caponi Art Park and Learning Center to restore the full use of the Diffiey Road underpass to the Art Park as originally intended. In 1992 when Diffley Road was being widened, I requested an underpass to.connect the two sections of the Art Park. The City agreed to put in a smaller tunnel than I had specified I thea paid the difference to have the present underpass installed, including lights, to meet the needs of the Art Park The fence that divides the underpass into two narrow have been a necessary1?as�$ewbte may my ability to see the Art Park project mpledo when w that the Art the City Park is a reality and the partnership with the City reaffirms the Art Park's dedication to serving the community I'm sure you'll agree that the fence is a detriment to our shared goaL There are numerous problems with the Art Park's restricted use of the underpass. The most important relate to safety and utility. The 8ft-wide passageway, created by dividing the underpass in two is a bottleneck for movement within the Art Park, It is too narrow to accommodate park vehicles and pedestrians. The Art Park makes ample use of golf carts for tours and to assist elderly and handicap park visitors. The carts crowd Pedestrians and they cannot pass one another in the tunnel, and even though passengers are instructed to keep their hands within the cart the narrowness of the passageway is a known risk to children that we cannot ignore. It is difficult to get maintenance equipment from one side of the park to the other. The concrete wall of the underpass shows tire marks from trying to avoid hitting the fence, with the bobcat and it is almost impossible to carry any tool that sticks out beyond the width of our equipment. The public half of the underpass has become a gathering place for people involved in questionable activities. Itis usually littered with broken bottles and other trash that Art park staff has had to clean because it is too narrow for City maintenance equipment to access. Art Park staff has also had to consistently police the underpass to discourage vandalism and graffiti. As to its intended value to the public, the underpass is seldom used and it is the only place in the city that has an underpass to .get from one side of: the street to the other. There are no homes on the souih_ side of Diffley a9. L� A 0 • 0 Relationship of Bike Path along Dney Road to Capon Art Park Underpass Road Directly Cormeciing Bike Path tD Patrick Egan Park Diiftey Road Patrick Egan Park Capons Art Park And Learning Center City of Eap 1110 TO: JM SEYDELL JOHNSON, PARKS & RECREATION DIRECTOR FROM: RUSS MATTHYS, CITY ENGINEER DATE: DECEMBER 20, 2005 SUBJECT% DHq?LEY ROAD TUNNEL I am writing in response to your e-mail inquiry of December 20, 2005, regarding a request from the Caponi Art Park Board to remove the fence that divides the Diffley Road pedestrian underpass and allow them to use the entire tunnel only for Art Park events and activities. You had attached a copy of a memo that you had written regarding the history of the tunnel. It appears in your memo that you researched the situation well and seemed to provide most of the reason why the public access needs to remain through the tunnel. In addition to the likely future • trail connection to Patrick Egan Park that you referenced, the tunnel also provides connection between the trails on the south and north sides of Diffley Road. The missing Transportation Trail & Park Trail Systems segment of trail on the south side of Duey Road east of the tunnel to Lexington Ridge is likely to never be completed due to the topography adjacent to this segment of the County highway. The tunnel is necessary to allow the safe movement of pedestrians and other trail users from the south side of Duey Road to points east of the tunnel, including high pedestrian traffic generators (Lexington Duey Athletic Facility, shops/restaurams at Lexington & Diffley intersection). The loss of this public trail facility _ would not be supported by the Transportation Trail System or the Park Trail System. Please contact me with any questions. City Engineer C: Tom Colbert, Public Works Director Tim Platb, Transportation Engineer 251 • � City of Bain �o To: Parks and Recreation Director Johnson From: Administrative Intern Walz Date: December 30, 2005 Subject: Capon'. Art Park Tunnel As you requested, here is a brief summary of my findings regarding the public purpose underlying the City of Eagan's financial support and construction of the tunnel under Diffley Road between Pilot Knob Road and Lexington Avenue. The findings are based on an examination of Council minutes and supporting Project 607 documents as well as conversations with Public Works Director Colbert. • In brief, the installation of the tunnel achieved two public purposes: it was the more cost- effective option and it maintained trail connectivity. U The City's policy is to have trails along County roads. However, a natural bill made it difficult to establish a trail on south side of the new, widened Diffley Road. The City explored building a retaining wall on the south side to provide for a trail. However, slope and damages made this option very expensive. In addition, due to I& Capon's insistence that a tunnel would be critical to the viability of the Art Park, he offered to pay half of the tunnel's construction cost. This, in addition to the standard split of county road improvements between Dakota County (55%) and the City (45%), made the Diffley tunnel the most cost-effective option for the City. As a result of the trail on the south side of Diffley road being unable to continue due to the hill, the tunnel also provided trail connectivity. The proposed Diffley tunnel would provide connectivity between the trail on the south side of Diffley to the trail on the north side of Diffley without crossing a County road at an uncontrolled intersection. This connectivity supported the City's trail system as well as avoided potential public safety hazards of crossing at an uncontrolled intersection. Prior to the installation to the Diffley tunnel the City had never before financed an underpass intended for pedestrian use. However, despite lack of experience or precedent, the public purpose achieved by choosing the most cost-effective option and maintaining trail connectivity influenced the support of the City Council for the Diffley tunnel. AGENDA Rkw EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 21, 2006 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE 1. II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) 13L RECOGNITIONS & PRESENTATIONS 2 A. Swearing in of New Police Officers TV. CONSENT AGENDA P. 3 A. APPROVE MINUTES p 11 B. PERSONNEL ITEMS ?,13 C. APPROVE CHECK REGISTERS p ID. D. AUTHORIZE City Treasurer to complete application to US Bank for issuance of purchasing cards P. 1161 E. APPROVE 2007 Funding Application to Dakota County for the Community Landfill Abatement Funds Q, 17 F. APPROVE Premise Permit renewals for Mendota Heights Athletic Association to conduct pull -tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway P ZC G. APPROVE Premise Permit for Burnsville Hockey Club to operate a pull -tab operation at Timeout Restaurant, 286_4 Highway 55 H. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 946, (Thomas Center Drive - Street and Trail Improvements) P ZS I. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 948, (Westbury Addition - Street Improvement) P. 24 J. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 949, (Lexington Square - Street Improvements) p. i.5 K. APPROVE Easement Agreement for Project 778 (TH 149 Upgrade) ?-?b L. AMEND the Commercial Park Dedication Fees based on recent Legislative changes F 30M. APPROVE Renewals of Existing Liquor Licenses for 2007 P.54 N. APPROVE extended hours of operation, Sprint Nextel (Sperry Water Tower—Antennae Repair) V. PUBLIC HEARINGS p -;55A. PROJECT 877, Final Assessment Hearing, Lexington Avenue (Lone Oak Road to TH 55) - Street Improvement (will be continued to December 4, 2006 Council meeting) 9,5(p B. -PROJECT 942, Deerwood Drive - Street Overlay 'P. C. PROJECT 943, Wescott Road - Street Overlay f VL OLU BUSINESS 'P, ODA. RECEIVE and Approve the Patrick Fagan Park Master Plan VII. NEW BUSINESS P 81A. PRELIMINARY SUBDIVISION - Dewitt Addition - A Preliminary Subdivision of 0.69 acres to create 2 single family lots located at 2804 Vilas Lane on Lot 1, Block 8, Country Home Heights in the NW'/4 of Section 03. IC6B. ORDINANCE AMENDMENT- Chapter 11, Window Signage -An Ordinance Amendment to the Sign Ordinance in Chapter 1 I to modify standards relative to window signage. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (there are not items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL ADJ642U' The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Ab� City of Earn ko TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 179 2006 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 21, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 21, 2006 City Council agenda, the following items are in order for consideration. Agenda Memo November 21, 2006 RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officers FACTS: Police Chief McDonald will introduce new Police Officers David Streefland and Mark Kritzeck to the Council and community. After a brief introduction, they will be administered the oath of office by Mayor Geagan. The new officers began their employment on October 30, 2006, to fill two existing vacancies within the Police Department. Agenda Information Memo November 21, 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 To approve the minutes of the November 9, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 regular City Council meeting are enclosed on pages L_ through 10�_- MINUTES OF A REGULAR MEETING OF THE ®R EAGAN CITY COUNCIL I� Eagan, Minnesota November 9, 2006 A Listening Session was held prior to the regular City Council meeting on November 9, 2006 in the Eagan Room. Norm Gillerman representing the Mendota Heights Athletic Club requested the Council consider an ordinance amendment that would allow charitable gambling, in addition to pull tab, in bars and restaurants. Council directed staff to research the policies of other area cities. Kent Vicara requested the Council consider an ordinance that would prohibit people from asking for money along City streets. Chief of Police McDonald discussed the issue with Mr. Vicars. A regular meeting of the Eagan City Council was held on November 9, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mille Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper., AGENDA Item to be added to the Consent Agenda - Reschedule final assessment roll for project 877. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mike Schrader was recognized for 18 years of service with the City of Eagan, retiring after 28 years of law enforcement service. Grant Bolter, new reporter for Sun Current was introduced. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay:0 A. Minutes. It was recommended to approve the minutes of the October 10, 2006 Special City Council meeting and the October 17, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. 2. It was recommended to accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. 3. It was recommended to approve the hiring of a community service office contingent upon successful completion of physical, drug and psychological testing. 4. It was recommended to approve the hiring of Matthew Mack and Barbara Normandin as full-time Managers -on -Duty at the Community Center. 5. It was recommended to accept the resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check register dated October 19, 2006 and October 26; 2006 as presented. D. Donation It was recommended to approve a resolution accepting a $825 donation from Home Depot for the Fire Department. E. Grant. It was recommended to approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. F.. Resignation. It was recommended to accept the resignation of Dean Haehnel from the Egan Airport Relation's Commission. G. Liquor License. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. Eagan City Council Meeting Minutes November 9, 2006 Page 2 ®RAFT H. Cascade Bay User Rates and 2007 Budget. It was recommended to approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). I. Release of Regulatory Agreement. It was recommended to approve the execution of release of regulatory agreement— Woodridge Apartments. J. Item removed K. Cedar Grove Redevelopment District. It was recommended to authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District L. Final Subdivision. It was recommended to approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE %4 of Section 4. M. Final Subdivision. It was recommended to approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE'%4 of Section 10. N. Proiect 776. It was recommended to receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension — Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. P. Release of O'Neill Drive. It was recommended to approve a resolution authorizing the release and transfer of jurisdictional authority for a portion of O'Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. Q. Contract 06-08. It was recommended to reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). R. Easement Vacation It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2nd Addition, and schedule a public hearing to be held on December 4, 2006. S. Lease Agreement. It was recommended to approve a resolution authorizing the City to enter into a lease agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. T. Item Removed. U. Design Contract. It was recommended to approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. V. Proiect 874. It was recommended to approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary — Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. W. Ordinance Amendment —City of Fagan. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. X. Project 877. It was recommended to reschedule the public hearing for Project 877 to December 4, 2006 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills to Dakota County stating there are currently ten delinquent false alarm bills, with an assessable amount of $1,570. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councihnember Maguire seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 9, 2006 OPAFT Page 3 /y T CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills to Dakota County, stating there are currently six delinquent weed cutting bills with an assessable amount of $1,751.88. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Geagan moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the certification of delinquent utility bills to Dakota County, stating there are approximately 526 utility bill accounts with delinquent payments in the assessable amount of $101,355.89. 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 — LOT 3,,BLOCK 1, SPECTRUM BUSINESS PARK SPECTRUM DEVELOPMENT City Administrator Hedges introduced this item regarding a 5 -foot and a 10 -foot variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, City Planner Ridley gave a staff report. Councilmember Carlson noted that the request was identical to the previous Variance request approved in 2001. Councilmember Maguire moved, Councilmember Fieldsseconded a motion to approve a'5 -foot and 10 -foot variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW 1/, of Section 2. Aye: 5 Nay: 0 PROJECT 928, MEADOW VIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for Project 928, Meadowview Road / Alexander Road street overlay improvements. Public Works Director Colbert noted that as a result of questions raised at the informational meeting regarding assessment amounts, the City Attorney has recommended that the final assessment roll be revised which will require re -notification of all property owners. No action was taken. OUTLOT A, RIVERPARK OFFICE CENTER EASEMENT VACATION City Administrator Hedges introduced this itemregarding an easement vacation for Outlot A, Riverpark Office Center. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 9, 2006 Page 4 aN Fl Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of a portion of public drainage and utility easements within Outlot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CANVASS OF BALLOTS — NOVEMBER 7, 2006 MUNICIPAL ELECTION City Administrator Hedges noted that state law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Councilmember Fields moved, Councilmember Maguire seconded a motion to certify the results of the November 7, 2006 Municipal Election. Aye: 5 Nay: 0 NEW BUSINESS CONSIDER PROPOSAL FROM EAGAN ART HOUSE City Administrator Hedges introduced this item regarding a proposal from the Eagan Art House Board to have the Eagan Art House operations become part. of the Parks and Recreation Department. Parks and Recreation Director Johnson gave a staff report. Councilmember Carlson movedCouncilmember Tilley seconded a motion to approve the proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Aye:5 Nay:0 WETLAND DELINEATION REPORT — WETLAND REPLACEMENT PLAN LONE OAK BUSINESS CAMPUS City Administrator Hedges introduced this item regarding a Wetland Delineation Report / Wetland Replacement Plan for Lone Oak Business Campus. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive and affirm the wetland delineation report and approve the wetland replacement plan by Lone Oak Development, LLC for wetland impacts of the proposed Lone Oak Business Campus development. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT — LONE OAK DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects, was present to answer questions. Discussion included proposed trails and sidewalks and parking requirements. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE %4 of Section 01, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan Eagan City Council Meeting Minutes November 9, 2006 Page 5 OPAFl • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. S. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such that the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height Buildings 6 and 7, shall not exceed five stories and 75 feet in height 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of certified landscape architect.. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 foodcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply wit the City's architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon staff review, for on-site trails determined to provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site: 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5 -year storms and infiltration through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in infiltration basins, and other low -impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. Eagan City Council Meeting Minutes November 9, 2006 , Page 6 23. The applicant shall be responsible for submitting a Tree mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping mitigation.. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. 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. 27. 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. 28. Public improvement projects providing for pipe outlets for Ponds FP -8 and FP -9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 31. The internal roadway/service drive system of the site plan should be modified to reflect restriction of access to Lone Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. 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. 34. 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. 35. 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the City Attorney). 38. 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. 39. 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. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 42. The financial guarantee for landscaping shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. Eagan City Council Meeting Minutes November 9, 2006 Page 7 ^� / 43. If any improvements are improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. RESOLUTION OF SUPPORT FOR CEDAR GROVE TRANSITBRT STATION CONCEPT PLAN City Administrator Hedges introduced this item regarding support for the Cedar Grove TransitBRT Station concept plan. Community Development Director Hohenstein introduced Beverly Miller, MVTA who thanked the Council for consideration of the proposed concept plan. Theresa Olson, TKDA, made a presentation regarding the BRT station concept plan. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for the Cedar Grove TransitBRT Station Concept Plan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION OF THE NOISE OVERSIGHT COMMUNITIES ON THE METROPOLITAN AIRPORTS COMMISSION City Administrator Hedges discussed proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Jason Ziemer made a presentation regarding the proposed legislation. Councilmember Carlson moved,.Councihnember Tilley seconded a motion to approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a,Special City Council meeting for Tuesday, November 21 at 4:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:05 p.m. 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. Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Lieutenant— ACTION TO BE CONSIDERED: To approve the promotion of Roger New from Police Sergeant to Lieutenant. Item 2. Sergeant— ACTION TO BE CONSIDERED: To approve the promotion of Steve Bolluyt from Police Detective to Sergeant. Item 3. Community Service Officer— ACTION TO BE CONSIDERED: At the November 9, 2006 City Council meeting, the hiring of a community service officer was approved contingent upon successful completion of required testing. Testing has been completed; the name of the new CSO is Paul Kuehnast. This item is informational only with no action required. Item 4. Health Insurance Provider -- ACTION TO BE To approve the retention of Blue Cross/Blue Shield as the City's health insurance provider for calendar year 2007. Item 5. Dental Insurance Provider— ACTION TO BE CONSIDERED: To approve the retention of Delta Dental as the City's dental insurance provider for calendar year 2007. Agenda Information Memo November 21, 2006 Eagan City Council Meeting Item 6. VEBA & Flex Spending Plan Vendor— ACTION TO BE To approve the retention of America's VEBA Solutions to perform the administration services for operation of the High DeductibleNEBA insurance plan and to administer the City's flexible spending plan for calendar year 2007. (Both teamsters, Clerical and Maintenance Units, accepted the insurance as proposed above through a one-year contract for 2007.) Agenda Information Memo November 9, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 9, 2006 and November 16, 2006 as presented. ATTACHMENTS: • Check registers dated November 9, 2006 and November 16, 2006 are enclosed without page number. Agenda Memo November 21, 2006 Eagan City Council Meeting CONSENT AGENDA: D. Authorize City Treasurer to complete application to US Bank for issuance of purchasing (credit) cards. ACTION TO BE CONSIDERED: To authorize the City Treasurer to complete an application to US Bank for issuance of One Card VISA purchasing (credit) cards. FACTS: • The City has been using VISA purchasing cards through US Bank since 1999. US Bank has recently instituted a new One Card program (still VISA) that offers several advantages over the existing program: o The program is serviced locally (vs. North Dakota) o Account and card management can be performed online o Potential for cash rebate exists. The program was created in conjunction with the 4M Fund specifically for local government units with the anticipation that the pooled volume will eventually be sufficient to generate rebates. • As with the existing program, the One Card program is offered at no cost to the City. • No changes to the list of authorized purchasers are proposed. Approximately two dozen current employees have been issued a purchasing card under the City's purchasing card policy adopted in 1999. ATTACHMENTS: 1F • � The One Card Applicant Authorization and Execution is attached on page 15 APPLICANT AUTHORIZATION AND EXECUTION By completing this One Card Program Application, Company acknowledges and agrees that•. (f) all information provided in this Application is true, complete and accurate and Company has authority to provide such information and complete such Application; (n) it requests that U.S. Bank establish a One Card Program and Accounts in the name of Company and issue Cards to its designated employees and representative in accordance with the Terms and Conditions of this Application; (iii) U.S. Bank will review this Application and may, at its sole discretion and at the terms imposed by it, grant such request, but that U.S. Bank is under no obligation to approve such Application; (iv) Company shag be bound by the Terms and Conditions contained herein; and (v) U.S. Bank is authorized to investigate, obtain, and exchange reports and information regarding this Application, any resulting accounts and the authorized officer executing this Application, with credit reporting agencies, Ed others with legit mate business aced for such reports or information. if this Appgration is approved by U.S. Bank at its own discretion Company acknowledges and agrees that the Terms and Conditions attached to this Application, with the Application information, shag constitute the Terms and Conditions of the Agreement between Company and U.S. Bank, which shag become effective on the Effective Date as referenced in the Tern and Conditions. Company catfies to U.S. Bank that the person executing this Application is authorized by Company in accordance with its organization Hiles and applicable law to bind the Company to the Terms and Conditions of this Application, including the authority to incur debt in the name of the Company. Company certifies that the signer's authorization to bind the Company and incur debt in the name of the Company is evidenced by the following: ❑ The signer is an officer as indicated on Company's SEC 10-K Form (no additional information needed). ❑ The signer is an officer of the Company and is acting in his or her capacity as an agent of the Company. Furthermore, the signer represents and warrants that he or she is duly authorized by an applicable Bylaw, Article or other Corporate Authority to enter into transactions of this nature. Company represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for the Company to be duly bound by this Agreement. (no additional information needed unless requested). If one of the above boxes cannot be checked, or if in the opinion of U.S. Bank's Credit Department father proof of authority is necessary customer must provide a Corporate Certificate of Authority that complies with CompaWs Articles of Organization or Bylaws. Once completed, please check box below and submit original document along with this application. ❑ Company has completed the U.S. Bank Corporate Certificate of Authority (attach copy of completed Certificate). By signing below, each individual signing this Application in his or her capacity as an authorized signing officer of Company and not in his or her personal capacity, certifies and warrants that (a) all action required by Company's organizational documents to authorize the signer(s) to act on behalf of Company in all actions taken under this Application and the Terms and Conditions, including but not limited to, the authority to incur Debt on behalf of Company, has been taken; (b) each signer is empowered in the name of and on behalf of Company to enter into all transactions contemplated in this Application; and (c) the signatures appearing on all supporting documents of authority are authentic. Company has read, understood and agrees to all Tema and Conditions in this Application and U.S. Bank is entitled to act in reliance upon the authorizations and certifications set forth in this Application. ♦ In witness whereof, Company has, by its duly authorized signer, executed this Application and agrees to the Terms and Conditions. As signer, I have read this Application and have authority to bind Company and agree with the Terms and Conditions, individually and on behalf of Company. Dated this _ day of 200_ by: Customer Signature Printed Name of Authorized Individual Printed Tide of Authorized Individual Second Signature (if -pi d by the company's orpauauo d guild=) Printed Name of Authorized Individual Printed Title of Authorized Individual FOR U.S. BANK USE ONLY Please attach a copy of Personal Guarantee if required for lending purposes. DATE of OFAC Banker's Employee IPM AM Searched by Treasury Management Employee ID CPS Sales Contact Name Billing Type Approved: ❑ Biweekly Billing Cycle ❑ Monthly Billing Cycle: Central Billing ❑ Monthly Billing Cycle: Central Billing and Individual Billing Association Selected for Program: ❑ visa ❑ Master Card Agenda Memo November 21, 2006 Eagan City Council Meeting E. CONSIDER APPROVING 2007 FUNDING APPLICATION TO DAKOTA COUNTY FOR THE COMMUNITY LANDFILL ABATEMENT FUNDS ACTION TO BE CONSIDERED: Approve the submission of the 2007 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville . FACTS: • Dakota County has funds available annually to help constituent cities promote and operate Landfill Abatement (Recycling) Programs. • The Cities of Burnsville, Eagan, and Apple Valley formed a partnership (Dakota Valley Recycling) that combined their recycling program efforts in June of 2003. • Staff has prepared one application for all three cities, which will be submitted to Dakota County to fund the program in 2007. • The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. • The total proposed Landfill Abatement Program request from Dakota County for 2007 is $135,900. There are three major elements to this budget request: 1. Base level funding for the Recycling Program. Dakota County has set their maximum share for this part of the budget at $126,900. 2. Local Negotiated Initiatives. Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes: Dakota Valley Recycling is applying for $9,000 to fund one project (Decision Makers Sustainability Survey). There are no matching funds required for the Negotiated Initiatives. 3. Enhanced services are program costs above and beyond what is funded by Dakota County. The proposal includes supplemental funding from the City of Burnsville in the amount of $13,500 to pay for services specific to the City of Burnsville. The City of Burnsville budgets for these services out of their Landfill Host Fee fund. These services include administering the hauler licensing program in Burnsville, coordinating the Household Hazardous Waste Collection event, and coordinating the Spring Appliance/Electronics Collection. Additional or Enhanced Services shall be performed for the Cities of Eagan and Apple Valley as requested on a "pay as you go" basis. The Community Landfill Abatement Application, Budget and the 2007 Work Plan will be available in the City Administrator's office should Council Members wish to review them. ATTACHMENTS: • None. Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA F. PREMISE PERMIT RENEWALS FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ACTION TO BE Approve Premise Permit renewal for Mendota Heights Athletic Association to conduct pull - tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway. FACTS: • The Mendota Heights Athletic. Association has applied with the Minnesota Gambling Board for the renewal of their premise permits at Valley Lounge and LaFonda de Los Lobos. • Mendota Heights Athletic Association has operated pull -tab operations in the City of Eagan since 1998. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: • The proposed resolutions are attached as pages 19) - 19 . • The application is available for review in the Administration Department. 1� RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON VALLEY LOUNGE PREMISES WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the Valley Lounge, 3385 Sibley Memorial Highway. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL It's Mayor Those Against: None Attest: It's Clerk Date: November 21, 2006 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6d' day of December, 2004. Maria Petersen, City Clerk IF2 RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISEYERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON LAFONDA DE LOS LOBOS PROPERTY WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the LaFonda de Los Lobos, 3665 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the LaFonda de Los Lobos, 3665 Sibley Memorial Highway. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL By: It's Mayor Those Against: None Attest: It's Clerk Date: November 21, 2006 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6'h day of December, 2004. Maria Petersen, City Clerk 19 Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA G. PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB ACTION TO BE CONSIDERED: Approve Premise Permit for Burnsville Hockey Club to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. FACTS: • The Burnsville Hockey Club bas applied with the Minnesota Gambling Board for a premise permit to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. • Burnsville Hockey Club has complied with requirements of the City Code to operate in the City of Eagan. • The application has been reviewed by the Police Department, • Staff deems the application in order for approval. ATTACHMENTS: • The proposed resolution is attached as page Zl . • The application is available for review in the Administration Department. ZO RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB . ON TIMEOUT RESTAURANT AND SPORTS BAR PROPERTY WHEREAS, the Burnsville Hockey Club has applied for a gambling control board premise permit for the year 2007 for the Timeout Restaurant and Sports Bar, 2864 Highway 55, 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 Burnsville Hockey Club application for a premise permit for the year 2007 at the Timeout Restaurant and Sports Bar, 2864 Highway 55. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL By: It's Mayor Those Against: None Attest: Date: November 21, 2006 CERTIFICATION It's Clerk 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6d' day of December, 2004. Maria Petersen, City Clerk 21 Agenda Information Memo November 21, 2006 Eagan City Council Meeting H PROJECT 946, THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD — TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 946, Thomas Center Drive — Street Improvements/ Thomas Lake Road Trail Improvements and schedule a public hearing to be held on December 19, 2006. FACTS: • A structural mill and overlay of Thomas Center Drive, from Thomas Lake Road to Cliff Road, in south-central Eagan is programmed for 2007 in the City of Eagan's 5 - Year CIP (2007-2011). • The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, is also programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the .Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 21 Agenda Information Memo November 21, 2006 Eagan City Council Meeting I. PROJECT 948, WESTBURY ADDITION STREET EUPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Westbury Addition, south of Westcott Road and west of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 23 Agenda Information Memo November 21, 2006 Eagan City Council Meeting J. PROJECT 949, LEXINGTON SQUARE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Lexington Square Addition, south of Westcott Road and east of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 2q Agenda Information Memo November 21, 2006 Eagan City Council Meeting K PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for'Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-22465-030- 01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four - lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the temporary easement for this property initially indicated a value of about $4,250. An offer. was accordingly forwarded to the property owner. • The property owner incurred legal fees for review of the associated appraisal and easement documents. These legal fees were not included in the offer. Therefore, the property owner requested additional compensation for these expenses. • In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the appraiser has suggested a revised offer of $5,250 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-22465-030-01, Lot 3, Block 1 Eagan Pointe, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 2.5 Agenda Memo November 21, 2006 City Council Meeting L. AMEND THE COMMERCIAL / INDUSTRIAL PARK DEDICATION FEES BASED ON RECENT LEGISLATIVE CHANGES ACTION TO BE CONSIDERED: To approve an amendment to the method of calculating Park Dedication for Commercial/Industrial developments, consistent with recent Legislation. FACTS: • Recent Legislation requires a consistent and justifiable approach to determining the amount of park dedication, be it cash or land, required of a developer. As result, the City Attorney has advised that aspects of the current City dedication process be amended • Currently, City park dedication for residential developments is determined through a formula that includes an "acres per person" constant while the Commercial/Industrial calculation is based upon "net buildable acres". • The amended formula is modeled after examples, provided by the City Attorney, of the method used in several other neighboring municipalities, and is based upon the same "acres per person" constant used in calculating dedication for residential developments in the City, with credit given for the non-resident status of potential employees. • In most instances, depending upon the development application, the amended method of calculation will result in the amount of dedication being slightly more, but occasionally less, than that resulting from the current use of "net buildable acres". • The amended method of calculation can be used for determining a.dedication of either cash or land. • The City Attorney and Advisory Park and Recreation Commission have reviewed the proposed amendment. ATTACHMENTS (1) • APrC write-up; pages to �. City of Eap MEMO Date: November l4, 2006 Agenda Item: DLA; Commercial Park Dedication Fee Modification Action X Information Attachments AGENDA ITEM: IX. A; COMMERCIAL PARK DEDICATION FEE MODIFICATION TO: ADVISORY PARKS COMMISSION PREPARED BY: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION ITEM OVERVIEW: Consideration of an alternative method of calculating park dedication for new developments considered as Commercial/Industnal BACKGROUNDIHISTORY: When evaluating a development proposal the City has the option of requiring that park and trail dedication be satisfied through a cash payment, in lieu of a land dedication. The method of calculating a cash dedication for all non-residential developments is based upon a,formula that incorporates estimated land value and numerical factors derived from park acres per 100 users and persons per unit. In contrast, the dedication amount for Commercial/Industrial developments has been calculated based upon "net acres" a measurement of what is considered usable space. In light of new legislation requiring that municipalities utilize a measurable and consistent method of determining cash dedications, the City Attorney has recommended that the formula used to determine Commercial/Industrial dedication be modified to incorporate a quantitative calculation versus qualitative. The method may also be used to.determine the amount of a land dedication ANALYSIS: One method suggested by the City Attorney is that used by the City of Apple Valley. It creates a numerical representation of the impact that a CommerciallIndustrial development may have on park and recreational facilities. The calculation is based upon a number of factors including; The average number of persons/employees per 1000 square feet of building • Suggested for Industrial = 1 person per 1000 square feet • Suggested for Commercial (& office) = 3 persons per 1000 square feet 2--7 2. A "person (resident) equivalency" which assumes that a person working at the building may be a non-resident and therefore demand or require fewer park services as compared to a resident. Use of park and recreational facilities/services may be limited to occasional trail use, picnicking and employee ball games. • Suggested equivalency= .5 (1/2) 3. A land factor that estimates, per person, the amount of park land needed to achieve the level of park service established by the City. • Suggested standard =.012 acres per person (Based upon the current Eagan standard of providing 12 acres per 100 residents = .012 acres per person) AV uses .0095 4. The value of the undeveloped land. Eagan has opted to use the value established by the County for tax purposes rather than a more volatile comparable sales method. Examples,• Commercial; Industrial 3 x 0.5 x 0.012 x $96,500 = $1737 per 1000 square feet of building (AV @ $1846) (1) (2) (3) (4) 1 x 0.5 x 0.012 x $78,800 = $473 per 1000 square feet of building (AV @ $624) (1) (2) (3) (4) (1) = Average persons per 1000 square feet (2) = Resident equivalency (3) = Acres of park land per person (4) = Land value Comparison• Assume a 1 acre Commercial property with a proposed 5000 square foot building /up to 30 % coverage is allowed ( 43560 x 30% = 13,000) Cash dedication under current system/calculated per net acre, 1 acre (—) any easements and Right of Way (example) =.9 net acres x $6,080 = $5,472 Cash dedication under proposed system/calculated per 1000 square feet of building 5000 square feet / 1000 = 5 x $1737 = $ 8,685 Notes; The area of the building is calculated on total square footage, not simply the foot print. Each floor of a multiple story building would be included. Should it be desirable to accept land in lieu ofcash dedication an area calculation would be made using the acres per person value of. 012 and the prorated equivalency for an employee versus a resident. ALTERNATIVES FOR CONUMSSION CONSIDERATION: 1) Recommend that the method used to calculate a Park Dedication for Commercial/Industrial developments be modified so as to be based upon the square footage and estimated employee occupancy of a building. The calculation shall be described as; Cash (A x B x C x D) x (total sq footage/1000) = Dedication Description (A)Average number of persons per 1000 square feet x (B)Resident equivalency x (C) A per person land factor x (D)Land value per County assessed values Rate per 1000 square feet of building x (total sq. footage/ 1000) = Cash Dedication Amount Values (A) =1 for Industrial development = 3 for Commercial/Retail Office (B) = 0.5 (1/2) (C) = 0.012 acres (D) = TBD Land (A x B x Q = Land Dedication Equivalent in acres 2) Recommend no change at this time 3) Recommend other method 7 z9 Agenda Information Memo November 21, 2006, Eagan City Council Meeting M. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2007 ACTION TO BE To approve the renewals of existing liquor licenses for 2007, subject to review of applications, payment of fees and Police Department reviews: FACTS: ➢ The liquor license renewals for the year 2007 include the following: (16) off -sale liquor (28) on -sale liquor (26 restaurants and 2 hotels = 28 total) (6) on -sale wine and beer (8) on -sale beer (14) off -sale beer (1) brew pub off -sale malt liquor (1) sports/conventionfacility ➢ These renewals are in the process of completion and should be approved subject to review and recommendation by the Fagan Police Department, payment of fees and submittal of required documents. ATTACE[MENTS (1): Liquor license renewals on pages3l through. WIN 2007 Off -Sale Liquor Licenses —s,tii _ ain _.- �.._ibe ' .. A iifte :.A 1 Amber Liquor of Eagan, Inc. Amber Liquor 4250 Lexington Ave. South Ts Discount Liquor Big Discount Liquor, Inc. 3900 Cedar Grove Parkway Sidoo, Inc. Big Top Wines & Spirits 1284 Town Centre Drive Black Diamond Liquor, LLC Black Diamond Liquor 525 Diffley Road, Suite 2050 Diffley Liquor Inc. Blackhawk Liquor 4130 Blackhawk Road ByeByerly Beverages Inc. Berl 's Wines & Spirits 1299 Promenade Place Madco Incorporated Cedar Grove Liquor 1967 Silver Bell Road Cellars Wines/S IHWEagan Inc. Cellars Wines & Spirits 2113 Cliff Road CJ of Eagan LLC Comers Liquors 3090 Courthouse Lane E & M Liquor LLC E & M Liquor 1444 Yankee Doodle Road K -Li uor, Inc. K -Li uor 1274 Lone Oak Road K & J Liquors, LLC MGM Wine & Spirits 4182 Pilot Knob Road Melina P. To MT Liquory 1629 Lena Court #105 Perrier & Associates, Inc. Perrier Wines & Spirits 1960 Cliff Lake Road #101 Sam's West Inc. Sam's Club # 4738 3035 Denmark Avenue Suite 1 International Business Enterprises, Inc. T.L. Liquors 1565 Cliff Road Suite 18 & 19 2007 On -Sale Wine & Beer Licenses 1 7 --TAD, , s . sVlf _ Fratelli Tre, Inc. Carbone's Pizzeria 1665 Yankee Doodle Road Hoban Korean Restaurant, Inc. Hoban Korean Restaurant 1989 Silver Bell Road J & R Group, Inc. Italian Pie Shoppe & Winery 1438 Yankee Doodle Road The Noodle Shop Co. - Colorado, Inc. Noodles & Company 1340 Town Centre Drive Sambol, Inc. Sambol Restaurant 1260 Town Centre Drive Jesimo, Inc. Steakbones Grill 1448 Yankee Doodle Road 2007 On -Sale Liquor. Licenses 2007 Sports/Convention Facility License t - 7iD a6ie` . � ` ::�, - -- ° L'�eertse?, dd Gavin Burnette Management Inc. Al Bakers Restaurant 3434 Washington Drive Apple America Ltd. Partnership of MN.Applebee's Neighborhood Bar & Grill 1335 Town Centre Drive Charlie Rae, Inc. Axel's Bonfire Wood Fire Cooking 1555 Cliff Road Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's Bar & Grill 3883 Cedar Grove Parkwa Casper's Cherokee Sirloin Room Eagan Inc. Cherokee Sirloin Room 4625 Nicols Road Chili's of Minnesota, Inc. Chili's. Southwest Bar & Grill 3625 Pilot Knob Road Coo eras Restaurant, Inc. Cooper's Restaurant 4185 South Robert Trail T.C.B.H., Inc. Ai ort/Ea an 2700 Pilot Knob Road Don Pablo's Operating Corp. Don Pablo's 1280 Promenade Place Cliff Corporation Doolitties 2140 Cliff Road' Cerrito Colorado, Inc. EI Loro Mexican Restaurant 1428 Yankee Doodle Road Arzu's Restaurant Concept, Inc. Gen hi's Grill 1304 Town Centre Drive Granite City Food & Brewery LTD Granite City Food & Brewery 3330 Pilot Knob Road GRME, LLC Green Mill Eagan 1940 Rahncliff Court HGIE, LLC Hilton Garden Inn Eagan 1975 Rahncliff Court Wheatstone Restaurant Group, LLC Houlihans 1294 Promenade Place Eagan Jakes, Inc. Jakes City Grille 1288 Promenade Place Jensen's Supper Club, Inc. Jensen's Supper Club 3840 Sibley Memorial Highway Joe Senser's of Eagan, Inc. Joe Senser's Sports Bar & Grill 3010 Ea andale Place Cuz, Inc. LaFonda's 3665 Sibley Memorial Highway Lost Spur Golf Course, Inc. Lost Spur Golf Course 2750 Sibley Memorial Highway Ansad Corp. Mediterranean Cruise CaM 3945 Sibley Memorial Highway Wadsworth Old Chicago, Inc. Old Chicago Pizza 1312 Town Centre Drive Starks 1, Inc. Ricke 's CaM/Starks Saloon 3125 Dodd Road Hall & Convention Center, Inc. Royal Cliff 12280 Cliff Road Time Out Management Eagan, Int. Time Out Restaurant & Sports Bar 12864 Highway 55, Suite 900 Latt, Inc. Valley Lounge 13385 Sibley Memorial Highway Viva Italia LLC Viva Italia 11629 Lena Court 2007 Sports/Convention Facility License t - — ^ ; - `Z s :aae4 Burnsville Development Ltd. Holiday Inn Burnsville 114201 Nicolle Avenue, Burnsville 2007 On -Sale Beer Licenses 2007 Off -Sale Beer Licenses w �,-.Ci nseetName _z:,: Davanni's Inc. Davanni's Pizza 1960 Cliff Lake Road Dragon Palace Restaurant Dragon Palace Restaurant 1466 Yankee Doodle Road M. Cheng, Inc. Hong Wong 2139 Cliff Road Parkview Golf Associates LLC Parkview Golf Club 1310 Cliff Road Patricia Boudrea Piccolo's Pizzeria 4162 Pilot Knob Road ,Sky Ventures, LLC. Pizza Hut #401023 1325 Town Centre Drive Vlla a House Ii, Inc. Que met 1272 Town Centre Drive West End Hunting Club lWest End Hunting Club 1535 Gun Club Road 2007 Off -Sale Beer Licenses w �,-.Ci nseetName _z:,: - °. �� A, ainel _ `.ra , .: .: : Lice _: e• . rqs SUPERVALU INC. Cub Foods 1940 Cliff Lake Road Holiday Stabonstores, Inc. Holiday Stationstore.#232 4595 Nicols Road Holiday Stationstores, Inc. Holiday Stabonstore #247 3615 Pilot Knob Road Kwik Trip, Inc. Kwik Trip #662 3145 Dodd Road Twin Cities Stores, Inc. Oasis Market Store #518 3390 Coachman Road Twin Cities Stores, Inc. Oasis Market Store #576 3150 Dodd Road Twin Cities Stores, Inc. Oasis Market Store #594. 1286 Lone Oak Road PDQ Food Stores, Inc. PDQ #214 4198 Pilot Knob Road RBF, LLC of Wisconsin Rainbow Foods 1276 Town Centre Drive Sam's West Inc. Sam's Club #4738 3035 Denmark Avenue Speedway Su erAmerica LLC Su erAmerica #4049 4200 East Highway 13 Speedway SuperAmerica LLC Su erAmerica #4182 1406 Yankee Doodle Road Speedway Su erAmedca LLC SuperAmerica #4335 1379 Town Centre Dr. [Speedway Su erAmerica LLC ISuperAmerica#4464 12250 Cliff Road 2007 Brewpub Off -Sale Malt Liquor License -10 N� tie =DBANairie Granite City Food & Brewery Ltd. lGranite City Food & Brewery 3330 Pilot Knob Road Agenda Information Memo November 21, 2006 Eagan City Council Meeting N. REQUEST FOR EXENDED HOURS OF OPERATION SPRINTNEXTEL ANTENNAE REPAIR — SPERRY WATER TOWER ACTION TO BE CONSIDERED: Approve extended hours of construction operations for SPRINTNEXTEL on the Sperry Water Tower to include 1-5 am. on December 1 & 2, 2006. FACTS: • SPRINTNEXTEL currently has 12 antenna panels on the Sperry Water Tower. They need to switch out 6 of their existing panels and reposition 6 others. Their system at this location currently feeds a repeater system for Northwest Airlines and they are limited as to when they can tum the system off. While the work itself is not noise intrusive, it will require the use of a boom truck with lights to access the panels attached to the water tower. They expect to complete the work in one evening (Dec. 1), but have requested the second night as a back up for the unknown. This work has been reviewed by the Public Works Utility Division and found to be in order for favorable Council consideration. ISSUES: • The Sperry Water Tower is located across Towerview Rd from the Timberwood Townhome development. While it is not anticipated that there will be any significant/noticeable impact to this residential area, the work is programmed for a weekend evening to minimize any possible conflict with a work/school night. Agenda Information Memo November 21, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 ASSESSMENT PUBLIC HEARING ACTION TO BE CONSIDERED: NO ACTION REQUIRED; The Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) public hearing has been rescheduled to be held on December 4, 2006. FACTS: • Project 877 provided for street improvement of the north one mile of Lexington Avenue (County State Aid Highway 43). The northern third was reconstructed and realigned when I -35E was built in 1983 and needed a maintenance surface mill and overlay as part of the project. The middle segment was over 35 years old with significant distresses and did not meet County structural design standards. This segment required a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Road intersection and needed a surface mill and overlay. • The City was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under Contract 04-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • On October 17, 2006, the final assessment roll was presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. A public hearing was scheduled for November 21, 2006. • On November 9, 2006, the City Council rescheduled the public hearing to be held on December 4, 2006. 35 Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PROJ 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB RD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 942 (Deerwood Drive, Blackhawk Road to Pilot Knob Road — Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Deerwood Drive (Blackhawk Road to Pilot Knob Road) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • 'On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Deerwood Drive. • The project also provides for narrowing of Deerwood Drive at established pedestrian crosswalks at the Riverton Avenue and Rocky Lane/School entrance intersections, providing for safer pedestrian access. • On October 17, 2006, the feasibility report for Project 942 was presented to the City Council and a Public Hearing was scheduled for November 21 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 16 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 98 total properties (24 single-family, 70 townhome, and 4 public facility) proposed to be assessed under this improvement, eleven property owners representing ten properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages 3 Ithrough. (00 • Informational Meeting Minutes & Attendees, pages(0l and V02 i -lit _� -' City of Sagan Pat Geagan November 16, 2006 MAYOR Honorable Mayor and City Council - - City of Eagan Peggy Carlson 3 83 0 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Deerwood Drive (Blackhawk to Pilot Knob Road) Street Revitalization Meg Tilley City Project No. 942 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our report for the Deerwood Drive Street Revitalization, City Project No.942. CITY ADMINISTRATOR The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER 3830 Pilot Knob Road Sincerely, Eagan, MN 55122-1810 ?ohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax I hereby certify that this report was 651.454.8535 TDD prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 John P. Gorder 651.675.5300 phone 651.675.5360 fax Date: Reg. No. 22813 651.454.8535 TDD Reviewed By: 2 L�� www.cityofeagan.corri Dept. o4Public s Date: 1 I - I - oReview THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal /Certification Table of Contents Page Introduction.......................................................................................................1 Scope................................................................................................................. 2 Feasibility and Recommendations.................................................:............................3 StreetEvaluation................................................................................................... 3 ProposedImprovements..........................................................................................4 Easements/Permits................................................................................................ 5 CostEstimate...................................................................................................... 5 Assessments........................................................................................................ 6 Low Density Residential (Single -Family & Townhome)....................................... 6 PublicFacility ............................................................................................6 Assessment Financing Options................................................................................. 6 Revenue Source................................................................................................... 7 ProjectSchedule....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 - 2A/B/C - 3 Location Map Street Improvement/Assessment Area Map Typical Section —Overlay November 2006 Neighborhood Street Revitalization Deerwood Drive Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance. strategies: In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 1.3 miles of 48' wide Deerwood Drive, from Blackhawk Road to Pilot Knob Road, in central Eagan is identified for the 2007 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. Deerwood Drive was constructed in stages between 1980 and 1986, as part of adjacent development, and in conjunction with the construction of I- 3 5E in the early 1980's. There have also been various utility excavations and patching along this roadway which have accelerated the overall deterioration of the pavement. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying this roadway, which is mainly in the 20 to 25 year time frame, will prevent further decay of the, pavement surface, thus protecting and extending the structural life of the street. Deerwood Drive Page 1 Timely maintenance work, such, as bituminous patching, crack sealing and seal coating have occurred at- appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Deerwood Drive was crack sealed in 1990 and seal coated in 1992, and seal coated again in 2000. Spot seal coating and patching has also occurred in the past few years. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.3 miles of roadway. Figures 2A/B/C, located in Appendix C, illustrates the project area. included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, pedestrian ramps, the construction of a concrete entrance apron, and traffic -calming pedestrian safety improvements. Deerwood Drive . Page 2 4\ Feasibility and Recommendations -This project is necessary to prevent finther decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of the street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --loo Routine Maintenance/Crack Seal/Seal Coat F3_6- 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct This portion of Deerwood Drive has a current pavement condition rating of 57 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the, preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if Deerwood Drive Page 4 _ no improvements are performed. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 4,'/s " bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous surface will be edge -milled to accommodate a 1'/: -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb &'gutter/ sidewalk/ trail - Damaged curb & gutter and sidewalk/ trail will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the fust 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents Deerwood Drive Pags s prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turfgrass areas. Sidewalk/ Path Pedestrian Ramps — Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps on the concrete sidewalks and bituminous paths on local intersecting streets. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Traffic -calming/ pedestrian safety — "Chevron" pavement markings intended as a traffic -calming measure were installed on Deerwood Drive between Blackhawk Road and Riverton Avenue in 1997. These markings have had no affect on travel speeds on Deerwood Drive. In lieu of the chevron markings, it is proposed to narrow the traveled roadway (from 48 feet to 24 feet) in two areas Deerwood Drive Page 5O with existing pedestrian crosswalks, at Riverton Avenue and at Rocky Lane. This type of street narrowing has reduced vehicle speeds and provided added pedestrian safety in similar applications throughout the region and within the City. Driveway. Replacement —The Dakota Electric power substation (1760 Deerwood Drive) property was constructed with a bituminous driveway entrance and is proposed to be replaced with a concrete driveway apron consistent with current City standards to accommodate the heavy truck traffic to the substation. The entrance will be reconstructed with a 7" -thick concrete entrance apron. This driveway entrance replacement provides an entrance of adequate strength and width and is consistent with similar past projects in similar areas throughout the City. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Deerwood Drive is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 .construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Full Width Mill and Overlay W/ Signage & Striping $ 245,620 • Repair Ex. Concrete C & G/ Sidewalk/ Trail/ Traffic Calm $ 100,310 • Concrete Entrance Apron 6,700 Total Project Cost $ 352.630 Deerwood Drive Plage 6 4,5 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill - — and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3)* 50% 50% • Public Facility 75% 25% Repair Existing Concrete Curb and Gutter 0% 100% Driveway Replacement 100% 0% *A 32/48 street. width ratio is used to calculate the assessment for low-density properties on. collector streets. Deerwood Drive Page 7 Low Density Residential — Single -Family Lots (R-1) - All single-family residential equivalent properties having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for low- density residential properties (R-1, R-2, R-3). The estimated cost per residential. lot to be _ _assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) % Single -Family Residential (81,2,3) = 2,531 ff. / 12,742 (total ff.) =19.9% 2) [$245,620 (NMI & Overlay Cost) x 50% x (32/48) x 19.9%] _ $16,290 [Total Single - Family Residential Assessment (R-1, 2, 3)] 3) $16,290 (Total Single Family Residential Assessment) 4 $679/ lot 24 Equivalent Single Family Residential Lots Low Density Residential — Townhome Lots (R-2, R-3) - All townhome residential properties (Deerwood Townhomes and Woodstone Townhomes) having private street access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable to these residential properties (R-2, R-3). The estimated cost per townhome residential lot to be assessed based on the City Assessment Policy is $156 per Lot and is calculated as follows: 1) % Townhome Residential (R2,3) = 1,693 ff. / 12,742 (total ff.) =13.3% 2) [$245,620 (Mill & Overlay Cost) x 50% x (32/48) x 13.3%] _ $10,890 [Total Townhome Residential Assessment (R2, 3)] 3) $10,890 (Total Townhome Residential Assessment) -> $156/ lot 70 Townhome Residential Lots DeerwoodDrive Public Facility - All public facility properties ,(Dakota Electric substation, Blackhawk/ Deerwood Schools, and the AT& T cell tower site) having direct access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these properties. The estimated cost per front foot to be assessed based on the City Assessment Policy is $13.27/ Front Foot and is calculated as follows: 1) % Public Facility = 2,214 ff. / 12,742 (total ff.) = 17.4% 2) [$245,620 (Mill & Overlay Cost) x 75% x (44/48) x 17.4%] _ $29,380 [Total Public Facility Assessment] 3) $29,380 (Total Public Facility Assessment) 4 $13.27/ F.F. 2,214 Public Facility F.F. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $679 Townhome Lot = $156 Principal Per Year Interest Per Year Cost Per Year First Year $136 $37 $173 Fifth Year $136 $8 $144 Townhome Lot = $156 Deerwood Drive Page 9 Principal Per Year Interest Per Year Cost Per Year First Year $31 $9 $40 Fifth Year $31 $2 $33 Deerwood Drive Page 9 _ -__ - Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $289,370 (83% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .......... Neighborhood Meeting ............. Public Hearing .............................. ...............................October 17, 2006 .............November 16, 2006 .............November 21, 2006 MnDOT = Approval of Plans and Specifications .............................. City Council — Approval of Plans and Specifications ....................... Award Contract Project Completion Final Cost Report Final Assessment Hearing........ .... January, 2007 .... January, 2007 .. February, 2007 ..August 1, 2007 September, 2007 ..................................:.......... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Deerwood Drive Page I0 49 Project Cost Property Assessment City Contribution Mill & Overlay/ Signs $245,620 $56,560 ($189,060) Repair Existing Curb $100,310 -0- ($100,310) Conc. Entrance Apron $6,700 $6,700 -0- Totals $352,630 $63,260 ($289,370) The City's Major Street Fund will finance the estimated project deficit of $289,370 (83% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .......... Neighborhood Meeting ............. Public Hearing .............................. ...............................October 17, 2006 .............November 16, 2006 .............November 21, 2006 MnDOT = Approval of Plans and Specifications .............................. City Council — Approval of Plans and Specifications ....................... Award Contract Project Completion Final Cost Report Final Assessment Hearing........ .... January, 2007 .... January, 2007 .. February, 2007 ..August 1, 2007 September, 2007 ..................................:.......... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Deerwood Drive Page I0 49 Appendix A -Street Overlay - City Project No. 942 - - -- - - . - Preliminary Cost Estimate --- _ Deerwood Dr. YILYILLLLLV WI VLa w• v Item Unit Est Qty, Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 8,600 $1.25 $10,750 Type 2350/60 Wear Course Mixture Ton 3,200 $40.00 $128,000 Bituminous Material for Tack Coat Gal. 1700 $2.00 $3,400 Adjust Water Valve Box - Riser Adjustment Each 14 $75.00 $1,050 Repair Valve Top Section Each 4 $275.00 $1,020 Adjust Frame & Ring Castro (Manhole). Each 4 $360.00 $1,440 R & R Frame & Ring Castro ole Each 9 $500.00 $4,500 MH Riser Installation Each 6 $140.00 $840 Traffic Control L.S. 1 $3,000.00 $3,000 Replace Traffic & Street Signs L.S. 1 $9,200.00 $9,200 Chevron Pattern White Striping L.F. 720 $2.00 $1,440 4 -Inch White Striping L.F. 12,800 $0.50 $6,400 4 -Inch Double Yellow Striping L.F. 1 6,400 $1.00 $6,400 Subtotal $179,940 + 5% Contingencies $9,000 Subtotal $188,940 + 30% Indirect Costs $56,680 TOTAL $245,620 Concrete Curb & Gutter/ Sidewalk/ Trail/ 12 Item Unit Est. Unit Price Est. Cost Remove Concrete Valley Gutter S.Y. 40 $10.00 $ 400 Remove Concrete Sidewalk S.F. 300 $5.00 $1,500 Remove Concrete Curb and Gutter L.F. 1,400 $6.00 $ 8,400 Remove Bituminous Pavement S.Y. 500 $5.00 $ 2,500 B618 Concrete Curb and Gutter L.F. 1,200 $16.00 $,19,200 D412 Concrete Curb and Gutter L.F. 200 $15.00 $ 3,000 T' Concrete Valley Gutter S.Y. 40 $50.00 $ 2,000 Adjust Frame & Ring Castro C.B) Each 24 $200.00 $ 4,800 R & R Frame & Ring Castro C.B) Each 1 $550.00 $ 550 12"RCP Catch Basin Leads L.F. 1 50 $50.00 $ 2,500 50 11 Catch Basin w/ Casting Each 6 $1,000.00 $ 6,000 Sod w/To soil S.Y. 220 $10.00 $ 2,200 Street Patching Ton 100 $70.00 $ 7,000 Bituminous Driveway Patching S.Y. 60 $24.00 $ 1,440 Truncated Dome Warning Paver 2' x 2' Each 45 $120.00 $5,400- 5,400•4" 4" Concrete Sidewalk S.F. 300 $5.00 $ 1,500 4" Cone Ped Ram w/ Wet Cast for Trun. Dom S.F. 1200 $4.25 $ 5,100 Subtotal $73490 + 5% Contingencies $3,670 Subtotal $77,160 + 30% Indirect Costs $23,150 TOTAL $100;310 Driveway Entrance Replacement Item Unit Est. Unit oty. Price Est. Cost Driveway Entrance Replacement S.Y. 70 $70.00 $4,900 Subtotal $4,900 + 5% Contingencies $250 Subtotal $5,150 + 30% Indirect Costs $1,550 Total -Driveway $6,7001 TOTAL PROJECT COST $352,630 12 51 Appendix B - City Project No. 942 Preliminary Assessment Roll -- — -- — — -- — -- - Deerwood Drive Street Overlay P.I.N. Lot Unit Eq uivalent Assessment Total Parcel (Single Famil Cedar Grove No. 8 1749 Deerwood Dr. 10-16707-120-10 1 $679 $679 1745 Deerwood Dr. 10-16707-110-10 1 $679 $679 1741 Deerwood Dr. 10-16707-100-10 1 $679 $679 1737 Deerwood Dr. 10-16707-090-10 1 $679 $679 1733 Deerwood Dr. 10-16707-080-10 1 $679 $679 1729 Deerwood Dr. 10-16707-070-10 1 $679 $679 1725 Deerwood Dr. 10-16707-0.60-10 1 $679 $679 1721 Deerwood Dr. 10-16707-050-10 1 $679 $679 1717 Deerwood Dr. 10-16707-040-10 1 $679 $679 1713 Deerwood Dr. 10-16707-030-10 1 $679 $679 1709 Deerwood Dr. 1046707-020-10 1 $679 $679 Subtotal 11 $7,470 Engstroms Deerwood 2nd Addition 1452 Deerwood Dr. 10-23901-010-01 1 $679 $679 1448 Deerwood Dr. 10-23901-020-01 1 $679 $679 1444 Deerwood Dr. 10-23901-030-01 1 $679 .$679 1440 Deerwood Dr. 10-23901-040-01 1 $679 $679 Subtotal 4 $2,720 Deerhawk Addition Block 1 1746 Deerwood Dr. 10-19910-030-01 1 $679 $679 1742 Deerwood Dr. 10-19910-040-01 1 $679 $679 1738 Deerwood Dr. 10-19910-050-01 1 $679 $679 Subtotal 3 $2,040 Oak Ridge Acres 1st Addition 1724 Deerwood Dr. 10-53700-010-01 1 $679 $679 1718 Deerwood Dr. 10-53700-020-01 1 $679. $679 1712 Deerwood Dr. 10-53700-030-01 1 $679 $679 1706 Deerwood Dr. 10-53700-040-01 1 1 $679 1 679 1700 Deerwood Dr. 10-53700-050-01 1 $679 $679 Subtotal 5 $3,600 13 52 Section 21 Townshiv 27 Ran a 23 1545 Deerwood Dr. 10-02100-020-08 1 $679 $679 Subtotal 1 $679 Parcel (Townhomes W/ Private Street Access to Deerwood Drive Woodstone Townhomes 1540 Stonewood Ln. 10-84900-010-01 1 $156 $156 1538 St6newood Ln. 10-84906-020-01 1 $156. $156 1536 Stonewood Ln. 10-84900-030-01 1 $156 $156 1534 Stonewood Ln. 10-84900-040701 1 $156 $156 1539 Stonewood Ln. 10-84900-340-01 1 $156 $156 1537 Stonewood Ln. 10-84900-330-01 1 $156 $156 1535 Stonewood Ln. 10-84900-320-01 1 $156 $156 1533 Stonewood Ln. 10-84900-310-Oi 1 $156 $156 1488 Deerwood Bend 10-84900-300-01 1 $156 $156 1490 Deerwood Bend 10-84900-290-01 1 $156 $156 1492 Woodstone Circle 10-84900-280-01 1 $156 $156 1494 Woodstone Circle 10-84900-270-01 1 $156 $156. 1496 Woodstone Circle 10-84900-260-01 1 $156 $156 1498 Woodstone Circle 10-84900-250-01 1 1 $156 $156 1500 Deerwood Bend 10-84900-240-01 1 $156 $156 1562 Deerwood Bend 10-84900-230-01 1 $156 $156 1504 Deerwood Bend 10-84900-220-01 1 $156 $156 1506 Deerwood Bend 10-84900-210-01 1 $156 $156 1508 Deerwood Bend 10-84900-200-01 1 $156 $156 15 10 Deerwood Bend 10-84900-190-01 1 $156 $156 1512 Deerwood Bend 10-84900-180-01 1 1 $156 $156 1514 Deerwood Bend 10-84900-170-01 1 $156 $156 1516 Deerwood Bend 10-84900-160-01 1 $156 $156 1518 Deerwood Bend 10-84900-150-01 1 $156 $156 1520 Deerwood Bend 10-84900-140-01 1 $156 $156 1522 Deerwood Bend 10-84900-130-01 1 $156 $156 1511 Deerwood Bend 10-84900-120-01 1 1 $156 $156 1513 Deerwood Berid 10-84900-110-01 1 $156 $156 1517 Deerwood Bend 10-84900-100-01 1 $156 $156 1519 Deerwood Bend 10-84900-090-01 1 $156 $156 1523 Deerwood Bend 10-84901-020-01 1 $156 $156 1525 Doerwood Bend 10-84901-010-01 1 $156 $156 1527 Deerwood Bend 10-84900-060701 1 $156 $156 14 1529 Deerwood Bend 10-84900-050-01 1 $156 $156 Subtotal 34 $5,300 Deerwood Townhomes 3992 Fawn Way 10-20201-040-02 1 $156 $156 3990 Fawn Way 10-20201-030-02 1 $156 $156 3988 Fawn Way,10-20200-200-01 1 $156 $156 3986 Fawn Way 10-20200-190-01 1 $156. $156 1551 Antler Point 10-20200-180-01 1 $156 $156 1553 Antler Point 10-20200-170-01 1 $156 $156 1555 Antler Point 10-20200-160-01 1 $156 $156 1557 Antler Point 10-20200-150-01 1 $156 $156 1559 Antler Point 10-20200-140-01 1 $156 $156 1561 Antler Point 10-20200-130-01 1 1 $156 $156 1563 Antler Point 10-20200-120-01 1 1 $156 $156 1565 Antler Point 10-20200-110-01 1 $156. $156 1567 Antler Point 10-20200-100-01 1 $156 $156 1569 Antler Point 10-20200-090-01 1 $156 $156 1571 Antler Point 10-20200-080-01 1 $156 $156 1573 Antler Point 10-20200-070-01 1 $156 $156 1575 Antler Point 10-20200-060-01 1 $156 $156 1577 Antler Point 10-20200-050-01 1 $156 $156 1579 Antler Point 10-20200-040-01 1 $156 $156 1581 Antler Point 10-20200-030-01 1 $156 $156 1583 Antler Point 10-20200-020-01 1 $156 $156 1585 Antler Point 10-20200-010-01 1 $156 $156 ''I 587 Antler Point 10-20201-020-01 1 $156 $156 1589 Antler Point 10-20201-010.-01 1 $156 $156 1588 Antler Point 10-20200-300-01 1 1 $156 $156 1586 Antler Point 10-20200-290-01 1 $156 $156 1584 Antler Point 10-20200-280-01 1 $156 $156 1582 Antler Point 10-20200-270-01 1 $156 $156 1572 Antler Point 10-20200-260-01 1 $156 $156 1570 Antler Point 10-20200-250-01 1 .$156 $156 1568 Antler Point 10-20200-240-01 1 $156 $156 1566 Antler Point 10-20200-230-01 1 $156 $156 3985 Fawn Way 10-20200-220-01 1 $156 6 3987 Fawn Way10-20200-210-01 1 $156 6 3989 Fawn Way10-20201-020-02 1 $156 6 ES51,620 3991 Fawn Way10-20201-010-02 1 $156 6 Subtotal 36 5q 15 16 Parcel ublic Facilities Deerwood School 2nd Addition 1530 Deerwood Dr. 10-20001-010-01 891 $13.27 $11,820 1480 Deerwood Dr. 10-20000-010-01 430 $13.27 $5,610 Subtotal 1,321 $17,530 Section 20 Township 27 Range 23 1760 Deerwood Dr. DEA 10-02000-020-75 264 $13.27 $3,500 Concrete Driveway $6,700 Subtotal 264 $10,200 1620 Deerwood Dr. 10-02100-012-50 . 629 $13.27 $8,350 Subtotal 629 $8,350 TOTAL ASSESSMENTS $63,260 TOTALS Single - Family 24 Lots (2,531 F.F. Townhomes 70 Lots 1693 F. Public Facilities 4 Parcels (2,214 F.F. 16 Citi of Ekan Engineering Department Deerwood Drive Street Improvements 5(�o Location Map - Project 942 Fig. 1 EDGE MIL (6'-8' wide) City of Eap Engineering Department VARIES 3" BITUMINOUS SURFACE L D412 & B618 6" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section ROW 48' TYPE 41 BITUMINOUS REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Deerwood Drive � I Fig. 3 Typical Sections - Project 949 CITY PROJECT NO 942 DEERWOOD DRIVE STREET IMPROVEMENTS THURSDAY, NOVEMBER 16, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer; I 1 persons representing 10 properties (see attached sign -in sheet). A. Welcome/ Introduction Assistant City Engineer Gorder welcomed the residents, and gave a presentation on the proposed improvements, including the proposed road narrowing for traffic -calming and pedestrian safety. B. Questions/Comments Most of the discussion and questions were regarding the speed of traffic on Deerwood Drive in the 30 MPH zone between Riverton Avenue and Blackhawk Road. Residents in attendance believe Deerwood Drive is used as a bypass for Yankee Doodle and Diffley Roads because it has no traffic control (stop signs, signals) to impede traffic. Also, truck traffic is a concern. Gorder explained that cross -traffic on Deerwood Drive does not warrant stop signs or signals with intersecting streets, and that Deerwood is designed to accommodate truck traffic. The speed limit should be lowered and enforced more stringently. Gorder explained that speed limits are based on the pace of traffic that uses the roadway, and are set by the MN Department of Transportation. Also, lowering of speed limits have little effect, if any, of the speed of traffic. The enforcement of speed limits is limited due to Police personnel availability and priority. The Police Department enforces the speed limit when a violation is observed. The consensus of the residents in attendance was that the proposed road narrowing at Riverton Avenue would have little effect on traffic speeds. They would prefer to see a radar - display speed sign, similar to the one that was recently installed on Denmark Avenue, to help control speeds. Gorder indicated that a radar display speed sign may be appropriate, and would consult with the City Transportation Engineer regarding the placement of one near Riverton. More information regarding this issue will be provided at the public hearing. Something' should be done regarding pedestrian safety at Rocky Lane/ Deerwood/ school entrance. Staff believes that the proposed road narrowing there will provide increased pedestrian safety, as it will decrease the length of roadway to cross. The meeting adjourned at 7:30 p.m. NEIGHBORHOOD MEETING Deerwood Drive (Blackhawk Rd. — Pilot Knob Rd.) Project No. 942 City of Evan Thursday, November 16, 2006 6:30 p.m. ----NAME - 1. 11 f" /4-Fg55{/�� 2. -JOAn/ 1,,455E L 3. 4. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet ADDRESS /)/3 bEc°,ZL✓�acC 1212 �xz� 1 U5� /- ✓•+11'.' 1`7 3 ? Te c rw0'>d —Lr 1 '73 7.0-ga liZ\� l 2 � 5 at�2 Uzcy OL I2tp- Deeewa-,D DA, Agenda Information Memo November 21, 2006 Eagan City Council Meeting C. PROJ 943, WESCOTT ROAD (PILOT KNOB RD TO DENMARK AVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 943 (Wescott Road, Pilot Knob Road to Denmark Avenue — Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Wescott Road (Pilot Knob Road to Denmark Avenue) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Wescott Road. • On October 17, 2006, the feasibility report for Project 943 was presented to the City Council and a Public Hearing was scheduled for November 21 to forma)ly present and discuss the report with the adjacent property owners. • Only two properties, the City Municipal Center and the County Library — Wescott, take direct access onto this portion of Wescott Road and are subject to assessment under this project. Through agreement with the County, the City is responsible for all special assessments associated with adjacent City public improvement projects. Because the only assessable property is the City's Municipal Center, an informational neighborhood meeting was not held. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, page through _.Pat Geagan -November 17, 2006 M" Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Wescott Road Street Revitalization Meg Tuley City Project No. 943 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ABMInIsrHA-rOR Attached is our report for the Wescott Road, Pilot Knob Road to Denmark Avenue, Street Revitalization, City Project No. 943. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, ,sAL 3830 Pilot Knob Road � Eagan, MN 55122-1810 'lohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FAcaRY Minnesota. 3501 Coachman Point Eagan, MN 55122 John P. Gorder 651.675.5300 phone 651.675.5360 fax Date: 11-1-7-D& Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityafeagan.com '— Date: Dept. ofPubl Works Revi THE LONE OAK TREE Finance Dept.'Date: The symbol of strength and growth in our community. I TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction.......................................................................................................I 2. Scope................................................................................................................. Feasibilityand Recommendations ..............................................................................3 StreetEvaluation.................................................................................................. 3 Proposed Improvements..........................................................................................4 Easements/Permits................................................................................................ 6 CostEstimate...................................................................................................... 6 Assessments........................................................................................................ 6 PublicFacility........................................................................................... 7 Assessment Financing Options................................................................................. 7 Revenue Source................................................................................................... 8 Project Schedule..............................................................................:.....................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay November 2006 - Street Revitalization Wescott Road Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.45 miles of 52' wide Wescott Road is identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The street was constructed from 1979 to 1982, as part of adjacent development. Wescott Road Page 1 0 Based on the data and engineering strategies available at this time, the City's current PMP - incorporates local and ongoing maintenance strategies with seal coating occurring as needed (5 to -7-years,—again at 12 to 14 -years) -with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year — --time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The street in the neighborhood was crack sealed in 1990 and then seal coated in 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no. major repairs are necessary. Scone This project provides for resurfacing (edge mill and overlay) approximately 0.45 miles of Wescott Road. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Wescott Road Feasibility and Recommendations This project is necessary to prevent* further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 – 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in conjunction with other similar projects throughout the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --100 1 Routine Maintenance/Crack Seal/Seal Coat 36 --5-51 Patch/Repair and/or Overlay 0 - 55 Reconstruct This portion of Wescott Road has a current pavement condition rating of 62 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age Wescott Road Page 3 �(,� where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the . - - - structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 4 .1/2" bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous surface will be edge -milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a I'/cinch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new Wescott Road Page 4 1 O 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to - maintenance of the sod will be distributed to the residents prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turfgrass areas. Signage - Traffic control and street identification signage within the project limits which have deteriorated support posts, diminished reflectivity, or no longer meeting City and State Standards will be replaced. Sidewalk/ Path Pedestrian Ramps — Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps on the concrete sidewalks and bituminous paths on local intersecting streets. Example of a truncated dome pedestrian ramp Wescott Road Page 5 Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Wescott Road is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay w/ signage costs $ 102,640 Repair Existing Concrete Curb & Gutter $ 17,730 Total Cost $120,370 Wescott Road Page 6 72— Assessments While the Dakota County — Wescott Library takes direct access to Wescott Road, no assessments to this property are proposed. A Joint Powers Agreement between the City and Dakota County provides for the City to pay any and all special assessments levied on the library property. The only remaining property that takes direct access to this portion of Wescott Road is the City Municipal Center. With the City responsible for all costs and direct access properties associated with this improvement, no assessments are proposed under this project. Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $120,370 (100% of total). Wescott Road Page 7 75 Project Cost Property Assessment City Contribution Mill and Overlay w/ Signage $102,640 -0- ($102,640) Repair Existing Curb $17,730 -0- ($17,730) Totals $120,370 -0- $1202370 The City's Major Street Fund will finance the estimated project deficit of $120,370 (100% of total). Wescott Road Page 7 75 Proiect Schedule. Present Feasibility Report to City Council/ - Order Public Hearing..........................................................October 17, 2006 Public Hearing......................................................................November 21, 2006 MnDOT — Approval of Plans and Specifications ........................................... January, 2007 - City Council — Approval of Plans and Specifications .................................... January, 2007 Award Contract ..................................... :........................................ February, 2007 Project Completion............................................................................. August, 1, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Wescott Road Page 8 Iq Appendix A -Street Overlay - City Project No. 943 Preliminary Cost Estimate Wescott Road Bituminous Street Overlav Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 3200 $1.25 $4,000 Type 2350/60 Wear Course Mixture Ton 1300 $40.00 $52,000 Bituminous Material for Tack Coat Gal. 660 $1.50 $990 Replace Traffic & Street Signs L.S. 1 $4,500.00 $4,500 4 -Inch White Striping L.F. 4,800 $0.50 $2,400 4 -Inch Double Yellow Striping L.F. 4,800 $1.00 $4,800 12 -Inch Yellow Striping L.F. 1,000 $2.00 $2,000 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $75,190 +5% Contingencies $3,760 Subtotal $78,950 +30% Indirect Costs $23,690 TOTAL $102,640 Repair Existing Concrete Curb & (Suffer Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Sidewalk S.F. 250 $5.00 $1,250 Remove Bituminous Trail S.F. 400 $2.00 $800 Remove Concrete Valley Gutter S.Y. 30 $10.00 $300 Remove Concrete Curb and Gutter L.F. 150 $6.00 $900 B618 Concrete Curb and Gutter L.F. 150 $16.00 $2,400 .7" Concrete Valley Gutter S.Y. 30 $50.00 $1,500 Adjust Frame & Ring Casting C.B) Each 4 $200.00 $800 Sod w/To soil S.Y. 40 $10.00 $400 Bituminous Trail Patching S.F. 50 $100.00 $500 Bituminous Street Patching Ton 20 $70.00 $1,400 Bituminous Driveway Patching S.Y. 20 $24.00 $480 4" Concrete Sidewalk Patch S.F. 250 $5.00 $1,250 Truncated Dome — Warning Paver (2'x2 Each 4 $150.00 $600 75 4" Concrete Ped Ramp w/ Wet Cast for Thmcated Dome Inset S.F. 90 $4.50 $410 Subtotal $12,990 +5% Contin encies $650 Subtotal $13,640 + 30% Indirect Costs $4,090 Total Curb & Gutter $17,730 TOTAL PROJECT COST . $120,370 7(0 City of Evan Engineering Department Wescott Road Street Improvement Location Map - Project 943 / Fig. 1 I I _ 48' 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section . EDGE MILL (6'-8' wide) Typ. I r— 1 1/2" WEAR COURSE Citi of Eap Engineering Department BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Wescott Road EX. D412 CURB & GUTTER OVERLAY Typical Sections - Project 943 REPLACE EX. CURB & GUTTER AS DIRECTED I Fig.3 Agenda Memo November 21, 2006 City Council Meeting OLD BUSINESS A. RECEIVE AND APPROVE THE PATRICK EAGAN PARK MASTER PLAN. ACTION TO BE CONSIDERED: To receive and approve the Patrick Eagan Park Master Plan. FACTS • The development of a master plan for Patrick Eagan Park was part of the Council approved CIP for 2006. . • The primary focus for the consultant was 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. In addition -to reviewing the physical inventory of the site the consultants were asked to meet with various stakeholder groups and host public meetings to obtain input from interested citizens. Several meetings were held that included the following participants: o Friends of Patrick Eagan Park o Caponi Art Park Representatives o Eagan Art House Board o Multiple meetings with the APrC and the Ad -Hoc sub -committee of the APrC assigned to work closely with the consultant and staff. o August 24 and October 19 public meetings to solicit input from the community. Notices of the public meetings were mailed directly to all residents immediately surrounding Patrick Eagan Park to ensure that they were all aware of the master plan review and were given the opportunity to. comment. • _ Following several meetings with the Advisory Parks Commission and some community groups the consultant presented the initial concept plan and solicited input from the City Council at a workshop on August 29. • The consultant took the feedback from the Council, citizens, staff and Advisory Commission to create a final draft. The final draft maintained the integrity of the feedback received from all interested parties and that was to maintain the natural integrity of this park but allow for passive use. • The final draft and guiding principals was presented on cable TV, was available on the City's website for several weeks and was presented at an additional public meeting on October 19 to ensure that residents had several opportunities to review and respond to the plan. • While there were several questions about the plan initially, the consultants responded to the overwhelming desire to maintain the integrity of the site as natural as possible and the feedback on the final plan from residents has been very positive. • The process to consider the future of Patrick Eagan Park was very in-depth and met the initial goals of maintaining the natural integrity of the park while providing a way to invite the public in to enjoy its beauty. • Another component of the master plan project was to develop criteria for the potential acquisition of future park property. That part of the project is nearing completion and will be presented to the City Council at a later date for consideration and potential acceptance. ATTACHMENTS: Copy of the Patrick Eagan Master Plan is attached without page number. a Agenda Information Memo November 21, 2006, Eagan City Council Meeting A. PRELIMINARY SUBDIVISION (DEWITT ADDITION) — RICHARD DEWITT ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW`/a of Section 3, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The applicant is requesting -approval of a subdivision to create two single family lots. ➢ A single family home is present in the central portion of the site and will remain after subdivision. ➢ The development density is 2.9 units per acre. ➢ The property is located on the border of Noise Zone 3 and Noise Zone 4. ➢ Access into the new lot is proposed from Vilas Lane. The driveway access for the existing home is from Vilas Lane and is proposed to remain the same. ➢ The Advisory Planning Commission held a Public Hearing on October 24, 2006 and is recommending approval. ISSUES: D Neighbors at the public hearing stated concern with the size of the lots. 120 DAY AGENCY ACTION DEADLINE: January 30, 2007 ATTACHMENTS (3): I Draft APC minutes on pages ,3 through 1 . Staff report on pages through _IQL.. �O Correspondence from neighbors on pages 1O�through �. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA October 24, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 24, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hanson, Members Chavez, Keeley, Feller, Jensen, Heaney, Zoberi, and Dugan. Also present were, City Planner Mike Ridley, Planner Sarah Schield,,Planner Pam Dudziak, City Attorney Bob Bauer, City Engineer Russ Mathis, and Recoeding Secretary Camille Worley. AGENDA ' Member Heaney moved, Member Keeley seconded''a motion to adopt'the: Agenda. A vote was taken. All voted in favor. Motion carged.,7-0. September 19, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Zoberi moved, Member Keeley -seconded a moti6d',to._approve the September 19, 2006, Advisory Planning Commission'Meeting minutes. '.. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARM(.10 MINUTE TOTAL TIME LIMIT) There were no visitors who, wished to be heard;' IV. PUBLICAEARINGS New Business A De Witt Addition Applicant Name;Marketlink Realty Lo"cation: "2504 Vilas Lane; Lot 1, Block 8, Country Home Heights Application: ;Preliminary Subdivision A PreliminaryiSubdivision of approximately 0.69 acres to.create 2 single family lots..;:' File Number. 03 -PS -16-09-06 . Planner Schield introduced this item and highlighted the information presented in the City Staff report dated October 18, 2006. She noted the background, history and amended conditions. Chair Hansen opened the public hearing. Glen Hintz, 2844 Beam Lane stated the notice of public hearing was not mailed to the entire Country Home Heights neighborhood. He stated concern for future lot splits If the application is approved. He stated concern for the potential increase in homes in the neighborhood. Scott Gambill, 2830 Vilas Lane stated concern for the size of the property and stated the property will be crowed with another single family home. Mary Harrison, 2811 Beam Lane explained that there is a covenant on the property prohibiting subdivision and stated the entire neighborhood was not hotbed of the public hearing. Michelle Mitchell -Miller, 2830 Vilas Lane stated the importance of?`keeping the sense of community which strongly exists in the neighborhood', ;. Richard De Witt explained why he requested the,lot split. He explained'thespecifics of the property and.explained that most likely onlyone,other lot_could be splif'H6 stated this is an opportunity to have a new quality home"iddded.6 the,neighborhood, adding value. There being no further public commentChair Hansen closed,the public hearing and tumed the discussion back to the Commission City Planner Mike Ridley addressed the concem of public hearing notification, density of the neighborhood, and cohfguratlon of the proposed lot City Attorney Bob.Bauer addresse6the issue 'of possible covenants existing on area properties. He stated that;coveri"ts are typically private agreements and not subject to City involvement.. ' Member Chavez moved; Member;,Heaney seconded a motion to recommend approval of a Preliminary Subdivision (OdWitf'Addition) to create two single family lots, on property located at 2804 Vilas Lane subject to the following conditions as amended: 1. The propertyshail be platted. 2. This development shallbe responsible for a cash park dedication. 3. This developmen#,,shall be responsible for a cash trails dedication. 4. An individual Iof free preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2006 (Revised) APPLICANT: Richard DeWitt PROPERTY OWNER: Same REQUEST: Preliminary Subdivision LOCATION: 2804 Vilas Lane CASE: 03 -PS -16-09-06 HEARING DATE: October 24, 2006 APPLICATION DATE: October 3, 2006 PREPARED BY: Sarah Schield COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 0.69 acres to create two .single family lots for property located at 2804 Vilas Lane in the NW '/. of Section 3. 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. D. That the site physically is suitable for the proposed density of development. Planning Report — DeWitt Addition October 24, 2006 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance.with those standards set forth in. that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document .and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was platted in 1949 as Lot 1, Block 8, Country Home Heights. EXISTING CONDITIONS There is a single family home present on the central portion of the 0.7 acre lot. A shed is located on the northeastem portion of the lot. Planning Report — DeWitt Addition October 24, 2006 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded with residential uses except for the Office Park to the north. The office park is separated from the subject parcel by Avalon Avenue. An additional single family home appears compatible with the surrounding area. 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 Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject propertyon the border of Noise Zone 3 and Noise Zone 4. The site is located approximately two miles southeast of the parallel runways at SMP, adjacent to primary arrival and departure flight tracks for those runways. 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 infill single-family residential will be a conditional use within Zone 3 and also Zone 4. Within this area, infill single family residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings conceming the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3.' Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. Existing Use Zoning Land Use Designation North Office Park Planned Develo went Business Park South Single Family home Single Family Low Density Residential Residential East Single family home Single Family Low Density Residential Residential West Single family home Single Family Low Density Residential Residential EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded with residential uses except for the Office Park to the north. The office park is separated from the subject parcel by Avalon Avenue. An additional single family home appears compatible with the surrounding area. 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 Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject propertyon the border of Noise Zone 3 and Noise Zone 4. The site is located approximately two miles southeast of the parallel runways at SMP, adjacent to primary arrival and departure flight tracks for those runways. 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 infill single-family residential will be a conditional use within Zone 3 and also Zone 4. Within this area, infill single family residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings conceming the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3.' Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. Planning Report— DeWitt Addition October 24, 2006 Page 4 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiwaysor engine W�-1 .With respect to the factual aspects of the findings, the property lies approximately 2.2 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north - south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area (Issues #3, 4 and 8). Updated policy contours are expected to be available and adopted in the near future. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. , If the City determines that findings concerning these conditions support the approval of this application for in -fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). The City identifies the contours based upon the contours on its Zoning Map and Land Use Map (Issue #6). Den si — The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 2.9 units/acre. The proposed density complies with the Guide Plan. Lots — Proposed Lot 1 is 18,518 square feet and proposed Lot 2 is 12,000 square feet. The existing single family home will ,remain on Lot 1 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot and at least 85 feet width. Lot 1 and Lot 2 meet these lot requirements. Planning Report — DeWitt Addition October 24, 2006 Page 5 Setbacks — Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line and 15 feet from the rear property line. Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of-way. The existing shed on Lot 'I does not meet the 30 foot setback from Avalon Avenue but is a legal non -conforming structure. The subdivision meets the necessary setbacks. GradinrJ Erosion Control — The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the west. The proposed grades for the new house and driveway on Lot 2 generally match the existing grades. The proposed grades on the south side of Lot 2 are shown to impact existing trees on the adjacent property. Grading for the house construction on Lot 2 should be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). Utilities — The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to. the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Vilas Lane for service connection for proposed Lot 2. The sanitary sewer and water main service work for Lot 2 will require the removal and replacement of a portion of the Vilas Lane street section. Streets/ Access/ Circulation — The driveway access for the existing house on Lot 1 will remain onto Vilas Lane, and access to Lot 2 is also proposed onto Vilas Lane. Easements/ Permits/ Ri t of-Wav — The construction of the sanitary sewer and water services to the proposed house on Lot 2 will require a City permit to work in the right-of-way of Vilas Lane. Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat. Improvement Use Rate Ouantity Amount Sanitary Sewer Trunk RI $1,120/ Lot 1 Lot $1,120.00 Sanitary Sewer Lateral RI $27.60/F.F. • 35 F.F. $966.00 Water Trunk Rl $1,170/ Lot 1 Lot $1,170.00 Water Lateral RI $27.85/ F.F. 132 F.F.3$ .676.2 Total $6,932.20 Parks and Recreation — This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot. Planning Report— DeWitt Addition October 24, 2006 Pape 6 Tree Preservation — An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. Wetlands/Water Quality — Due to the size and nature of this proposed 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. There are no wetlands directly associated with this parcel. SUMMARY/CONCLUSION The subject site is currently developed with a single family home on the center of the property. The applicant is requesting to subdivide the site into two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (DeWitt Addition) to create two single family lots, on property located at 2804 Vilas Lane; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, Bl, Cl, Dl, El and Fl. 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane).. 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. 8. The existing shed on proposed Lot 1 shall be relocated to meet required building setbacks. 9D STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -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 volume requirements. C. Plans and Specifications All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified 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. D. E. F. G. H. 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. Public Improvements 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. 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. Parks and Trails Dedication 1.. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. Other 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 LTs#5 STANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 Eagan Boundary ' R19ht-of-way Location Map ii� BUBdinAm.. So do • a�muwnxexso•u IL MEN seo�o� i W-AMOVA I= A U 0 C • e 9 21 o@a a A o s s O{9 bis a�� 1 w n • g o i 1000 0 1000 2000 Fent Development/Developer. De Witt Addition Application: Prelim Subdivision Case No.: 03 -PS -16-09.06 Map P1a4aM unnp ERSIAmVlw ll. Psnalbwnmp wG pond•d N try Ision, CDuny Omw of GISsal aeumwa. e/Ap0 ]ODS. City of 1{a�an g TX18 MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not gaawntea the aaauway of this Infbimagbnand aro S dnuna•kt oer•Wmeat MMme•at not nwponsible for Grow or.oadssions. Current Zoning and Comprehensive Guide Plan Land Use Map DeWitt Addition Preliminary Subdivision 03 -PS -16-09-06 Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s IQIIII■ I�lIIII119R,Sw � r� m �� •w - .. i ■ err �� _ . ._ .- , . - �0WIN 1 11111. ■. •� Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s --- ®♦ 11l�;ll■ �� t', . 1 11�1111 ■� v �� �� !■11111 •,..�� i.. 1 �:� ■� �.•i ONE an . ._ .- , . - Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s RF PREMININARY PLAT: DEWITT ADDITION ssYs....e •.MNew.o. Flx ORxaXOwLLIIIM MX TGM xa.a PFe IM..Y.wwaba l.a.�aF�.. b• am �XwI�R...�XAµmiw .lciF\!o niJplM 4ll1L aRCXPTXM� 4N 40M! 4 CwMI1Y Mw! MWIw. m.I.Yy b IM ne..lM NR Nxx4lMH. O.wV.XMUHa Yxn Xr rxvw.Fw� •rye.Ml..! lMlRxuR. le.w4Nn.LLn MJIP.AYAIq •wMnl.wr.l Y..lFY6...L..n uunxX lYxlxol rXwwu uxnwl »T<xulu er asTu arwn.Riw Tmu uw MSM/O.xR.lwu lVIYC RIOXTK I#RT Mll4 rYMlx! lNxxwi111.1Iy111XRLRX! RxIY Mw IRYIIY. "I &I R:mg w c l 11 MOX QlxXlw ROWXRXRI!Miwal.wR PoR 4t Iwpo d OR11RM t1 YY W! IWVtal1OR. 4lw.n 1IM0.R LMnNY IM !!Ml RY.Mt.YwX lx�lw 1!M _ R.YYwIM..y awF.ww�w, •M 11w. TwXX.Y.V< •Iw. aa.N.. as FM ! R RECEIVED SEP 2 U 2606 2804 Vilas Lane Preliminary Plat t;SAM1Ypd. ASSOCIA76 I?Hhh n Ra 060" 1 of 3 SUiVEV LECEM a.P o■cYPm —nWm P w.0 o mr.I.wi—.—aww. X.OI w r.n...0 O PFrXlwi—�—wlx.Iw i aaP �Il..wi—.—arw. X.w+x.a w .nuaa —.—FR axwT ..n __..�.XgpwxlX twin o uw xu — —RgYYXR XnIR a mr +YXr--.--.uamRrvw W RIIRbw. • MR ...��•MIPSOw 4 ..IRORIO 1OP9[ `O W .�. f1P O{wFn ^' wPI6W wA � �6M ! 4t.F •MRO iV. r. F NRi ... •�— FG.RmO nRR .0 wWOF. n PIYR YORY.RO e. aIIbI lIi .. .OFFS .FOY •.. '.wa r w IwYO n FVF.60W ••n. .. Ow iw RR! c n RIROc w.R[ • ... 00c .OM �. s a Pl wtR FYR F4 ....e lOo4n F.b n O.! O O61w w4 G�iYRR! ..-•�.MiIRK M PIIS w .M IR[ .. •Ti, F.N 0 114'XIM • �O.wl9lc iMPRF M X ON OYnIII M IF FwIP XMPO 4WRF4 RECEIVED SEP 2 U 2606 2804 Vilas Lane Preliminary Plat t;SAM1Ypd. ASSOCIA76 I?Hhh n Ra 060" 1 of 3 s S N ._k .011 i' l 9Il9II,f�l1H11¢ 1 i t ra Jn�''f0 4 yrN-! b� d %7x rna. nr. ii24 •'-' ,! o N 4 � 6 ��• �� ns Z : +�lt a n ?!.n':.;•� •TYd�i�1 � r. 9#' ."':.Ali. GRADING PLAN ��I����ii��ii1111 HI ll 1* 9 �. fit .gf SaiEgFggE6�5�6�98[58i4@i a a a C.'' `' ®00•os •<ea ............ 060 e � W a ggg g4 q fJ1 6gBiilfi8le1�9�5i[i%@Ye w of n•Ienbn Bn<e°!••"!6(•en•(• /1�' W U W EXISTING CONDITIONS S 71 w211+ c°� y 4 .l 11 I I CYA')IT nr � r.� I t _ fiK• .I x oli 1 if 1 1 nR � l h / v 1. _ w211+ c°� y 4 .l 11 I I CYA')IT nr � r.� I t _ fiK• .I x 1 if 1 1 nR l / v 1. _ r lx 14 1 Please accept this submittal for a proposed lot split. We would like to make one residential 0.7 acre into two residential lots. The lots would be divided as follows, into one 0.4 acre lot and one 03 acre lot. We would like to do this as soon as possible. Enclosed are the necessary project plans plans to facilitate the city process. If there is anything that we can do to help, please let us know. Thanks. RECEIVED SEP 2 0 2006 7 October 16, 2006 Dear Advisory Planning Commission, I have recently been notified that a developer intends to subdivide a residential lot on my block, 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights. The lot is currently owned by Richard De Witt who is not a resident, but a real estate broker. Mr. De Witt intends to sell the existing home and subdivide the lot to sell it with the intent for a buyer to build a new home. Mr. De Witt's intentions are obviously to profit as much as possible from this property. Mr. De Witt does not intend to live on this new lot, only to profit from it's potential sale, so any potential effects that a new home on this lot will have on the integrity of our neighborhood will not be felt by him. Our neighborhood is very unique in that it is a suburban setting yet the homes have large lots with mature trees, something hard to find in most suburbs these days. My wife and I along with our two children have lived in our home a little over three years. The main draw to this neighborhood was that it was a not a typical suburban neighborhood. Subdividing this lot and building a new home would create an eyesore to the neighborhood. This house would change the continuity of the homes in the neighborhood. Aside from the closer proximity it would have to the neighboring homes, it would also be about 30-40 years newer than most of the homes on the street. I cannot see any potential benefits to tearing up a beautiful, mature lot and building an additional home other than padding areal estate broker's pockets. Mr. De Witt does not live in our neighborhood, has never lived in our neighborhood and from the best of my knowledge, does not intent to live in our neighborhood, only to profit by tearing it up. I am asking that no future development be allowed in this neighborhood, specifically the proposed subdivision of 2804 Vilas Lane by Mr. De Witt. Sincerely, Lww-� -Z Matthew Eisenberg 2829 Vilas Lane Eagan, MN 55121 (651)238-5911 F I -44 03 -Ps- 14-09 -,e(0 OCT 17 2006 0 9 /CD Letter.of Concern: De Witt Subdivision of 2804 Vilas Lane, Lot 1, Block 8 October 15, 2006 Dear City of Eagan, The intent of this letter is to express my concern about the property subdivision of 2804 Vilas Lane, Lot 1, Block 8, which is owned by Richard De Witt De Witt is currently selling the house on the property, and is now requesting to subdivide the lot to sell with the intent for new house construction. De Witt has no interest in preserving one of the few remaining Eagan neighborhoods with spacious yards, and is solely looking for ways to make more money — bottom line. My wife and two children have lived directly across from the lot for the past six years. In fact, our home is my childhood home that we purchased from my parents — so I have been a part of the neighborhood since 1965. We have always been attracted to this neighborhood because of the large lots, established homes and mature trees. A new construction house in the proposed lot will change the Integrity of the neighborhood,by having smaller lots, houses that are close In proximity and mature trees removed. The house on the current lot has not been inhabited since De Witt, a real estate broker, purchased the house last fall 2005. De Witt has no sense of the neighborhood and the reasons why we live here. He is clearly looking to make a profit and then move on to his next deal. I am asking that this neighborhood, specifically this house and lot across the street, be preserved to retain its beautiful setting. I have spoken to our neighbors who have the same concern, but I fear they may not speak up publicly. De Wilts motivation is purely monetary without any regard for the neighbors. Let's leave the neighborhood as it was originally intended. I am unable to attend the public hearing on Tuesday, October 24, due to a schedule conflict Please accept this letter of concern in my absence. Regards, Pahick Black 2825 Vilas Lane Eagan, MN 55121 (651)686-5615 0 OCT 17 2006 OF VA o ,p J u sip a4� - Lga�a}u\ Qa�4�n ou sticv� "d `{ avu:Z 49 V LA) 1 �� gvoc��od�y • �u,�aas �iu�l�� tlbUflS9aVU18'c1�''� I,�axauA oJd� �•�U\'1i' sin •v vt},acr+ 4 }' . `�^xa}-��a� � fou �uasaAd �o��m S�� ^�'�� � ua �97a wyk.f�� pl,►,nw2ap SmM°�aa°1y�au ^a�� th\i }vn ,o�!u11 o!tAA- Q -k- 'Ions ro u� �a a�✓� �So�a }ou H� A Joq`1�naU w.rbA� • vso o� �'�Y' 1 _ t.Ab sty s,�15 p`n'� a a 2M V,ro� ��o�vu�u, ao �iaadoad I?M ¢} as O I �aSa7�7J"IA vvrn t„ou pub tea `.}u�l �-rq o� VIA �a4L17lC) l �0 s�VP?,IS7A =A� Z }�N70 �uD�S71lA (,�V Vm.s% ovu ub6�3 2U*rJ siv1'n 9,SSC st ozo� 2%AAVI o M P 3 •.,•,N oa j S1 o?WO�vQ,S��Unoa �lyr.MSDg � t -AAM -D �JVAS 9 19.9_11 111111 All I(� l,U its NCO v� ko1-1 Scott Gambill Michelle Mitchell -Miller 2830 Vilas Lane Eagan, MN 55121 October 18th, 2006 Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 To whom it may concern: When my Wife Michelle and I decided to get married in 1999 we had a variety of considerations in choosing where we wished to reside and raise our family. I, after living in the heart of South Minneapolis for 10 years, was eager to move away from the traffic, crime, noise, and congestion of the inner-city. Michelle had also experience life in the big city and in 1998 had moved to a townhouse rental property in the northwest comer of Eagan in order to be nearer to her parents whom have lived in Eagan for over 40 years. Though Michelle was happy to find a home nearer to her parents, the congested, transient mature of her town house neighborhood was not a happy one. During her one year stay on Skyline Drive her experiences included acts of vandalism, an attempted break in, and several creepy encounters including one that involved a pizza delivery man and another involving a U.S. Postal worker. Her daughter who was six years old at the time was tied up and left in a garage by a teenage boy who also lived in the neighborhood. (Much of this can be confirmed I believe by checking police records or by contacting the regional postal inspector). Clearly our primary goal was to find.a new home for our family that gave us room to grow, and to provide a safe enjoyable environment for our children to be raised in. These concerns have only grown in recent years. Our most recent addition to our family, Jonnie, born in 2001, was diagnosed with Autism Spectrum Disorder several years ago. This has magnified our concern about safety. We now rely on our neighbors, who we know and trust, to help keep a special eye out for him. Io CCCE0Mi' Lull'i OCT 2 3.2006 When the "for sale" sign went up at 2830 Vilas we were elated. The property was less than a city block from Michelle's parent's home at 2844 Beam Lane, where Michelle had grown up. Many of the neighbors were lifetime residents and remembered her from when she was a little girl. The lots were large, wooded, and traffic was light in spite of the ongoing commercial and industrial development that continues to occur in the areas North, East and West of the Country Home Park Neighborhood. After we moved in, we became aware that we were not alone in our attraction to the neighborhood. We found that several of our neighbors too had been residents of Country Home Park as children and had moved back to raise there own families. In other words, the neighborhood is now beginning to be populated by a second generation, who like ourselves, wish to raise their children who perhaps someday may become third generation residents. This is something that in this day and age is unheard of and the value of which goes far beyond the dollars and cents of real estate development. We are opposed to the request by Mr. Richard DeWitt to be granted a subdivision of the property he owns at 2804 Vilas Lane for many reasons: As I mentioned, before I held the same residence in South Minneapolis for 10 years and have personally witness how a neighborhood can decline over a long period of time. The process of deterioration is a gradual one that often begins by seemingly harmless individual events. We believe that his plan to build a second home on the lot for resale, if allowed to go through, would invite other developers into the neighborhood with similar plans. This would not only reduce the average lot size and the median home value in the neighborhood, affecting existing home owner property values, but also would increase traffic, noise congestion and crime to one of the oldest neighborhoods in the city of Eagan, and ultimately turn the name "Country Home Park" into an oxymoron. We do not know all of the details related to Mr. De Witt's purchase of the property in question. We do know that the prior owners all but abandoned the home, in the fall of 2005, leaving the title to Mr. De Witt at what we assume was an extremely attractive price. At that time we also assumed that his plan was simply do some repairs, landscaping, and remodeling, and then sell the property for a profit; an investment strategy that you would expect given the booming real estate market at that time. Unfortunately the residential real estate market cycle soured and both new and existing home sales are now in decline in many parts of the country. Our concern is that Mr. De Witt is now stuck with a property that he never intended to live on, in a market in which he can't sell, and is trying to change his plan in order to maintain his profit goal. If this is indeed the case we can sympathize with Mr. De Witt's situation, but we do not believe he should now be relying on the benevolence of the Eagan Planning Commission in order to extract himself 'from a failed real estate speculation leaving it to the life time residence of Country Home Park to bear to the social, esthetic and financial burdens. Sin ely, *cottambill M DL W , -� A T,w1 fl or-) October 24, 2006 Community Development Department 3830 Pilot Knob Road Eagan,' MN 55122 Re: Case No. 03 -PS -16-09-06 Preliminary Subdivision of 2804 Was Lane, Lot 1, Block 8, Country Home Heights My husband and I have lived in Country Home Heights since December, 1962. One of the reasons we moved here was because the lots were all large, around an acre each. We wanted to have a large yard and to have more space. between neighbors. I know that others in the neighborhood moved here for the same reason. If Richard De Witt is allowed to subdivide his property and put up another house it would change the whole neighborhood and not for the better. It would open the door for others to do the same. As other homes are sold, the new owners might buy them just so they could subdivide and add additional houses. The whole concept of open spaces will change, bringing is more congestion with more houses and people. Our daughter, son-in-law and family live right next door to the property under consideration and they are also very upset about the idea of another house going up so close to their lot. From what I understand, Richard De Witt will not be living in the house that is already there so it wouldn't concerti him if the houses were so close to each other. He would be able to get more money and live somewhere else. Please consider the concerns of the other residents of Country Home Heights and vote no to his request for subdivision of his .69 acres. Thank you. Sincerely, Elsie Hintz 2844 Beam Lane Eagan, MN 55121 D OCT 2 4 2006 Nov i 5 2006 2975 Egan Ave Eagan, MN 55121 Monday, November 13, 2006 Eagan City Council 3830 Pilot Knob Rd Eaga_n, MN 55122 re: petition to sub -divide lot at the comer of Avalon Ave and V las Lane Count me in the group opposed to the sub -division of lots in this neighborhood. Folks in this neighborhood moved here, in part, to avoid high-density living conditions. Thank you, Lang dson 297 gan Ave Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve Modifications to Chapter 11 as it affects window signage and direct the City Attorney to prepare and publish the amendment in tfie legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. ➢ The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. The draft window sign language was modified several times based on comments from the Chamber and local business. ➢ The City Council adopted the amendment on June 21, 2005. ➢ While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. ➢ In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. ➢ The Task Force completed their work in July and the City Council accepted the report at their special meeting on September 14, 2006. ➢ The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of October 24, 2006. ISSUES: ➢ Although not directed as part of the study, the Task Force did discuss the long standing requirement of no more. than 20% of any building fagade being covered with signage and whether or not window signage would fall into that same calculation. The Task Force was unable to reach consensus on that issue. ➢ The APC unanimously supported maintaining the 20% maximum coverage for all signage, regardless of whether the signage was on a wall or window. ATTACHMENTS: (3) Draft October 24, 2006 AFC Minutes on pages 110 through III- . Staff Memo outlining the history and the Task Force recommended modifications on pages 113 through U5 Correspondence on page (I �P C. Chapter 11- Window Signage Applicant Name: , City of Eagan Application: Ordinance Amendment An Ordinance Amendment to the Sign Ordinance in Chapter 11 to modify standards relative to window signage. File Number: 01 -OR -07-10-06 City Planner Ridley introduced this item and highlighted the information presented in the October 17, 2006 memorandum entitled Ordinance Amendment — Window Signage. Member Hansen discussed his experience with the task'force orfthis. matter and stated the existing ordinance was reviewed and concems,were heard. He"'stated a fair compromise has been reached to meet the expressed needs. Chair Hansen opened the public hearing. Ruthe Batulis, Chamber president, complimented the task force and the process they used to come to this compromise. Shestated several is§ues�were brought forward with input from 75 businesses. She urged Advisory Planning, Commission to approve the ordinance. ' ` h John Curlee, Cudee Insurance, complimentedlthe Citq ' ouncil, APC and staff and stated support for the,Qid'irianc6;as a win-win;for all concemed. There being no fuithekpublic comment, Chair Hansen closed the public hearing and turned the discussion tiack;to,the:Commission., ' Member,Keetey stati,dconcem with the significant change in window signage coverage from 25% to 60% and Qr, preference, for a lesser amount of coverage. She stated concek'tor the seven yeacterm associated with the grandfathering clause in that it representsa; long period of:time with little change toward conformance. She stated she supports the exemption approach as more reasonable than permitting. She further stated that counting the window signage towards the 20% maximum coverage is appropriate. Sh`6'-,' ted. She would like to again have the chance to review the window signage standards'of other metro communities the commission had reviewed to arrive at the 25% coverace�, Member Chavez inquired about the lack of a draft ordinance to review and the purpose for exemptions. He stated support for including the window signage in the overall 20% allowance. He stated including the window signage in the overall 20% allowance would remove any competitive advantage between businesses; whether they have large or small windows, each business would be allotted the same percentage of signage. City Planner Ridley addressed Member Chavez's questions. Member Dugan agreed with Member Chavez in regards to the advantage of those businesses with more glass. He stated he strongly disagrees with the removal of the 4-6 foot clear zone because it causes disadvantages to public safety. City Planner Ridley stated the rationale for removing the 4-6 foot clear zone was that unless the windows were covered 100%, visibility in and out of the business could be maintained. Member Chavez moved, Member Zoberi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. A vote was taken. Aye: Chair Hanson, Members Chavez, Feller, Jensen, Heaney; and Zoberi. Nay: Member Keeley. Motion carried: 6-1. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII.OTHER BUSINESS City Planner Ridley suggested that the`Adwsory-P.,lanning Commission take action to move the December meeting to Thursday, December: 21, 2066 due to the holiday. Member Chavez moved;. Member Zoberi seconded a motion to reschedule the December Advisory,Planning'Cimmission meeting to Thursday, December 21, 2006. A vote was taken. All Voted in favor. Motion carred 77-0. VIII. ADJOURNMENT Member`:Chavez moved, Member Keeley seconded a motion to adjourn the Advisory PlannmgiCommission meeting at 8 17 p.m. A vote was taken. All voted in favor. Motion carred 7-0. Respectfully Subrnittedrby: Dana Keeley APC Secretary Camille Worley Recording Secretary Ab� City 0f Eap MC�0 To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner A — Date: October 17, 2006 Subject: Ordinance Amendment –Window Signage Background Prior to the efforts listed below, the City of Eagan did not regulate window signage in any way and window signage was not counted toward allowed building signage. At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. Information regarding the potential changes was publicized by a number of means to solicit input from interested parties. The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. Due to comments received, the APC made changes to the draft amendment and a formal Public Hearing was held on April 26, 2005. Additional testimony was received from the Chamber and local businesses and the item was tabled so that additional modifications could be made in response to those Public Hearing comments. The APC ultimately recommended approval on May 24, 2005. The City Council adopted the ordinance amendment on June 21, 2005. In early 2006, City staff distributed a letter to business property owners advising them of the changes relative to window signage. At that time, City staff and the Chamber of Commerce received a number of questions and concerns regarding the implementation of the new regulations. While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign -1- I ,) provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. On September 14, 2006, the City Council received the recommendation of the Eagan Window Sign Task Force and directed consideration of the matter to the Advisory Planning Commission for a Public Hearing and consideration of an amendment of the City Code section regulating window signage Window Signage Amendment Through the 2005 process outlined above, the following standards were ultimately established and adopted for window signage: ➢ No window signage allowed in a "clear zone" between 4'-6' ➢ Window signage limited to 25% of total window/door area. ➢ Window signage would count towards the pre-existing standard of signage not exceeding 20% of any building facade. The result of the Window Sign Task Force is bulleted below: ➢ Removal of 4-6' clear zone restriction — It was concluded that visibility into and out of businesses could be addressed through the percentage coverage without a 4-6' clear zone. ➢ Up to 60% window coverage — The group concluded compromising at 60% would balance the needs expressed by the participants. ➢ Window signs would be defined as a sign either applied to the inside surface of a window or within 18" of the window surface. The group concluded that a sign on the window or placed inside the business, but clearly visible through the window, would meet the definition of a sign. ➢ Grandfathering — The group agreed that some mechanism for grandfathering existing signage in excess of the 60% maximum should be developed. The City Attorney opined that a proposed implementation approach involving "exemptions" was possible for properties that currently exceed the 60% coverage with a phase out schedule under which all properties would need to come into conformance with the new standards within a set time period The period of seven (') years was recommended. Exemptions instead of permits — It appears that most businesses' existing signage would comply with the 60% coverage standard That being the case, rather than implementing. a permit process for a large number of businesses that already comply, the recommended approach is the exemption process for the mpch smaller number of businesses that cannot or wish not to comply in the short term. -2 1li The Task Force did not reach consensus on whether or not window signage should be counted towards the 20% maximum for wall signage. It was determined that that matter would be resolved during the subsequent APC and City Council process. Conclusion At its meeting on September 14, the Council concurred with the Task Force recommendation that the APC address this issue, noting that the 60% window sign standard applied to buildings that had large percentages of glass could cause the overall sign area to substantially exceed the 20% standard for wall signage. It was further noted, however, that of the businesses studied in the Task Force process, a relatively small number currently approach the 20% level when wall and window signage were considered together. One option suggested by the Council was a for the 20% standard for wall signage to include window signs, if a building's window area exceeded a certain percentage of the wall area. The Commission is asked to include a specific recommendation on this topic in its general action on the ordinance. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. Please call me at 651-675-5650 if you have any questions. -3 ' 15 From: Jeff Karil [mailto:jkarll@tgt-insurance.comj Sent: Thursday, November 16, 2006 3:21 PM To: City Council Subject: Please support the sign ordinance task force recommendations. Jeff Karll Risk Consultant Trissei Graham & Toole 2600 Eagan Woods Dr. Suite 140 Eagan, MN 55121 � City of Earn Yeo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 21, 2006 CITY COUNCIL MEETING NEW BUSINESS A. Preliminary Subdivision — Dewitt Addition — Enclosed is a copy of a flyer entitled "Country Home Heights Homeowner Alert" with an attached letter and petition that the City Administrator and each member of the City Council received pertaining to the Preliminary Subdivision — Dewitt Addition item; New Business item A. The attachment is referenced as pages 107A through 107H. Each of the individualized addressed letters to the City Council is enclosed without page number. • Also enclosed on page 1071 is additional information from the Engineering Department. By way of clarification, the APC recommendation is based on the relationship of the proposal to the R-1 lot size and dimension requirements in the City Code. In testimony, the neighbors raised the issue of covenants prohibiting further subdivision, but if those exist, they cannot be enforced by the City and would need to be enforced through a private action by the affected parties. /s/ Thomas L. Hedges City Administrator U • Country Home Heights HOMEOWNER ALERT The Eagan Advisory Planning commission has taken the first step in a process which may change the character of our neighborhood forever. The commission has considered a petition to sub -divide a residential lot at the corner of Avalon Ave. and Vilas Lane and recommended to the City Council that the petition be approved. This recommendation comes despite the obvious attempt to meet the.frontage requirement for a residential lot by making a strange configuration of the added lot. Country Home Heights has about 75 homes and at least 50 of those have lots which could be sub -divided using the same method of measurement. While most of the current. residents would not consider sub -dividing their lot while they are still living here, such sub -divisions are a real possibility when these properties are sold. Can you imagine what 50 more homes in our idyllic neighborhood would do to our privacy and traffic? What makes this petition even more problematic is that notices of the petition and pending Planning Commission meeting were only mailed to those homes within 350 feet of the • property in question. This means that, because most of us have large lots, no more than 20 homes, out of the 75 in our unique neighborhood, received notices. Of those, one home is not occupied and representatives of five families were at the Planning Commission meeting to object to the proposal. Only the owner of the lot, a non-resident, spoke in favor of the proposal. We urge all adult residents of Country Home Heights , and any other Eagan residents who are concerned, sign the petition and attend the November 21st city council meeting to object to this proposal. If you can't attend.the meeting, write a letter to the city council at: Glenn Hintz • 2844 Beam Lane Eagan, MN 55121 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 WE URGE YOU TO ACT NOW 1oq A Thomas Hedges, City Administrator November 17, 2006 City of Eagan • 3830 Pilot Knob Road Eagan, MN 55122 Re: Lot Subdivision at 2804 MISS Lane, File Number: 03 -PS -16-09-06 Dear Mr. Hedges: I have enclosed a copy of the Public Hearing notice, which was mailed to only about 20 homes in our unique neighborhood, a copy of the Homeowner Alert notice I mailed to all 75 homes, and a copy of the Petition which has more than 75 signatures. There are several reasons why I and my neighbors are opposed to the sub -division of this property, some of which are referred to in the Homeowner Alert notice. ONE — Most of the current residents moved to this neighborhood because of the large lots and the feeling of spaciousness. It is feared that once the first lot is sub -divided, the door would be opened for many other lots to be considered for similar sub -division. This would probably not be by current residents, but each time a property is sold, especially if the purchaser of such property will not live on the premises. TWO— It appears that the frontage requirement has been met by using extreme, if not deceptive, procedures and lot configuration. THREE — The topography of Lot #2 would suggest that this would not be a usable lot without considerable earth removal. Such earth movement could have a detrimental effect on the lots to the south • and east of Lot #2. FOUR — Same residents seem to recall that at the time this area was first platted, there were covenants on the original deeds prohibiting sub -dividing the lots. FIVE — Other residents seem to recall that when utilities were brought into this area, Property owners were told that the large lots would remain "as is" because the city did not want to come back to make new connections. SIX — Our neighborhood contains the beautiful Country Home Park and there is a concern about the safety of our children if more homes would result in increased traffic in the area. SEVEN —There is a concern that property values will decline if a prospective purchaser, who intends to live in the home, has to worry about neighboring lots being sub -divided. If the City Council cannot prohibit the sub -division of the lot in question at the November 21" meeting, we would request that a final decision be delayed until the current requirements for lot size and configuration can be reviewed and revised to be more logical. Thank you for your consideration;_ Sincerely, Glenn Hintz • 2844 Beam Lane C/ Eagan, MN 55121 076 PUBLIC HEARING NOTICE CITY OF EA GAN TO: Property owners within 350' of 2804 Vilas Lane DATE/LOCATION OF Advisory Planning Commission Meeting: Tuesday, October 24, 2006 HEARING: at 6:30 pm, City Hall Council Chambers, 3830 Pilot Knob Rd DEVELOPMENT/ APPLICANT: De Witt Addition/Richard De Witt LOCATION/LEGAL DESCRIPTION: 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights REQUEST(S): Preliminary Subdivision A Preliminary Subdivision of approximately .69 acres to create 2 single family lots. . File Number: 03 -PS -16-09-06 The Advisory Planning Commission conducts public hearings on these requests and makes a, recommendation to the City Council. The tentative date for City Council action is November 21, 2006. The above request(s) may require other variances to Eagan City Code Chapters 11 and 13 that are not listed • HOW TO PARTICIPATE: 1. You may attend hearings and testify. 2. You may send a letter before the hearing to the Community Development Department, 3830 Pilot Knob Road, Eagan, MN 55122 or fax to (651) 675-5694 QUESTIONS: Call the Planning Department at (651) 675-5685 or Pam Duditiak, the Project Planner at (651) 675-5691 with the above information. CITY OF EAGAN Maria Petersen - City Clerk 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. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Mailing Date: Tuesday, October 10, 2006 • - See Map on Reverse Side - f COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: • Gfsi 4''r'sa+r,t.. �✓�INLL+4-Yy1� ADDRESS j p Z/ 994'-f'e?.a � 1 J AA �c1c1 c) tccNv1 f t�JZ .)gels zrg�cn✓1 gayzl Z fz 7 /bit 0 • COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: NAME El 0 11 i•G ADDRESS. ' 13 ct l f �a�rir 4f L ,v /1 1,v COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: • NAME ADDRESS 2U15 LILL- 1,aAY-, a I Z j Gz�)co 3yeco,s i .;2, v 16 C14, Yrs- 17 C7 A liol 46—sFpwr Lop fcor Sow-, IfLl- Y Awnde 167-F LM Ea��3 n kK COUNTRY HOME PARK RESIDENTS OPPOSED TO THE • SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: A* 0 NAME ADDRESS 13x1 � Ain L Hyl n er lobc3J A L Ai 1PA . 3 tO G/t& f X006 • NEW BUSINESS; ITEM A. PRELE IINARY SUBDIVISION — DeWitt Addition The DeWitt Addition consists of a Preliminary Subdivision within the Country Homes Heights subdivision. With the City Council's approval of the DeWitt Addition, a new single family parcel will result from the proposed lot split. In 1998, City Project 717R resulted in the upgrade of the previously gravel public streets within the CountryHomes Heights subdivision to meet city standards. In the feasibility report presented at the public hearing the assessments were proposed to be levied on a lot unit basis incorporating the full cost of the improvements. At the close of'the public hearing, the City Council directed the City Attorney's office to provide a memorandum from an independent appraiser with an opinion on the increase in market value that could be expected from the public improvement. The appraiser was of the opinion that the lots affected by the street upgrade would increase in value by $4,000. In accordance with City Policy, the City Council capped the assessments at $4,000 per. parcel with driveway access to a single street. The total cost of the public improvement to upgrade the streets was $678,983.73. While the assessment policy states that 100% of the cost of such an improvement should be born by the benefiting properties, the appraisal capped the individual parcels contributions, resulting in a total assessment contribution of only $264,000.00. The remaining $414,983.73 of street • improvement costs was covered by the City's Major Street Fund. With the addition of a new single family parcel to the Country Home Heights subdivision by the Council's approval of the DeWitt Addition, it seems appropriate that the new parcel reimburse the City's Major Street Fund $4,000.00 for the increase in market value this new parcel will apparently receive. ACTION TO BE CONSIDERED: Add the following condition to the approval of a Preliminary Subdivision for the DeWitt Addition: The development shall waive any rights to the objection of a special assessment in the amount of $4,000.00 for the increase in market value related to the public street improvements included under Project 717R • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA NOVEMBER 21, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity r 1 U AMEML � City of Earn ME TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM. CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADMINISTRATIVE AGENDA / NOVEMBER 21, 2006 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session to review the decision regarding Diffley Market Place. The City Council reserves the right to consider any other matters of pending or threatened litigation or matters of labor and contract negotiation. 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 distri is as a part of each administrative agenda. In addition to the information enclosed on pages Ihq— 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-weekly updates of.larger development and construction activity. The current update is enclosed on page�. • /s/ Thomas L. Hedges City Administrator )13 • City Of BBLIaIl NCm6 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 20, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mall Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both. Demolition of the mall will be scheduled after those relocation plans are finalized. • First Phase Development Plans — The EDA referred the matter of the Core Area Development Agreement to the Council Finance Committee on November 11. The Finance Committee has begun to review the matter and plans to prepare a recommendation for the EDA consideration in December. • Silver Bell Center Remodeling — Cedarvale Barbers, Mike's Shoe Repair and Cedarvale Tailors have relocated to Silver Bell and the building permit has been released for Burton's Frame Shop, which will likely move in December. • • Acquisition and. Relocation Plans — Staff and the City Attorney are continuing negotiations with Ellingson and Associates to acquire their property. The City has received an appraisal from Steve Marlin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The All American Recreation public purpose hearing was held on November 7 and the owner did not challenge the public purpose of the acquisition at that time. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area Website updates also continue. • Transit Update — The City Council approved the concept plan for the phased implementation of the Cedar Grove Transit Station presented at the Council meeting on November 11. Northeast Eaean Redevelopment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy 55 Parcels — DART has submitted a preliminary application for financing assistance and has teamed with CSM to further develop a draft concept plan to begin the staff process of reviewing a possible formal proposal for consideration by the City Council and EDA. A project must be pursued in the next eight months before the five year rule is reached. • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TMH building. • TMI Relocation Assistance Appeal — The hearing officer has held a conference call with TMH and City representatives and has communicated expectations for a presentation of claims • and a hearing in January or February of 2007. • Southeast Eagan Renovation and Renewal District • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. L 11 General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the 2006 law changes, stag Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the Cedar Grove District k� City of Eapn ko TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: November 20, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits issued Address Business Name/Type Valuation Type 2040 Cliff Rd Darque Tan 220,000 Comm Impr 2915 Waters Rd Infuscience 155,000 Comm Impr 1983 Silver Bell Rd Subway 152,000 Comm Impr • 2640 Eagan Woods Dr Manley 145,000 Comm Impr Development Update There are no new development items at this time. 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. 1 / �j/ VCD1B&hvAck*R�IRWOftfor CG11/XY1006 ! L T AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 9, 2006 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE Q. IL ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS p S . a A. Retirement of Mike Schrader pIV. CONSENT AGENDA t• 3 A. APPROVE MINUTES P.15 B. PERSONNEL ITEMS r. 14 C. APPROVE CHECK REGISTERS P.11 D. APPROVE Resolution Accepting Donation from Home Depot for the Eagan Fire Department f (7 E. ACCEPT Grant in the amount of $2,000 from the Walmart Foundation to the Eagan Police Department p, I$ F. ACCEPT resignation of Dean Haehnel from the Airports Relations Commission and appoint Steve Beseke to complete the term which expires in April, 2007 PA G. APPROVE TemporaryOn-sale Liquor License and waive license fee for Faithful Shepherd Catholic School p api H. APPROVE 2007 Cascade Bay User Rates and 2007 Budget P1. APPROVE Execution of Release of Regulatory Agreement — Woodridge Apartments J. Item removed P,C*K. AUTHORIZE Cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar aft. Grove Redevelopment District P. q0 L. APPROVE Final Subdivision for Oldre Addition, (2900 Skyline Drive in the SE'/. of Section 4) P 30M. APPROVE Final Subdivision for Eagandale Center Industrial Park No. 19 (SW comer of Lexington Avenue and Lone Oak Road in the NE 1/4 of Section 10). $et N. RECEIVE Assessment Roll and Schedule Public Hearing (Dec. 4, 2006) for Project 776, (Yankee Doodle Road — ,pQ2 Street Improvements) 1 •mJ:J O. RECEIVE Petition and Schedule Public Hearing (Dec. 4, 2006) for Easement Vacation (Silicon Graphics First Addition) PNP P. RECEIVE Right -of -Way Tumbabk from MnDOT, O'Neil Drive ffp� l Q. REJECT Bid for Contract 06-08, Sibley Terminal Industrial Park / Northridge Drive/Fish Lake Outlet/Shawnee Road — Storm Sewer Improvements Pd R. RECEIVE Petition and Schedule Public Hearing for December 4, 2006 for Easement Vacation — Lena Court !• S. APPROVE 800mhz Antennae Lease Agreement with Dakota County (Sperry Reservoir) T. Item removed �4 U. APPROVE Design Contract for Thresher Fields Service Building �!L}lp V. APPROVE Final Assessment Settlement Agreement (Project 874 — Cina) fo tR W. DIRECT Staff to Prepare an Ordinance Amendment to Chapter I 1 Regarding Sign Permits V. PUBLIC HEARINGS Py A. CERTIFICATION of Delinquent False Alarm Bills ll B. CERTIFICATION of Delinquent Weed Cutting Bills rt7 C. CERTIFICATION of Delinquent Utility Bills p73 D. VARIANCE — Spectrum Development — Variance of 5' and 15' to the required 20' parking setback from a public right-of-way for Lot 3, Block 1, Spectrum Business Park in the NW '/4 of Section 2 pop E. PROJECT 928, Final Assessment Hearing, Alexander Road / Meadowview Road (Street Improvements) to be continued to December 4, 2006 F. EASEMENT VACATION (Outlot A, Riverpark Office Center) VL OLD BUSINESS /0,/ A. Canvass of Ballots —November 7, 2006 Municipal Election pVII. NEW BUSINESS P qa A. Consider EAGAN ART HOUSE PROPOSAL q(Q B. WETLAND DELINEATION REPORT - WETLAND REPLACEMENT PLAN — Lone Oak Business Campus, 565 P9q Lone Oak Road in the SE %. of Section 01. y C. PRELIMINARY PLANNED DEVELOPMENT — Lone Oak Business Campus — A Preliminary Planned Development of 85+ acres to create a business campus located at 565 Lone Oak Road in the SE'/. of Section,01'. 1q I D. RESOLUTION FOR SUPPORT for Cedar Grove Transit/BRT Station Concept Plan. VIIL LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE vP (147A. APPROVE submittal of legislation to improve representation of the Noise Oversight Committee communities on the Metropolitan Airports Commission (MAC). n IX. ECONOMIC DEVELOPMENT AUTHORITY n. �S A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Update regarding status of Core Area Redevelopment Agreement with Schafer Richardson E. New Business 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to LaSalle Bank F. Other Business G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eagan Ncoo TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 3, 2006 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 9, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 9, 2006 City Council agenda, the following items are in order for consideration. Consent Agenda Information Memo November 9, 2006 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RETIREMENT OF MIKE SCHRADER ACTION TO BE Recognition of Officer Michael Schrader's 18 years of service to the City of Eagan FACTS: • Officer Schrader is retiring after 28 years of law enforcement service, 18 of those years serving with the Eagan Police Department. • Officer Schrader was instrumental in staff development. Because of his teaching abilities, commitment to training new officers, participation in defensive tactics/firearms, and being a SWAT member, the Eagan Police Department enjoys the reputation of having highly skilled and knowledgeable personnel. • Officer Schrader was also instrumental in the development of the department's Chaplain's Corps Program. a Agenda Information Memo November 9, 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 finther 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 October 10, 2006 Special City Council meeting and October 17, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the October 10, 2006 Special City Council meeting are enclosed on pages through T—. • Minutes of the October 17, 2006 regular City Council meeting are enclosed on pages through `�_. 3 MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 10, 2006 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire, and Tilley. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert, Chief of Police McDonald, Director of Communications Garrison, City Engineer Matthys, City Planner Ridley, Water Resources Coordinator Macbeth, and Administrative Intern Ziemer. I. ROLL CALL AND AGENDA ADOPTION Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the agenda. Aye: 5; Nay: 0 H. VISITORS TO BE HEARD There were no visitors to be heard. III. RECEIVE ORFIELD NOISE MONITORING ANALYSIS City Administrator Hedges introduced this item and provided background on the City's efforts to determine community noise impacts and changes related to the operation of the new north -south 17/35 Runway. City Administrator Hedges introduced Administrative Intern Ziemer who provided additional background regarding the purpose of the study, the results at the various monitoring sites, and introduced Elliot Dick of Orfield Laboratories. Mr. Dick presented the raw data collected from the Phase II study and a detailed analysis of the comparison of the Phase I and Phase II studies. He sited numerous factors including a change in the number of total flights between the two phases, the mix of arrivals and departures, and location within Eagan that make definitive conclusions difficult. In general, the use of noise averaging which is the official methodology in place at this time and is used for compliance studies, results in very little difference in noise levels between the two Eagan studies. In response to City Council suggestions that that conclusion does not match community experiences, Mr. Dick and Steve Orfield explained in more detail how the methodology used generates a measurement of noise averages over time while noise to citizens is an event. They also noted that a noise event may have an annoyance factor much higher than what would be expected from an average noise level and that the earlier Wyle Laboratories work was a compliance study. After considerable discussion about the effectiveness of the information that was gathered, its potential limitations in explaining noise events to the community, and whether or not more useful data could be extrapolated from the report, the City Council accepted the report. Further, the City Council directed the Airport Relations Commission to: 1) study the noise impacts on various sites in more detail; 2) to determine whether or not better compliance standards could be promoted through legislation; 3) to determine other ways to influence the collection of more useful data; and 4) to review the options available to Eagan to gather and/or extrapolate data to distribute information that would be meaningful to the community. IV. RECEIVE UPDATE ON PRELIMINARY PREPLANNING EFFORTS TO ENSURE CONTINUITY OF GOVERNMENT OPERATIONS — MANAGE THE PANDEMIC EVENT City Administrator Hedges introduced this item and presented background on the staff planning that is underway for a possible Avian Influenza Pandemic. Chief of Police McDonald provided an overview to the City Council including a brief history of Avian Flu, the assumptions as developed by the Minnesota Department of Public Safety being used as a basis for City planning efforts, and a synopsis of City actions to date. In response to a question from Mayor Geagan Chief McDonald reported that the plan being developed for the potential Avian Flu Pandemic would not replace the City's existing Emergency Preparedness Plan but would be a mini -plan to augment it. V. REVIEW PROPOSED BURNSVILLE / EAGAN COMMUNITY TELEVISION (BECT) 2007 OPERATING BUDGET City Administrator Hedges presented the background information on the development of the Burnsville/Eagan Community Television 2007 Operating Budget and the requested action for the meeting. Director of Communications Garrison outlined specifics of the budget including the assumption that activities would continue as usual and the potential for Federal Government action that would potentially disrupt that assumption. He also pointed out the present need for capital spending to maintain a functional system and the progress on the one year lease for the facility as previously directed by the two cities. Director Garrison pointed out the fund balance projections and the future need for more revenue to include additional partnerships. Development of additional revenue sources remains a priority in the 2007 work plan. The City Council directed staff to place the proposed 2007 Burnsville/Eagan Community Television Budget on a future regular City Council meeting consent agenda for formal ratification. VI. RECEIVE AN UPDATE ON THE 2008 COMPREHENSIVE PLAN UPDATE City Administrator Hedges provided background on the status of the 2008 Compreheralvo Plan Update and outlined a process for a review of the update as developed to date and presented in the packet. City Administrator Hedges noted that staff did not plan to make a formal presentation and would primarily respond to questions, although a more detailed presentation was contemplated for the surface water management element of the Plan. F The City Council recessed at 6:44 p.m. and reconvened at 6:53 p.m. Director of Community Development Hohenstein stated that the presentation at this meeting was expected to serve as a checkpoint for the City Council and that the Plan would be brought back in the spring after additional work had been completed and any additional suggestions incorporated into the document. He noted there are two overarching themes included in the nine sections of the report; those being the aging demographics of the Eagan population and the.aging of both public and private facilities and the need to reuse, revitalize or redevelop certain properties. He further noted that the sections on emerging issues and trends help frame the public policy issues for the City Council. The following nine sections were presented for discussion by the City Council: 1. LAND USE — In response to a question City Planner Ridley stated that approximately 96% of the land in the City was built on or designated as open space. The 4% balance is guided primarily (approximately 75%) for commercial/industrial uses. 2. TRANSPORTATION — In addition to the on-going studies emerging issues include a growing desire for walkability, improved transit service, and the need to identify additional funding sources for future transportation improvements. 3. AVIATION/AIRPORTS — The evolution of the use of the new north -south runway and related noise impacts is an important issue in this section of the Plan. 4. PUBLIC UTILITIES (SANITARY SEWER) — A key component of this Plan section is the determination of the sources and potential remediation efforts related to inflow and infiltration of ground water into the sanitary sewer system. PUBLIC UTILITIES (STORM SEWER) — There is crossover between this section with surface water management to be discussed later in the Plan. A major component of this section relates to the managed conveyance of storm water flows into, through, and from Lebanon Hills Regional Park. PUBLIC UTILITIES (WATER SUPPLY & DISTRIBUTION) — It was noted that the future of the Sperry Water Tower would be studied and that additional water conservation measures would be studied. Director Hohenstein pointed out that the various systems in Public Utilities have had numerous comprehensive plans prepared over the years to provide for the necessary infrastructure. 5. PARKS & RECREATION — This section incorporates the work of the 20/20 Vision planning process and adds it into the Comprehensive Guide Plan. The results of the Patrick Eagan Park Master Plan will also provide potential land acquisition criteria that will be helpful in the Comprehensive Guide Plan. City Councilmember Carlson asked staff to investigate the Apple Valley Guide example to see whether to differentiate between active park space and passive park space. 0 6. NATURAL RESOURCES (WATER QUALITY) -- Water Resources Coordinator Macbeth presented the work that has been completed over the past year on the new 2007 City of Eagan Water Quality Management Plan. He explained the proposed vision, the mission, the process used by the Water Quality Task Force, the Federal and State Regulatory impact, operating goals and policies, public participation, and emerging issues and trends. He noted the upcoming open house on November 13, 2006 and the public hearing tentatively scheduled for February 6, 2007. Mr. Macbeth stressed the transition to this future plan becoming more a local product with resulting responsibility at the local level. It was noted in the discussion that the City can go beyond the State and Federal regulations and may very likely decide to do that. City Administrator Hedges noted that action to receive the Draft Water Quality Management Plan and to authorize the public comment period is scheduled on the October 17, 2006 regular City Council Agenda. 7. HOUSING PLAN — This section of the Plan will place an emphasis on life cycle housing in response to the aging demographics of the community. It was noted that it has not been permissible to use a land use designation to preserve land for future senior housing sites. 8. ECONOMIC DEVELOPMENT — The development of this section will take place primarily in early 2007 through coordination with the Economic Development Authority. 9. COMMUNITY FACIITIES — The availability of high quality, redundant, high speed internet service is emerging as a key in economic development and quality of life with more services moving online. This section of the Plan will incorporate the work of the Technology Task Force and the Technology Working Group. The recent work of the Communications Committee was noted and City Administrator called the City Council's attention to the notes included in the Additional Information Packet distributed on Friday October 13, 2006. That material is also being forwarded to the Technology Working Group for consideration at its next meeting. Director Hohenstein again reminded the City Council that the next check on the draft Comprehensive Guide Plan 2008 Update is scheduled for early to mid -spring of 2007 and asked that any additional response or input to this presentation and to the material as written to date be forwarded to staff for research and potential inclusion in the Plan. There was no other business. VII. OTHER BUSINESS A I _ : 1 e 1. 01u_I_ ► _ Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at 7:28 p.m. Aye: 5; Nay: 0 7 MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL . Eagan, Minnesota October 17, 2006 A Listening Session was held prior to the regular City Council meeting on October 17, 2006 in the Eagan Room. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 17, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Fields, Tilley, and Maguire. Councilmember Carlson arrived at 6:45 p.m. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 There were no recognitions and presentations. AND PRESENTATIONS CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye:4 Nay: 0 A. Minute . It was recommended to approve the minutes of the October 3, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the proposed reorganization of the clerical support staff in Community Development by replacing one Clerical Tech III with a Clerical Tech IV and authorize the advertisement of a Clerical Tech IV. C. Check Registers. It was recommended to ratify the check register dated October 5, 2006 and October 12, 2006 as presented D. Exempt Permit It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School E. Pigeon License. It was recommended to approve a license for Eric Drenckhahn to house pigeons on his . property at 2811 Pilot Knob Road. F. Proiect 877. It was recommended to receive the Final Assessment Roll for Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction an Overlay) and schedule a public hearing to be held on November 21, 2006. G. Amendment to Snow Plowing Agreements. It was recommended to approve the amendments to contractual snow plowing agreements with Gallagher's, Inc. for the street and cul-de-sac snow removal and Bever Landscaping for trail and sidewalk snow removal for the 2006-2007 winter season and authorize the Mayor and City Clerk to execute all related documents H. Project 04 -IL It was recommended to acknowledge the completion of public infrastructure improvements for City Project No. 04-R (Evergreen Enclave Addition) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions I. Final Subdivision and Final Planned Development. It was recommended to approve the vacation of a portion of public right-of-way (Gun Club Road) west of Biscayne Avenue in the SE 1/4 of Section 36; a final subdivision (Red Pine Crossing) to create two lots upon approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE 1/4 of Section 36; and a final planned development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Highway 3 in the SE 1/4 of Section 36. J. Final Planned Development and Final Subdivision. It was recommended to approve a Final Subdivision of 21 acres to create 3 Lots and one Outlot on property located in the southwest comer of Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13 subject to conditions in the July 6, 2006 City Council minutes; and a Final Planned Development to allow a 52,500 SF office/warehouse building on Lot 2, Block Eagan City Council Meeting Minutes October 17, 2006 Page 2 ®RAFT 1, LoNidy, located in the southwest comer of Yankee Doodle Road and Highway 149 in the NW %4 of Section 13, subject to conditions in the July 6, 2006 City Council minutes.. K. Extension for Final Plat. It was recommended to approve a 60 -day extension of time to record the final plat for Manley Commercial Addition, located on O'Neill Drive south of I494 and west of Argenta Trail in the NE %4 of Section 1. L. Cedar Bluff Housing Improvement Area It was recommended to approve the implementation of a Housing Improvement District under Minnesota Statutes Sections 428A.I I — 428A.21 by the adoption of: 1. An ordinance establishing the Cedar Bluff Housing Improvements Area. 2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area to finance improvements. 3. A Development Agreement between the City and the Association. M. Short Term Lease — Armful of Love Program. It was recommended to authorize the preparation of short term lease agreement for Community Action Council — Armful of Love Program at Cedarvale Mall and authorize the Mayor and City Clerk to execute the agreement. N. Removed from Agenda. O. Proiect 942. It was recommended to receive the Draft Feasibility Report for Project 942, Deerwood Drive (Blackhawk Road to Pilot Knob Road — Street Improvements) and schedule a public hearing to be held on November 21, 2006. P. Proiect 943. It was recommended to receive the Draft Feasibility Report for Project 943 Wescott Road (Pilot Knob Road to Denmark Avenue — Street Improvements) and schedule a public hearing to be held on November 21, 2006. Q. Final Assessment Rolls - City Projects 926/927/932/933. It was recommended to approve clarification of the assessment roll property identification numbers for City Project No.'s 926 (Saddlehorn / Sunset / Northview Meadows), 927 (Meadowland / Suncliffe / Beaver Dam Road) 932 (Whispering Woods / Slater Acres / Slater Road), and 933 (Town Centre / O'Leary Lane / Golfview). PUBLIC HEARINGS PROJECT 930, SILVER BELL ROAD WCOLS TO KENNEBEC) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Silver Bell Road. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll for Project 930 (Silver Bell Road — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 931, ART RAHN / HH.LANDALE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Art Rahn / Hillandale Additions. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councihnember Maguire seconded a motion to approve the Final Assessment Roll for Project 931 (Art Rahn / Hillandale Additions — Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 N Eagan City Council Meeting Minutes October 17, 2006^ F T Page 3 A OLD BUSINESS MODIFICATION OF CONDITIONAL USE PERMIT — BEST BRANDS (LOT 1, BLOCK 1, BEST BRANDS 2"D ADDITION) City Administrator Hedges introduced this item regarding a request for a modification to the conditions of approval regarding outside storage with the conditional use permit approved for Best Brands. City Planner Ridley gave a staff report. Councilmembers discussed the proposed modification regarding the bituminous surface and it was the consensus of the Council that the site be inspected annually by City staff. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the request for a modification to the conditions of approval regarding outside storage with the Conditional Use Permit approved for Best Brands on Lot 1, Block 1, Best Brands 2°d Addition in the SE %4 of Section 8 with inspection of the recycled asphalt by City staff annually. Aye: 5 Nay: 1 (Maguire opposed) NEW BUSINESS WATER QUALITY MANAGEMENT PLAN PUBLIC COMMENT PERIOD City Administrator Hedges introduced this item regarding the draft Water Quality Management Plan. Eric Macbeth, Water Resources Coordinator presented the plan to the Council. Councilmember Carlson moved, Councilmember Maguire seconded a motion to receive the draft Water Quality Management Plan and authorize a 60 day public comment period beginning October 18, 2006 and closing December 18, 2006. Aye: 5 Nay: 0 WETLAND DELINEATION — MADELYN WOODS City Administrator Hedges introduced this item regarding the Wetland Delineation Report for Madelyn Woods. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Carlson seconded a motion to receive and affirm the Wetland Delineation Report for Madelyn Woods. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION (MADELYN WOODS) VIRIDIAN VENTURES, LLC City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road. City Planner Ridley gave a staff report. Chuck Ryan, representing the property owner and developer, discussed the proposed subdivision noting that as many trees as possible will be preserved. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision to create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road in the NE'/4 of Section 32, subject to the following conditions: Aye: 5 Nay: 0 1'. The developer shall comply with these standards conditions of plat approval as adopted by Council on February. 2, 1993: Al, Bl, B2, B3, B4, Cl, C2, C4, DI, and El. 2. The property shall be platted. 3. The developer shall prepare and submit a noise abatement plan in accordance with Chapter 13.20, Subd. 15, prior to final subdivision approval. ID Eagan City Council Meeting Minutes October 17,2006 Page 4 ®R,A FT 4. The applicant shall fWfill tree mitigation requirements through the installation of thirty-six (36) Category B trees (or an equivalent combination of Category A and/or Category C trees). 5. The applicant shall submit a revised Tree Preservation Plan prior to Final Subdivision approval that shows the correct placement of tree protection fencing required to protect the critical root zones of all preserved trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), shall be installed at She Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant traes/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division to 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. 7. All retaining walls shall be constructed outside the drainage and utility easements for the pond/wetland areas. 8. All erosiontsediment 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. 9. 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. 10. Erosion control measures shall be installed and maintained in accordance with City Code and engineering standards. 11. The proposed pipe draining to the easement area from the development shall be extended to the elevation of the existing 24 -inch pipe outlet elevation (--elevation 934.8). 12. On-site rate -control ponding for the development shall provide storage to contain the 100 -year storm event with a rate of runoff equal to the current pre -development conditions. 13. Stormwater runoff shall be treated on site via one constructed pond. The design and construction of the treatment ponds and infiltration basins shall satisfy City standards and criteria. A cash dedication in lieu of on-site ponding shall be required for that portion of the site that does not drain to the pond. 14. The wetland delineation report for the site shall be explicitly accepted as submitted. 15. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota County and City standards as part of this development. 16. This development shall dedicate public right-of-way along Cliff Road (County Road 32) as required by Dakota County. 17. The entrance monument shall be eliminated or relocated. Alternatively, an agreement may be executed with the City that provides for location of the monument within the right-of-way and its maintenance. 18. This development shall be subject to a cash parks and trails dedication on the six new dwelling units. LONE OAK BUSINESS CAMPUS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) CITY OF EAGAN City Administrator Hedges introduced this item regarding an Environmental Assessment Worksbeet (EAW) for Lone Oak Business Campus. City Planner Ridley gave a staff report. Councilmember Maguire moved, Councihnember Tilley seconded a motion to adopt a Negative Declaration on the need for a Lone Oak Business Campus Environmental Impact Statement (EIS) for the 85 acre property located north of Lone Oak Road and west of Inver Grove Heights in the SE 1/4 of Section 1. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items. ADMINISTRATIVE AGENDA There were no items. Eagan City Council Meeting Minutes October 17, 2006 Page 5 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councihnember Maguire moved, Councihnember Fields seconded a motion to adjourn the meeting at 7: 20 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative forst 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. 101� Agenda Information Memo November 9, 2006 Eagan City Council Meeting B. Item 1. Police Officers— ACTION TO BE CONSIDERED: To approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. Item 2. Resignation/Operations Supervisor/Campus Facilities— ACTION TO BE To accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. Item 3. Community Service Officer— ACTION TO BE To approve the hiring of a community service officer contingent upon successful completion of physical, drug and psychological testing. K Agenda Information Memo November 9, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 19, 2006, October 26, 2006 and November 2, 2006 as presented. ATTACHMENTS: • Check registers dated October 19, 2006, October 26, 2006 and November 2, 2006 are enclosed without page number. 14 Agenda Memo November 9, 2006 Regular City Council Meeting CONSENT AGENDA: D. Approve a resolution accepting a $825 donation from Home Depot for the Fire Department. ACTION TO BE To approve a resolution accepting a $825 donation from Home Depot. FACTS: • The Home Depot has made an $825 donation to the Fire Department for use in updating their Fire Safety Trailer. • The Eagan Fire Department.is requesting that these funds be applied towards buying construction items to repair/update the Fire Safety Trailer. • A thank you letter will be sent to Home Depot. ATTACHMENTS: �a . 1 I ,. . N ` W 19- EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CTPD OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 9, 2006, at 6:30 p.m. The following members were present: Carlson, Geagan, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Home Depot has offered to donate $825 for use by the City of Eagan; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Sam's Club Foundation for the gracious and generous donation. ADOPTED this 9t6 day of November, 2006. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member . and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Iq Consent Agenda Information Memo November 9, 2006 Eagan City Council Meeting CONSENT AGENDA: E. Acceptance of a $2,000 Walmart Foundation Grant ACTION TO BE CONSIDERED: To approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. FACTS: • Yearly, the Walmart Foundation makes a financial award to local police departments. • If accepted by Council, the money will be used to reimburse our Chaplain's for personal expenses they incur when called out, as well as some equipment needs that have been identified. • The funds will be deposited in the Police Department 2007 operating budget. ATTACHMENTS: None 1"7 Agenda Information Memo November 9, 2006 Eagan City Council Meeting F. ACCEPT RESIGNATION OF DEAN HAEHNEL FROM THE EAGAN AHtPORT RELATIONS COMMISSION ACTIONS TO BE To accept the resignation of Dean Haehnel from the Eagan Airport Relations Commission. FACTS: ➢ Eagan Airport Relations Commission (ARC) member Dean Haehnel regretfully informed staff that he will need to resign from the ARC due to new job responsibilities and family commitments. ➢ Mr. Haehnel expressed how much he enjoyed his time on the Commission and noted that he hopes to serve on a City Commission in the future when time allows. ➢ Mr. Haehnel's term on the ARC expires in April 2007, and thus his 3 -year term will be filled at that time. R Agenda Information Memo November 9, 2006, Eagan City Council Meeting G. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE . LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a fundraiser planned for January 27, 2007. The fundraiser is the seventh Annual Live and Silent Auction, which is being held to raise money for the operation of the school. ➢ The application form has been submitted and deemed.in order by staff.. ➢ FaithfW Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on pages a through At__. M[ 1 Where educational excellence and God'egi b are awakened. 3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org September 26, 2006 bear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 27, 2007. We are holding our seventh Annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds from the Auction will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. ■ The designated property of the event will be limited to the school grounds, which includes the school's building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. ■ No person. under the age of 21 will be sold or served alcoholic beverages. . ■ No person will sell or give alcohol beverages to an obviously intoxicated person. ■ All persons who consume, purchase, or possess an alcoholic beverage in _the licensed area will be issued and required to wear a wristband. Faithful Shepherd Catholic School and DI -Parish Center • Serving the parishes of St John Neumann, St Peter and St Thomas Becket aD (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) ■ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ■ No person selling alcohol shall be intoxicated during his or her work shift. ■ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. ■ Licensee will provide volunteer private security to monitor the licensed area. ■ Licensee will follow the designated hours listed in the City of Eagan procedures. ■ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the —hours of -sale. -The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651.406.4747. Thank you for your consideration. Respectfully submitted, Christine Edinger Director of Finance Faithful Shepherd Catholic School Agenda Information Memo November 9, 2006, Eagan City Council H. APPROVE 2007 CASCADE BAY USER RATES AND 2007 BUDGET ACTION TO BE CONSIDERED: To approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). FACTS: • At the September 14, 2006 Special City Council meeting the proposed 2007 Cascade Bay user rates and the 2007 Cascade Bay budget were presented and discussed. User fees support this enterprise fund budget and were last increased for the 2003 season. It was the consensus of the City Council as part of the 2007 budget discussions that the no further consideration be given to the potential repayment of the $1,000,000 construction advance from the CIF as part of the final budget approval. City records will reflect this action and the previous advance will be noted as a contribution from the CIF to the original construction financing for Cascade Bay. At the September 14f6 meeting staff was directed to bring this action back as a consent agenda item at a future meeting. • Final approval of the 2007 rates and budget is being requested at this meeting rather than in December to allow for publication of the new rates. Passes to Cascade Bay are a popular Christmas item and staff would like to prepare marketing materials and to advertise at this time. ATTACHMENTS: • Enclosed on page o - is a copy of the rate history from the opening of Cascade Bay and the proposed 2007 rates displayed by the various admission categories. • Enclosed on, page n!t is a copy of the summarized Cascade Bay revenues and expenses. Aa Cascade Bay Rate Comparison *to reflect sales tax $2.00 increase over 9 years = $.22 increase/yr or 3% annually 1999 2000 2001 2002 2003 2004 2005 2006 2007 proposed Daily Admission+,50• +,15 +.25 +1.00 > 42" 7.00 7.50 7.50 7.75 8.00 8:00 8.00 8.00 9.00 <42" 4.50 5.00 5.00 5,75 6.00 6.00 6.00 6.00 7.00 > 62 years 4.50 5.00 5.00 5.75 6.00 6.00 6.00 6.00 7.00 < 18 months free free free Free Free Free Free Free Free After 5 p Admission >42", 5.00 5.50 5.50 5.75 6.00 6.00 6.00 6.00 7.00 <42" 3.50 4.00 4.00 4.25 4.50 4.50 4.50 4.50 5.00 > 62 years 3.50 4.00 4.00 4.25 4.50 4.30 4.50 4.50 5.00 < 18 months Free free free Free Free Free Free Free Free Resident Season Passes +3.00 +1.00 +ZOO I" member 48.00 51.00 1 51.00 1 51.00 53.00 53.00 53.00 53.00 1 55.00 Add'] member> 42" 38.00 41.00 41.00 1 41.00 43.00 1 43.00 1 43.00 43.00 45.00 Add'I member <42" 25.00 27.00 27.00 127.00 29.00 29.00 1 29.00 29.00 31.00 Add'I member>62 yrs. 25.00 27.00 27.00 27.00 29.00 29.00 29.00 29.00 31.00 Add'I member < 18 mos Free Free Free Free Free Free Free Free Free Resident Passes -after 5 pm +3.00 +IAO +5.00 1 m -ember 40:00 43.00 43.00 43.00 45.00 45.00 45.00 45.00 50.00 Rarely urchased Add'] member> 42" 30.00 33.00 33.00 33.00 35.00 35.00 35.00 35.00 40.00 Add'I member <42" 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00 Add'I member>62 yrs. 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00 Add'I member < 18 mos Free Free Free Free Free Free Free Free Free Non -Resident Season Pass 1 member n/a n/a 1 61.00 61.00 63.00 1 63.00 63.00 63.00 65.00 Add'I member >42" n/a n/a 51.00 51.00 53.00 53.00 53.00 53.00 55.00 Add'] member <42" n/a n/a 37.00 37.00 39.00 39.00 39.00 39.00 41.00 Add'] member >62 yrs. n/a n/a 37.00 37.00 39.00' 39.00 39.00 39.00 41.00 Add'I member < 18 mos n/a n/a Free I Free Free Free Free Free Free Non -Resident Pass -after 5 pm 1 member n/a n/a 53.00 53.00 55.0055.00 55.00 55.00 60.00 Rarelypurchased Add'I member> 42" n/a n/a 43.00 43.00 45.00 45.00 45.00 45.00 50.00 Add'I member <42" n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00 Add'I member >62 yrs. n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00 Add'I member < 18 mos n/a n/a Free Free Free Free Free Free Free *to reflect sales tax $2.00 increase over 9 years = $.22 increase/yr or 3% annually 2007 Cascade Bey rev -W summary Aquatic Facility (Cascade Bay) Fund 2007 Budget Revenues, Expenses and Other Disbursements 1102006 O`7 2004 2005 •2006 2007 Revenues Actual Actual Buda et Budast Daily Admissions/Season Pass $ 558,307 $ 663,158 $ 785,000 $ 809,200 Group Sales 131,013 127,063 140,000 136,800 Concessions 168,957 222,328 220,000 211,000 Classes/ Camps 22,245 19,841 20,000 22,000 Merchandise Sales 3,549 14,403 4,000 6,100 Vending 909 3,172 1,200 1,400 Rental 4,473 7,345 5,000 5,000 Interest 15,751 13,887 - 20,000 Other (3,357) 1,113 Total Revenues $ 901,847 $ 1,072,310 $ 1,175,200 $ 1,211,500 Expenses Personal Services $ 440,573 $ 518,685 $ 539,700 $ 563,900 Parts & Supplies 63,808 366,166 69,500 89,400 Cost of Concession Sales 88,024 114,700. 112,000 91,100 Services & Other Charges 232,330 244,016 182,300 195,700 Capital Outlay --45,600 44,500 Sub -total Expenses 814,735 1,243,549,100 67 9 984,600 Reserve for Renewal/Replacement 64,600 64,600 64,600 64,600 Total Operating Expenses 879,335 1,308,167 1,013,700 1,049,200 Non-0oeratina Disbursements Debt Service Payments 158,882 160,202 161,500 162,300 Total Expenses/Non-Op Disbursements $ 1A3B,217 $ 1,468,369 $ 1,175,200 O`7 Agenda Information Memo November 9, 2006, Eagan City Council ACTION TO BE CONSIDERED: To approve the execution of release of regulatory agreement — Woodridge Apartments FACTS: In January of 1997 the City authorized'the issuance of $7,000,000 Multifamily Housing Revenue Refunding Bonds for the Woodridge. Apartments Project. The owner (Equity Residential) is in the process of paying off the bonds and selling the project unencumbered. The counsel for Equity Residential has opined that the regulatory agreement encumbering the project terminates upon redemption of the bonds per its express terms and would like to remove the regulatory agreement of record in connection with the redemption. Steve Rosholt of Faegre & Benson, the City's bond counsel, agrees with that conclusion and has no issues with the request. ATTACHMENTS: (None) Agenda Information Memo Eagan City Council Meeting Consent Agenda November 9, 2006 K. REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District FACTS: ➢ The Dakota County Environmental Services Office maintains a database of possible dump sites, sources of contamination and remediation alternatives of properties located in the County. The Environmental Services staff has worked with a number of cities to assist in the identification and sampling of environmental challenges found with public redevelopment projects and to advise with respect to remediation. The Environmental Services staff has approached the City offering to provide such services in the Cedar Grove Redevelopment Area. While the Phase I and Phase 11 Environmental Analyses for the Core Area and the Nicols Ridge subdivisions have been completed, the County staff can be available as the identified properties are demolished, excavated or improved to confirm environmental conditions or to analyze any new conditions that arise during construction. The County would work with the developer and the City to address remediation efforts for conditions that are identified. D The County will cover all County staff time for this service and there is no City financial responsibility for agreeing to coordinate activities in this way. ATTACHMENTS: ➢ Letter from Dakota County Environmental Management Division on page &wkonmenw Mumso em Bam c sdhade Direaw weacem Dalmse�da u %1, U C.ecar 14955 Gab)de Avcwe Apple Valley, MN 55124 95LW 1.7557 rax 952.891.7588 wwwx dakom us A MYamn}eYa pyo vAn3mipmmuu�vxa w[gvaP.a�wne,1G19t October 24, 2006 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1987 Re: Cedar Grove Redevelopment Project Dear Jon: . Thank you for taking the time to meet with Terry Muller, Cathy Undem.and me on Thursday'aftemoon, October 12. We appreciate the time that you and Mike Ridley were able to spend with us. We would like to work closely with the City and the Minnesota Pollution Control Agency to review all potentially contaminated sites that are part of the Cedar Grove Redevelopment Project and surrounding areas as this project moves forward.— We can help with the environmental review and sampling, as the opportunity arises. We have been involved in public projects in other cities in the County over the past three years, providing much of the costs of the environmental investigation. While much of the environmental work in the Cedar Grove area has been completed, we wish to work with you to find other ways where we may be of assistance. Also, Jon, we would like to be made aware of all other developments that may involve sites that have been impaired. Our goal is to repair damage that has been done, as.best as the conditions allow, by working with the developers to remove, remediate or contain contamination present. Any help that you, Mike, or your staff can give will be greatly appreciated. Thank you again for meeting with us and explaining your project. We look forward to assisting you in this. Since ly, Geo e Kinney /D OCT 2:6.2006 Mike Ridley, City of Eagan Patrice Jensen, MPCA OAEMGMT%SYM AM=MtPMJ0d3V0ed Gmw-CllyofEag WOWksdoc Agenda Information Memo November 9, 2006 Eagan City Council L. FINAL SUBDIVISION (OLDRE ADDITION) — HAFSTAD REALTY ACTION TO BE CONSIDERED: To approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE '/< of Section 4. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved April 18, 2006. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page My Preliminary Plat and Grading Plan For: Gorlyn and Doris 01dre 2900 Skyline Drive Eagan, MN 55121 OLDRE ADDITION Lot 5 7 IF Lot I m' AbV/I N IbIIM P (IM N ra r Lot 5 N,INf ptr N P bp)I A .W n•M"Alf 14 rob <;=i Lot 6 1 � \ 1 1 1 � M M M"1'M p 4)N Plw Iq)y Ilb, -O.b NINA W1NIry ApNWs b. 4,I•pM ._ _ _ lil wl-bV4Ypp 41Y1b�tl,Y B01�. 4 ptlE � ' � r 1 � 1 1 � 1 � i Lot 6 Block 2 DEL OSH ADDI TION DELMAR H. SCHWANZ ygj LAND SURVEYORS, INC. _ !�"',_______________________________________________ 14655 SOutb Robert hall, /beeatoun4 !N 85069 i ' RECEIVED JUL 2 7 2006 . P0602 - Agenda Information Memo November 9, 2006 Eagan City Council M. FINAL SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19) — LARSON PROPERTIES ACTION TO BE CONSIDERED: To approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE'/a of Section 10. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved June 6, 2006. ➢ All documents and Agreements are signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page EAGANDA LE CENTER INDUS TR/AL PARK NO. 19 1� � � iniiin•wili.i i i ..,�ri'h' oml i _tia �a � t I I i� `C IY t Ia - rI:✓v;:ih-ilii. ==Y :�i:hii � `3��i i� �^a'C i `C y 1 I I L O T f dS I i I I o 66.565 SOFT 1 I � � � , C) , B_ A At l t LOT 2 4` I ,w —___— A T—_—_—______ , V r _ 1 v � ' I I 1 1 ends aornB.B "'e�wl, mus to rsuen[ i ,+„Isis_ I 79.621 SQ. FT. i . I.[ 1 � Mai tDEYI i mna seiYml r.A ,a s I.�-_ i _ r4----;-- I I ---------V.O.s.T._�(B_ZJ�_------J�,-- O 4 _________________ I '_____----------- __---- l a_ -------- _--------_____________ C _______4_ 1 S L.i I i R -4�Ia,YMe 4Ypi q-� >fl 1 I [,GMY[ 011P fRMII,hV M, ; al /I ; I ;1 a__ TA YP -tic`_% 1 Y 1� � � iniiin•wili.i i i ..,�ri'h' oml i _tia �a � t I I i� `C IY t Ia - rI:✓v;:ih-ilii. ==Y :�i:hii � `3��i i� �^a'C i `C y 1 I I L O T f dS I i I I o 66.565 SOFT 1 I � � � , C) , B_ .1 l t LOT 2 4` I ,w A ' I e i j i 79.621 SQ. FT. i I O .0 1 1 1 � Mill � a• 1 Ci a--- Xtro _.__ ,1 ,vo,a.w / 1ME NpIM L.E C! FLWanf CMIFR ,pa,pV1 PMt X6 B. a / a wsRsao ,o w ,m,r,rB. 0 AA s0® o °aOuvsxBY"ai,e• sIM Yox Pn uomm� at. BaaEO Snnde Land Surveying, LLC. tt B Im ocmrzs rau+o IlBaarxs RECEIVED AUG 0 9 2006 - Agenda Information Memo : November 9, 2006 Eagan City Council Meeting N. PROJECT 776, YANKEE DOODLE ROAD — HIGHWAY 149 TO EWER GROVE HEIGHTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension — Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. FACTS: • Project 776 provided for the extension of Yankee Doodle Road (Co. Rd. 28) as a 4 -lane divided roadway with raised median from Highway 149 to Inver Grove Heights (and subsequently to Highway 55), bituminous trail on both sides of the roadway, trunk and lateral water main, lateral sanitary sewer, and lateral storm sewer. • The Dakota County Transportation Department was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any County road extension, all new trail installations, lateral storm sewer, and right-of-way acquisition. Also in accordance with the policy, the City is obligated for 100% of sanitary sewer and water main construction. • The City's policy for financing these obligations is to levy a special assessment against the adjacent properties benefiting from the improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under County Contract 28-15, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such benefiting properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are equal to the Fee Schedule rates contained in the feasibility report presented at the public hearing held on May 15, 2001. 3Q Agenda Information Memo November 9, 2006 Eagan City Council Meeting O. LOTS 1 & 2. BLOCK 1. SILICON GRAPHICS 1ST EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. FACTS: • On October 20, 2006, City staff received a petition from Jean Crosby of CSM Equities requesting the vacation of existing drainage and utility easements within Lots I and 2, Block 1, Silicon Graphics 1St Addition, at the southeast comer of the intersection of Lone Oak Parkway Road and Lone Oak Drive. • The drainage and utility easements were dedicated as part of the previous Silicon Graphics development for ponding and public utility purposes. • The petition is intended to coincide with the final subdivision approval process for CSM's Waters Annex development on this property. • On October 20, 2006, final subdivision submittal was made by CSM for Waters Annex. • Adequate replacement drainage & utility easements will be dedicated as part of the Waters Annex final plat. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties _ for comment prior to the scheduled public hearing. ATTACHMENTS: • LocationMap, pageg_. • Easement Vacation Exhibit, pag P� WTS INTERSTATE 494 Q M Proposed W Vacation LONE OAK ROAD wS TRUNK H No SSI IC9 z o I z p+ I I � YANKEE DOODLE ROAD I I A .y> Iy 'CZE �Q I I Silicon Grapics 1st Add. City of Earn Proposed Easement Vacation 11-1-06 Engfneedng Department Location Map 3 LEGEND EXISTING EASEMENTS OUTSIDE PROPOSED EASEMENTS PROPOSED EASEMENTS 0 0 100 200 400 IVT SCALE IN FEET Agenda Information Memo November 9, 2006 Eagan City Council Meeting P. O°NEILL DRIVE — AUTHORIZE RELEASE FROM MNDOT ACTION TO BE CONSIDERED: Approve a resolution authorizing the release and transfer of jurisdictional authority for a portion of O'Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. FACTS: • O'Neill Drive is a two-lane urban roadway along the south side of I-494 that. extends from Highway 149 to the Inver Grove Heights border in northeast Eagan. The street was constructed in the mid -1980's as part of the construction of I-494 and with adjacent development. • All of O'Neill Drive lies within MnDOT right-of-way, but has been maintained by the — City of Eagan since its construction. The corporate bomrdary-between-Mendota Heights and Eagan is located on approximately the centerline of the roadway, with a portion within both cities. • Approval of this resolution would allow the release of control of the entire roadway to the City of Eagan, consistent with current maintenance operations. • Since the City of Mendota Heights does not have an interest in maintaining its portion of O'Neill Drive, it would be appropriate for the City Council to also authorize initiation of the annexation of the portion of O'Neill Drive property currently within Mendota Heights to the City of Eagan This action would be similar to the reverse annexation that occurred for that portion of 494 west of the I -35E junction in the late `80s. ATTACHMENTS: • Location Map, page. • O'Neill Drive Resolution, page. 30 MENDOTA HEIGHTS L1V � Area of O'Neill Drive to I C be Released to Eagan INTERSTATE 494 _ -- -------- -------- <0 TRUNK Fi O'Neill Drive - Release Map Exhibit "A" 11 W 11-1-06 RESOLUTION NO APPROVING AND ACCEPTING THE RELEASE OF A PORTION OF WNEILL DRIVE, LOCATED IN MENDOTA HEIGHTS, TO THE CITY OF EAGAN WHEREAS, the Minnesota Department of Transportation (Mn/DOT) is processing the request to release a frontage road to the City of Eagan. WHEREAS, the road is called O'Neill Drive (formerly Blue Gentian) and is located on the south side of I-494 lying between TH 149 (Dodd Road) and a point just West of CSAH 63 (Argenta Road), said point being the East line of Section 1, Township 27 North, Range 23 West. WHEREAS, most of said O'Neill Drive is located in the City of Eagan but there is approximately 2500 feet of O'Neill Road that is located in both the City of Eagan and the City of Mendota Heights. The road is split in the middle by the corporate boundaries of each city, as shown on the attached `Exhibit A'. WHEREAS, in order to preserve the continuity of the subject frontage road (O'Neill _ Drive) and to insure that the subject road will be maintained and operated by the City of Eagan, it is necessary that both the City of Mendota Heights and the City of Eagan agree and resolve to accept the release, facilitated by Mn/DOT, of the entire proposed portion of O'Neill Drive to the City of Eagan. BE IT RESOLVED, that the City of Eagan hereby authorizes and agrees to the release of that portion of O'Neill Drive,, located in Mendota Heights, as shown in yellow on the attached 'Exhibit A', to the City of Eagan. Adopted this 9`" day of November, 2006. CITY OF EAGAN CITY COUNCIL By: Pat Geagan, Mayor Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 9s' day of November, 2006, as disclosed by the records of said City in my possession. 39 Maria Peterson, City Clerk Agenda Information Memo November 9, 2006 Eagan City Council Meeting O. CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL - STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). FACTS: • Part of Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood under City Project No. 939. • On June 1 and August 16, City staff held neighborhood meetings to review and discuss the proposed improvements, potential construction impacts, proposed schedule, and needed easements for the project. Alternative designs (Alt. #3) were incorporated into the detailed plans for bid solicitation comparison to allow the Council to evaluate the cost implications of resident requested options. • All necessary easements have NOT been conveyed to allow this project to be awarded. • Another part of Contract 06-08 provides for the drainage improvements through the Sibley Terminal Industrial Park area near TH 13 and Terminal Drive in northwest Eagan under City Project 858. • On July 18, 2006, the City Council held a public hearing and approved Project 858. • All necessary easements have been acquired for this project. • Contract 06-08 also includes a maintenance improvement to the Fish Lake. outlet structure (Alternate Bid #1), and the installation of additional catch basins on Shawnee Road (Alternate Bid #2). • The bids for both these alternates significantly exceeded the Engineer's estimate and should be rejected and reconsidered under a future contract. CONTRACT AWARD ISSUES: • On October 3, when the City Council reviewed the bids, they concurred that Alternate Bids #1 and #2 should not be included under this contract award. • Alternate Bid #3 (North Ridge Dr) provides for the jacking/auguring of the proposed new stone sewer pipe between the existing homes at 3864 & 3868 North Ridge Dr. This alternate construction method would cost an extra $40,072. Adequate permanent utility easements currently exist to accommodate this new construction. However, additional temporary construction easements are needed to proceed with this method. • On October 3, 2006 after testimony from affected property owners, the City Council preliminarily indicated favorable consideration to award Alternate Bid #3 if all required easements were conveyed and then continued final action to the November 90' City Council meeting (or sooner) to allow for the dedication of the necessary temporary easements. Unfortunately, that hasn't happened to date and the bids expire prior to another Council meeting. • . If the bids are rejected, the various improvements that have all required easements will be repackaged and re -bid under another contract for construction n 2007. Project 939 (North Ridge) will not be reconsidered until all easements have been conveyed. Agenda Information Memo November 9, 2006 Eagan City Council Meeting R. LOT 1. BLOCK 1. CENTENNIAL RIDGE 2ND (LENA COURT) EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2"d Addition, and schedule a public hearing to be held on December 4, 2006. FACTS: • On October 30, 2006, City staff received a complete petition from James Lennon, property owner, requesting the vacation of a portion of an existing drainage and utility easement within Lot 1, Block 1 Centennial Ridge 2"d Addition, at the southeast corner of the intersection of Diffley Road and Johnny Cake Ridge Road. • The drainage and utility easement was dedicated as part of the Centennial Ridge 2"d Addition plat for ponding and general utility purposes. • The purpose of the request is to allow the property owner to construct a monument sign within a small portion of the easement area, above the adjacent pond's high water level. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior.to the scheduled public hearing. ATTACHMENTS: • Location Map, page —4L. • Easement Vacation Exhibit, page Zb,. 4/0 City of Evan Engineering Departrnent Lena Court Proposed Easement Vacation Location Map 41 10-31-06 r%nl IA 1T%' ^r A TE7 Aim I Ilr"l IIAI A W Kin vV VIV.I I .: I n I L nn) rll%7 vv 1 14v. ..V n1rC1 ry In A n` i '--NE CORNER OF LOT 1 20.00 N89'41'00"E < 0 0 I `\\ _� O A I N \\\\ -MV& 938.0 O Z I U Nµt 936'0 _ `589'41'00"W — 20.00 <<k WAlrgg 3/e I r �� `y (` I s 20 10 0 20 Scale in Feet 11.60 S00'19'00"E WO I. 7 � L W 7 r ` W % ` PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT All that port the of drainage and utility easement lying over, under and across Lot 1, Block 1, CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota as delineated and dedicated on sold CENTENNIAL RIDGE 2ND ADDITION, described as follows: Commencing at the northeast comer of said Lot 1; thence on on assumed bearing of South 00 degrees 19 minutes 00 -seconds East, along the east line of said Lot 1, a distance of 11.60 feet, to the plant of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along said east line, a distance of 20.00 feet; thence South 89 degrees 41 minutes 00 seconds West, a distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of .20.00 feet; to the point of beginning Ta Agenda Information Memo November 9, 2006 Eagan City Council Meeting S. 800MHz COMMUNICATION SYSTEM — LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve a resolution authorizing the City to enter into a lease agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 17, 2005, the City Council passed a resolution to join the Metropolitan Regional 800MHz Radio Communications System. • Dakota County is now in the process of constructing the Countywide 800 MHz Public Safety Radio Communications Subsystem. This system is part of the Metropolitan Regional Public Safety system and will consist of 9 radio transmission locations, one of which is proposed for the Sperry Water Tower. • Staff from, Eagan, Dakota County, Apple Valley, Burnsville, I.G.Hts, Lakeville, and W. St. Paul Eagan have all agreed on the terms for a standard lease agreement which is being presented to the respective governing bodies for formal approval. The Dakota County Board of Commissioners approved the lease on August 22, 2006. • The lease runs for 25 years with 5 year renewable options and a termination clause subject to a 12 month notification by either party. By agreement from all communities involved, there will be no rent/revenue associated with this lease. • The City Administrator, Public Works Director and City Attorney have reviewed the terms of the lease and find it in order for favorable consideration by the Council. ATTACHMENTS: • Resolution, page. 43 CITYOF EAGAN RESOLUTION NO TO EXECUTE A LEASE AGREEMENT WITH DAKOTA COUNTY FOR USE OF CITY PROPERTY TO CONSTRUCT A RADIO COMMUNICATION SHELTER AND INSTALL AND OPERATE RADIO EQUIPMENT WHEREAS, by Resolution No. 05-28, dated May 17, 2005, the Eagan City Council authorized the City to join the Metropolitan Regional 800 MHz Radio Communications System; and WHEREAS, the Dakota County 800 MHz Radio Subsystem includes radio sites at the Cities of Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lakeville, and West Saint Paul; and WHEREAS, a critical component to the design configuration of the Dakota County 800 MHz Subsystem is the placement of radio sites; and WHEREAS, the County is financing and constructing the County 800 MHz Subsystem; and WHEREAS, the Eagan City Council must review and approve all leases before they can go into effect; and WHEREAS, the City of Eagan has promoted partnerships between units of government to facilitate the construction of the Dakota County 800 MHz Radio Subsystem; and WHEREAS, both the County and the City will mutually benefit from access to and use of an 800 MHz radio system. NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby authorizes the Mayor and City Clerk to execute a least agreement with Dakota County for the purpose of installing a radio shelter, antennas and equipment on City property for use by Dakota County to facilitate the construction of the Dakota County 800 MHz Radio Subsystem; and BE IT FURTHER RESOLVED, that the terms of the lease shall be in effect for the period of September 15, 2006 to September 14, 2031, with an option for additional five-year extensions upon agreement to renew by the County and the City by giving ninety (90) days written notice; and BE IT FURTHER RESOLVED, that the terms of the lease provide for termination of the lease subject to a 12 - month written notice by either party. Adopted this 9' day of November, 2006. CITY OF EAGAN CITY COUNCIL Un Pat Geagan, Mayor Attest: Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 90 day of November, 2006, as disclosed by the records of said City in my possession. Maria Peterson, City Clerk Agenda Memo Regular City Council Meeting November 9, 2006 CONSENT AGENDA: U. APPROVAL OF DESIGN CONTRACT FOR THRESHER FIELDS SERVICE BUILDING ACTION TO BE CONSIDERED: Approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. FACTS: • The construction of a service building, consisting of restrooms and storage space, at Thresher Fields Park was approved by the City Council in the 2007 CIP as part of an overall improvement plan for the Park. • Design services will include construction drawings, specifications, sufficient detailing for use by mechanical and electrical contractors, and construction inspections. • JAL has served as the architects for numerous other Eagan park buildings and helped develop the standard specifications and design pallet used in City park buildings. • The contract cost of $18,900 for design of the building is included in the overall budget for the improvement project, estimated at $350,000 and will be paid from the Park Site Fund. • City staff will serve as the Construction Manager on the project. Agenda Information Memo November 9, 2006 Eagan City Council Meeting V. APPROVE ASSESSMENT SETTLEMENT AGREEMENT PROJECT 874 (CINA) ACTION TO BE CONSIDERED: Approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary— Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 874 provided for the extension of sewer and water and construction of a frontage road stub along the north side of TH 55 to serve the future Gift of Mary development. On March 21, 2006, a Final Assessment Hearing was held for the two parcels owned by Mr. John Cina. Although Mr. Cina submitted a written objection, the Council adopted the assessment roll. Mr. Cina subsequently perfected his objection with a formal appeal to the District Court. As a result of this litigation, a settlement agreement has been reached to defer the full assessment amount ($77,128.72) with interest until future sale, transfer, subdivision, platting, other development of the affected parcels or 12-31-30, whichever occurs first. ISSUES: • Since this assessment appeal is still active litigation until the agreement is approved and executed by the City, any discussions or questions should be directed to a closed session. 0 Agenda Information Memo November 9, 2006 Eagan City Council Meeting W. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ For public health and safety reasons, staff believes it, would be appropriate to perform a footing inspection with the installation of all new pylon signs (signs over T tall). ➢ In consultation with other metro cities, it was discovered that most cities do require this type of inspection as part of the sign permitting process. ➢ Additionally, permanent signs are installed without the benefit of a Sign Permit a few times a year. Similar to work done without a Building Permit, staff believes it would be appropriate to charge a double Sign Permit fee in those instances. ➢ City staff believes the double fee is warranted to discourage the installation of permanent signage with out first allowing staffs review, approval and permit issuance. ➢ This would be an amendment to Chapter 11 which will require a Public Hearing to be held by the APC before rehmming to the Council for formal action ATTACHMENTS: None P Agenda Information Memo November 9, 2006, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. ➢ At the October 3 City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. ➢ The City does not charge residents or businesses for the fust three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. ➢ The City currently has ten delinquent false alarm bills. The assessable amount of these bills is $1,570. These items are in order for certification to the County: ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments.. ATTACHMENTS (1): Proposed assessment roll on page. 0. Delinquent False Alarm Bills Property ID Outstanding Dollar Amount 1045703-010-01 $135.00 10-53790-020-02 $135.00 10-83475-070-01 $135.00 10-22515-020-01 $135.00 10-15550-010-01 $135.00 10-22502-370-05 $135.00 10-49600-010-01 $135.00 10-77055-011-01 $135.00 10-75300-020-01 $355.00 10-54200-010-02 $135.00 Total 1$1,570 49 Agenda Information Memo November 9, 2006, Eagan City Council Meeting B. CERTIFICATION OF DELINOUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: . To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: ➢ The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. ➢ At the October 3 City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. ➢ A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. ➢ The City currently has six delinquent weed cutting bills. The assessable amount of these bills is $1,751.88. These items are in order for certification to the County. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 5) --- so Delinquent Weed Cutting Bills Property ID Outstanding Dollar Amount 10-48050-070-02 $168.94 10-22504-010-01 $458.88 10-17400-081-01 $168.94 10-20960-020-03 $669.96 10-16701-070-02 $168.94 10-31500-010-02 $116.22 Total 1 $1,751.88 S1 Agenda Information Memo November 9, 2006 Eagan City Council Meeting PUBLIC HEARINGS C. CERTIFICATION OF DELINQUENT UTILITIES ACTION TO BE To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. FACTS: • The City Code allows for collection through certification of delinquent utility bills which are not paid. • At the October 3rd City Council meeting, a public hearing was scheduled for the November 9, 2006 City Council meeting. • The City currently has approximately 526 utility bill accounts with delinquent payments. The assessable amount of these accounts is $101,355.89. These items are in order for certification to the County. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Delinquent account list; pages through 7,,�—. 5a REPORT SORTR BY PID ACCOUNT -NUMBER ---------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS 3650240902 100030001077 79.06 AC 3550550202 100030002077 50.32 AC 3550780501 100080003175 19.20 AC 3550570001 100120003002 16.81 AC 2440641501 100160001379 153.05 AC 2390010303 100200004177 179.54 AC 2550070303 100200007075 108.39 AC 1550180201 100250002327 18.81 AC 2390060802 101190005001 80.27 AC 1310300702 101230004003 104.75 AC 1312250202 101230101003 158.54 AC 1181380502 101350006009 91.57 AC 1180080203 101350016001 45.02 .AC 1283830606 101375001002 231.55 AC 1283870202 101375005002 264.11 _ AC 1283690403 101375021004 .190,20 AC 1283430502 101375022002 72.62 AC 2471268901 101380005001 184.64 AC 2444070302 101417507002 32.27 AC 2443090203 101417511001 173.41 AC 2564920301 101432513002 330.77 AC 2440440202 101438003001 69.32 AC 2411600604 101438702001 84.14 AC 2411850701 101438705002, 103.30 AC 2412300202 101439506002 32.27 AC 3826180601 101460002001 527.48 AC 3826181401 101460002001 34.24 AC ASSESS -AMT 104.06 75.32- 44.20 41.81 178.05 204.54 133.39 43.81 105.27 129.75 183.54 116.57 70.02 256.55 289.11 215.20 97.62 209.64 57.27 198.41 355.77 94.32 109.14 128.30 57.27 552.48 59.24 02-NOV-2006 (09:12) --page 1 of 20 REPORT SORTED BY PID ACCOUNT -NUMBER ------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1310110002 101480103002 38.14 AC 63.14 1310060705 101480106001 119.45 AC 144.45 2500040707 101499004001 .93 AC 25.93 2500130605 101499013001 41.41 AC 66.41 2501260002 101499301002 112.46 AC 137.46 2501440806 101499312001 48.99 AC 73.99 2501480406 101499316001 69.54 AC 94.54 3761100101 101499601010 163.72 AC 188.72 3761530901 101499610015 60.83 AC 85.83 1190951201 101500001002 102.65 AC 127.65 1190110504 101500307001 128.69 AC 153.69 1190705203 101500402002 82.01 AC 107.01. 3670140704 101550012004 22.99 AC 47.99 3672310402 101550107001 64.17 AC 89.17 3672550501 101550114003 127.45 AC 152.45 3671270103 101550138002 162.39 AC 187.39 3660420502 101560009000 167.91. AC 192.91 3611520204 101630003001 39.64 AC 64.64 3611530104 101630004001 90.93 AC 115.93 3611770306 101630028001 49.76 AC 74.76 1260120904 101660001201 117.60 AC 142.60 1260710704 101660009005 111.02 AC 136.02 1260580404 101660010002 99.58 AC 124.58 1260180306_ 101660103201 128.19 AC 153.19 1260810503 101660202001 26.95 AC 51.95 1261120806 101660202102 191.08 AC 216.08 1260830306 101660204001 185.38 - AC 210.38 02-NOV-2006 (09:12) page 2 of 20 REPORT SORT RvBY PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------------- 1260880802 101660209001 136.52 AC 161.52 1260940006 101660211202 59.15 AC 84.15 1260920205 101660212102 167.63 AC 192.63 2330090802 101665003001 133.16 AC 158.16 2330080902 101665004001 55.01 AC 80.01 2310130601 101670003002 50.46 AC 75.46 2310340104 101670005001 221.74 AC 246.74 2311200602 101670008006 239.75 AC 264.75 2310930906 101670009005 46.29 AC 71.29 2311390505 101670013006 198.29 AC 223.29 2310510902 101670020002 12.87 AC 37.87 2311290701 101670025005 87.72 AC 112.72 2311240204 101670030005 174.51 AC 199.51 1040050501 101670102001 96.23 AC 121.23 1031250203 101670102004 220.04 AC 245.04 1030950805 101670105002 106.91 AC 131.91 1030330304 101670106005 158.32 AC 183.32 1040450702 - 101670109001 126.40 AC 151.40 1031110803 101670116004 47.42 AC 72.42 1020660505 101670119007 124.75 AC 149.75 1010010505 101670119108. - 250.84 AC 275.84 1040250104' 101670129001 168.11 AC 193.11 1020550801 101670130007 151.46 AC 176.46 1020540903 101670131007 125.42 AC 150.42 2320640201 101670201003 1.49 AC 26.49 2330760602 101670201007 127.68 AC 152.68 2330190605 101670203001 44.71 AC 69.71 02-NOV-2006 (09.:12?"page 3 of 20 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 4 of 20 ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID ANT -OPEN ACCOUNT -STATUS ASSESS -AMT 2330260705 101670203005 109.47 AC 134.47 2330660801 101670211007 35.41 AC 60.41 2320810102 101670215004 148.24 AC 173.24 2321130303 101670220002 80.16 AC 105.16 - 2330410805 101670224008 145.41 AC 170.41 2330360504 101670228008 .63 AC 25.63 2330490003 101670234008- 105.81 AC 130.81 2330580803. 101670243008 137.50 AC 162.50 1041040503 101670301003 101.10 AC 126.10 1041110604 101670304002 84.86 AC 109.86 1010560902 101670305008 229.57 AC 254.57 1020120003 101670308004 163.49 AC 188.49 1010960102 101670309005 169.46 AC 194.46 1010510404 101670310008 215.89 AC 240.89 1040940701 101670311003 133.99 AC 158.99 1010240801 101670317007 66.95 AC 91.95 1010690405 101670337008 .95 AC 25.95 2360730206 101670401008 147.84 AC 172.84 2360130507 101670403007 120.15 AC 145.15 2350900303 101670403012 270.18 AC 295.18 2350740301 101670405005 91.07 AC 116.07 2350850006 101670407012 51.87 AC 76.87 2350930003 101670408011 179.70 AC 204.70 2350780905 101670409005 200.47 AC 225.47 2350870803 101670409012 160.33 AC 185.33 2350560502 101670411004 219.52 AC 244.52 2380360401 101670412010 73.23 AC 98.23 REPORT SORTI�,'SY PID ACCOUNT -NUMBER PID 2350990404 101670414011 2350270102 101670415013 2330950304 101670416002 2360160207 101670425007 2370580904 101670540006 2370440602 101670554006 2390680305 101670601009 2390930205 101670602008 2390960904 101670605008 2390980703 101670607008 2391040905 101670613008 2380880104 101670614002 2380670604 101670616001 2390860101 101670619009 2380600303 101670623001 2381060902 101670632002 2390530003 101670637005 2410830004 101670703005 2410280804 101670704009 2410400204 101670724010 2360980307 101670808001 2371240903 101671107003 2371020504 101671111001 3831100701 101705010001 3831150201 101705015001 1130320308 101710001104 1210440203 101715009003 02-NOV-2006 (09:12.) ­"page 5 of 20 AMT -OPEN ACCOUNT -STATUS "ASSESS-AMT ---------------------------------------------------------------------------------------------- 83.29 AC 108.29 84.10 AC 109.10 64.47 AC 89.47 64.73 AC 89.73 -62.38 AC 87.38 94.60 AC 119.60 334.93 AC 359.93 94.19 AC 119.19 65.48 AC 90.48 223.46 AC 248.46 5.88 AC 30.88 337.27 AC 362.27 40.01 AC 65.01 2.26 AC 27.26 142.63 AC 167.63 129.95 AC 154.95 20.42 AC 45.42 167.05 AC 192.05 38.35 AC 63.35 135.03 AC 160.03 80.92 AC 105.92 60.09 AC 85.09 46.31 AC 71.31 70.57 AC _95.57 163.14 AC 188.14 209.42 AC 234.42 313.97 AC 338.97 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 6 of 20 ACCOUNT-NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID. AMT-OPEN ACCOUNT-STATUS ASSESS-AMT 1210420405 101715011003 215.30 AC 240.30 1210110103 101715026002 .175.24 AC 200.24 1210070704 101715030002 _ 179.77 AC 204.77 . 1211010204 101715309001 187.59 AC 212.59 1211070605 101715315001 186.60 AC 211.60 1262130603 101740004002 178.89 AC 203.89 1262310401 101740008201 148.42 AC 173.42 1261350106 101740016000 94.28 AC 119.28 1261810407 101740016800 129.56 AC 154.56 1261490503 101740018400 108.21 AC 133.21 1261570405 101740019100 53.66 AC 78.66 1261610808 101740019800 28.10 AC 53.10 1261650406 101740020000 117.82 AC 142.82 1263160202 101740202104 240.89 AC 265.89 1262700608 101740202203 25.59 AC 50.59 1262660206 101740204103 38.33 AC 63.33 1262840005 101740206102 231.74 AC 256.74 1262600805 101740207203 65.43 AC 90.43 1262540602 101740227002 315.32 AC 340.32 1263266704 101740303201 _ 117.26 AC 142.26 1263285704 101740404201 152.20 AC 177.20 1263287307 101740405201 152.54 AC 177.54 1263296406 101740501201 50.79 AC 75.79 1160210906 101775003002 85.45 AC 110.45 3614040803 101807506001 48.17 AC 73.17 3611284503 101815002008 188.35 AC 213.35 3611258901 101815004002 175.82 AC 200.82 REPORT QORTErr'BY PID ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 3612050903 101815102004 53.72 3750140004 101827507002 70.17 3630790804 101830005101 207.87 3631360903 101830006009 185.53 3824740901 101840313003 - 31.67 3831810101 101847531001 44.64 2490460901 101870020001 117.99 2531020205 101910004003 341.65 2531098802 101910104002 147.98 3771980402 101970003002 166.89 2563310802 102045101003 67.93 1327980701 102050006001 47.86 1550860901 102090004003 34.84 2433730502 102150003003 87.90 24605206030 102190008002 161.59 2460410003 102190011002 111.06 2572050902 102242704002 34.46 3832850601 102250318102 13387.43 3828240602 102253401001 262.34 1290400903 102275001002 131.08 1291050105 102275008003 175.73 1290550103 102275014001 58.22 1290290409 '102275014002 - 75.33 1290630102 102275021001 137.28 . 1291300002 .102275030002 187.01 1291230903 102275037002 30.29 .2530500406 102390025003 272.57 ACCOUNT -STATUS ASSESS -AMT AC 78.72 AC 95.17 AC 232.87 AC 210.53 AC 62.67 AC 69.64 AC 142.99 AC 366.65 AC 172.98 AC 191.89 AC 92.93 AC 72.86_ AC 59.84 AC 112.90 AC 186.59 AC 136.06 AC 59.46 AC 13412.43 AC 287.34 AC 156.08 AC 200.73 AC 83.22 AC 100.33 AC 162.28 AC 212.01 AC 55.29 AC 297.57 02'-NOV-2006 (09:12)` Page 7 of.20 REPORT SORTED BY PID ACCOUNT -NUMBER --------------------------- PID 1302320501 102560013003 1303020002 102560103004 1224270702 102580001006 1223920801 102580011102 1223880401 102580015002 1226580703 102580101002 2571690902 102737504001 3828910401 102880214001 2572470902 103097605002 2572580501 103097616002 2510850705 103190011004 2510280703 103190014001 2510210403 103190021002 62.94 197.05 3660740603 Q 103200001000 .51 AC 1315450502 103215124002 1315530401 103215132002 1315590801 103215138002 1060110202 103230011000 2391700805 103295103003 2391940003 103295104009 2392110907 103295204010 2392050704 103295206008 3680080303 103299008001 3682220302 103299034007 2470400904 103300026005 2440840302 103310001001 1551060502 103325001001 02-NOV-2006 (09:12) page 8 of 20 AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 16.74 AC 41.74 - 147.07 AC 172.07 187.37 AC 212.37 153.27 AC 178.27 179.66 AC 204.66 385.17 AC 410.17 210.65 AC 235.65 289.82 AC 314.82 178.83 AC 203.83 37.94 AC 62.94 197.05 AC 222.05 .51 AC 25.51 211.90 AC 236.90 99.06 AC 124.06 80.07 AC 105.07 117.71 AC 142.71 173.91 AC 198.91 72.05 AC 97.05 105.46 AC 130.46 98.95 AC 123.95 . 61:02 AC 86.02 28.40 AC 53.40' 161.45 AC 186.45 115.02 AC 140.02 411.39 AC 436.39 107.29 AC 132.29 490.35 AC 515.35 REPORT-SORTI-BY PID ACCOUNT -NUMBER PID --------------------- 02-NOV-2006 (09:12) --page 9 of 20 AMT -OPEN ACCOUNT -STATUS ASSESS-AMT --------------------------------------------------------------------- 1230680901 103980007002 58.48 AC 83.48 1230130504 103980101004 25.82 AC 50.82 1230370701 103980101010 70.73 AC 95.73 1230410102 103980101011 137.42 AC 162.42 1231020705 103980204004 249.25 AC 274.25 1231800202 103980302010 62.62 AC 87.62 1231450603 103980303001 61.29 AC 86.29 1231740006 103980304009 215..28 AC 240.28 1231648504 103980403003 147.98 AC 172.98 1231643601 103980404001 54.87 AC 79.87 3610710004 104130005001 53.45 AC 78.45 3661180401 104190006001 243.45 AC 268.45 2446590802 104200110001 2.13 AC 27.13 2567270001 104205008001 186.07 AC 211.07 2567650302 ^ 104205102002 370.25 AC 395.25 3630950803 104330001001 190.32 AC 215.32 1240340803 104420002001 248.25 AC 273.25 1220520902 104430001002 294.96 AC 319.96 3643460303 104465003002 126.10 AC 151.10 3643250803 104465127001 94.66 AC 119.66 3643050201 104465157001 48.03 AC 73.03 3610340604 104490010401 24.46 AC 49.46 3701250706 104506002003 83.32 AC 108.32 3701890004 104506005009 215.10 AC 240.10 3701900706 104506006009 66.18 AC 91.18 3701740701 104506008002 164.69 AC 189.69 1242710001 104507004003 59.44 AC 84.44 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 10 of 20 ACCOUNT -NUMBER ---------------------------------------------------------------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1242950204 104507005002 122.39 AC 147.39 - 1243010402 104507101002 184.40 AC 209.40 1243700003 104507205004 170.78 AC 195.78 3770690006 104507501006 34.12 AC 59.12 3770800502 104507526001 254.14 AC 279.14 3780810201 104507801005 87.60 AC 112.60 3781820002 104507902001 80.91 AC 105.91 3781610504 104507902002 161.51 AC 186.51 3780890401 104508005001 131.93 AC' 156.93 3780040603 104508010004 57.48 AC 82.48 3780200601 104508026002 103.98 AC 128.98 1246200802 104509010002 254.74 AC 279.74 1314760801 104509301001 143.94 AC 168.94 1314810102 r+ bo 104509306001 - 72.01 AC 97.01 1317990801 /104509411001 104509407002 211.33 AC 236.33 1317860301 303.11 AC 328.11 1322000901 104509603001 249.27 AC 274.27 1328540801 104515001001 27.59 AC 52.59 1111740501 104725114001 297.65 AC 322.65 1111590401 104725129001 236.18 AC 261.18 1320840001 104725316001 177.43 AC 202.43 1321150301 104725347001 199.49 AC 224.49 1162240403 104727502002 42.05 AC 67.05 1310950902 104727701002 96.80 AC 121.80 3650900805 104775004003 311.16 AC 336.16 3650620205 104775006002 161.88 AC 186.88 3650570902 104775011002 164.88 AC 189.88 REPORT SORTEvBY PID ACCOUNT -NUMBER PID -------------------------- 3650750703 3651230902 3651260601 3610500503 1170340205 1170080404 1170160403 1170180201 1171430002 1171400302 1171390605 1170750203 2569670902 2573100101 1222250103'e;1 1222330104 V" 1221570305 1221540604 1222420006 1221271804 1242330704 1264231001 2569380501 2550550401 1321630404 1213450808 1213500006 104775023002 104775208001 104775210002 104800010001 104805001001 104805003501 104805008201 104805008401 104805009201 104805009501 104805009601 104805015002 104950213001 105090004004 105210010005 105210016004 105210018002 105210021002 105210025004 105210035002 105210109002 105220003001 105376305005 105376420003 105377504001 105380102102 105380104202. 02-NOV-2006 (09:12) -¢age 11 of 20 AMT -OPEN -------------------------------------------------------------------------------------------- ACCOUNT -STATUS ASSESS-AMT - ------ 135.31 AC 160.31 127.35 AC 152.35 78.11 AC 103.11 179.98 AC 204.98 4.41 AC 29.41 138.36 AC 163.36 74.21 AC 99.21 92.33 AC 117.33 100.97 AC 125.97 196.96 AC 221.96 ' 105.38 AC 130.38 121.06 AC 146.06 27.25 AC 52.25 74.98 AC 99.98 71.55 AC 96.55 78.34 AC 103.34 158.25 AC 183.25 129.78 AC 154.78 41.93 AC 66.93 531.82 AC 556.82 124.03 AC 149.03 157.70 AC 182.70 121.78 AC 146.78 620.48 AC 645.48 90.13 AC 115.13 ' 171.61 AC 196.61 156.56 AC 181.56 REPORT SORTED BY PID ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 1213290803 105380109101 115.81 1213340105 105380111101 200.06 1213330203 105380111201 228.31 1213350006 105380112201 57.48 1323790404 105380200202 81.49 1323770602 105380200402 136.93 1221050605 105615006001 212.47 1221150402 105615006002 93.05 1228067303 105615105003 510.56 1220350102 105621006002 143.52 1300210001 105670002003 100.01 1301560703 105670102003 98.82 1282680601 105675001002 256.62 1282720002 105675001004 140.77 1282230002 105675001006 199.58 1282700201 105675003004 96.86 .1283110303 105675005002 229.14 1551140502 105710001001 43.17 2432270302 105750311102 114.66 2432510203 105750312003 58.29 2432220803 105750316002 78.57 2432450107 105750318003 195.06 1319200001 105769003005 234.11 1319010302 105769004002 133.28 3640710401 106270002001 197.58 1202840301 106275003104 143.57 2550040602 106300002001 47.75 ACCOUNT -STATUS ASSESS -AMT ---------------------------- AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC 140.81 225.06 253.31 82.48 106.49 161.93 237.47 118.05 535.56 168.52 125.01 123.82 281.62 165.77 224.58 121.86 254.14 68.17 139.66 83.29 103.57 220.06 259.11 158.28 222.58 168.57 72.75 .. 02-NOV-2006 (09:12) page 12 of 20 REPORT SORTIsx SY PID ACCOUNT -NUMBER ---------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS 1270160301 106398004002 210.69 AC 1270870703 106398004008 201.21 AC 1270090205 106398009001 112.62 AC 1280280706 106398103008 139.80 AC 1280110606 106398104002 127.49 AC 1280560206 106398203009 2.34 AC 1280990103 106398301002 51.52 AC 1281370503 106398301012 192.41 AC 1281010706 106398303005 129.91 AC 1281830802 106398402010 50.18 AC 2341560701 106400005001 246.76 AC 3620260402 106420001000 82.58 AC 3620280204 106500001000 107.30 AC 1220130703 106580006003 '149.37 AC 1310740401 [q�_ 106585117001 171.08 AC 1318640802( n " J 106587020001 264.33 AC 2480530106 106590012001 135.95 AC 2483070502 106590507002 133.08 AC 2560210301 106767005002 89.80 AC 2560060202 106767006003 78.70 AC 2560530403 106767027001 94.29 AC 3550030503 106805001102 159.19 AC 2550260001 106870104000 25.93 AC 1162266903 107120005003 64.17 AC 1323590805 107130001001 62.75 AC 3711540903 107250006004 138.87 AC 3711690204 107250006005 341.35 AC 02-NOV-2006 (09,12) --page 13 of 20 ASSESS-AMT ------------------------------------------------------------------- 235.69 226.21 137.62 164.80 152.49 27.34 76.52 217.41 154.91, 75.18 271.76 107.58 132.30 174.37 196.08 289.33 160.95 158.08 114.80 103.70 119.29 184.19 50.93 89.17 87.75 163.87 366.35 REPORT SORTED BY PID ACCOUNT -NUMBER PID AMT -OPEN 'ACCOUNT-STATUS ---------------------------------------------------------------- 02-NOV-2006 (09:12) page 14 of 20 ASSESS-AMT ----------------------------------------------------------------- 3711640702 107250011005 - 89.39 AC 114.39 3711410503 107250019006 90.93 AC 115.93 3710850303 107250021003 138.79 AC 163.79 3710330602 107250023002 114.37 AC 139.37 3710290204 107250025004 126.36 AC 151.36 2520230002 107260009003 47.53 AC 72.53 2522290202 107260107003 71.17 AC 96.17 1171600806 107297501207 63.66 AC 88.66 1171730306 107297505201 84.26 AC 109.26 1171980402 107297506002 123.51 AC 148.51 1173240105 107297613006 82.19 AC 107.19 1174390304 107297704201 181.06 AC 206.06 1174280606 107297815002 130.88 AC 155.88 3790640101 107298305001 18.88 AC 43.88 1222830005 107298502001 34.06 AC 59.06 1222940705 107298506002 231.95 AC 256.95 1223380503 107298802004 306.63 AC 331.63 1224730004 107299605001 87.41 AC 112.41 2420500708 107300001016 138.84 AC 163.84 2420740904 107300004006 58.51 AC 83.51 2420480205 107300004018 27.25 AC 52.25 2420440606 107300005019 139.93 AC 164.93 2420230109 107300006004 58.51 AC 83.51 2420520506 107300006015 60.79 AC 85.79 2420400006 107300006020 148.19 AC 113.19 2421090808 107300101014 170.81 AC 195.81 2421080901 107300104014 139.20 AC 164.20 REPORT SORThxr Y PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ------------------------------------------------------------------------------- 2421230002 107300108007 18.51 AC 43.51 2421650905 107300402002 153.18 AC 178.18 2421460302 107300501001 86.76 AC 111.76 2421570901 107300604006 301.93 AC 326.93 3826210101 107510101001 124.89 AC 149.89 1202220804 107585202001 257.97 AC 282.97 1202280203 107585207102 175.49 AC 200.49 1253060602 107586541002 182.03 AC 207.03 3801070805 107587819001 443.82 AC 468.82 1250500406 107595003003 188.47 AC 213.47 1251590404 107595120001 59.35 AC 84.35 1251100204 107595137002 41.48 AC 66.48 1257660901 107610013002 26.85 AC 51.85 2430560903 107650002005 67.94 AC 92.94 2430340604 107650103002 182.44 AC 207.44 2431000509 107650201008 34.43 AC 59.43 2430860302 107650201011 35.25 AC 60.25 2431890903 107650202006 49.10 AC 74.10 2431020301 107650203008 140.37 AC 165.37 2431010403 107650204008 161.73 AC 186.73 2430910601 107650204010 50.22 AC 75.22 2431690305 107650302007 79.45 AC 104.45 " 2431850305 107650302010 186.40 AC 211.40 2431420506 "107650303001 61.20 AC 86.20 2431820604 107650304009 143.00 AC 168.00 2431870102 107650304010 .97 AC 25.97 2431280303 107650304015 209.79 AC 234.79 02-NOV-2006 (09:12) -page 15 of 20 " REPORT SORTED BY PID _ ACCOUNT -NUMBER -------------------------------------- PID AMT -OPEN ------------------------- ACCOUNT -STATUS 2440317201 107705402001 69.18 AC 2440321401 107705402001 257.28 AC 2440322201 107705702001 233.98 AC 2440315601 107705703001 21.06 AC 2440316401 107705704001 837.93 AC 2401100908 107710001003 157.99 AC 2400480608 107710001011 48.91 AC 2401090203 107710002003 108.53 AC 2401020904 107710002005 99.95 AC 2401250206 107710002008 156.81 AC 2401330204 107710002009 51.34 AC 2401040704 107710003005 143.78 AC 2400700704 107710003013 157.90 AC 2400990406 107710004004 166.76 AC 2401270003 107710004008 126.38 AC 2400540703 107710005010 341.41 AC 3630010102 Co�) 107725002000 69.43 AC 1300390002 107820002005 216.83 AC 1300440302 107820006003 179.49 AC 3630520902 108140002001 41.15 AC 3630400403 108140008004 116.27 AC 1201370205 108195005205 149.63 AC 1200820707 108195007001 232.61 AC 1200730802 108195016001 201.67 AC 1300770302 108330006002 64.17 AC 2572370102 108347507001 223.32 AC 1212180201 108355001004 182.19 AC ASSESS -AMT 94.18 282.28 258.98 46.06 862.93 182.99 73.91 133.53 124.95 181.81 76.34 168.78 182.90 191.76 151.38 366.41 94.43 241.83 204.49 66.15 141.27 174.63 257.61 226.67 89.17 248.32 207.19 02.-NOV-2006 (09:12) page 16 of 20 REPORT SORTh"IBY PID ACCOUNT -NUMBER PID AMT -OPEN ACCOUNT -STATUS ASSESS-AMT ----------------------------------------------------------------------------- 1211810505 108355003003 93.56 AC 118.56 1212270102 108355004005 171.56 AC 196.56 1212450904 108355010001 486.22 AC 511.22 3700570903 108360202201 64.17 AC 89.17 3827300902 108360203101 165.83 AC - 190.83 3700590703 108360203201 213.47 AC 238.47 3700710107 108361111001 493.55 AC 518.55 3700440504 108361204501 1080.86 AC 1105.86 2451180003 108365005105 122.70 AC 147.70 2456180503 108365205001 1.56 AC 26.56 2452130403 108365302004 252.65 AC 277.65 3822460604 108373003001 70.87 AC 95.87 1316260702 108385132001 115.81 AC 140.81 1264750903 108395101001 98:17 AC 123.17 1264570102 108395204002 114.28 AC 139.28 1264530504 108395208002 278.07' AC 303.07 1091470301.0 108425001001 133.10 AC 158.10 1091090903 108425008004 215.90 AC 240.90 1091050304 108425020001 275.61 AC 300.61 1150010503 108425116001 267.20 AC - 292.20 1150750604 108425205002 267.93 AC 292.93 1083340803 108421506002 263.60 AC. 288.60 1070100103 108435101001 92.84 AC 117.84 1070120904 108435103001 98.59 AC 123.59 1070450001 108435127002 149.33 AC 174.33 1070670305 108435302003 295.71 AC 320.71 1071220602 108435305006 119.75 AC 144.75 02-NOV-2006 (09:12)'-15age 17 of 20 --------------------------------------------- REPORT SORTED BY PID 159.70 ' ACCOUNT -NUMBER ------------------------------------------------ PID AMT -OPEN 1090070201 108435408001 134.70 1090080104 108435409001 70.87 1090360704 108435410003 54.14 1090510702 108435417003 193.59 1140570101 108435507005 75.46 1140571901 108435507005 89.04 1140500803 108435518003 157.50 3823740005 108437515001 51.56 3720651304 108442103001 346.90 2433390803 108446011001 .129.68 2433380902 108446012001 323.66 2433360106 108446018003 64.07 2432920302 108446109001 1.90 3690010803 108447014001 104.14 3691700312 108447202003 237.00 AC 295.22 AC 1050380303 O 108460001004 113.56 .1050300103 108460005006 68.13 1051470110 108460006001 131.19 1050980002 108460018002 1.51 1050620205 108460019003 74.53 1051240804 108460023001 122.76 1050850504 108460027002 123.94 1100590705 108460105001 131.99 1100550105 108460108001 104.68 1100130208 108460108007 138.32 1100520408 108460111001 270.22 1101060006 108460204004 68.09 02-NOV-2006 (09:12) page 18 of 20 ACCOUNT -STATUS ASSESS -AMT AC 159.70 ' AC -95.87 AC 79.14 AC 218.59 AC 100.46 AC 114.04 AC 182.50 AC 76.56 AC 371.90 AC 154.68 AC 348.66 AC 89.07 AC 26.90 AC 129.14 AC 262.00 AC 138.56 - AC 93.13 AC 156.19 AC 26.51 AC 99.53 AC 147.76 AC 148.94 AC 156.99 AC 129.68 AC 163.32 AC 295.22 AC 93.09 REPORT SOR7;h r -BY PID ACCOUNT -NUMBER -------------------- AMT -OPEN 1111080603 1084 1110090602 1084 1326470001 1084 2570950202 1084 2411860601 1014 2501030709 1014 2501080203 1014 1030140603 1016 1030930005 1016 1010900703 1016 .2351010003 1016 1262700607 1017 1263110705 1017 1290610302 1022 2567590102 ;1031 2391770103 ,,� 1032 2392070505 1032 3702000505 1045 3770340207 1045 3770830203 1045 1170870806 1048 1170590202 1048 2572990601 1050 2570390603 1053 1221060503 1056 1270430002 1063 2480760404 1065 PID ------------------------------------------------------------------------ AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 60232001 15.49 AC 40.49 60233003 140.06 AC 165.06 65003001 106.23 AC 131.23 90023001 1.04 AC 26.04 38704002 93.88 CB 118.88 99351001 136.85 CB 161.65 99356001 32.79 CB 57.79 70105006 114.01 CB 139.01 70107002 1004.91 CB 1029.91 70316008 400.56 CB 425.56 ' 70402.011 26.15 CB 51.15 40202203 34.10 CB 59.10 40204104 130.67 CB 155.67 75020001 125.93 CB 150.93 50001002 132.22 CB 157.22 95102005 146.87 CB 171.87 95204008 72.17 CB 97.17 06004008 498.65 CB 523.65 07504001 147.77 CB 172.77 07523001 132.45 CB 157.45 05005301 12.24 CB 37.24 05007002 142.52 CB 167.52 90001002 148.03 CB 173.03 76408004 137.77 CB 162.77 15007001 141.35 'CB 166.35 98031002 328.69 CB 353.69 90205002 45.39 CB 70.39 02-NOV-2006 (09:12) --page 19 of 20 REPORT SORTED BY PID 02-NOV-2006 (09:12) page 20 of 20 ACCOUNT -NUMBER ------------------------------------------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3690440703 107079010002 121.13 CB 146.13 3710230805 107250019004 374.58 CB 399.58 1172890403 107297602003 86.80 CB 111.80 3833470201 107620202001 178.57 CB 203.57 3833480101 107620203001 275.03 CB 300.03 2431370204 107650301016 43.17 CB 68.17 2400060604 107710005017 198.36 CB 223.36 1201770303 108195005006 190.21 CB 215.21 3827310802 108360204001 319.82 CB -344.82 3700370402 108361103501 227.20 CB 252.20 3700670702 108361107501 1121.61 CB 1146.61 ' 2451660104 108365111002 28.95 CB 53.95 1110630908 108460224002 59.46 CB 84.46 88205.89* 101355.89* Agenda Information Memo November 9, 2006, Eagan City Council D. VARIANCE — LOT 3 BLOCK 1, SPECTRUM BUSINESS PARK — ACTION TO BE To approve a 5 -foot and 10 -foot Variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW '/, of Section 2. FACTS: D The applicant is proposing construction of a two-story 20,000 sq. ft. office building on the subject site. The proposed building requires 107 parking stalls, 112 are provided. Parking stalls satisfy minimum dimensional standards of 10' x 19'. D City Code requires a minimum 20 -foot setback of parking from public rights -of --way. ➢ The purpose of the required setbacks is to provide pervious surface area, snow storage on private property and adequate space for landscaping/screening. Permitting parking to encroach into the required setback is contrary to the intent of the Zoning Ordinance. ➢ Parking setback of 10 feet along TH-55 and 15 feet along Blue Water Road are proposed. ➢ A Conditional Use Permit (CUP) and similar parking setback Variances were granted in 2001 for a different development proposal (hotel) for this site. The 2001 Variances were never been implemented and have now expired. ➢ The Zoning Ordinance permits relief from a required ordinance provision if there are special conditions such as topography, natural features, and lot configuration or area, that apply to the land that make construction of a reasonable use difficult. ➢ The applicant's stated hardship is that the developable site area was reduced to accommodate regional storm water needs, for which the applicant was financially compensated, thus creating a hardship on the applicant and making development of this parcel more difficult. D Other performance standards — building coverage, green space, building height, architectural materials, etc. — appear to be satisfied. 60 -DAY ACTION DEADLINE: December 23, 2006 ATTACHMENTS (1): Variance Report, pages through J -73 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 3, 2006 APPLICANT: Spectrum Development PROPERTY OWNER: Spectrum Commercial Properties REQUEST: Variance CASE: 02 -VA -18-10-06 HEARING DATE: November 9, 2006 APPLICATION DATE: October 24, 2006 PREPARED BY: Pamela Dudziak LOCATION: 2775 Blue Water Road (Lot 3, Block 1, Spectrum Business Park) COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUAMARY OF REQUEST Spectrum Development is requesting a 10 -foot Variance from the required 20 -foot parking setback from TH 55, and a 5 -foot Variance from the required 20 -foot setback from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in the NW '/< of Section 2. 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. -7q Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 2 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. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUNDMISTORY The subject site was platted as Lot 3, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included the subject site. In the 2001 update of the original AUAR, the development assumption for this property was a 62 room hotel. The current proposed use is a 20,000 sq. ft. office building. The proposed office use will generate less traffic than the hotel use assumed for the AUAR. Also in 2001, the City approved a Conditional Use Permit to allow a 77 -room hotel on this site. With the CUP, parking setback Variances similar to the present request also were approved. Since the property remains vacant and the 2001 Variances have not been implemented, they have expired and are now null and void. EXISTING CONDITIONS The site is vacant, and was graded with previous development. The land is relatively flat and contains no significant vegetation. The following existing uses, zoning, and comprehensive guide plan designations surround Lot 3, Block 1, Spectrum Business Park: EVALUATION OF REQUEST Proposal - The applicant is proposing a two-story 20,000 sq. ft. office building to be constructed on the western portion of the site. The project provides a total of.112 parking stalls, 23 stalls underground and 89 stalls surface parking. A Variance to allow a ten -foot parking_setback along -79- Existing Use Zoning Land Use Designation North Warehouse BP, Business Park SA, Special Area South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial West Office; Parking BP, Business Park SA, Special Area East Warehouse BP, Business Park SA, Special Area EVALUATION OF REQUEST Proposal - The applicant is proposing a two-story 20,000 sq. ft. office building to be constructed on the western portion of the site. The project provides a total of.112 parking stalls, 23 stalls underground and 89 stalls surface parking. A Variance to allow a ten -foot parking_setback along -79- Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 3 TH 55, and a Variance to allow a 15 -foot parking setback along Blue Water Road are also requested. Code Requirements - City Code requires a minimum 20 -foot parking and pavement setback from public rights-of-way. The proposal does not comply with these setbacks along Blue Water Road and TH 55. Thus, the applicant is requesting a Variance to the required setbacks for parking and pavement from public rights-of-way to allow a setback of 10' from TH-55 and a setback of 15' from Blue Water Road. The Zoning Ordinance states that relief may be granted from a required ordinance provision provided that (1) there are special conditions that apply to the subject land, (2) the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and (3) it is necessary to alleviate a demonstrable hardship or difficulty. Other Performance Standards - The proposed two-story building is 30.5' in height, which is less than the BP district maximum of 45 feet. The site plan proposes 28% green space, which meets the minimum required 25%. City Code allows a maximum of 40% building coverage. The proposed building has a 10,120 sq. ft. footprint, which results in 13.43% building coverage. .Exterior building materials and trash enclosures appear to satisfy City Code requirements. Mechanical Equipment - Rooftop mechanical equipment is proposed to be painted to match the building. Such equipment should be screened from views from off the property by a screen immediately surrounding the equipment, or by a parapet wall along the edge of the building. The height of the screen should be at least the height of the equipment. Rooftop screening must be constructed of durable, low -maintenance materials and be either a complimentary neutral color the same color as ht primary building materials of the outside walls. Landscaping - The Zoning Ordinance requires all parking'areas to be screened from all streets with the use of berms, walls, fences, and landscaping. Such screens shall be solid and a minimum of three feet in height. The Landscape Plan is unacceptable. The proposed landscaping does not meet the ordinance standards, and should be enhanced along TH-55 and Blue Water Road. The proposed setback Variances mean less area in which to plant landscaping and may result in more damage to the landscaping that is installed from snow storage. The Landscape Plan also lacks necessary information - landscape schedule; grading contours, planting specifications and notes, etc. Parkin - The Zoning Code requires 107 parking stalls for the proposed 20,000 sq. ft. office building. The site plan indicates that 112 stalls in both surface and underground parking are proposed. Proposed parking stalls satisfy the minimum dimensional standard of 10 feet by 19 feet. '-7Le Planning Report -13, B 1, Spectrum Business Park November9,2006 Page 4 Easements — Public street access is available via Blue Water Road to the north via a private shared service drive with Lot 2, Spectrum Addition. The developer should provide evidence of private ingress/ egress easements between Lots 2 and 3, Spectrum Business Park, for review. and approval by the City Attorney prior to building permit approval for the proposed development of Lot I. Annlicant's Estimate of Hardship — The applicant's stated hardship is that the developable area of this site was reduced to accommodate regional storm water needs for not only the 27 -acre Spectrum development, but an additional 107 acres of the developed property on the west side of the TH 55 and approximately 14 acres of land to the north (slated for future office development). The narrative states that the land area needed for the ponding reduced the available land area for development, creating a hardship on the Applicant and "making development of this land parcel to its highest and best use as a Corporate office building much more difficult." Evaluation— It is appropriate to grant relief from a required ordinance provision if there are special conditions that apply to the land that make construction of a reasonable use difficult. Special conditions mayinclude topography, natural features, and lot configuration or area. The applicant was the developer of Spectrum Business Park, and as such, was aware of the constraints on the site. The requested Variances from minimum required setbacks are inconsistent with the intent of the Zoning Ordinance. The purpose of these setbacks is to provide pervious surface area, snow storage on private property, and adequate space for required landscaping/screening of the parking from public rights-of-way. Permitting parking to encroach 10 feet into a required 20 foot setback is contrary to the intent of the Zoning Ordinance. The site can be put to a reasonable use without the setback Variance; a smaller office building or other use could be built on the site. The stated hardship concerning the pond was created with the original subdivision. In addition to the pond handling run-off from the Spectrum site, the applicant also realized a financial benefit as the City compensated Spectrum just under $40,000 for oversizing the pond.. SUMMARY/CONCLUSION Spectrum Development is requesting a Variance to allow a 10 -foot parking setback along TH 55 and a Variance to allow a 15 -foot parking setback along Blue Water Road. The proposed office appears to be an appropriate use for the area and zoning district, however, the site plan does not comply with the parking setback of the Zoning Ordinance. With the exception of landscaping, other performance standards appear to be satisfied. A similar Variance was granted in 2001 for a different use (hotel) of this property, but that Variance was never utilized and has now expired. -17 Planning Report - L3, B 1, Spectrum Business Park November 9, 2006 Page 5 This applicant's estimate of hardship is that accommodation of regional ponding needs reduced the developable site area. As the original developer of Spectrum Business Park, the applicant was aware of the constraints on the site. The proposed Variances are inconsistent with the intent of the Zoning Ordinance. The current requested Variances from parking setbacks will continue a pattern of City Code deviations established with the original development of the Spectrum Commerce Center; which received similar relief as is requested presently. ACTION TO BE CONSIDERED To recommend approval of Variance to allow a 10 -foot Variance from the required 20 -foot parking setback from TH 55, and a 5 -foot Variance from the required 20 -foot parking setback from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in the NW %< of Section 2. 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. The Landscape Plan shall be revised to incorporate the following: a. Landscape screening shall be installed along Blue Water Road and TH 55 to screen the parking as required by the Zoning Ordinance. b. The Landscape Plan shall be prepared by a state -registered landscape architect or state -certified nurseryperson, and be signed by that person. c. The Landscape Plan shall include grading contours, a landscape schedule and planting specifications and notes. 3. The developer shall provide evidence of private ingress/ egress easements between Lots 3 and 2, Spectrum Business Park for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. Ge Eagan Boundary wght-d-wgr Location Map P°�� Park Area DuCcUr g Pootprkd Current Zoning and Comprehensive Guide Plan Land Use Map L3, B1, Spectrum Business Park Variance 02 -VA -18-10-06 Zoning Map ' Land Use Map SA SA t sp IN, OF b sh Current Land Use Designation: Location DID m SA Special Area ' •moo 14 OFPDJ OF SA t IND IND t�• us s an .ma r... 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VARIANCE REQUEST SETBACK FROM STATE HIGHWAY 55/BLUE WATER ROAD LOT 3, BLOCK 1 SPECTRUM BUSINESS PARK EAGAN, MINNESOTA This narrative for a Variance Request is being submitted on behalf of Spectrum Commercial Properties, LLC, a Minnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant' The Applicant is requesting a variance from the City of Eagan's parking setback requirement under the Business Park zone of 20 feet from a public street. The proposed setbacks on the submitted site plan for the Corporate office building for Enterprise Rent-A-Car: Five Feet from the face of the curb to the property line along Highway 55 Fifteen Feet from the face of the curb to the property line Along Blue Water Road The Applicant has supplied 100% of the land required, and has constructed a detention pond capable of holding 12+ acre/feet of water runoff (live and dead storage) from not only the Applicant's 27 developed acres, but also a substantial portion of the developed property on the west side of STH 55 (approximately 107 acres), and the contiguous 14 acres of land to the north (presently single family homes on Blue Gentian Circle but slated for future office building development by McGough Construction). Lot 3 totaled approximately 3.389 acres at the time the Applicant acquired the property. Since the construction of the new detention pond, the net acreage of the site has been reduced to approximately 1.71 acres. Approximately half of the original site (1.68 acres) was dedicated to the construction of the detention pond. This detention pond, which will accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a substantially larger capacity than is needed for just the 27 acre Spectrum Business Park development. Its construction has placed some unexpected development constraints on land planning this commercial comer. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as a Corporate office building much more difficult. RECEIVED OCT 2 4 Vr` 1000 Blue Gentian Road* Suite 135 O Eagan, MN 55121 651.675.0500 0 Fax 651.675.2290 Agenda Information Memo November 9, 2006 Eagan City Council Meeting E. PROJECT 928, MEADOWVIEW ROAD/ ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Continue the Final Assessment Hearing for Project 928 (Meadowview Road/ Alexander Road - Street Improvements) to December 4, 2006. FACTS: • Project 928 provided for upgrade of Meadowview Road to current City standards and realignment/resurfacing of Alexander Road, located west of Highway 13 in northwest Eagan. The project also provided for the construction of concrete entrance aprons to commercial/ industrial properties along both streets. • The Final Assessment Roll was presented to the City Council on October 3, 2006, with a public hearing scheduled for November 9 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have.been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on November 2 to address all property owners' questions or concerns and provide any additional information of interest. Of the 10 parcels (all Commercial/ Industrial) being assessed, 2 people representing one parcel attended. • As a result of questions raised at this meeting regarding the assessment amounts and allocation methodology, the City Attorney is recommending that the Final Assessment Roll be revised. This will require re -notification of all property owners and new publications for the rescheduled hearing date of December 4, 2006. ATTACHMENTS: • Project improvement and assessable properties map, page 1 I'm LEGEND ASSESSMENT AREA ® STREET UPGRADE STREET OVERLAY CONCRETE ENTRANCE APRON STATE OF MINNESOTA _. No -w O n I� 03045%// 030-01 I / #3003 z 2 Vw 1 1 1 /180;y� I�.230' 1 I \�I 5 It QyaS s #3303 1 i? X350 1i 17z0 • ��� #3105 I EAS t D #310 (Old Alignment) ) • /ADOmON 1 f ( New Alignment) # 1710 N ..... ._.�/� w E S NO SCALE I G:Pro'ect and Contract Into 0928 Meodo"iew Alexander Gra hits Assessments Meadowview Rd. / Alexandria Rd. biqA-1 1Of BgIl Street Improvements -Assessment Map Engineering Department Project 928 Agenda Information Memo November 9, 2006 Eagan City Council Meeting F. OUTLOT A: RIVERPARK OFFICE CENTER EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage & utility easements within Oudot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On September 14, 2006, City staff received a petition, from William Everson of Blue Cross Blue Shield/Minnesota, requesting the vacation of a portion of an existing drainage and utility easement within Outlot A, Riverpark Office Center, at the northwest corner of the intersection of Yankee Doodle Road and Yankee Drive. • The drainage and utility easement was dedicated as part of the Riverpark Office Center plat for ponding and general utility purposes. A 24" storm sewer pipe is located in this general area. • On July 31, 2006, the City Council approved a Planned Development Amendment to allow three pylon directional signs and a uniform sign package for the Blue Cross Blue Shield properties. Two pylons are to be located on the south side of Yankee Doodle Road between Highway 13 and Blue Cross Road, and one pylon at the noted o location on Outlot A Riverpark. • A condition of this Council approval required a petition to vacate a portion of the easement area on Outlot A prior to the recording of the Planned Development Agreement and issuance of the sign permits. • The purpose of the request is to allow the property owner to construct the pylon sign as indicated in the presentation to the City Council at the July 31 meeting. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received as of the date_ of this report. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page Ill .. 490;, City of Evan Engineering Departrrmt Outlot "A" - Riverplace Office Center Proposed Easement Vacation 4N Location Map 9/20/06 eN That part of Outlot A, Riverpark Office Center, within Section 8, Township 27, Range 23, Dakota County, Minnesota, commencing at the northeast comer of Outlot A, Riverpark Office Center, thence South 32 degrees 17 minutes 20 seconds West a distance of 22.00 feet to the point of beginning of the line to tie described; thence South 32 degrees 17 minutes 20 seconds West a distance of 31.00 feet; thence North 57 degrees 42 minutes 40 seconds West a distance of 20.00 feet; thence North 32 degrees 17 minutes 20 seconds East a distance of 31.00 feet; thence South 57 degrees 42 minutes 40 seconds East a distance of 20.00 feet to said point of beginning and said line there terminating. FF DRAINAGE \ EASEMENT °o 0 PROPOSED VACATION Engineering Department Outlot "A" - Riverplace Office Center Proposed Easement Vacation. 9/20/06 Agenda Information Memo November 9, 2006, Eagan City Council Meeting VI. OLD BUSINESS A. CANVASS OF BALLOTS - NOVEMBER 7.2006 MUNICIPAL ELECTION ACTION TO BE CONSIDERED: To certify the results of the November 7, 2006 Municipal Election. FACTS: • State law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. • Election results will be distributed at the meeting on Thursday. ATTACHMENTS: (None) T Agenda Memo November 9, 2006 Eagan City Council Meeting NEW BUSINESS A. CONSIDER PROPOSAL FROM EAGAN ART HOUSE ACTION TO BE CONSIDERED: Approve proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks & Recreation Department. FACTS: • A letter from Vicki Wright, Chair of the Eagan Art House Board requesting a change to their partnership with the City along with a staff memo discussing this request was distributed as additional information on October 20. This year, the Eagan Art House was audited by the Internal Revenue Service and by the Minnesota Department of Revenue. The audit demonstrated that the EAH is in good financial standing, but must reclassify all instructors from independent contractors to employees by January 1, 2007. The Art House Board does not feel that it has the bookkeepingladministrative resources to run their organization with this change and is requesting that the programs and appropriate staffing be absorbed into Eagan Parks and Recreation. • All penalties resulting frorn this decision will be the responsibility of the current non- profit organization and will be paid before the City assumes management. • The mission of the Eagan Art House fits very closely with the goals of Eagan Parks and Recreation and the two organizations have worked in partnership for many years. Recreation art classes also support the direction created in the 2020 Vision as they provide cultural programming suitable and accessible to a wide range of ages and abilities. • If this agreement is approved, the Eagan Art House Board would change the mission of their non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. The board would retain its role in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House. • The new partnership would be very similar to the City's current partnership with the Friends of the Farm. This successful partnership has provided volunteer service, programs and improvements at the Historic Holz Farm for several years. ATTACHMENTS: • Background memos on pages toy im From: vicki WrightI'malltmicidwrthlboarricasLnetl Sent. Thursday, October 19, 2006 2:02 PM To: Juii Johnson subject- Eagan Art House 2007 Importance: High To Tom Hedges and Julie Johnson - The Eagan Art House is currently providing a substantial amount of programming for Eagan Parks and Recreation as well as operating the annual Eagan Art Festival. We have been operating as an non-profit partner of the City of Eagan and are seeking to make some changes to clarify that relationship. 1. This year, our organization was audited by the Internal Revenue Service and by the Minnesota Department of Revenue. That audit demonstrated that we are in good financial standing, but that we must reclassify our contractors as employees by January 1, 2007. Any penalties resulting from this decision will be the responsibility of the current non-profit organization and will be paid before this date. We are hoping that the teachers can become part-time employees of Eagan Parks and Recreation. This would also include Julie Anderson, currently employed as the director of the Eagan Art House. 2. As the City now manages the registration for our classes, the board of directors is also seeking to have the operation of the Eagan Art House to come under the management of Park and Recreation. 3. The building occupied by the Eagan Art House in Patrick Eagan Park is owned by the City and leased by our organization for $1.00/year. The board is willing to forego this lease agreement and also return its use to the City for the Eagan Art House programs. 4. With these changes, the board of directors would then change the mission of the non-profit organization to become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House, retaining its role in managing the Eagan Art Festival - proceeds. to benefit the Eagan Art House. This document is a draft for our mutual consideration. We hope to refine this proposal for presentation to the Eagan City Council before the and of this year, with your help. Thank you very much. Vicki Wright Chair, Board of Directors — Eagan Art House, Dakota Center for the Arts Mobile: 651.226.8954 E-mail: vickWaht(dlcomcastnet I� TO: Tom Hedges, City Administrator FROM: Juli Seydell Johnson, Director of Parks and Recreation DATE: October 19, 2006 RE:Eagan Art House Request for Art House Operations to Become a Part of the Eagan Parks and Recreation Department The Eagan Art House Board has approached City staff regarding the possibility of Art House programming becoming a part of the Eagan Parks and Recreation department. Due to the results of an IRS audit, the Art House must hire their instructors as employees rather than independent contractors as they have in the past. The Art House Board does not feel that it has the bookkeepingladministrative resources to run their organization with this change. The mission of the Eagan Art House, along with the classes and services offered to Eagan residents, fit very closely with the goals of Eagan Parks and Recreation. The two organizations have worked in partnership for many years. Recreational art classes also fit very well with the direction created recently in the 20/20 Vision as they provide cultural programming suitable and accessible by a wide range of ages and abilities. Expanding the partnership to allow the administration of all classes to become a part of Parks and Recreation operations will allow for the Eagan Art House to further benefit from the staff, administrative structures and resources available within the City. In the end, this will lead to an expansion of art -related classes and programs to Eagan residents. The Art House has been operating with a balanced budget for the past several years. Because all program revenues along with program expenses would be absorbed into the City budget, there would likely need to be only a small subsidy during the transition ($3,000-$5,000) in addition to the in-kind services currently included in the Art House partnership. The subsidy would be expected to decrease as the art programs continue to grow. The Art House Board of Directors would like to take a role similar to that of the Friends of the Farm at Holz Farm. The board would become solely a supporting, fundraising arm, with no direct operational responsibility for the Eagan Art House. They would continue to manage the Eagan Art Festival. This type of partnership has been successful at Holz Farm. This opportunity seems to offer a positive resolution to the difficult situation that the Art House Board has encountered. The transfer will combine the strengths of Parks & Recreation operations with the strong arts foundation created by the Art House to move forward with a solid offering of leisure -time arts -based classes and activities for Eagan residents. Background: Current Eagan Art House — City of Eagan Partnership • The City of Eagan purchased the Lillian McCarthy house and the surrounding property to become part of Patrick Eagan Park. The original intention was to provide for a more formalized entrance to the park. • The house was rented for a period of time as a private residence until there was a emerging interest from a fledgling art association that saw the need to provide a level of art programming in the community. The partnership with the City originally involved the use of the house in Patrick Eagan Park since there were no other city facilities that would be able to house this new programming element. • The Art House provides a variety of art classes and art -related events to the community. The Parks and Recreation Department does not offer art -based classes. • Art House classes had 1,341 registered participants in 2005. This is similar to the number of participants in City preschool programs during the same year. Total recreation program registrations in 2005 were 25,000. • The Art house leases the house in Patrick Eagan Park for $1.00 per year. The City provides lawn maintenance, snow and ice removal (except for sidewalk to house entrance), trash pick-up, pumping of septic tanks, cleaning supplies for the building and general repairs as needed. • City improvements to the building for the Art House have included: remodeling of the original house info class room space with an accessible restroom, addition to an accessible ramp, remodeling of garage into pottery studio, connected City water service, rewired house for kilns, replaced house roof and constricted a stage for Art House events. • The City provides clerical management for most Art House class registrations and promotes Art House classes in the Discover brochure. The cost of the space in the Discover brochure including mailing is $12,840. The cost of the clerical time required to manage the registrations is approximately $5,000. • The City retains 8% of Art House class registration revenues. In 2005 this was $6825. • The Art House Board has been discussing the possibility of a campaign to solicit funding for firture expansion of the existing building and/or campus in order to expand programming opportunities. 9S" Agenda Information Memo November 9, 2006 Eagan City Council Meeting B. WETLAND DELINEATION REPORT — WETLAND REPLACEMENT PLAN — LONE OAK BUSINESS CAMPUS ACTIONS TO BE CONSIDERED: 1) Receive and affirm the wetland delineation report; and 2) Approve wetland replacement plan by Lone Oak Development, LLC. for wetland impacts of the proposed Lone Oak Business Campus development. FACTS: • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGL) is responsible for wetland -related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland -related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated August 2006 was submitted by McCombs Frank Roos Associates, Inc. for this site. The Water Resources Coordinator has field verified and confirmed the delineation of portions of two state public waters and 10 other wetlands. • Effective September 2006, the developer completed a .wetland replacement plan application. The proposal includes 49,148 ft' (1.14 acres) of proposed fill impacts to seven wetlands to be replaced on site by 52,860 if of new wetland credits and 123,385 8Z of public value credits. Neither of the state public waters is proposed to be impacted by draining, filling, or excavation. • The Water Resources Coordinator has reviewed and provided findings on the wetland replacement plan application in favor of approval (see attached). • At its October 16, 2006 meeting, the Advisory Parks Commission recommended approval of the wetland delineation report and the wetland replacement, plan. ATTACHMENTS: • LGU Findings of Fact, page. • LGU Sequencing Findings ofact, page 0 11203/2006 14:05 EAGAN MAINTENANCE 4 CITY HALL DNSTR N17.964 P02 County: Dakota . Project Name/#:Lone Oak Business Camuus/Apo.# 06090805 Location of Project: SE t 27N 7-W _ V. /. '/4 Sec. Twp. Range Lot/Block, 1. Type of determination requested (chsek thou Char apply): _ Exemption (WCA Exemption N �) _ No -Loss X Wetland Boundary and Type X Replacement Plan 2. Description of Wetland(s) with proposed impact: a. Wedand Type (Circular 39)1,2,_3. (Cowardin) b. Wetland Size c. Size of Proposed Impact (acres and square feet) 1=2.966 so.ft.: 2=14.817 sa.ft. 3 31.365 sq.ft. 3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. X Yes ❑ No (if no, list why) 4. is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface waterm&aa ememplan'andmetropolitangroundwatermanagementplan,and local comprehensive plan and zoning ordinance? ZYes ❑ No (if no, list why) 5. How will the project affect the following wetland functions: Functions Lnymt No I hwoove Floodwater Storage X Nutriew Assimilation X Sediment Entrapment X Groundwater Recharge T x Low Flow Augmentation X Aesthetics/Revreation X Shorelend Anchoring X Wildlife Hibitat X Fisheries Habitat X Rare Plant/Ammal Habitat $ Commercial Uses X 6. Forreplacement plan or no -loss determinations, are wetland functions maintained at an equal or greater level? X Yes ❑ No (if no, list why) 7. Is approval of the activity proposed in item 1. recormneaded? X Yes ❑ Yes, with Conditions ❑ No (if no, list why) If no, why? 8. ST TURF u ftep owt 0) Pogo I of I/ 1 LGU Findmgc orFaa.doc (Aagnt 7005) 11/03/2006 14:05 EAGAN MAINTENANCE 4 CITY HALL DNSTR N11.964 IP03 Date: October 9. 2006 LOU: City of 13—am Project Name or Number: Lone Oak Business CamP3ts LOU contact: Eric Macbeth Location of Project: SE • 1 27N 23W_ '/4 See. Twp. Range I. DETERMINATION OF IMPACT AVOIDANCE I) Is the project wetland dependent? ❑ yes. ® no aryes, proceed to Item 11 of this form) 2) Has the applicant provided documentation describing at least 2 good faith alternatives that would avoid wetland impacts? (e.g. no -build, alternate sites, alternate project configurations) ®yes ❑ no (tfno, then sequencing requirements are not titer and tAe permit cannot be approved) 3) . have all feasible and proder alternatives that would avoid impacts to wetlands been considered? . Oyes [:]no (If no. then sequencing requirements are not met and the permit cannot be approved) II. DETERMINATION OF IMPACT MINIMIZATION (8420.0520, Subp. 4) 1) Has the applicant sufficiently demonstrated efforts to minimize impacts to wetlands by considering the following? • Spatial requirements of the project • Individual and cumulative impacts Locations of existing stucrural or natural features • Alternative project configurations _ • Project purpose relative to the proposed impacts • Site constraints • Confining impacts to the fringe of the wetland(s) • Site design relative to natural teastuas • Value, function, and distribution of wetlands on the site • Others as necessary ® yes ❑ no (1fno. then the LGUshall notify the applicant in writing ofur objections to the project. tithe applieetion is nor withdrawn or modfj)ed to satisfy the LGU's objections within 30 days. Uten flit statement of objection shall constitute a denial of the application.) III. DETERMINATION OF IMPACT REC'T'IFICATION (8420.0520, Subp. 5) I) Has the applicant proposed to repair, rehabilitate, or restore to pre -project conditions any temporary impacts associated with the project? ❑ yes ❑ no ®NIA (Ifno, then sequencing rtiquiremenis are not met and the penult cannot be approved) IV. DETERMINATION OF REDUCTION OR ELIMINATION OF IMPACTS OVER TIME (8420.0520, Subp. 6) 1) Will additional wetland impacts be reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains the retraining wetland functions and values? ® yes ❑ no (If no, then sequencing requirements are not met and the permit cannot be approved) V. UNAVOIDABLE IMPACTS (8420.0520, Subp. 7) 1) Will unavoidable wetland impacts be replaced in accordance with M.R. 8420.0530 to 8420.0630? ®yes ❑ rto (If no, then sequencing requirements are not met and the permit cannot be approved) VI. SEQUENCING FLEXIBILITY (8420.05201 Subp. 7s) 1) Has sequencing flexibility been requested? ®yes ❑ no (If yes, explain compllnnce with MNRule 8420.0320. Subp. 7a) Explanation: Alternatives have been considered and grotwsed replareement to provide eeual or treater functions and 1ublic values. 2) Will the proposed replacement wetland provide equal or greater functions and values than the impact wetland? ® yes ❑ no (If no, then, sequencingjtaaibitity cannot be implemented) Based on the information above, is sequencing adequately addressed? ®YE [J No Authorized LOU ficial Date Page 1 of 1 Sequencing Findings of Faet.doc r (December 2002) Agenda Information Memo November 9, 2006, Eagan City Council Meeting C. PRELIMINARY PLANNED DEVELOPMENT — LONE OAK DEVELOPMERNT ACTIONS TO BE To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE'/< of Section 01, subject to the conditions listed in the APC minutes, as amended. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: D The development site contains several wetlands and a shoreland protected lake as well as scattered wooded areas. ➢ The proposal consists of seven buildings with 676,000 sq. ft. of commercial office and warehouse space. ➢ The scale of the proposal required submittal of a mandatory Environmental Assessment Worksheet (EAW). The City Council made a negative declaration on the need for an Environmental Impact Statement on October 17, 2006. ➢ The Wetland Replacement Plan application has been made and appears separately on this meeting agenda for Council action. ➢ The development site will need to be subdivided and platted, and a Final Planned Development will be required for each building. ➢ Shoreland zoning applies to approximately'/< of the site. ➢ Through the Planned Development, flexibility in typical zoning standards can be accommodated. ➢ This Preliminary PD provides site design and infrastructure plans for the entire 85 - acre site. More detailed plans will be submitted with the subdivision and Final PD applications. ➢ The acceptability of deviations to typical City Code standards is a policy matter to be determined by City officials. Proposed deviations include: • Green space and building coverage for the entire site rather than individually for each lot or building. • Two five -story buildings exceeding the 35 -foot height limit of the shoreland district. • Impervious coverage area exceeding 25% in the shoreland overlay district. • Parking setbacks less than 20' from the public right-of-way and adjacent property. • Reduced parking stall size and a reduced number of parking stalls. D In reviewing the conditions of approval in the APC minutes, the City Attorney identified some redundancies. Staff has edited and consolidated a few of the conditions to eliminate duplication and clarify content. A copy of the edited conditions is attached. ➢ On October 24, 2006, the Advisory Planning Commission held a public hearing on the Preliminary Planned Development and recommended approval. ISSUES: ➢ Of the proposed deviations, the APC action was to require the developer to meet parking setbacks and parking stall size requirements. ATTACHMENTS (2): October 24, 2006 APC Minutes, pages, through Edited Conditions of Approval, page,�/O Staff Report dated October 18, 2006, pages, r ough 40 8. The existing shed on proposed Lot 1 shall be relocated to meet required building setbacks. Chair Hansen explained to the audience that the commission had little choice but to recommend approval because proposed subdivision was consistent with all City subdivision and zoning standards. A vote was taken. All voted in favor. Motion carried: 7-0. B. Lone Oak Business Campus Applicant Name: Lone Oak Development Location: 565 Lone Oak Road; North of,Lone Oak Road adjacent to Inver Grove Heights a. Application: Preliminary Planned_:.Development A Preliminary Planned Development.; 85+ acres to create a multi -building office and office/warehouse business campus.. File Number: 01 -PD -04-08-06 Planner Dudziak introduced this item and highlighted the information presented in the. City Staff report dated October 18, 2006: 'StSe noted the background and history. ;r. Applicant Gary Tushie, Tushie-Montgomery, & As§ociatesw,jnc., discussed their requests for deviations to the requirements for green;:space, parking setbacks, parking stall dimensions, and clarified the Height of the multi -story office buildings. Chair Hansen opened the publlc'hearing. John Todd,;,6689 Argenta Trail, InveCOroveHeights, discussed the history of the property,,and concem;for protection of the lakes and wetlands. Kathy'Wginer, 510 Lone'Q k Road,,diiscussed possible roadways, screening, setbacks and wateelrun off. Jeremy Illg, 546 Lone Oak Road discussed concerns with the future widening of Lone Oak Road. r George Mikutowski,;520 Lone Oak Road stated concern for assessments for water and sewer. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Sirish Samba, Civil Engineer with MFRA, addressed questions about storm water run off and water quality on the property. 101 Member Keeley noted structured parking could speak to a number of concerns. She discussed benefits of an amended parking plan. She stated support for the use of low impact development measures in the development. There was discussion on the parking and parking setback requirements, including the applicant's request to deviate from standard requirements: There was also discussion about the green space, building height, and right-of-way. Member Dugan asked for clarification on the height and location of the multi -story buildings, the number of parking stalls and the anticipated development scenario. Planner Dudziak clarified the concern relative to the parking°areas. not meeting setback from the new north/south collector street; she stated the standard'20' setback provides a continuous green space that affords an opportunity!berm and landscape the parking lot from the street. Mr. Tushie discussed green space around the"lake:and the -rationale for the location and building height of the two multi -story office buildings: ;;He stated the City s ordinance for parking requirements is in excess of industry standardsa. He discussed the build -to -suit lots and explained that the development will be built in phases, as needed. City Engineer Russ Matthys clarified ttiat°tf e' i ew.north-south road is a collector street with an 80 -foot right of way to accommodate a "road' of 54 feet; as well as a trail or sidewalk on both sides. Member Keeley moved, Member; Heaney seconded a motion to recommend approval of a Preliminary Plann® Development to create an office commercial development upon approximately 8 ' acres located north of Lone Oak Road and west of the Inver Grove Heights;border in the'SE'/4 of;Section,1, subject to the following conditions as amended 1. The:,developer shall'ezecute a`Preliminary Planned. Development Agreement which include"" Ahe following plans: • Site`Rlan • Build Ing %Elevai • Site LightirigP • Landscaping'F • Signage Plan.- 2. lan. 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan Final Building Elevations Final Site Lighting Plan Final Landscaping Plan Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 19 feetJn. depth. 8. If additional parking spaces are required by an_actual.tenant in Buildings 6 or 7 that exceeds the number provided, the additional!'parking shall be provided through structured parking such that the total greeh-space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 4.5 feet in height, and Buildings 3-5 shall not exceed one story and 351eet in height. B iiid ngs 6 and 7, shall not exceed five stories and 75 feet in height. x 10.A detailed landscape plan shall be submitted',at"the.time of Final Planned Development for each building, overlaid.on-.tNe grad ngrand utility plans and including a landscap&sctiedule and planting specifications and notes. 11.A site lighting plan;shall be submitted at the;time of Final Planned Development for each building. Lightirig.fixtures,shall be consisted throughout the development Minimum light,levels of 05 footcandles shall be provided in all parking lot areas, and light levdW6hall not excee done footcandle at the property line. Average to minimum ratios Within.parkingilots shall not be greater than 4:1. 12. Building architecture and, materials shall comply with the City's architectural standards: ordinance. 4',buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosuresishall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14.All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City s zoning code. 15.Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this 103 Planned Development shall be consistent in design and size and be constructed of the same materials. 16.The future park dedication for the developments) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect.) 17.The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail:within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon'staff_review, for on-site trails determined to provide connectivity and obvious publieavalue; all;found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures 66he treatment ponds to increase storage times - in the ponds and allow retentionof up'to 5 -year storms and infiltration through side slopes of the ponds ti achieve higher levels; of reduction (up to 96%) in the post -development phosphorous` loads ,,Vegetated buffe 4dps, rain gardens, infiltration basins, and other low -impact Be6t`Management Practices shall be incorporated as needed_ to further reduce phosphonisIoad and runoff volume further. ` ._._........—.s�-...a.ee............ ......... �lV.i :2 ilS 20. A cash water quality dedication will be due.'for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first 21.The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City;Council must' make a formal decision regarding the acceptability of the wetland repiacement plan prior to approval of the Preliminary Planned Development. 23. The applicant shall.be'responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25.The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. _26.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. 27.A l 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. ,r 28. Public improvement projects providing for pipe outlets for Ponds FP=8 and FP -9, in accordance with the Storm Water Management. Plan, shall be approved, by the City Council prior to final subdivision approval for this,:;deyelopment. 29. The grading and site plan shall be,,reVised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de- sac at the south end of the proposed street,. 31.The internal roadway/ serviee:.drive system of the site plan should be modified to reflect restriction oflaccess to.Lone Oak Road, per Dakota County requirements. s 32.At time of subdivisiorilo royals; this development shall accept the City's determinationp ,responsibility and per acre costs for mitigative traffic improvements as identified in the; Northeast Eagan Area Wide Traffic Study and provide payment of Sud "costs to the City;pursuant to<an escrow agreement in a form acceptable to the C' 'i Attorney. 33. This development shallia'ccept its additional financial obligations as defined in the ,staffs report` i"ccordance with the final plat dimensions and the rates in effect at the time of fin4.61at a 'Droval. 34. 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. 35.This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights - M7 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the hy.Attorney). 38.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. 39.AII public and private streets, drainage systems, and utilities necessar to provide service to this development,shall be designed and certified by a registered professional engineer in accordance with City adopte&dodes, engineering standards, guidelines, and policies prior to application, for final plat approval. 40.A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards,prior to final plat -approval. 41.This development shall ensure that all'dead=end"06blicstreets shall have a cul-de- sac constructed in accordance with CIN engineering;standards. 42.A separate detailed, landscape plan shall tie,submitted overlaid on the proposed grading and utility plan:, The financial guarantee for such plan shall be included in the Development Contracfand'shall,not be'released until two years after the date of City certifed'compliance 43.If.any improvements••aie to be istailed under a City contract, the appropriate project must'be,approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the,affected agency prior to final plat approval. 45.A more detailed landscape plan will be required at the time of Final Planned Development for`each lottbuilding. Landscaping shall be in addition to required mitigation. Each Final Landscape Plan shall include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. Chair Hansen commented that the proposal has a significant number of conditions. A vote was taken. All voted in favor. Motion carried: 7-0. X00 Lone Oak Business Campus Conditions 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, -and planting specifications and notes, automatic irrigation and signature of certified landscape architect. 23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping. mitigation. 42. grading and efility plan. The financial guarantee for landscaping saes shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. Edited Nov. 3, 2006 107 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2006 APPLICANT: Lone Oak Business Campus PROPERTY OWNER: Lone Oak Development, LLC REQUEST: Preliminary Planned Development CASE: 01 -PD -04-08-06 HEARING DATE: October 24, 2006 APPLICATION DATE: October 17, 2006 PREPARED BY: Pamela Dudziak LOCATION: North of Ione Oak Road west of Inver Grove Heights COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Lone Oak Development, LLC is requesting approval of a Preliminary Planned Development to create an office commercial development upon approximately 85 acres located north of Lone Oak Road and west of the Inver Grove Heights border in the SE %4 of Section 1. AUTHORITY FOR REVIEW Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 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. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. /(JV Planning Report — Lone Oak Business Campus October 17, 2006 Page 2 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNWE ISTORY -- —The site consists of several unplatted parcels. - - - In 2004, subsequent to a Comprehensive Guide Plan Amendment proposal for this property, the City Attorney and staff reviewed the zoning and Comprehensive Guide Plan history of the subject site and found that the site had a zoning of R-1, Single Family with the 1964 subdivision known as Delaware Estates. The property retained the R-1 zoning until Cray Research acquired and rezoned it to Planned Development in the early 1990's. Since the City's first Comprehensive Guide Plan in 1974, the property has been guided for retail, office, office/showroom and research and development. EXISTING CONDITIONS The site consists of several unplatted parcels, scattered wooded areas, many wetlands and one shoreland waterbody on the north end of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the sub'ect m e EVALUATION OF REQUEST Description of Proposal – The applicant is proposing a commercial office development consisting of seven buildings on approximately 85 acres. The development site contains numerous wetlands, and a shoreland protected lake on the northern end. The proposal incorporates a public street extending north from Lone Oak Road through the site. Private streets Id? Existing Use Zoning Land Use Designation North Single -Family home PD, Planned Development SA-O/S, Special Area – Office/Service South Single-family homes/ PD, Planned Development SA-O/S, Special Area – Gift of Mary site, Office/Service approved but not yet developed East Vacant/Single-family Agricultural Low Density Residential (Inver Grove Heights) (up to 6 units per acre) closest structure to Eagan border* –750' West Ecolab PD, Planned Development SA-O/S, Special Area – Office/Service EVALUATION OF REQUEST Description of Proposal – The applicant is proposing a commercial office development consisting of seven buildings on approximately 85 acres. The development site contains numerous wetlands, and a shoreland protected lake on the northern end. The proposal incorporates a public street extending north from Lone Oak Road through the site. Private streets Id? Planning Report— Lone Oak Business Campus October 17, 2006 and service drives provide access to each of the proposed buildings. Two of the buildings are proposed to be five stories, the other Ave buildings are proposed as one- story. The two multi -story buildings are situated in the central portion of the site, south of the lake. All parking is proposed to be in surface lots initially. The applicant's narrative states structured parking will be provided if necessary for the two five -story buildings, Buildings 6 and Lot lines are shown on the site plan although a request for preliminary subdivision has not been submitted to date. The application request is for Preliminary Planned Development approval, subdivision of the land is expected in the future. Compatibility with Surrounding Area — The proposed office and office/warehouse uses are compatible with surrounding development in Eagan, which has a zoning or comprehensive guide plan land use designation of SA-Office/Service or Office/Service. The adjacent property to the east in Inver Grove Heights is largely undeveloped, with a couplp.single-family homes. The IGH property is zoned Agricultural and has a land use designation of Low Density Residential (6. units/acre) Airport Noise. Compatibility — 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 current noise policy contours place this site within the buffer zone of Noise Zone 4. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines, office and warehouse uses are considered compatible in this zone. Environmental Assessment Worksheet — The scale of this development proposal required preparation of a mandatory EAW. The EAW was submitted with the application. The public comment period for the EAW expired on October 11, 2006. The City received comments from Dakota County, the Metropolitan Council, the Minnesota Department of Transportation, the Minnesota Pollution Control Agency, and the Minnesota Department of Natural Resources. The EAW was brought before the City Council on October 17, 2006, and the City Council made a negative declaration regarding the need for an Environmental Impact Statement. Dens i — This proposal consists of 676,000 sq. ft. of commercial office and warehouse space on approximately 85 acres. Because of the lake on the northern portion of the site, development is concentrated on the southern two-thirds of the site. Lots - A subdivision application was not submitted, however, a preliminary plat drawing was included that shows future anticipated lots. The plat drawing shows lots that conform in size and dimensions to the Research and Development zoning standards. /10 Planning Report — Lone Oak Business Campus October 17, 2006 Proposed Lots 1 and 2, Block 1 (Buildings 7 and 5) do not have public street frontage. The City Code prohibits landlocked parcels or parcels that are served only by private easements. However, for the purposes of establishing separate taxable parcels within a commercial complex, the City may.permit landlocked parcels provided the parcels "have access to a public street by an easement over another parcel with the same ... complex. This matter will be reviewed more closely at the time of subdivision. Shoreland Zoning Standards — The site lies within the shoreland overlay district of Shanahan Lake, a general development State DNR waterbody The lake and surrounding wetlands occupy approximately the northern 1/3 of the site. The shoreland overlay zone extends over approximately the northern 3/4 of the site. The subject site is zoned Planned Development. The Shoreland Ordinance is applied as an overlay in conjunction with the base zoning of the property. The purpose and intent of the shoreland ordinance is "to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands and provide for effective and efficient use of waters and related land resources." The shoreland zone extends 1,000 feet from the Ordinary High Water Level of the protected lake. In addition to standard zoning requirements, the shoreland zoning contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height: The following dimensional standards apply in the shoreland overlay zone. For comparison purposes, typical RD, Research and Development, zoning standards are also identified. Structure setbacks from the lake for Buildings 6 and 7 are proposed to be a minimum of 100 feet, which exceeds the required 50 -foot minimum. While the lot sizes and dimensions will be reviewed more closely at the time of subdivision, it appears that the minimum lot requirements within the shoreland district can be satisfied. The two five -story buildings will exceed the 35' maximum building height established in the shoreland ordinance. Building height can be Lot Size Lot Width Width at Shoreline Setbacks Building Height Lot Coverage RD 40 acres 300' N/A Front: 30' 45' 20% bldg. Zoning (minimum Side: coverage; Standards contiguous 10' house 25% min. RD district) 5' garage green space Rear: 15' Shoreland Avg. Size 100' 100' 50' bldg. Four 25% Riparian Riparian: from Stories; impervious NouRiparian 40,000 s.f. OHWL* >35' surface for eac Nonriparian requires lot and within 20,000 s.f. CUP each tier Structure setbacks from the lake for Buildings 6 and 7 are proposed to be a minimum of 100 feet, which exceeds the required 50 -foot minimum. While the lot sizes and dimensions will be reviewed more closely at the time of subdivision, it appears that the minimum lot requirements within the shoreland district can be satisfied. The two five -story buildings will exceed the 35' maximum building height established in the shoreland ordinance. Building height can be Planning Report — Lone Oak Business Campus October 17, 2006 Page 5 increased with a conditional use permit, or through the Planned Development approval in lieu of a conditional use permit. Shoreland zoning requires at least 50% of the project area to be preserved as open space, and at least 50% of the Shore Impact Zone shall be preserved in its natural state. The Shore Impact Zone for this lake extends 25 feet from the OHWL. Open space shall include areas with physical characteristics unsuitable for development in their natural state. This development proposes most of the Shore Impact Zone preserved in open space and in its natural state, and 48% of the project site within the shoreland district is proposed to be open space. A total of 52% impervious coverage is proposed within the shoreland district portion of the site. Within the first 200 -foot tier around the lake, both north and south of the lake, only 4% impervious coverage is proposed. The shoreland ordinance allows for impervious coverage to exceed 25% with a conditional use permit, or as part of a Planned Development in lieu of a conditional use permit, provided "the City has approved and implemented a community -wide stormwater management plan ... and required the necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body." As discussed in the Water Quality section later in this report, these requirements appear to be satisfied. Staff has consulted with the Minnesota DNR regarding the shoreland zoning. The DNR has expressed concern with regard to the impervious coverage exceeding 25%, but acknowledges the stormwater management and water quality treatment facilities proposed with this development to mitigate those impacts. Building setbacks from the lake are double the minimum required, which is acceptable to the DNR. The building height, however, exceeds the 35' maximum. The increase in building height for Buildings 6 and 7 is not consistent with the DNR's standards. Bulk Standards — While the City Code does not specify bulk standards for the PD zoning district, the RD standards are applicable for comparative purposes. The RD zoning district requires the following. Building Setbacks — Minimum building setbacks in the RD district are: Front yard = 40 feet from local streets 50 feet from Lone Oak Road Side yard = 20 feet Rear yard = 20 feet Parking Setbacks - Minimum setbacks for parking are 20 feet from a public right-of-way, and 5 feet from side and rear lot lines. Parking lots for Buildings 2, 3; 4 and 6 are set back only 10 feet from the proposed new north/south street. The 20 foot parking setback from Lone Oak Road appears to be satisfied. Compliance with the required 5 foot minimum setback will be determined at the time of Final PD application for each building. A minimum 20 foot setback is also required adjacent to properties residential zoning districts, or property guided for residential use. The property in Inver Grove Heights is guided for /A Planning Report — Lone Oak Business Campus October 17, 2006 Page 6 residential use. Parking lots for Buildings 5 and 7 meet the 5 foot side yard setback on the east side of the site, but the 20 foot setback from property guided for residential use is not satisfied. The proposed reduced parking setbacks limit the ability to provide berming and landscape screening of parking. In addition, reduced parking stall depth (discussed later in this report) for single -loaded parking stalls relies on the ability of vehicle bumpers to extend beyond the curb. With reduced parking setbacks, the bumper overhangs can interfere with or damage landscape materials. While reduced setbacks can be accommodated through the Planned Development, for the above reasons, staff believes the parking setbacks should be provided in accordance with City Code. Building Coverage — While building coverage is typically calculated on a lot by lot basis, the proposed Preliminary Planned Development precedes the subdivision. For this reason, we are unable to evaluate individual lot coverage. With the large amount of open space provided in the northern part of the site, and development occupying the southern portion of the site, the Planned Development proposes building coverage be considered for the entire site., With future subdivision, individual lots may exceed the 20% coverage limit. Overall building coverage for the entire site is 396,000 sq. ft.. Green Space — As with building coverage, green space is typically calculated on a lot by lot basis. However, for the same reasons as building coverage, green space is calculated for the overall site. The RD zoning district requires a minimum of 25% green space for each lot. Shoreland zoning requires that at least 50% of the project site be preserved in open space, and limits impervious surface to 25% for each lot. Since the shoreland zoning standard is more stringent than the typical RD zoning standard, the shoreland zoning standard applies to those areas within the shoreland overlay district. The 25% impervious maximum may be increased with a Conditional Use Permit, or through the Planned Development approval in lieu of a Conditional Use Permit, if the City has an approved an implemented community -wide stormwater management plan in place, and necessary water quality mitigation features to meet non -degradation standards for phosphorous for the nearest downstream recreational water body identified in the Eagan Water Quality Management Plan are required. This development proposes 48% green space within the shoreland district (excluding the area below the OHWL of the lake). Through the Planned Development, green space is proposed to be provided for the entire site rather than on a lot by lot basis. In the areas of the site outside the shoreland district, the minimum 25% green space would typically apply. Through the Planned Development, green space on individual lots may be less than 25% provided the entire development maintains at least a 25% minimum. .Building Height — The RD zoning district allows a maximum structure height of 45 feet. Building height is measured to the mean roof level of a pitched or hip roof, and to the highest 10 Planning Report — Lone Oak Business Campus October 17, 2006 Page 7 point of a flat or mansard roof. Although we have no specific architectural plans at this time, the one-story buildings in this development (Buildings 1 - 5) are anticipated to be less than the maximum 35 foot height required by shoreland zoning. The two five -story buildings (Buildings 6 and 7) will exceed the 35 -foot maximum building height for shoreland zoning. These two buildings are also placed closest to the lake, whereas the shoreland zoning would require taller more imposing buildings to be set back further from the lake. At 100', Buildings 6 and 7 are set back double the minimum required structure setback. Building heights in excess of 35 feet can be approved through the Planned Development, and such approval is requested.for Buildings 6 and 7 at this time. The acceptability of this deviation is a policy matter to be determined by City officials. Trash Enclosures — The zoning ordinance requires trash enclosures to be provided where trash storage does not occur within the principal building. In commercial developments, such enclosures must be attached to the principal structure and be constructed of materials to match the principal structure with gates or doors having at least 90% opacity. Mechanical Equipment — All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. Proposed Use — The RD zoning district permits uses such as offices, research and development laboratories, and light manufacturing with negligible smoke, dust, odor fumes or noise when conducted in conjunction with other agricultural or other research and development laboratories. The proposed development shows primarily office uses, with some warehouse space in Buildings 1-5. The proposed allocation of uses in sq. ft. is summarized below: Office Warehouse Total Building 1 46,000 5,000 51,000 Building 2 40,000 4,000 44,000 Building 3 83,000 9,000 92,000 Building 4 95,000 10,000 105,000 Building 5 30,000 4,000 34,000 Building 6 175,000 0 175,000 Building 7 175,000 0 175,000 Grading/ Topog_raphv — The site is lightly to heavily wooded and has rolling topography and numerous wetland areas. A majority of the southern portion of the site will be disturbed in preparation for the proposed buildings and parking lots. The preliminary grading plan shows a street grade slope on the proposed public street in excess of the City code maximum of 6% for a collector roadway. This plan should be revised to reflect street grades below 6% on the collector roadway. All erosion/ sediment control plans submitted for development and grading pen -nits 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 Planning Report — Lone Oak Business Campus October 17, 2006 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. I 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. A majority of the development will drain to the existing pond/ wetland complexes along the northern and eastern portions of the site (Ponds FP -8 and FP -9). The proposed development's storm water management system is designed to maintain existing storm runoff volumes and high water levels in the wetlands. The City's Storm Water Management Plan (December 2005) identifies future pipe outlets for both Ponds FP -8 and FP -9. Public improvement projects providing for these pipe outlets, in accordance with the Storm Water Management Plan, should be approved by the City Council prior to final subdivision approval for this development. Drainage & utility easements should be provided on all ponding areas to three feet (vertical) above the calculated 100 -year event high water level. Utilities — The preliminary utility plan is acceptable with modifications. Sanitary sewer and water main lines of sufficient size, depth, and capacity are available along the western edge of the site to serve the proposed development. The City Water Supply & Distribution Plan identifies the need for a 12 -inch diameter trunk water main along Lone Oak Road (from Lone Oak Drive to the proposed public street) to provide adequate flows and pressures for this development and future development of the area. -The developer has the option of installing this 12 -inch privately at their own expense, or petitioning for this improvement as a public improvement project. If it is petitioned, the public improvement project providing for this trunk water main extension should be approved by the City Council prior to final subdivision approval for d development. Streets/ Access/ Circulation — Public street access is proposed via public collector roadway to be constructed north -south through the development. This public street will intersect with Lone Oak Road (County Road 26) to the south, and is planned to intersect with O'Neill Drive to the north with future extension and development as part of the overall roadway network in the northeast Eagan area. The location of the public street's intersection with Lone Oak Road is under review by the Dakota County Transportation Department as part of access management along Lone Oak Road in both Eagan and Inver Grove Heights. The developer also proposes private street driveway access to Lone Oak Road in three other locations. Dakota County has indicated that three private, accesses do not meet their access spacing guidelines. These accesses will likely not be allowed unless they meet the spacing guidelines (1/8 mile from a full access) and only when Lone Oak Road is reconstructe& to a four -lane roadway with a divided median to restrict the access to right -in/ right -out turning movements only. The reconstruction of Ione Oak Road is not scheduled on Dakota County's Capital Improvement Plan within the next five years, I1� Planning Report — Lone Oak Business Campus October 17, 2006 Page 9 and, therefore, the private accesses will not available in the near future. The internal roadway/ service drive system should be modified to reflect this restriction of access to Lone Oak Road. A traffic study was completed by the City's. consultant, SRF Consulting, to evaluate the Lone Oak Business Campus and other nearby development proposal impacts to key intersections in the northeast Eagan area. The study indicates that all intersections are expected to operate at acceptable levels of service in 2007 assuming that additional westbound and eastbound through lanes are constructed on Highway 55 (from Highway 149 North and Highway 149 South), and that an additional left -turn lane is constructed on Highway 55 at Lone Oak Road. This study, along with the Northeast Eagan Area Wide Traffic Study (May, 2005) also evaluated the various transportation related impacts and the associated improvements necessary due to continued traffic growth and development in northeast Eagan. With previous development in the area, specifically the Grand Oak subdivision, the City Council approved a condition obligating developers to contribute financially to fund these future roadway improvements, based on the projected increase of traffic generated from those developments. At time of City subdivision approvals, this development should accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the study. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements and any unused amount will be returned to the payers within ten years of full development of the properties within the study area. Pedestrian access is provided with six-foot wide sidewalk and eight -foot wide trail along the public street within the development. Easements/ Permits/ Ri t -of -Way — The developer should provide temporary public easement over the temporary cul-de-sac at the north end of the proposed street. The developer should obtain all necessary permits from Dakota County for any work within the Lone Oak Road right-of-way. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. Financial Obligation — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: 11� Planning Report — Lone Oak Business Campus October 17, 2006 Nee 10 Improvement Use I Rate I QuanflyAmount Storm Sewer Trunk C/I ISO.1591sf 971,388 sf $154,450 Water Trunk C/I 1 $2,430/ ac 55 ac $133,650 Total $28S,I U0 Water Quality — This proposed 85 -acre development, located in the northeast comer of the City, includes portions of two recreational class waterbodies (Class IV - Wildlife Habitat), according to the City's current water quality management plan (WQMP). Both are also state public waters: Shanahan Lake (DNR# 19-0054P), which is within a City Shoreland Overlay District, and Unnamed Wetland (DNR# 19-0256W). As part of the ongoing process to update Eagan's WQMP in early 2007, ecological assessments of the two public waters were conducted in Fall 2005 using standard (Minnesota Routine Assessment Method) approaches. The assessments indicate both waterbodies have high ecological quality, primarily because they are not connected to the City's stormwater drainage system. Water quality data collected in 2005 by City staff also indicate Shanahan Lake has very good water quality, nearly similar to Heine Pond for phosphorus and nearly similar to Fish Lake for water clarity. Heine Pond has the City's lowest phosphorus levels and Fish Lake is among the best for clarity. The 2005 phosphorus level in Shanahan Lake is lower than that measured in 1983. For over 16 years, the City has required new developments to address increased phosphorus runoff with the goal of maintaining the integrity of downstream recreational waterbodies. Typically, stormwater ponds have been required with an assumed minimum phosphorus retention standard of 70 percent. In addition to providing proper ponding, new developments are also required to provide mitigative measures if the development results in an increase in the phosphorus concentration of downstream recreational waterbodies. Such measures shall include but not be limited to: reducing impervious area, constructing additional treatment ponds, treating stormwater discharge through other means, or contributing cash in lieu for mitigation as determined by the City. Preliminary analysis by City staff of modeled runoff from this proposed development when using traditional treatment ponds suggested Shanahan Lake water quality would degrade significantly because of a two -fold increase in both phosphorus load and runoff volume, as compared to existing, pre -development conditions. In direct response to this issue, the developer proposes to achieve up to 96% reduction in the post - development phosphorus loads by modifying the outlet structures of the treatment ponds. These modifications would dramatically increase storage times in the ponds, allowing retention of up to 5 - year storms and infiltration through side slopes of the ponds. In the final plans, the developer also proposes to incorporate vegetated buffer strips, rain gardens, infiltration basins, or other low -impact Best Management Practices as needed to reduce phosphorus load and runoff volume bather. 117 Planning Report — Lone Oak Business Campus October 17, 2006 Nee I1 The proposed treatment ponds are associated with only a portion of the runoff not the entire site. The amount of land area that drains stormwater off-site without treatment is subject to a water quality cash dedication payable at the time of final plat or building permit, whichever occurs first. Wetland Delineations — The wetland delineation report for the project site (McCombs Frank Roos Associates, lnc.; MFRA# 1605 1) identifies the two abovementioned public waters and ten other wetlands. The developer's consultant evaluated the boundaries and characteristics of the wetlands using widely accepted methods. Any proposals to impact the bed of the public waters are subject to the Public Waters Work Permit Program, under jurisdiction of the Minnesota DNR. Any proposals to impact the ten other wetlands by draining, filling, or excavating are subject to Minnesota Wetland Conservation Act Rules (WCA Rules) (Minn. Rules Ch. 8420), under -jurisdiction of the City of Eagan. Wetland Ecological Assessments — Preliminary wetland management classifications being developed in the WQMP update process indicate the two public waters wetlands would receive the highest level of protection. Approaches for this management classification may include: 1) avoidance of any impacts without demonstration of significant public benefit; 2) minimum natural vegetation buffer widths of 50 feet and average buffer widths of 75 feet; 3) 25 -foot no -grade zone around wetlands; and 4) 25 -foot stracture setback from outer buffer edge. The other 10 wetlands would be protected according to WCA Rules: The developer is proposing an average setback of 75 feet to structures and an average buffer of 30 feet to grading limits for Unnamed Wetland. These distances are exceeded around Shanahan Lake. Wetland Replacement Plan — The developer proposes 1.14 acres (49,148 square feet) of fill impacts to seven of the ten wetlands. The plan proposes to replace these impacts by creating 52,860 square feet of new wetland and by claiming 123,385 square feet of public value credit for construction of stormwater treatment ponds and establishing wetland buffers. The proposed amounts of on-site replacement exceed the minimum 2:1 standards of the WCA rules. Effective September 8, 2006, the City determined the developer's wetland replacement application was complete. The City has not called for a review by its Wetland Technical Evaluation Panel. A decision on the wetland replacement application is scheduled for November 9, 2006, Tree Preservation — A tree inventory submitted with this application indicates that there are twenty-one (2 1) significant trees and 977,393 square feet (22.4 acres) of significant woodlands in the inventory. The significant woodlands on this site are comprised mostly of softwood deciduous trees such as elm, boxelder, and cottonwood trees, along with scattered areas of conifer trees and some areas of hardwood deciduous (oak) trees. According to the conceptual Tree Preservation Plan submitted, the development as proposed will result in the removal of eighteen (18) of the twenty-one (2 1) significant trees (86 % of the total), and in the removal of 501,254 square feet of the significant woodlands, (51% of the total). Planning Report — Lone Oak Business Campus October 17, 2006 Page 12 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 and significant woodlands. Required tree mitigation calculates to one -hundred seventy-eight (178) Category B trees. The applicant has not submitted a Tree Mitigation Plan. Landscaping — The City landscape ordinance requires that tree mitigation be provided in addition to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the landscape ordinance standards, absent any mitigation plantings. A Conceptual Landscape Plan has been provided, but lacks sufficient detail to determine compliance with the City's landscape ordinance. Also, the Tree Mitigation Plan has not been submitted, and that must be satisfied before determining landscape compliance. The conceptual landscape plan identifies in general overstory, ornamental, and evergreen trees; shrub massings and prairie grasses and wildflowers. For this scale of conceptual plan, foundation plantings were omitted. Overstory trees are shown along the new north -south public street, along the private access drives and'in parking lot islands. Shrub massings are located near ponding areas. A more detailed landscape plan will be required at the time of Final Planned Development for each lot/building. Landscaping should be in addition to required mitigation. Each Final Landscape Plan should include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. Parks — The North East area of the City has been designated for commercial development and is being planned and developed accordingly. Several other large scale corporate developments such as the "Waters" business park are already in existence. Because of the area designation, and subsequent lack of existing or future residential elements, the current park systems plan does not identify a need for park land in the Northeast area. The closest existing residential developments are located to the south, separated from the development site by State Highway 55, and are contained within the service area of Bur Oaks Park. Bur Oaks Park is one of the larger neighborhood parks in the City system. For these reasons, it may be appropriate to consider that the park dedication requirements for the Development be satisfied through a cash dedication. Currently, the cash dedication for the Development would be calculated by applying the appropriate Commercial rate, as specified in the existing Park Dedication fee schedule, to the area of `buildable land" calculated from the final approved site plan. In very general terms, the definition for `buildable" includes that area of a site outside of wetlands, having slopes less than a predetermined grade, minus those areas of the development that are, or will be, covered by easements. An alternative method, which would utilize a formula based upon the size of the building to determine the amount of dedication for commercial/industrial developments, is currently being evaluated. //I Planning Report — Lone Oak Business Campus October 17, 2006 Page 13 Should this project area be developed in phases, consistent with the overall plan, the dedication amount would be calculated on a lot by lot basis at the time the building permits are applied for, versus a single phase development for which a single dedication would be collected. The method of calculating the dedication would be determined by the method applicable at the time of application. Trails — The Development proposes, in concept, a number of trails and sidewalks, some of which are designated as "future." In general, credit towards a cash trails dedication is considered on a lineal foot basis only for those trails that have "public benefit," are built to City specifications, and/or are requested specifically by the City. Trails and sidewalks considered to be primarily internal to a site with minimal potential for connectivity to the City system or of low recreational value are not considered for credit. The Development will be seeking credit fora number of trails that it considers to be of "tremendous benefit to the business employees and area residents." An internal link to the existing City trail system on Lone Oak Road is proposed. In addition, the site does abut an area of Inver Grove Heights that may be developed as residential and will be connected to Eagan via a new road corridor, though the bene0ts to Eagan are difficult to evaluate at this time. Because of the connectivity that sections of the internal and external trails could provide, and the apparent public purpose and consistency with the Eagan Transportation plan, it may eventually be appropriate to consider a credit towards the cash trails dedication of the Development. Other "future trails" as currently depicted, lack definition. Any future credit will be determined through discussions with City staff as details emerge. As with Park Dedication, should the development be built in phases, consistent with this concept plan, the amount of credit and subsequent dedication amount would be calculated on a lot by lot basis. Building Architecture/Elevations — The submittal included architectural samples to illustrate the style and materials the developer intends to utilize in this development. Without specific building plans in the Preliminary Planned Development, this development will be subject to the City's architectural standards ordinance for Research and Development zoning. Compliance with ordinance requirements will be determined at the time of Final Planned Development for each building. Signage — One entry monument sign is shown at Lone Oak Road east of the proposed new north —south street through the site. The development should be subject to the provisions in the City's Sign Code. The City Sign Code allows one monument sign for each building. The sign cannot exceed 7 feet in height, with a sign message area not exceeding 4 -feet in height. To create uniformity throughout the Planned Development, all monument signs should be consistent in design and size, and be constructed of the same materials. Parking — Number of Stalls — The Site Plan provides for internal site circulation between parking lots. The required minimum amount of parking should be provided for each building. The /av Planning Report — Lone Oak Business Campus October 17, 2006 Paae 14 parking calculations were evaluated based on the anticipated future lot lines, and the office/warehouse split provided in the proposal. City Code requires one parking stall for every 150 sq. ft. of net leaseable office space. For warehouses space, the minimum is one stall for the first 6,000 sq. ft. plus one stall for every 1,000 sq. ft. above 6,000 sq. ft. Applying these standards to the development plan, Buildings 2-5 satisfy the minimum requirements, Buildings 1, 6 and 7, do not. Proposed Parking Required Parking Building 1 258 Building 2 223 Building 3 461 Building 4 526 Building 5 178 Building 6 933 Building 7 933 Proposed Parking Difference 253 - 8 229 + 6 465 + 4 615 +89 214 +36 669 -264 841 - 92 The difference between the parking required and parking provided for Buildings 1, 2, and 3, are in the single digits. With the scale of this development, these differences are unlikely to impact the functioning of the site. However, Buildings 4 and 5 have a substantial excess of parking (89 and 36 stalls) and Buildings 6 and 7, have significant shortfalls of parking (264 and 92 stalls), even taking into consideration the underground parking provided for these two buildings. The applicant's narrative addresses the parking shortage for Buildings 6 and 7, indicating "based upon past experience and tenant requirements, that one (1) space/200 s.f is adequate," as compared to the one stall per 150 s.f. required by City Code. Using the 1/200 ratio proposed by the applicant, Buildings 6 and 7 would require 700 parking stalls each. The narrative further states "If additional spaces are required by an actual tenant that exceeds the number provided we will provide these spaces in structured parking thereby not effecting the total green space." Parking — Dimensional Standards — City Code requires parking stall dimensions of 10' wide by 19' deep. Driving aisles should have a minimum width of 24' for a two-way aisle. The Site Plan shows 9' x 18' .stalls; driving aisles are 24' wide. The proposed parking stall size is a deviation from ordinance standards. The City has approved parking stall widths as narrow as 9 feet in other developments where parking turnover and activity is limited. A reduced parking stall depth has been found to be acceptable only for single -loaded stalls, which allow vehicle bumpers to overhang the curb, thereby reducing the depth needed to accommodate vehicles without overhang into the driving aisles. Double -loaded stalls are bumper to bumper, with no overhang. The full 19 -foot depth should be provided on the double loaded parking stalls. In this proposal, all parking stalls, including the double -loaded stalls, are proposed at 18 feet deep. The deviation in parking stall dimensions can be approved as part of a Planned Development however, the -acceptability the reduced parking stall size is a policy matter to be determined by City officials. Site Lighting Plan — A Site Lighting plan was not submitted with this Preliminary Planned Development. The Site lighting plan will be required with the Final Planned Development for /Q' Planning Report— Lone Oak Business Campus October 17, 2006 Paee 15 each building. Lighting fixtures should be consistent throughout the development. Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 foot- candles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average -to -minimum uniformity ratio not greater than 4:1. Site fighting will be reviewed for compliance with these standards at the time of Final Planned Development for each building. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Planned Development to create an office development upon approximately 85 acres located north of Lone Oak Road and west of the Inver Grove Heights border. The development site contains several wetlands and a shoreland protected lake as well as scattered wooded areas. The development proposal consists of seven buildings with 674,000 sq. ft. of commercial office and warehouse space. The scale of the proposal required submittal of a mandatory Environmental Assessment Worksheet (EAW). The EAW was submitted with this proposal and the City Council made a negative declaration on the need for an Environmental Impact Statement on October 17, 2006. Application for wetland replacement plan approval has been made and is pending. Approval of the wetland replacement plan must occur before approval of the Preliminary Planned Development. The development site will need to be subdivided and platted, and a Final Planned Development will be required for each building. Shoreland zoning applies to approximately % of the site. The shoreland zoning standards are applied in conjunction with the base land use zoning for the property and contains provisions regarding density, vegetation removal, open space, setbacks, and impervious surface coverage and building height. Through the Planned Development, flexibility in typical zoning standards can be accommodated to encourage creative site design, efficient use of the land, and preservation and enhancement of desirable site characteristics and natural features, This Preliminary Planned Development provides site design and infrastructure plans for the entire 85 -acre site. More detailed plans for landscaping, tree mitigation, site lighting and building architecture and elevations will be required for the Final Planned Development approval for each building. The Preliminary Planned Development proposes the following deviations to typical ordinance standards: green space and building coverage for the entire site rather than individually for each lot or building, two five -story buildings likely exceeding the 35 -foot height limit of the shoreland district, impervious coverage area exceeding 256/o in the shoreland overlay district, parking setbacks less than 20' from the public right-of-way and adjacent property, reduced parking stall size and a reduced number of parking stalls. The acceptability of these deviations is a policy matter to be determined by City officials. lad Planning Report — Lone Oak Business Campus October 17, 2006 Paae 16 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Planned Development to create an office commercial development upon approximately 85 acres located north of Ione Oak Road and west of the Inver Grove Heights border in the SE'/a of Section 1. If approved, the following conditions shall apply: The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 68% green space shall be provided for the overall development. 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 19 feet in depth. 8. If additional parking, spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such -that- the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed five stories and 35 feet in height. 143 Planning Report — Lone Oak Business Campus October 17, 2006 Paae 17 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule and planting specifications and notes. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consisted throughout the development Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply with the City's architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13: Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect.) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit maybe granted, upon staff review, for on-site trails determm�ed of provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site. 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5 -year storms and infiltration through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in the post - development phosphorous loads. Vegetated buffer strips, rain gardens, infiltration basins, and other low -impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. ION Planning Report — Lone Oak Business Campus October 17, 2006 Pape 18 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development. 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. 23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. 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. 27. 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. 28. Public improvement projects providing for pipe outlets for Ponds FP -8 and FP -9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. /a,g� Planning Report — Lone Oak Business Campus October 17, 2006 Page 19 31. The internal roadway/ service drive system of the site plan should be modified to reflect restriction of access to Ione Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. 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. 34. 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. 35. 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the City Attorney). 38. 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. 39. 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. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. Planning Report — Lone Oak Business Campus October 17, 2006 Palle 20 42. 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 two years after the date of City certified compliance. 43. 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. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 45. A more detailed landscape plan will be required at the time of Final Planned Development for each lot/building. Landscaping should be in addition to required mitigation. Each Final Landscape Plan should include a planting schedule, planting specifications and notes, automatic irrigation, and be signed by a certified landscape architect. W Eagan Boundary rught�or,aay Location Map E° park Area andiding Footprint v MENDOTA HEIGHTS Q O W W O O ® e , Subject Site b b � . o one o n R��Kegy •�• . - b o� 4�pe� nth ® e Egg 1000 0 1000 2000 Feet Development/Developer. Lone Oak Business Campus Application: Preliminary Planned Development Case No.: 01 -PD -0408-06 �i;{,. B8Q8Il ttepptepasd udM FA31 MNYw it Pe1N bene mW deo praddetl by Odmle Coait'gOw W GlBeitl n asranto otApN xn FOR REFERENCE YEE ONLY N W E -"J of The City of Eagan THIS MAP IB INTENDED and Dakota Coup ds not guarantee the aeeumey of this hdonnation and aro S Geunmlty Oevelopmem se"nene t not responsible for errem or emission& Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development m a aw aoP Pw+ Lone Oak Business Campus Prelim. Planned Development 01 -PD -0408-06 Comprehensive Guide Plan Land Use Map SA ( \ 2 SA ISA l / to-waldenaal r Subject Area Current Land Use Designation: SA Special Area ase s we +ass aw+ Comprehensive Guide Plan Land Use Map SA ( \ 2 SA ISA l / to-waldenaal Subject Area Current Land Use Designation: SA Special Area ase s we +ass aw+ P.M." 0r C..ft a. ze n.w�o.awsxoos. N {j}p� /�� z.Nro aan..nvP wNWwJ hmb can Qj Ealap / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 5 The CRY of Eauen and Dakota Coanty do not guaranbe the aee ay of this Information. S : Eiy lA . �•.. l". lA � 7t gipp�{{ Cj i t � •� i is r` •lit 9 @ :. , � ,r '.�,.; ,. , .. "°" _ `". liiiAv oilyr�!'': i ,y., • ` ,�� :�.'..`:. ,'„ i i ®.tee,,,. 1 i /, ''�` : � ..�..� .ala•. ..: �.::.. i 111,' ..'�'. !.. �_=. t" �.v)l!• ';'I ; ( %'^i.,.' .. �t. :. _:__.' . .. MVV+ti�,� ` '' ^�.:, _.. .% •'� �@@rtflll@8€8!8$64@@@@@ ,_: r'-' `, \ ,,.-f :. E 9 V ': � .. �„„gNgk,y,•„q,q,li„ — a ' • � 99§I � see a efl e illi ' [lulll ..�: 11 jai . ;,�': , ,i ''4,•?���: 6 to a � a-. � �llfltttlll � f I EXISTING CONDITIONS/TREE INVENTORY j[ rip, 00” LONE OAK 'zcBUSINESS CAMPUS :�FAGAN, MNwKm 130 GIFT OF MARY r- - - - - p AUD. SUB. NO. 38 5 C &KH- NO. 28 (LONE OAK RD =":«=51'i: --#= - - - , - - I11; PRELIM. PLAT LONE OAK BUSINESS CAMPUS EAGAN, MN Lf 131 GRADING PLAN i ( me LONE OAK A� i=0m BUSINESS CAMPUS Ill Edi^0= FAGAN,MN a!f 0Km s l3� s j'(�f'���IIf'' • a �(�f alai Na GRADING PLAN i ( me LONE OAK A� i=0m BUSINESS CAMPUS Ill Edi^0= FAGAN,MN a!f 0Km s l3� l 133 STREET & UTILITY PLAN _� r_ IOIE AK i "Jill r BU INEGSN� CAMPUS 7 %O Lk lip uo, SITE PLAN LONE OAK BUSINESS CAMPUS nw- EACIM, MN I? 13s- oil TIERING PLAN (SHOhELAND) ol 13P I ca LANDSCAPE PLAN LONE OAK BUSINESS CAMPUS FAGAN, MN T U S H I E MONTGOMERY ARCHITECTS August 30, 2006 Mike Ridley City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Lone Oak Business Park Dear Mike: At the applicant meeting on Wednesday, August 23, 2006, Staff raised four issues that need clarification. We offer the following responses/clarifications: Parking shortage for five -story office buildings: The proposed site plan shows 2 - five -story buildings with 175,000 s.f. in each building and 1,510 parking spaces. The parking ratio required by ordinance is one (1) space for every 150 s.f. of leaseable office space. The leaseable area for the building is 350,000 x (.80) = 280,000 s.f. By ordinance we would need 1,867 spaces. We feel that based upon past experience and tenant requirements that one (1) space/200 s.f. is adequate which would require 1,400 spaces and we have provided 1,510. It is our understanding that this reduced number of spaces has been allowed on other projects in Eagan, therefore we would not be setting a precedent by asking for this reduction. However, if additional spaces are required by an actual tenant that exceeds the number provided we will provide these spaces in structured parking thereby not effecting the total green space. The balance of the buildings meet your ordinance. 2. Park trails as a portion of the parkdedication fee: We have shown an extensive trail system though -out our development that also provides possible future connections to adjacent properties. An extensive trail system in this area of the City would be of tremendous benefit to the business employees and area residents as well. The proposed trails would connect the natural features of the site and all proposed buildings. Without these trails, public access to this unique natural feature would not be provided. 3. Wetland setbacks: Staff has requested that we provide an average 75' setback to wetlands from buildings and parking and an average 50' to grading limits. We understand that this may be an ordinance in the future but currently is not. The current ordinance requires an average 40' setback to structures and an average 25' to proposed grading. Our plan provides an average of 75' to structures and an average of 30' to grading limits for the southeast wetland. These setbacks are far exceeded for the large northern wetland / lake area. RECEIVED AUG 30 2006 137645 A 7645 Lyndale Avenue South, # 100 Minneapolis , Minnesota 55423 I 612 . 861 . 9636 Fax: 612 . 861 . 9632 www.tmiarchitects.com City of Eagan Lone Oak Business Park August 30, 2006 Page 2 of 2 4. Tree Preservation: The City ordinance requires that 52.5% of all significant trees be preserved on the site (maximum 47.5% removal). Many of the existing trees were planted as part of the original farmstead and subsequently by the previous landowner as a tree nursery and as such are not native original growth vegetation. In addition, the unusual natural features of this site makes it difficult to maintain the desired tree preservation. The natural lake and adjacent wetland areas consume a large portion of the site, and at the same time do not contain many of the existing significant trees. Preserving these wetland areas was a higher priority than actual tree preservation. In addition to preservation of these wetland / lake areas, we exceeded the City requirement for green space. City ordinance requires this development to have 1,817,171 s.f. of green space and we have provided 2,252,806 s.f. This requires that the balance of the site be used for development uses. We have analyzed the tree survey and our proposed site plan and have determined that we can save an additional 188,634 s.f. of forested area by moving the central stormwater pond to between the two office buildings and slightly modifying the grades for the southern and northern stormwater ponds, which can be done at the final development stage submittal. Since we are going to great extremes to preserve and enhance the existing wetland and lake by adding landscape buffers and increasing setbacks, we request that this site be exempt from providing additional mitigation due to tree loss beyond 47.5%. The proposed plan is within 4.5% of the maximum loss allowed by ordinance. This can be summarized as follows: Total Woodland Area 977,393 s.f. Current woodland area proposed to be removed 642,904 s.f. (65.7%) (Proposed Site Plan) Stormwater pond modifications -134.074 s.f.. (reduced removal) to increase woodland preservation Modified Total woodland area proposed to be removed 508,830 s.f. (52%) Allowed tree removal by ordinance 464,261 s.f. (47.5%) If you have any questions regarding this please contact our office. Sincerely, TUSHIE-MONTGOMERY & ASSOCIATES, INC. I • is, i President 11� Agenda Information Memo Eagan City Council Meeting New Business November 9, 2006 D. ACTION TO BE CONSIDERED: To approve a resolution of support for the Cedar Grove Transit/BRT Station Concept Plan. FACTS:' D As part of the redevelopment planning for the Cedar Grove Redevelopment District, the City has pursued transit oriented design approach that will complement and take advantage of the planned Cedar Avenue Bus Rapid Transit route. As part of the planning for that project, the Minnesota Valley Transit Authority has retained TKDA to develop a concept plan for phased implementation of a transit station at the west end of the Cedar Grove Redevelopment Area. At one point in the Cedar Grove Redevelopment Planning process, the City had considered a redevelopment design that would have located a short and medium term park and ride near the east end of the Cedar Grove Area, because it appeared that it would be some time before a future BRT station on the west end could be implemented More recently, it was determined that a phased approach to the west end station could be undertaken that would permit the investments in transit at that location to serve the long term BRT needs as well. D TKDA has worked with MVTA, its Development Committee and City staff to develop a conceptual approach to the project that could serve as a traditional park and ride in the short term and as a transit station for a center running BRT station in the long term, by connecting the parking location to the BRT platforms with a pedestrian bridge. As the City's liaison to MVTA, Counedmember Tilley has participated in these discussions together with staff. Y At its meeting of October 25, 2006, the MVTA Board received a presentation of the concept plan by TKDA and voted to approve the concept as the basis for further discussions with MnDOT on the transfer of excess right of way, the development of phase plans and the ultimate construction of the first phase of the project As part of that action, the Board requested that a presentation be made to the Eagan City Council and that the Council be asked to consider a resolution of support for the project TKDA staff will be present at Thursday's meeting for that purpose. ATTACE[MIENTS: MVTA letter on page mb ➢ Summary of project timeline and preliminary budget on pagestL� i 3 through ➢ TKDA presentation materials enclosed without page number. D Resolution of support on pagejM,�_. 141 Minnesota Valley Transit Authority 100 East Highway 13 • Burnsville, MN 55337 51 Ph. (952) 882-7500 • Fax (952) 882-7600 • E-mail: mvta@mvta.com November 2, 2006 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: At the October 25, 2006 meeting of the Minnesota Valley Transit Authority (MVTA) Board of Directors, we had a presentation by consultant TK -DA regarding the Cedar Grove project. At that meeting, the MVTA accepted the concept presentation. Further, it was suggested that a time be scheduled on an upcoming Eagan City Council agenda to present the status of this project. We understand that this item has been placed on the November 9, 2006 Eagan City Council agenda. Tery Olsen of TKDA has been coordinating the work on this project, and will lead the presentation. After the presentation, the MVTA is requesting a resolution of support from the City Council. A draft of such a resolution is attached. Upon presentation to your Council, information will be forwarded to the full Cedar Group to determine the next steps. We look forward to seeing you next week. Sincere! , Beverle Miller Executive Director c: Meg Tilley Jon Hohenstein - Terry Olsen - Public transportation for Apple Valley, Burnsville, Eagan, Rosemount, and Savage Iqa WTA Board Meeting Status Report October 25, 2006 Cedar Grove Transit Station 1. As a recap, TKDA was originally asked to evaluate 3 different Alternatives. The goal was to provide parking and increase as needed, anticipating 123 parking spaces by year 2010, 156 spaces by year 2020, and 204 spaces by year 2030. These Alternatives were as follows: a. Concept 1A: Investigate two Cedar Grove Park and Rides, East and West, with the east location in the proposed Cedar Grove Gateway Development and the west location to tie to the future center -running BRT. b. Concept 1B: Investigate a Cedar Grove West Park and Ride on Nicols, to tie to the future center -running BRT. c. Concept 2: Investigate a Diffley Road Station initially on the northbound and southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station on an enlarged Diffley Road overpass structure. d. Concept 3: Investigate a Diffley Road Station initially on the northbound and southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station midway between Diffley Road and Highway 13. 2. On 2/22/06 MVTA and TKDA held a technical meeting with representatives from MNDOT, Dakota County, Metropolitan Council, and the City of Eagan. This group concluded the most appropriate solution to serve the Transit -Oriented Development and the other BRT passengers would be Alternative 1B, which became the Selected Alternative. Phase One would be a park and ride serving the neighborhood. Phase Two at this location would link to a center median - running BRT and a circulator bus in this location. 3. At the MVTA Board meeting 4/26/06, TKDA was given authorization to omit the work related to Alternatives 2 and 3 and use that time to further develop Selected Alternative IB, including developing a three-dimensional computer image from Cedar and one from Nicols. 4. On 6/5/06 eight separate examples of possible parking layouts for the Selected Alternative were developed and reviewed by representatives of MVTA, the City of Eagan and TKDA. Parking count, topography along Cedar, setback for possible future MNDOT right-of-way and roadway expansion, roadway alignment with Cedar Grove development, and topography along Nicols were discussed. A "kiss and ride" with sight -lines to the. circulator bus function was added. 5. On 6/20/06 TKDA assisted MVTA at the Cedar Avenue Bus Rapid Transit Open House at the Dakota County Western Services and displayed a preliminary conceptual image selected from several possible images. Consideration for CPTED (Crime Prevention Through Environmental Design) was applied to the design. 6. On 9/28/06 TKDA prepared and presented a preliminary construction cost estimate and a preliminary working schedule based on critical tasks / triggering events to representatives of MVTA, Dakota County, and the City of Eagan. Preliminary budgets for capital expenses as well as on-going operational and maintenance expenses were plotted and discussed. The timing of building the first parking lot after the Circulator Bus station would be built was discussed, with conclusion that to assist with short-term operational costs, current MVTA bus routes could be modified to service the Cedar Grove area prior to construction of the park and ride lot. One critical timing item is that MNDOT needs to put this on their schedule and budget funding for their engineering review of future lane modifications and anticipated exit ramp changes from Cedar northbound to Highway 13, prior to releasing the property to MVTA. 7. Images based on Triggering Events will be displayed at the 10/25/06 MVTA Board meeting. TKDA Status Report Page 1 1q3 October 25, 2006 PROJECT: Minnesota Valley Transit Avenue. Eagan A)Cedar Grove Transit Station LOCATION: Nicola Road and Cedar Avenue, Eagan DRAFT PROJECT NO. 0013621.000 Preliminary. Opinion of Probable Cost -October 25, 2006 Estimate is based on providing minimum 123 parking stalls in Phase 1 2010-2020 (140 actual); Estimate is based on providing minimum 158 parking stalls in Phase 22020-2030 (274 actual); Estimate is based on providing minimum 204 and parking stalls in Phase III beyond 2030 (274 actual) Third level adds 132 stalls for 408 stalls. No demolition costs, business relocation costs, or remediation costs anticipated. Escalation for inflation beyond 2006 not included. ITEM ESTIMATED NO. DESCRIPTION QUI UNIT s�w�.�y� 0 ,g®• JprC1 i(�� , ENGINEERS - ARCHITECTS -PLANIM UNIT TOTAL ESTIMATE PRICE AMOUNT ESTIMATED LAND ACQUISITION COSTS - SEQUENCE 1 1 Sale from MNDOT Land Conveyance Assumed, government entity to government anti 6 Acres $ 1.00 $ 1 2 Engineering report I traffic study for MNDOT 1 each $ 25,000.00 $ 25,000 TOTALSEQUENCEI $ 25,001 SURFACE CIRCULATOR BUS PARKING/LOADING/TURN AROUND - SEQUENCE 2 1 Concrete Paver Drive -Permeable Paving -ez sed granite aggregate 18,388 S.F. $ 16.10 $ 296,018 2 Concrete Curb and Gutter 769 LF. $ 34.02 $ 26,161 3 Concrete Paver Sidewalk - Permeable Paving -colors 4,564 S.F. $ 15.04 $ 68,621 4 Gress in Median 7,710 S.F. $ 0.06 $ 435 5 Grass South of Bus 21,676 S.F. $ 0.08 $ 1,224 6 Interlocking Masonry Reinforced Retaining Walls -2'-8" high average 830 S.F. $ 156.73 $ 130,087 SUBTOTAL $ 522,546 CIRCULATOR BUS STATION AND CANOPY - SEQUENCE 2 1 24'x 48' steel frame sWcturewith brick or a befter material than recast or concrete block 1,152 SF $ 175.47 $ 202,143 2 Roof 1,170 S.F. $ 6.38 $ 7,463 3 Fooling 3 C.Y. $ 669.76 $ 2,143 4 Foundation Well 520 S.F. $ 24.13 $ 12,549 5 Concrete Floor Slab 890 S.F. $ 6.19 $ 5,507 6 Doors (Pairs) - - 4 EA $ 3,892.56 $ 15,570 SUBTOTAL $ 245,375 TOTAL SEQUENCE $ 767,921 EXCAVATION AND GRADING - SEQUENCE 3 1 Excavate and Haul OB Site 3 6-CY du tacks, 4 mile round tri 2,546 C.Y. $ 24.07 $ 61,287 2 Cut and Fill with Onsite Material (200 HP dozer, 300' haul, 4" lift, 4 passes) 15,702 C.Y. $ 19.82 $ If 311,203 SUBTOTAL 372,489 SITE LANDSCAPING - SEQUENCE 3 1 Top Soil ' 2,865 C.Y. $ 37.21 $ 106,603 2 Sod or Erosion Control Blanket with Seed 32 MSF $ 900.48 $ 28,365 3 Seed Grass 75,541 S.F. $ 0.04 $ 3,046 4 ISIvubs Allowance including muldL entrance and visual Interest areas 5D0 Each $ 40.00 $ 20.000 5 Trees Allowance lnd Ing mulch, 30' O.C. along street and highway frontage 500 Each S 500.00 S 250,000 6 Ornamental Metal Fence (8' high, 2" posts, Painted) 1,409 S.F. S 73.66 $ - 103,784 SUBTOTAL S 511,798 STORM WATER RETENTION POND - SEQUENCE 3 1 Excavation and Final Gmdin Cut and FIII with Onsite Material 2,400 C.Y. $ 19.82 $ 47,566 2 Top Soil 435 C.Y. $ 37.21 $ 16,188 3 Plant Materials - Erosion Control Blanket with Aquaflc Grass Seed 2 MSF $ 900.48 $ 1,531 SUBTOTAL $ 65,283 SURFACE PARKING LOT/PICK-UP/DROP OFF/TURN AROUND - SEQUENCE 3 1 lConcrate Curb and Gutter - 664 LF. $ 34.02 $ 22,589 2 Concrete Paver Sidewalk - Permeable Paving - colors 2.848 1 S.F. 1 $ 15.04 $ 42,791 3 As hatt Drivewa - 4" binder course, Y Bituminous Wear Course, Substrate First Lift ate Base 3,041 S.Y. 1 $ 23.77 $ 72,268 4 Asphalt Parking Lot 1,844 S.Y. 1 $ 23.77 $ 39,054 5 Asphalt Drop Off 1,397 S.Y. 1 $ 23.77 $ 33,204 6 Gress in Median 1,571 S.F. 1 $ 0.06 $ 89 7 Grass East of Drop Oft 1,638 S.F. $ 0.06 $ 92 8 Signage ssibility and Directional. Allowance 8 FA $ 101.75 $ 814 9 Paint Striping 19 STALL $ 20.09 $ 382 10 Handicap Symbol 8 EA. $ 104.18 $ 833 SUBTOTAL $ 212,125 LEVEL 1 SURFACE PARKING - SEQUENCE 3 1 Concrete Curb and Gutter 598 LF. $ 34.02 S 20,344 2 Concrete Wali Panels (Length X 41 3,457 S.F. $ 73.35 $ 253,800 3 Concrete Drive Surface 48,058 S.F. $ 37.06 S 1,781,020 4 Signage sslbllity and Directional, Allowance 20FA S 101.75 $ 2,035 5 Paint Striping 14057 $ 20.09 S 2,813 SUBTOTALI I I $ 2,059,912 TOTALSEQUENCE31 I 1 1 S 8,221,507 10/1912006 Page114� MVTA_CG_Cost_R"mmged_For Board PROJECT: Minnesota Valley Transit Authority ( MVTA) Cedar Grove Transit Station LOCATION: Nicola Road and Cedar Avenue, Eagan PROJECT NO. 0013621.000 DRAFT i KDA STAIR AND ELEVATOR CIRCULATION LINK - SEQUENCE 4 1 Electric Passenger, Base Unit 2000 LB, 200 FPM, 4 Stop, Standard Finishes 1 EA.. $ 170,757.28 $ 170,757 SUBTOTAL $ 170,757 PEDESTRIAN SKYWAY OVERPASS AT CEDAR - SEQUENCE 4 1 2 Enclosed Towers with 2 stop elevators to skyways - at Transit Stations & to pariting structure 2 FA $ 202,214.63 $ 564,429 2 Enclosed Pedestrian Skyways over Cedar w/ HVAC (42' between stations and 1 50'to parking structure) 2 AVG $3,135,387.07 $ 6,270,734 SUBTOTAL $ 6,835,163 BRT TRANSIT STATIONS - SEQUENCE 4 1 2 17 x 165' BRT Transit stations, steel structure 3,960 S.F. $ 297.99 $ 1,180,033 SUBTOTAL $ 1,180,033 TOTAL BUILDING AND SITE DESIGN SEQUENCE 4 $ 8,185,854 SECOND LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 5 1 132' x 380' reinforced concrete structure with precast panels Wend helix 58,105 S.F. $ 71.87 $ 4,032,101 TOTALSEQUENCES $ 4;032,101 THIRD LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 6 1 reinforced concrete structure with precast panels 56,105 S.F. $ 71.87 $ 4,032,101 TOTAL FOR BUILDING AND SITE DESIGN - SEQUENCE 6 $ 4,032,101 ANTICIPATED TOTAL 2010 THROUGH 2O30 INCLUDED $ 20,264,585 10Ng/2D08 Paget MVTA_CG Cost Reananged_For Board CITY OF EAGAN RESOLUTION NO. 06 - APPROVING CONCEPT PLAN FOR CEDAR GROVE TRANSIT STATION WHEREAS, Cedar Grove has been identified as a specific location to be served by the Cedar Avenue Bus. Rapid Transit (BRT) line; WHEREAS, a variety of sites werereviewed to determine what would be the best location for a park & ride facility — both now and in the future; WHEREAS, through a series of meetings with City of Eagan staff, the Minnesota Valley Transit Authority (MVTA) staff (who has been leading the study), Dakota County, MnDOT and others, the choices have been narrowed and a phased implementation approach has been suggested as outlined today; NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan approve the concept dated September 28, 2006, for the Cedar Grove Transit Station prepared by TKDA for the Minnesota Valley Transit Authority, which establishes a transit presence in the Cedar Grove area in a phased approach, which will ultimately connect to the Cedar Avenue BRT system. 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 91h day of November, 2006. Maria Petersen, City Clerk 110 Agenda Memo Regular City Council Meeting November 9, 2006 LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE: A. APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION ACTION TO BE To approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. FACTS: • The local Noise Oversight Committee (NOC) representing the cities of Eagan, Bloomington, Richfield, Mendota Heights, Minneapolis, St. Paul, Apple Valley, Lakeville, Burnsville and others met Oct. 18 to draft legislation concerning community representation on the Metropolitan Airports Commission (MAC). • The committee agreed the legislation would add four new seats to the MAC board. A representative from Eagan, Bloomington, Richfield, and Mendota Heights would fill those seats. The determining factor for those seats is the. 65 DNL noise contour which affects those four cities. In addition to noise concerns, key message arguments for the four new seats will focus on economic and other airport impacts. • If approved by the legislature, the mayor of each. city or by a person appointed by each respective city councils would fill the four seats. • Minneapolis and St. Paul already have permanent representation on the board. The other 13 of 15 seats currently on the MAC board of commissioners are appointed by the governor. The proposal would add four seats and not reconfigure the MAC. The proposal includes options. Option #2 would add two seats — one for the two communities north of the river — Bloomington and Richfield, and one for the two communities south of the river — Eagan and Mendota Heights. Option #3 would add one seat for all communities in the affected areas. Under options #2 or #3 city councils would approve community representatives upon recommendation of the city NOC group. • Past attempts to add or change the MAC have failed at the state legislature; none have made it out of committee. The majority of those proposals were offered by individual communities. The legislation drafted by the city NOC group presents a unified front. • A number of state legislators have indicated their support for the legislation in some form, whether four seats or one. After the election, NOC representatives will contact their state legislators to solidify support of the proposal, and ask them to do the same with their colleagues in St. Paul. • After all city councils approve, the legislation will be drafted and jacketed in December, and ready for the 2007 legislative session. J47 ATTACHMENTS: • Propos�e�d� qlanguage forIG Bill pertaining to representation on the MAC is attached on pages - _ through .. MY Proposed Language for a Bill Pertaining to City Representation on the Metropolitan Airport Commission (2006-2007 Legislative Session) 1.1 A bill for an act 1.2 relating to the metropolitan airports commission; 1.3 adding mayors to the commissioner membership; amending 1.9 Minnesota Statutes 2002, sections 973.609, subdivision 1.5 1; 973.605, subdivision 2; 973.622; repealing 1.6 Minnesota Statutes 2002, section 473.601, subdivisions 1.7 3, 6. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2002, section 973.609, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. [COMPOSITION.] The commission consists of: 1.12 (1) the mayor of each of the cities of Minneapolis,' St. 1.13 Paul, Bloomington Eagan Mendota Heights and Richfield, 1.19 or a qualified voter appointed by the mayor, for the term of 1.15 office as mayor; 1.16 (2) eight members, appointed by the governor from each of 1.17 the following agency districts: 1.18 (i) district A, consisting of council districts 1 and 2; 1.19 (ii) district B, consisting of council districts 3 and 9; 1.20 (iii) district C, consisting of council districts 5 and 6; 1.21 (iv) district D, consisting of council districts 7 and 8; 1.22 (v) district E, consisting of council districts 9 and 10; 1.23 (vi) district F, consisting of council districts 11 and 12; 1.29 (vii) district G, consisting of council districts 13 and 1.25 19; and 1.26 (viii) district H, consisting of council districts 15 and 2.1 16. 2.2 Each member shall be a resident of the district represented. 2.3 Before making an appointment, the governor shall consult with 2.9 each member of the legislature from the district for which the 2.5 member is to be appointed, to solicit the legislator's 2.6 recommendation on the appointment; 2.7 (3) four members appointed by the governor from outside of 2.8 the metropolitan area to reflect fairly the various regions and 2.9 interests throughout the state that are affected by the 2.10 operation of the commission's major airport and airport system. 2.11 Two of these members must be residents of statutoryor home rule 2.12 charter cities, towns, or counties containing an airport 2.13 designated by the commissioner of transportation as a key 2.19 airport. The other two must be residents of statutory or home 2.15 rule charter cities, towns, or counties containing an airport 2.16 designated by the commissioner of transportation as an 2.17. intermediate.airport. The members must be appointed by the 2.18 governor as follows: one for a term of one year, one for a term 2.19 of two years, one for a term of three years, and one for a term 2.20 of four years. All of the terms start on July 1, 1989. The 2.21 successors of each member must be appointed to four-year terms 2.22 commencing on the first Monday in January of each fourth year 2.23 after the expiration of the original term. Before making an 2.29 appointment, the governor shall consult each member of the 2.25 legislature representing the municipality or county from which lq I 2.26 the member is to be appointed, to solicit the legislator's 2.27 recommendation on the appointment; and 2.28 (4) a chair appointed by the governor for a term of four 2.29 years. The chair may be removed at the pleasure of the governor. 2.30 Sec. 2. Minnesota Statutes 2002, section 473.605, 2.31 subdivision 2, is amended to read: 2.32 Subd. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission 2.33 member shall receive $50 per diem compensation and be reimbursed 2.34 for actual and necessary expenses. The chair shall receive a 2.35 salary as prescribed in section 15A.0815 and shall be reimbursed 2.36 for reasonable expenses to the same extent as a member. The 3.1 mayors and members of the city councils of Minneapolis gad, St. 3.2 Paul, _Bloomington Eagan Mendota Heights and Richfield shall 3.3 not be eligible for per diem compensation. The annual budget 3.4 of the commission shall provide as a separate account 3.5 anticipated expenditures for per diem, travel, and 3.6 associated expenses for the chair and members, and compensation 3.7 or reimbursement shall be made to the chair and members only 3.8 when budgeted. 3.9 Sec. 3. Minnesota Statutes 2002, section 473.622, is 3.10 amended to read: 3.11 473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 3.12 The corporation shall exercise control and jurisdiction 3.13 over any other airport within either 35 miles of the city hall 3.14 of either the city of Minneapolis or St. Paul or within the 3.15 metropolitan area. Control and jurisdiction of the corporation 3.16 over any privately or publicly owned airport shall be limited to 3.17control and jurisdiction of the flight and traffic patterns of 3.18 such airport in the interests of safety of the operation of any 3.19 airport owned or operated by the corporation. No airport shall 3.20 be acquired or operated within the metropolitan area without 3.21 first securing the approval of the corporation, provided, 3.22 however, such approval shall not be withheld except after notice 3.23 to all interested parties and a public hearing held thereon, as 3.24 provided in section 360.018, subdivision 7, and then only upon a 3.25 finding by the corporation that the acquisition or operation of 3.26 such airport would create a flight hazard to any airport or 3.27 airports owned or operated by it. As to any airport once 3.28 licensed with the approval of the corporation, approval of the 3.29 continued operation of such airport shall at no time be 3.30 withdrawn by the corporation except after notice to all 3.31 interested parties, a public hearing had, and a finding by the 3.32_ corporation -based -on substantial evidence that the -operation of 3.33 such airport is inconsistent with the safety of flight to and 3.34 from an airport owned or operated or presently to be or being 3.35 constructed to be operated by the corporation, and then only 3.36 after payment of just compensation to cover the loss sustained 4.1 by reason of such withdrawal, such just compensation, if not 4.2 arrived at by agreement, to be ascertained in the condemnation 4.3 of said airport by the corporation under the power of eminent 4.4 domain, the commission to institute the condemnation proceedings 4.5 promptly and to pay in connection with the prosecution thereof 4.6 all reasonable and necessary expenses incurred not only by it 4.7 but also by the owner of such airport. 4.8 Sec. 4. [REPEALER.] 4.9 Minnesota Statutes 2002 section 473.601, subdivisions 3 4.10 and 6, are repealed. 670 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 99 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE AUNUTES D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT — Update Regarding States of Core Area Redevelopment Agreement with Schafer Richardson E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT — Consent to Collateral Assignment of Development Agreement between the City and MG Eagan, LLC to LaSalle Bank F. OTHER BUSINESS G. ADJOURNMENT lsl Agenda Information Memo Eagan Economic Development Authority Meeting November 9, 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 September 5, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the September 5, 2006 EDA meeting on pages tSc;t MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota - September 5, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 5, 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 Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the August 15, 2006 meeting as presented. Aye: 5 Nay: 0 There was no old business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT USE OF EMINENT DOMAIN FOR ACQUISITION OF ALL AMERICAN RECREATION PROPERTY Community Development Director Hohenstein discussed the proposed acquisition of the All American Recreation Property and noted that the action is to consider approval of the findings of fact and resolution that were directed at the conclusion of the public hearing to consider the use of eminent domain at the EDA meeting of August 15, 2006. Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the Findings of Fact, Conclusions and Resolution for the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3820 Sibley Memorial Highway. Aye: 5 Nay: 0 There was no other business. OTHER BUSINESS 66 - --.- _ -- -- - ADJOURNMENT -- - — Commissioner Fields moved, Commissioner Maguire seconded a motion to adjourn the meeting at 7:50 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. ACTION TO BE CONSIDERED: To receive an update on the status of the TEF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of the Cedar Grove Redevelopment District and to provide staff direction in that regard. FACTS: • The background materials related to this item will be distributed with the additional information packet on Tuesday. (S5 Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. ACTION TO BE CONSIDERED: To adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Fagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. FACTS: • The City of Eagan and the Eagan Economic Development Authority held a public hearing on November 1, 2005 with respect to a development agreement between the City and MG Eagan, LLC for the redevelopment of a portion of the Northeast Eagan Redevelopment District Findings of Fact for the approval of the agreement were subsequently approved on March 6, 2006. • The developer and City have proceeded with efforts to acquire the remaining properties in the affected portion of the redevelopment district and the developer is arranging its financing for related to property acquisition and development • As a part of the financing, the developer requested that the City approve an agreement.for collateral assignment of the agreement to Marshall & Isley Bank. That request was approved in August 2006. • McGough is rearranging its financing for the project and, as a consequence, it is requesting that a replacement collateral assignment to the LaSalle Bank be approved by the City. • The proposed agreement has been reviewed by staff and the City Attorney and is in order for consideration by the City Council. The assignment facilitates the financing of the project and does not modify the obligations on the developer to undertake the improvements contemplated by the agreement ATTACIEWENTS: • Area map on page 191 • Resolutions on pagesr—Er—through • Agreement on pages � through 15(R (R (/1,^1 V , _ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to LaSalle Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. 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 9m day of November, 2006. Jon Hohenstem, Secretary/Deputy Executive Director 15,8" CITY OF EAGAN RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK BE IT RESOLVED by the Eagan City Council to approve an agreement for the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to LaSalle Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Motion by: Second by: Those in Favor: Those Against: 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 9th day of November, 2006. Maria Petersen, City Clerk 19q AGREEMENT REGARDING DEVELOPMENT AGREEMENT THIS AGREEMENT REGARDING DEVELOPMENT AGREEMENT (this — "Agreement'), is made and entered into as of , 2006, by and among the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "Authority"), theCITY OF EAGAN, a Minnesota municipal corporation (the "City'), MG EAGAN, LLC,'. Minnesota limited liability company (the "Developer'), and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the "Lender'). RECITALS A. The Authority, the City and the Developer have entered into that certain Development Agreement dated as of March 16, 2006 (the "Development Agreement"). B. The Development Agreement pertains to the development by the Developer of certain yet to be constructed improvements on the property legally described on Exhibit A attached hereto (the "Land') and certain other property. C. The Lender has made a revolving loan to McGough Development, LLC, a Delaware limited liability company ("McGough'; in the maximum principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00) (the "Loan") pursuant to that certain Loan Agreement dated as of October 2006 (the "Loan Agreement"), by and between McGough and the Lender. D. The obligation of McGough to repay the Loan is evidenced by that certain Promissory Note dated as of October , 2006, as amended (the "Lender Note', executed by McGough and payable to the Lender in the principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00). E. The Lender Note is secured by that certain Revolving Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing dated as of October 2006, as amended (the "Mortgage"), executed by the Developer in favor of the Lender and encumbering the Land and any improvements located thereon. F. Under Section 5.01(d) of the Loan Agreement, the Lender has required that the Authority and the City (a) consent to the assignment of the Development Agreement to the Lender, and (b) agree to certain other matters, all as more frilly set forth herein. NOW THEREFORE, in. consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The Developer hereby represents and warrants to the Lender that (a) except for the Mortgage, the Developer has made no assignment of the Development Agreement, (b) the Development Agreement is a valid and enforceable agreement which remains in full force and effect, and (c) to the best of its knowledge, without investigation, neither the Authority, the City, nor the Developer is in default of their respective obligations under the Development Agreement, and all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. Without the Lender's prior written consent, the Developer shall not sell, assign, pledge, mortgage or otherwise transfer or encumber its interest in the Development Agreement until the Mortgage is released and satisfied by the Lender. 2. The Authority and the City hereby consent and agree to the collateral assignment of the Development Agreement to the lender. 3. The Authority and the City shall endeavor to notify the Lender of any default by the Developer under the Development Agreement, and shall afford the Lender the same opportunity to cure any such default as is given to the Developer thereunder, but the failure of the Authority or the City to provide notice to Lender shall not affect any default. 4. If (a) the Leader becomes the owner of the Land and the Developer's interest in the Development Agreement through foreclosure, deed or assignment in lieu of foreclosure or Otherwise, and (b) the Lender complies with the provisions of Section 4.3(b) of the Development Agreement, then provided that there is not an uncured default under the Development Agreement, the Authority and the City will treat the Lender as if it were the Developer under the Development Agreement for all purposes. 5. This Agreement can be waived, modified, terminated or discharged only explicitly in a writing signed by the parties hereto. A waiver shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any party's rights or remedies hereunder. All rights and remedies of a party shall be cumulative and shall be exercised singularly or concurrently, at the party's option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 6. Any notice, request, demand or. Other communication hereunder shall be deemed My given if delivered personally or if mailed, postage prepaid, certified or registered, addressed to the party as set forth below: If to the Authority: Executive Director Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 If to the City: City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 If to the Developer: MG Eagan, LLC c% McGough Development, LLC 2737 Fairview Avenue North St. Paul, Minnesota 55113 Attention: Gregory S. Miller with a copy to: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402-1498 Attention: Jay F. Cook If to the Lender: LaSalle Bank National Association 50 South Sixth Street, Suite 1400 Minneapolis, Minnesota 55402 Attention: Thomas R Bobak or at such address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 8. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as of the day and year first above written. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -3- Itoa [SIGNATURE PAGE OF THE AUTHORITY TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Pat Geagan, Its President sy. Thomas L. Hedges, Its Executive Director STATE OF MINNESOTA ) )as. COUNTY OF DAKOTA . ) The foregoing instrument was aclmowledged before me this _ day of 2006, by Pat Geagan and Thomas L. Hedges, the President and Executive Director, respectively, of the Eagan Economic Development Authority, a Minnesota municipal corporation, for and on behalf of the corporation. Notary Public [SIGNATURE PAGE OF THE CITY TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] Pat Geagan, Its Mayor sy Maria Petersen, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2006, by Pat Geagan and Maria Petersen, the Mayor and the Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, for and on behalf of the corporation Notary Public 4? I [SIGNATURE PAGE OF THE DEVELOPER TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] MG EAGAN, LLC By Thomas J. McGough, Jr., Its President STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006, by Thomas J. McGough, Jr., the President of MG Fagan, LLC, a Minnesota limited liability company, for and on behalf of the company. Notary Public [SIGNATURE PAGE OF THE LENDER TO AGREEMENT REGARDING DEVELOPMENT AGREEMENT] LASALLE BANK NATIONAL ASSOCIATION Thomas R. Bobak, Its Senior Vice President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 2006, by Thomas R. Bobak, the Senior Vice President of LaSalle Bank National Association, a national banking association, for and on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. (JLL) 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 2965200 9154-73 Notary Public Agenda Information Memo Eagan Economic Development Authority Meeting November 9, 2006 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOUkNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. (PI PROJECT: Minnesota Valley Transit Authority (MVTA) Cedar Grove Transit Station LOCATION: Nicole Road and Cedar Avenue, Eagan DRAFT PROJECT NO. 0013821.1100 Preliminary Opinion of Probable Cost - October 25, 2006 Estimate is based on providing minimum 123 perking stalls In Phase 12010-2020 (140 actual); Estimate is based on providing minimum 156 parking stalls In Phase 2 2020-2030 (274 actual); Estimate is based on providing minimum 204 and parking stalls in Phase III beyond 2030 (274 actual) Third level adds 132 stalls for 408 stalls. No demolition costs, business relocation costs, or remediation costs anticipated. Escalation for Inflation beyond 2006 not Included. ITEM ESTIMATED NO. DESCRIPTION OUANTin UNIT TKDA ENGINEERS -ARCHrTEMS-PLANNERS UNIT TOTAL ESTIMATE PRICE AMOUNT ESTIMATED LAND ACQUISITION COSTS - SEQUENCE 1 1 Sale from MNDO7 Land Conveyance Assumed, government enfity to government entity) 6 Acres $ 1.00 $ 1 2 Engineering report/ traffic study for MNDOT 1 each $ 25,000.00 $ 25,000 TOTAL SEQUENCE 1 $ 25,001 SURFACE CIRCULATOR BUS PARKING/LOADINGITURN AROUND - SEQUENCE 2 --"S.F. 1 Concrete Paver Drive - Permeable Paving- exposed granite aggregate 18,388 $ 18.10 $ 298,018 2 Concrete Curb and Gutter 769 L.F. $ 34.02 $ 26,161 3 Concrete Paver Sidewalk - Permeable Pavin - colors 4,564 S.F. $ 15.04 $ 68,621 4 Gress in Median 7,710 S.F. $ 0.06 $ 435 5 Gress South of Bus 21,678 S.F. $ 0.06 $ 1,224 6 1 Interlocking Masonry Relnforoed Retaining Walls - 2'-6" high average 8301 S.F. $ 156.73 $ 130,087 SUBTOTAL S 522,546 CIRCULATOR BUS STATION AND CANOPY - SEQUENCE 2 1 24' x 48'sleel frame structure with brick or a better material than precast or concrete block 1,152 SF $ 175.47 $ 202,143 2 Roof 1,170 S.F. $ 6.38 $ 7,463 3 Footing 3 C.V. $ 669.76 $ 2,143 4 Foundation Wall 520 S.F. $ 24.13 $ 12,549 5 Concrete Floor Slab 690 S.F. $ 6.19 $ 5,507 6 Doom (Palm) 4 EA. $ 3,892.56 $ 15,570 SUBTOTAL _ $ 245375 TOTAL SEQUENCE $ 767,921 EXCAVATION AND GRADING - SEQUENCE 3 1 2 Excavate and Haul O6 Site 3 8•CY tlumptrucks, 4 mfle round trip) Cut and FIJI with On -Site Material (200 HP dozer, 300' haul, 4" lift, 4 passes) 2,548 15,702 C.Y. C.Y. $ $ 24.07 19.82 $ $ 61,287 311 3 SUBTOTAL $ 372489 SITE LANDSCAPING - SEQUENCE 3 1 To Soil 2,865 C.Y. $ 37.21 $ 106,603 2 Sod or Erosion Control Blanket with Seed 32 MSF $ 900.48 $ 28,365 3 Seed Grass 75,541 S.F. $ 0.04 $ 3,046 4 Shrubs Allowance Includin mulch, entrance and visual Interest areas 500 Each $ 40.00 $ 20,000 5 Trees Allowance includingmulch, 30' O.C. alongstreet and highway homage 500 Each $ 500.00 $ 250,000 6 Ornamental Metal Fence (6' high, 2- Posta, Painted) 1,409 S.F. $ 73.66 $ 103.784 SUBTOTAL $ 511,798 STORM WATER RETENTION POND - SEQUENCE 3 1 Excavation and Final Gradin Cul and Fill with On -Site Material 2,400 C.V. $ 19.82 $ 47,566 2 To Soll 435 C.V. $ 37.21 $ 16,186 3 Plant Materials - Erosion Control Blanket with Aquatic Grass Seed 2 MSF $ 900.48 $ 1,531 SUBTOTAL $ 65,263 SURFACE PARKING LOT/PICK-UP/DROP OFF/TURN AROUND - SEQUENCE 3 1 Concrete Curb and Gutter 664 L.F. $ 34.02 $ 22,589 2 Concrete Paver Sidewalk - Permeable Pavin - colors 2,846 S.F. $ 15.04 $ 42,791 3 Asphalt Driveway- 4' binder course, 2' Bituminous Wear Course, Substrate First Lift), Aggregate Base 3,041 S.V. $ 23.77 $ 72,268 4 Asphalt Parkin Lot 1,644 S.Y. $ 23.77 $ 39,064 5 As halt D OB 1,397 S.Y. $ 23.77 $ 33,204 6 Gress In Median 1,571 S.F. $ 0.08 $ 119 7 Grass East of DropOff 1,838 S.F. $ 0.06 $ 92 8 Signage(Accessiblli and Directional, Allowance 8 EA. $ 101.75 $ 814 9 Paint Stri In 19 STAL $ 20.09 $ 382 10 Handicap Symbol 8 EA. $ 704.18 $ 833 SUBTOTAL $ 212,125 LEVEL 1 SURFACE PARKING - SEQUENCE 3 1 Concrete Curb and Gutter 598 L.F. $ 34.02 $ 20,344 2 Concrete Wall Panels (Length X 4' 3,457 S.F. $ 73.35 $ 253,600 3 Concrete Drive Surface 48,058 S.F. IS 37.06 $ 1,781,020 4 Signage Accessibility, and Directional, Allowance 20 EA. $ 101.75 $ 2,035 5 1 Paint Striping 1401STALL $ 20.09 $ 2,813 SUBTOTAL $ 2,059112 TOTAL SEQUENCE 3 $ 3,221,607 10/2512006 Page 1 Valley Cedar Authority E (MVTA) Cedar prove Transit Station PROJECT: Minnesota kneRoad LOCATION: Nicole Road and Cedar Avenue, Eagan PROJECT NO. 0013621.01)(11 DRAFT TK ��iLii STAIR AND ELEVATOR CIRCULATION LINK - SEQUENCE 4 1 Electric Passenger, Base Unit, 2000 LB, 200 FPM, 4 Stop, Standard Finishes 1 EA. $ 170,757.28 1 $ 170,757 SUBTOTAL $ 170,757 PEDESTRIAN SKYWAY OVERPASS AT CEDAR - SEQUENCE 4 1 2 Enclosed Towers with 2 atop elevators to akywaye - at Transit Stations & to parking structure 2 EA $ 282,214.63 $ 564,429 2 Enclosed Pedestrian Skyways over Cedar w/ HVAC (42' between stations and 150' to parking structure) 2 AVG $ 3,135,367.07 $ 6,270,734 _ SUBTOTAL 6,835,163 BRT TRANSIT STATIONS - SEQUENCE 4 1 212' z 165' BRT Transit stations, steel structure 3,960 S.F. $ 297.99 -$f-1,180,033 SUBTOTAL $ 1,180,033 TOTAL BUILDING AND SITE DESIGNISEQUENCE 4 $ 8,185,954 SECOND LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 5 1 132' x 300'reinforced concrete structure with precast panels an dual helix __ 56,705 S.F. $ 71.87 $ 4,032,101 TOTALSEQUENCES $ 4032,101 THIRD LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 6 1 reinforced concrete structure with precast panels 56,105 S.F. $ 71.87 $ 4,032,101 TOTAL FOR BUILDING AND SITE DESIGN - SEQUENCES I $ 4,032,101 ANTICIPATED TOTAL 2010 THROUGH 2O30 INCLUDED 1 1 $ 20 84 5115 10/25/2006 Page 2 i uu \ STORM WTR. POND I I \ --- 0 50 100 200 1'=100' I N CIRCUL4TOR St. 3 J -_- V z MVTA CEDAR GROVE TRANSIT STATION WALK-UP NEIGHBORHOOD CIRCULATOR STATION TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS -ARCHITECTS -PLANNERS OESIGIED I Oft . I CNECNE. SEPTEMBER 28, 2006 SEQUENCE2 0013621.000 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR STATION WITH PARKING LOT AND DROP OFF TRIGGERING EVENTS SEQUENCE 1 - 6 TKDA NGINEERS • ARCHITECTS • PLANNERS 1651 0 OR "W CXECKEO ;EPTEMBER 28.2006 SEQUENCE 3 0013621.000 1 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR STATION WITH BUS RAPID TRANSIT STATIONS TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS • ARCHITECTS • PLANNERS DESIGNED DFA WN CNECI(ED SEPTEMBER 28, 2006 SEQUENCE 4 0019621.000 MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR BUS RAPID TRANSIT STATIONS WITH SECOND LEVEL PARKING STRUCTURE TRIGGERING EVENTS SEQUENCE1-6 TSDA ENGINEERS -ARCHITECTS -PLANNERS oesicNco DRn CnECKec SEPTEMBER 28,2006 SEQUENCE5 0013621.000 i MVTA CEDAR GROVE TRANSIT STATION CIRCULATOR AND BUS RAPID TRANSIT STATIONS WITH THIRD LEVEL PARKING STRUCTURE TRIGGERING EVENTS SEQUENCEI-6 TKDA ENGINEERS -ARCHITECTS -PLANNERS OES.IEO OPFNM CXECI(EO SEPTEMBER 28,2006 SEQUENCE6 11.117 l . MVTA CedaF Greve Trawl stalbn Cri.wl Pam Tipgenrg Events -1)11A T TW I WIM MVTA Cedar Gmve Transit Shtion rggerin9 Events - MNOOT budget engineering lime W hdWM ass ramp to Nay 13 IM Mara reeds MNOOT mgat.ukg review Wreueea p ore ay as4ing to convey MNOOT sea Ivawler pmpe ty Pmpdy ownesNp oonvayed W kNTA MWA take possessisn end heathen she W gh an W ry holssmg NnrcINPIBal Rpldensel oasmpnry rale 75% ResMmgel x eupanc, Mle 100%- 4aneltenenhtl de.lournnl OM County Flnanciel AsslMance Oleaat erg horn me Feder Kq y Adminisbation M the BRT mu Is OgaM kar asp bass? Wr Mallon IM1Wnp,,I carcidered iMepareenl uNdy 001Bh agency appovals son pmMls Caplea Oeste, la t a, for ulNaWr bus station anal tum shun On Ong operational cwls funded for On ulamr shson Bunt sex aalky Brawiluienlea aevelapmMtl Ircal but, Station Exisling ke al service Is re -meted to ww Gmuattor less station Curtiss dd lNp an exishrg routes, to reach C.P dy CWW cosh fulled Ia sea BW Pathan. eon skyways Ongeirg ape2tioal cosb unseal for naw BRT earvke Bunt BRT seasons and skyways Cspiiel chis lmMeal for naw or imitation to sus maimenance garage N support ORT pons Awo wl bus. Mares / prdresad Wt naw BRT.eaiw AaCgonslemployem Nraa artl balned lot new BRT.eaiw Ada t aldswal buses W exishlg law] mass and hstiy schedules New BNi Ers Send. in Ceala Greve canes on fine Users low, sah&e was sense pats, rea5prang W �,.W Mtlr new express service Ridership on existing local mum rastlr Cepesiy Bw maintarewa ant sleep hdlly Merged W serve BRT buses BRT saute 75%atw a1 Cedar G. Lep!Wl casR l nma foramp oll C.Paw (seas hese for penultW Onydng operegansi cosh bonded for neentesung ww Wking Its Bina naw preing ha Puking WI reedrm eapaNry Capita owls hanaea her mmM Ievs of passing, OmgGng operetlasW cesM hulled Wr trsn1enawa of second level of pared, Bulla secatl,esel of P tali Peru,.hrdum reaches c.P.0 y CapWl costs hsl0ea M INN annul of puking OnV.iM aptadwed eosb latled for theatt. of sung hvtl of parking BM W d hated d puking 12. 12 maw 6. 3. 261 mons 6100 days 36 marc I6 mow zza mow 7200 a ew IM. IM. TUBE aesa Will tlayc 12 mow 286 maw 12 mow 3. 36 mow 60. n6. 12 marc 18 mow 12. 6. 3. 6. 3. 6o has 12. N mow 24. 24. 10. 3. 8o has Zd marc 13. 12. W.. 24. 12. 12. Fn W1107 Fn 5208 Fn Mv09 Its 9/1&09 Fd 12/11109 Fa WAV Fn WIM7 Fn WIO Fn 1lMl3 Fr16/1w Fn 6/16/7 Fn 6/1/0] Tu, IMM Mon M11011 Fn tIM)9 Fn 1=9 Fn Ivtl/09 Fn 11/12/10 Fn VWlI Fn 11/6/13 Fa 11/6113 Fd 6/15118, Fd WlWIB Fn LIT/19 Fn 11/1/19 Fdul7i" F64117= Fn 4/1720 Fn 7/10120 Fd 11/1/19 Fd v1425 Mona Mon 320e Fd 1/1/10 Fn 111/10 Fn 226Ift1 Fn 1=1/14 Fd 1091/14 Fd 9216 Fd 8/4/17 Fn W11M Fn 311122 Fn 1/1224 Thu 5/1/06 Thu M2/09 Thu 9/17M Thu 1v1NW Thu WMO Thu 12/12/30 Thu YG10 Thu 1117/13 Thu tvIwo Thu WIM Thu 9110115 Thu 9/IN15 Thu VIM Thu Will Thu 12 3/09 Thu 12/5/30 Thu I 111111 Thu MillI TIN,v11 Praje IffiltnggesrgEvans, Task Pmgra.s Suhmary ^ ENemaa Tasks 0 Owdthe IPrgM: MVTA_CG_Tnggenrlg_Evems Task Pmgrws Summary, �� EssentialTmW `vr 011e: Thu iM696 DA/�FT WlesWw ♦ Prajeu Samwry EtlmWkSesWne� ;Dant: Th. la19116 �7Fi/�FT Split MIIesWW ♦ Project Summay EAternal ASWsmne. Page I 1 _ _ _ _ Page 2 T7- f MVTA CEDAR GROVE LAND ACQUISITION SEQUENCE1 MVTA CEDAR GROVE CIRCULATOR BUS STATION AND CANOPY SEQUENCE2 MVTA CEDAR GROVE SURFACE AREA PARKING LOT / PICK UP / DROP OFF SEQUENCE3 T S{ (e ry I MVTA CEDAR GROVE PEDESTRIAN SKYWAY OVERPASS AND BRT TRANSIT STATIONS SEQUENCE4 'f MVTACEDAR GROVE SECOND LEVEL OF STRUCTURED PARKING RAMP SEQUENCE5 MVTA CEDAR GROVE THIRD LEVEL OF STRUCTURED PARKING RAMP SEQUENCE6 r+. ;. lip :A s Minnesota Vahcy Transit Authority C• nt 9Y«ire: TKDA ENGINEERS• ARCHITECTS• PLANNERS "1� 4?01 City of Evan mcmo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 712006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 9, 2006 CITY COUNCIL MEETING CONSENT AGENDA PERSONNEL ITEMS Item 4. Full-time Managers-on-Duty/Community Center -- ACTION TO BE CONSIDERED: To approve the hiring of Matthew Mack and Barbara Normandin as full-time Managers -on -Duty at the Community Center. Item 5. Resignation -Part-time Clerical Tech HI/Community Development— ACTION TO BE CONSIDERED: To accept the letter of resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. ECONOMIC DEVELOPMENT AUTHORITY OLD BUSINESS — 1. Cedar Grove Redevelopment District — Enclosed on pages 155A through 155J is a copy of the background information relative to the EDA TIF DevelopmentAgreement Update between the City and Cedar Grove Development Corp. for the redevelopment of the core area of Cedar Grove Redevelopment District. /s/ Thomas L. Hedses City Administrator . Agenda Memo Eagan Economic Development Authority Meeting November 9, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT — UPDATE ACTION TO BE CONSIDERED: To receive an update on the status of the TIF Development Agreement between the City and Cedar Grove Development Corp for the redevelopment of the core area of 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 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, 2006 and amended on May 16, 2006, the developer and the City set out dates for several actions that will lead up to the commencement of the redevelopment of the core area They include dates for the submission of a Phase I Site Plan, submission of a development application, submission of written affirmation of an intent to proceed with the development and a deadline for the purchase of the Cedarvale Mall by the developer from the City. e As the Developer's staff proceeded with preparation of the Phase I Site Plan and approached the deadlines in the May 16 amendment, they identified issues that they wanted to address prior to proceeding with the submittals. Those issues relate generally to the results of an updated market study, additional input from prospective commercial tenants about the layout of the commercial segments of the property and project cost analyses. • The Developer requested and the City approved a Second Amendment of the Development Agreement on July 19, 2006 that extended the deadline for submission of the Phase I Site Plan to October 23, 2006. • In the meantime, the City proceeded with the acquisition of the Cedarvale Mall and the tenant relocation activities and continues to negotiate for the acquisition of other properties in the Redevelopment Area • As of the date of packet preparation, the Phase I Site Plan has not been received • The range of options available to the City at this time include: 1. Receipt of information and take no immediate action; or 2. Authorize Negotiation — As outlined in the developer's letter, the City may seek to identify sources of additional financial assistance to close the perceived gap; or 55 A 3. Negotiate Placement of Cedar Grove Development Corporation Proposal . on Hold and Solicit Proposals from Other Developers — Without declaring default, the City may request that the developer place its proposal on hold to permit the City to solicit proposals from other developers. If the City were to pursue this alternative, it would be predicated on its ability to terminate the development agreement, if it finds an alternative proposal to better fit expectations for the redevelopment area; or 4. Seek Termination of Development Agreement If the EDA and Council determine to take this action, it should provide direction to solicit an amicable termination of the Development Agreement with the Developer, or 5. Declare Developer in default and provide notice of default to Developer. Developer has 30 days to cure the default to prevent the Agreement from terminating. FA WKI—•i:iuI 0 • Developer's letter on pages through • Staff memo on pages through • Area map on page • Approved site plan on page /556 Schafer 0 BE Richardson November 2, 2006 Mayor and City Council: Thank you for the opportunity to work on the Cedar Grove project over the.past several years. We.have enjoyed working with you, your staff, and the City's consultants to make the redevelopment of the Cedarvale Mall and the surrounding 70 acre area an asset to the City of Eagan and the region The site plan which you saw and. approved as part of the development agreement turned out not to be supportable in the current market. Specifically, • Market conditions for for -sale housing have worsened substantially. As you know, condominiums and townhomes were a large part of earlier site plans. • The amount of freestanding commercial space - which is more feasible than residential space in the current market - needs to be increased. However, it is limited by traffic constraints and the City's design guidelines for the area. In an effort to make the project more market supportable, we made several changes to • the proforma: • We replaced some condo units with rental units, • We replaced condo units with senior housing units, and • We increased the amount of commercial square footage. We do not feel that the project as it is currently structured is feasible. Over the past few months, we have spent considerable time testing different mixes of land uses to attempt to create a redevelopment plan which is market supportable and successful. Some of these changes are: • We increased the land price for townhome lots, • We increased the land price for commercial land, and • We increased the market values for the townhome units and commercial land, which increases the amount of TIF available. After all these changes, the project proforma still has a considerable financial shortfall, and it puts too much risk on us as the developer. The project currently has a gap of over $2 million, and the gap for Phase I - the most critical phase for financing and marketing the project - has a much larger gap still. • ® Pal Estate Development 500 Banti Building 615 First Avenue NE 11 cunsavcdon Mmnapolis, MN 55413 Pt�(L ® Investment ® Leasing & Management Phone 612.371.3000 F=612.359.5858 www.s M.00m Mayor and City Council November 2, 2006 Page 2 We believe that additional financial assistance from the City is required to make the project work. We ask that you consider: • Carrying the land acquisition costs or providing a loan to us for this, • Waiving park and trail fees, • Paying for relocation expenses, • Paying for off-site traffic improvement costs, or • Other ways to reduce project costs and/or carrying costs. We are not set that any of these is necessarily the answer, but additional assistance is needed to make the project feasible for us. We hope to make the Cedar Grove project work, but we are prepared to work with you to part company amicably in the event it does not. We believe the project could be a great one, but it may not be the right project at this time. Sincerely, Brad Schafer President 155)�N A • 0 • City of Evan Ycmo TO: MAYOR GEAGAN AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: CEDAR GROVE CORE AREA DEVELOPMENT AGREEMENT UPDATE AND REQUEST FOR DIRECTION The purpose of this memo is to outline the status of the Cedar Grove Core Area Development Agreement betwen the City and the Cedar Grove Redevelopment Corporation, the Schafer Richardson partnership that was formed to act as the master developer for the core area of the Cedar Grove Redevelopment District Overview • This matter is before the City Council and EDA at this time for several reasons: • The developer has not submitted Phase I Plans by the October 23, 2006 deadline prescribed in the amended development agreement and it is necessary for the City to determine how to proceed in light of that circumstance. • The developer submits that market conditions. have shifted since the development agreement and preliminary concept plan were approved in January, 2006, which has diminished the market supportability of the approved mix and density of uses. In particular, the developer indicates that the market for new suburban condominium, which made up a substantial segment of the preliminary concept plan, has flattened. • Despite the fact that City staff and the developer have worked to refine the assumptions projected for the redevelopment, the developer's financial pro forma for the project shows a financing gap of $2 million to $3 million. The analysis presumes that the core area project will be self-financing through TIF, with the exception of the City's obligation to use resources from elsewhere to cover costs such as environmental remediation, affordable housing and prior transportation improvements. • The refinement of some assumptions reduces the gap, but according to the developer they are offset by the inability to assure the number and timing of construction of the condominium units. Since.the number and density of this • housing type represent a substantial amount of the new tax base in the I5" C- revenue assumptions, the developer believes it is necessary to consider • alternatives to fill the gap. These may be in the form of additional public - capital investment and/or the consideration of some land use alternatives not previously included in the plans for the area. Vision and Implementation The City has made a substantial commitment to the redevelopment of the area in the form of public improvements, environmental reviews, comprehensive planning and zoning amendments, transit planning and other activities. The City has also acquired well over half of the properties to be redeveloped in the core area. In addition, private development investment has occurred consistent with the redevelopment vision in the Keystone and Nicols Ridge developments and the McDonalds restaurant reconstruction. Further, a number of businesses relocked within the area anticipating the mbced use development pattern. The staff and the City's redevelopment consultant believe that the redevelopment of the area can occur within the general concepts defined for the area, namely a mixture of commercial and residential land uses, uniform and cohesive design elements, pedestrian focus, transit orientation, public greenspace and structured parking, where necessary to support necessary development densities. If the developer's assumptions are true,. in order for the project to be market supportable, it may be necessary to consider land use altematives outlined below to complement • or supplement these new urban elements. While a further alternative, would be to consider a more dramatic shift to a different ma of uses or redevelopment focus, that does not appear warranted because of the development that has occurred to date, the practical limits of the current traffic improvements and the proximity of the future Cedar Avenue BRT that will support and benefit from higher density residential development Market Conditions One of the key assumptions of the Cedar Grove Redevelopment Project was that the uses and mixture of uses would be market supportable. For the project to be successful in the future, the vision for the area will need to be dear enough to assure its quality, but flexible enough to incorporate those specific uses that have the greatest opportunity to succeed. The approved development concept includes 974 housing units, including 553 condominium units. It has been reported that new condominium development has flattened in the region and, while markets are cyclical and are expected to recover over the term of a major redevelopment such as this, aggressive development of condominiums in the early phases of the project may not be market supportable at this time. • lss • While there are reports of a flattening of the residential market, it is not as pronounced in the townhome and row home markets, such that a mixed use project for the area should be feasible, but its specific characteristics may need to change in the short run. A complete a shift toward lower density development results in decreased overall property value and, by extension, reduces the TIF available to underwrite project costs. This situation gave rise to discussions of land use alternatives. Land Use Alternatives To complement and retain the City s redevelopment general vision for the area, staff and the developer discussed whether market segments that are stronger at the present time, including retail, office, senior housing of various types and rental housing, could be integrated further into the mix of uses at Cedar Grove. The developer has prepared revised profonnas for several scenarios under which a portion of the higher density residential development would be replaced by a greater square footage of retail and office development and some of the higher density housing would shift to senior and rental products. One of the scenarios discussed is the addition of a certain amount of traditional, free standing retail development in the Gateway area of the development. - In this scenario, the mixed use development previously shown at the gateway would • shift to the west and the residential development in the western part of the district would contract to accommodate the change. This approach is similar to developments in Maple Grove and Blaine that have a combination of a more traditional suburban development pattern that functions as an anchor for the new urban portions of the project, while generating additional tax base to support the remainder of the project. To the extent that they were analyzed, the developer's pro forma shows a financing gap of for the core area project in each of the scenarios. Concept Plan and Phase I Site Plan The developer has indicated that it is not possible to proceed with implementation of the approved preliminary concept plan. In addition, it has indicated that it is not prepared to pay for the preparation of a graphic representation of an alternative concept plan, until the City agrees to offset the gap in the financial pro forma. The challenge is that the City's level of financial support for a project in the area has always been predicated on the proposed development conforming sufficiently to the Citys development expectations and the design guidelines. This can only be determined through an analysis of a concept plan and the more refined plans and graphics contemplated in the Phase Site Plans. The Council • will need to determine whether it wishes to proceed with direction to identify GET funds to close the gap, in the absence of those plans, or to provide other • direction with respect to the redevelopment of the Cedar Grove Area. EDAfCouncil Direction Alternatives for direction are outlined in the cover memo for this business item. Regardless of the direction chosen, the following factors are important to note. • The City now owns more than half of the property within the redevelopment district. • The Council has given general direction to continue to acquire the remainder of the properties in the core area. • A substantial number of businesses associated with those properties have been successfully relocated and others are in the process of pursuing relocation options. • While a downturn in the condominium market presents a challenge, the emergence of market demand in a number of other sectors offers options for alternative approaches to the redevelopment of the area. • The potential revisions to the approved preliminary concept plan that have been identified would result in a development that would be different by some degree from the project defined by the Request for Proposals and the approved development agreement • Staff, the developer and a representative of Ehlers and Associates will be available to address the matter further and respond to questions on Thursday evening. Cc: Gene VanOverbeke, Director of Administrative Services • ISSH • • DESCRIPTION OF PROPERTY The properly is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. 155 EXHIBIT B Development Concept and Schedule Furore Had Heritage Can ge SSwry valageRa Turua Condominlum Tam Homs Houom 34tory Pkml 1ert n's TnnsltSddon �Nlnk Supper Cbh &Commerzbi rwuvrgew Commenial Houatrgows Comalmw Cedar Grove Concept Plan A.Ww'w C.row. t Cemmee4I we¢I.aamdvre - x_ao ft a Oeldoomaa wdm r M Ran IuM peYNUPur+R FaRTtaln Sfi O. W,. " 9 CWgrtp.M_ Shadbw,,M U6aalnc Sunmxy 1M unR Summer TRrWlC 15p ,ft 7—gIC�18I1j50R Nnvembn]pM H°�^pZ=aY IM unlit FaRamed Uu 0Mm!< IMeInpMMged Ux < Tunl 14Z Nfi Tp na "M Cedar Grove Concept Plan -Phasing ew�4m.nseee...ea utrn me uen,we+zms RYLAND HOMES' • • • E 0 o�ilzl&1-07111 &V w1T" DIZ171 REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA NOVEMBER % 2006 CITY ATTORNEY Item 1. Schedule Special City Council Meeting for Tuesday, November 21 CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity 0 •4q ' City of Eagan mo TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 7, 2006 SUBJECT: ADMINISTRATIVE AGENDA / NOVEMBER 9, 2006 CITY COUNCIL MEETING CITY ATTORNEY There may be reason to have a brief Executive Session *for the purpose of reviewing the status of contract bargaining with both the Street and Maintenance and Clerical units. The City Council reserves the right to hold an Executive Session for any threatened or pending litigation. CITY ADMINISTRATOR Item 1. Schedule Special City Council Meeting for Tuesday, November 21 — ACTION TO BE CONSIDERED: To consider approval of a Special City Council meeting to be scheduled at 4:00 p.m. on Tuesday, November 21. Due to scheduling conflicts, Tuesdays, both November 14 and 28 will not work as dates for a Special City Council meeting. There are two (2) items for Council consideration, and they are; 1.) Public Works presentation on the proposed Yankee Doodle access, and 2.) A review of eligible items to be included in the 2007 Community Development Block Grant Program. A majority of the City Councilmembers have responded to an email from the City Administrator suggesting both of these agenda items scheduled for a special workshop on Tuesday, November 21. DIRECTOR OF PUBLIC WORKS There are no items at this time. 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 Ii0 through L] -I-, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. RA Item 2. Development/Construction Activity - Per the Council's request, Community Development staff will provide bi-weekly updates of larger development and construction activity. • The current update is enclosed on page 11�-. /s/ Thomas L. Hedges City Administrator 177a n U 11 Ir k' i My of Eap INQ TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 6, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mail Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both. Demolition of the mall will be scheduled after those relocation plans are finalized. • First Phase Development Plans — The EDA is receiving an update on the Core Area Development Agreement status as part ofthe November 11 meeting agenda. • Silver Bell Center Remodeling — Cedarvale Barbers, Mike's Shoe Repair and Cedarvale Tailors have relocated to Silver Bell and the building permit has been released for Burton's Frame Shop, which will likely move in December. • Acquisition and Relocation Plan — Staff and the City Attorney are continuing negotiations • with Ellingson and Associates to acquire their property. The City has received an appraisal from Steve Martin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The All American Recreation public purpose hearing will be held on November 7 in anticipation of resolution ofthat acquisition, as well. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area Website updates also continue. • Transit Update—The AMA has approved a concept plan for the phased implementation of the Cedar Grove Transit Station and has asked that the City Council consider approval of the concept plans as well. Northeast Eansn Redevelonment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy SS Parcels DART has submitted a preliminary application for financing assistance and has teamed with CSM to further develop a draft concept plan to begin the staff process of reviewing a possible formal proposal for consideration by the City Council and IDA. A project must be pursued in the nest eight months before the five year rule is reached. • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TM building. • TM Relocation Assistance Appeal — The hearing officer has held a conference call with • TMI and City representatives and has communicated expectations for a presentation of claims and a hearing in January or February of 2007. IZ1 Southeast Eamm Renovation and Renewal District • • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. General Redevelomneut • Impact of Eminent Domain Legislation on Redevelopment Districts —In consideration of the 2006 law changes, s4 Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August g, 2007 in the case of the Norte Eagan District and July 22, 2008 in 60 case of the Cedar Grove District • • (7), • City of Evan Ycno TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: November 1, 2006 SUBJECT: DevelopmentfConstruction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits Issued Address 1965 Cliff Lake Rd • 980 Discovery Rd 950 Blue Gentian Rd 2750 Blue Water Rd 1200 Yankee Doodle Rd 3340 Pilot Knob Rd • Development Update Business Name/Type Valuation Type Cliff Lake Marketplace 980,000 Comm New Don Stevens (whse) 485,000 Comm Add NW Tech Inst 400,000 Comm Impr Oce 133,000 Comm Impr Blue Cross/Blue Shield 121,000 Comm Impr Amer Assoc of Cereal 105,000 Comm Impr Chemists (covered exit) ➢ The Active Living Group is hosting a workshop on Wednesday, November 8 from 1-4 at the Eagan Community Center. All are invited to this entertaining and eye-opening event. Please RSVP to City Planner Ridley if you are interested. ➢ The footing & foundation permit has been issued to Trinity School in northeast Eagan. 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. 173 IIZWdhgAddy RepoVCommerdslRepods for CC-lWM Ooh • AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY NOVEMBER 21, 2006 4:00 P.M. EAGAN ROOM - CITY HALL I. ROLL CALL AND AGENDA ADOPTION II. VISITORS TO BE HEARD • IH. YANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY - OPTIONS AND PREFERRED ALTERNATIVE PRESENTATION 3 IV. COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2007 T. I V. DIFFLEY PEDESTRIAN TUNNEL VI. OTHER BUSINESS VII. ADJOURNMENT 0 • Special Council Workshop Agenda Memo November 21, 2006 IlLYANKEE DOODLE ROAD ACCESS MANAGEMENT STUDY - OPTIONS AND PREFERRED ALTERNATIVES DIRECTION FOR CONSIDERATION: REVIEW AND COMMENT ON PROPOSED ACCESS MANAGEMENT OPTIONS. FACTS: • As traffic and development continue to grow along the Yankee Doodle Rd (County Road 28) corridor between I -35E and TH 149, various segments and intersections are approaching their minimum Level of Service (LOS) capacities. Several existing intersections do not meet the County's Transportation Plan spacing guidelines. Also, as additional development occurs along this corridor, requested new access locations either conflict with the current guidelines or would compromise the long-term mobility and/or safety of this heavily traveled corridor. An access management plan would be helpful in identifying where • future accesses could be accommodated and what infrastructure improvements are the most cost effective. • One of the higher priority improvements identified in both the City's and County's CIP involves addressing the vehicle crash rate at the Promenade intersection, and the easterly extension of the current 6 -lane divided roadway from Promenade Ave. through Lexington Ave. for added capacity. Before these or other significant investments are initiated, both agencies agreed to perform a Corridor/Access Management Study of this 2 -mile segment. SRF Consulting Group, Inc., was retained to perform this study which began in June with a completion date set for year's end. • This 2 -mile corridor was divided into 3 segments; the West (Denmark Ave. to Lexington Ave.), the Middle (Lexington Ave. to Elrene Rd.) and the East (Elrene to TH 149). An Open House was held on August 2 to introduce the study and solicit public input and discussion of issues and concerns along this corridor. Of the 900+ notices mailed out to all property owners within 1 mile of this corridor, 31 attended the open house. With this additional information, various alternatives were developed for each segment including advantages and disadvantages of each. This refined information was then presented to the public at a 2" Open House on October 12 attended by 29 people. In addition, there have been individual follow-up meetings with several Property/Business owners where significant right-of-way would have to be acquired for some of the proposed alternatives to be implemented. CJ Special Council Workshop • Agenda Memo November 21, 2006 YANKEE DOODLE RD CORRIDOR STUDY (cont.) The study's approval process incorporates 2 presentations/discussions with the City Council (Nov. 21 Workshop and Dec. 19 Regular meeting) and 2 with the County Board (Dec. 12 Physical Development Committee and January Board meeting). The Nov. 21 Workshop is an opportunity for the City and County staff/consultant to update the Council on the study's progress and current status. If possible, it would be helpful to forward specific comments to the County's Physical Development Committee (Committee of the Whole) for their consideration on Dec. 12. The County PDC's follow up comments can then be brought back to the City Council for their consideration at the Dec. 19 Council meeting, with final comments going to the County Board in January for hopeful adoption of the Study and phased implementation of agreed upon preferred alternatives as the need or opportunity presents itself. The approved study will then be the guiding document to implement future transportation improvements and development approvals along this corridor. SRF will present the various alternatives being considered for each of the 3 • segments and the preferred alternatives during the workshop. ATTACHMENTS: • Corridor Study and alternatives summary, enclosed without page number. 0 • Agenda Information Memo Eagan City Council Workshop November 21, 2006 IV. PRELIMINARY REVIEW OF 2007 CDBG APPLICATION DIRECTION TO BE CONSIDERED: To discuss the program and improvement alternatives for inclusion in the City's FY 2007 Community Development Block Grant (CDBG) Application and provide staff direction regarding the specific items to be included in the application when presented to the Council at its next regular meeting. FACTS: • The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. • The City of Eagan's CDBG allocation is administered through a subrecipient • agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. • The CDBG fiscal year begins July 1. The application deadline for local governments has been set at December 15, 2006. Preliminary budget information is being provided at this time to permit staff to prepare background for the formal Council action at a later date. • For application purposes, the CDA indicates that the City should use the 2006 allocation amount for Eagan's FY 2007 application. That amount is $214,500. • Staff is presenting a proposed funding budget for Council consideration including senior services and acquisition, demolition and relocation activities associated with the Cedar Grove Redevelopment Area. Eligible activities under the HUD rules must either remove slums and blight or provide benefits to low and moderate income (LMI) persons and families. The CDBG program requires that at least 70% of all funds to be used for LMI benefits. For HUI) purposes, this means that 51 % of the benefiting families be at or below 80% of the median income for the region. In 2006, a family of four making $59,600 met this criteria. • The CDA requires that at least 50% of each City's application be designated for LMI uses, which can be either programs or acquisitions. In addition, when CDBG funds are used for slum and blight removal, a portion will be repaid to the City's CDBG • account at the time the property is resold for development. Ultimately, the account will need to be used to provide for LMI benefit. 3 Agenda Information Memo November 21, 2006 Eagan City Council Workshop Page 2 of 2 In addition, as staff has discussed the program with CDA staff, it was noted that, • while CDBG applications may be amended, the process to reallocate dollar amounts among previously approved line items is a minor amendment, but it is a major amendment requiring higher levels of review if dollars are to be shifted to new activities. • Activities supporting the LMI standard have always required documentation of the LMI status of beneficiaries of a program or improvement. In the last two years, the documentation requirements have been revised to require information of greater scope and detail. For public service programming, the level of detail is such that the CDA is recommending and City staff concurs that it is not cost effective to allocate funds for LMI programming, unless it is for a population that is assumed to be eligible, such as seniors. • As in recent years, staff is proposing that a portion of the CDBG funds be allocated to the Cedar Grove Redevelopment. Allocations are noted in this category for acquisition, relocation and demolition of properties both for general removal of substandard buildings and for acquisitions that would eventually provide for LMI housing. Since low and moderate income housing development is required as a part of the Cedar Grove Redevelopment, it is hoped that the LMI property development partially funded by CDBG funds will occur within the near term. As such, funds used in the short term for blight removal and repaid by the developer can be used for an LMI purpose at that time. The proposed senior service activities are discussed in the attachment. • The budget alternative spreadsheet shows requested allocations in the referenced categories above. Staff will request direction at the workshop to compile remaining items for the formal application to be considered at the Council meeting on December 4, 2006. ATTAC)EI1IMNTS: • Draft Budget alternatives on page �J • Parks narrative on pages (— • City of Eagan 2007 Proposed Community Development Block Grant Fund Budget Original Original Original Original Proposed Activity Budget 03 Budget 04 Budget 05 Budget 06 Budget 07 07 designation Cedar Grove Redevelopment Cedar Grove Property Acquisition $231,418. $246,969 $101,100 $151,000 $102,000 Slum/Blight Relocation $27,500 $27,500 $27,500 LMI Demolition $50,000 LMI Swap with HOME Funds - Scattered Site CGD LMI $100,000 Youth and Family Development Services General Programming 10,904 11,000 10,900 $11,000 Camelian Park Improvements $25,000 Senior Services $35,000 LMI Total $242,322 $257,969 $239,500 $214,500 $214,500 Total LMI $112,500 UI "/6LMI 52% Available Funding (Approximate) $214,500 City of Eagan — Parks and Recreation • 2007-2008 Community Development Block Grant Request The purpose for CDBG funds is to provide a flexible source of annual grant funds for local governments that can be devoted to the activities that best serve their own particular development priorities provided that 1) the benefit low and moderate income persons as outlined by federal standards; 2) prevent or eliminate slums or blight and meet community development needs. With this in mind, Parks and Recreation is proposing the following public services for seniors. The senior population is a presumed benefited population approved by the HUD guidelines for CDBG funds. In addition, the 20/20 plan has identified the older adults as an increasing underserved population. These two factors coupled with national research 1) identifying an alarming increase in overweight and obese individuals, and 2) support for fitness, recreation and leisure activities to enhance and improve our quality of life support the investments outlined below. The additional services would provide opportunities to meet the needs of our working seniors and provide opportunities for new programs within the Lone Oak Room. These may include nutrition, fitness, and personal training, dance and art classes. 1. Providing public service: $35,000 a. $ 7,000 staff wages/mtrls (outreach & classes at senior living complexes b. $13,800 facility cost: extended senior center hours two evenings a week for 3 hrs. c. $ 3,200 staff extended hours of the senior center (as outlined in item b.) d. $ 9,000 staff wages for new senior classes (fitness, dance, art, walking etc) e. $ 3,000 materials and supplies for new classes • Justification: 1. Seniors are a limited clientele presumed benefited population. CDA defines guidelines for minimum age for senior housing projects as 55. These programs will target adults/ seniors 55 and older. 2. All requests meet the guidelines outlined by CDGB. 3. Responding to changing community needs, aging population. 4, Programmatically in line with 20/20 vision for recreation; young seniors, arts, health and wellness. 5. Research shows that individuals live longer, healthier and happier when engaged in healthy life style choices, including proper nutrition, physical activity, and social interaction. 6. Funding request blends outreach, facility fees, staff wages and equipment costs for a holistic approach to expanding services for the senior population. Tracking mechanisms for public service activities: 1. Reports via finance for wages. 2. Facility fee invoices 3. Check in system for senior center visitors and program participants to capture demographic data (ethnicity, head of household ...). 0 • Agenda Information Memo November 21, 2006 Special City Council Meeting V. DIFFLEY PEDESTRIAN TUNNEL ACTION TO BE To consider 1.) Direction to provide any additional research for the City Council relative to removal of a fence in the Diftley pedestrian tunnel; or 2.) Approve or deny a request by the Caponi Art Park Learning Center to remove the Difiley Road pedestrian tunnel and, if approved, direct preparation of a resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park and for preparation of a license agreement which will retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to the Caponi Art Park under terms acceptable to the City. The resolution and license agreement would be brought back at a future meeting. FACTS: • • Mayor Geagan had a meeting with Mr. and Mrs. Anthony Caponi on Wednesday, November 15, 2006 and the result of that meeting asked that consideration be given to their request to remove the fence that divides the tunnel into two narrow passageways and allow the Caponi Art Park to have full use of the tunnel for maintenance equipment, park vehicles for tours and various Art Park Learning Center events as well as pedestrian movement including the ability to better assist elderly and handicapped. • A request to remove the fence has been under consideration for a period of time; however, there has been no presentation made to the City Council for formal consideration by the City Council. The question was again raised in late summer and the City Administrator asked for input by the City Attorney who prepared a memorandum addressing the Diffley tunnel in September 2006; a copy of the City Attorney's memo is referenced in the attachments. • The City Administrator spoke with Cary Felbab, Chair of the Caponi Art Park Learning Center Board of Directors, and he is forwarding an email this weekend which will be provided to the City Council on Monday. He will be present at the meeting on Tuesday. • If the City Council addresses the Comprehensive Guide Plan issues identified in the attached memorandum by the City Attorney, it would be necessary to find by resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park. • If the City Council is inclined to have the Art Park control the tunnel, the Council • should use a license agreement which would retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to I the Caponi Art Park under terms acceptable to the City; again, as outlined by the • City Attorney in his memo (see attachment). ATTACHMENTS: Enclosed on pages I— through 13— is a copy of correspondence from Anthony Caponi, Caponi Art Park Learning Center, to the City Administrator September 2005 with a copy of the underpass diagram and a timeline that was provided to Mayor Geagan at his meeting on November 15, 2006. Also enclosed is a copy of a legal memorandum from the City A orney Michael D1 ou erty entitled "Diffley Tunnel' and referenced as pages through • • 0 September 26, 2005 • Tom Hedges City Administrator CMNI � City of Eagan LEARNING CENTER 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, As a follow-up to our August 10, 2005 meeting also attended by City Council Member Mike Maguire, Dakota County Commissioner Tom Egan and City Engineer Tom Colbert, and after discussing the matter with members of the Art Park Board of Directors, I petition the City of Eagan on behalf of the Caponi Art Park and Learning Center to restore the full use of the Diffley Road underpass to the Art Park as originally intended In 1992 when Diffiey Road was being widened, I requested an underpass to connect the two sections of the Art Park. The City agreed to put in a smaller tunnel than I had specified. I then paid the difference to have the present underpass installed, including lights, to meet the needs of the Art BOARD OF DIRECTORB Park GARY FELBAB PA.w.a The fence that divides the underpass into two narrow passageways may CHIPL�IN�oE1KE have been a necessary compromise, at a time when the City doubted my ROBERT GAVIN. JR ability to see the Art Park project to completion. Now that the Art Park is a Treauaaf . • reality and the partnership with the City reaffirms the Art Park's ANTHONY dedication to serving the community I'm sure you'll agree that the fence is MICHAEL MAGUIRE a detriment to our shared goal. PAUL VERRET There are numerous problems with the Art Park's restricted use of the underpass. The most important relate to safety and utility. The 8ft-wide passageway, created by dividing the underpass in two is • a bottleneck for movement within the Art Park. It is too narrow to accommodate park vehicles and pedestrians. The Art Park makes ample use of golf carts for tours and to assist elderly and handicap park visitors. The carts crowd pedestrians and they cannot pass one another in the tunnel, and even though passengers are instructed to keep their hands within the cart the narrowness of the passageway is a known risk to children that we cannot ignore. It is difficult to get maintenance equipment from one side of the park to the other. The concrete wall of the underpass shows fire marks from trying to avoid hitting the fence with the bobcat and it is almost impossible to carry any tool that sticks out beyond the width of our equipment. The public half of the underpass has become a gathering place for people involved in questionable activities. It is usually littered with broken bottles and other trash that Art Park staff has had to clean because it is too narrow 1 2 0 S D 1 F F L E Y for City maintenance equipment to access. Art Park staff has also had to ROAE A G A N D M N consistently police the underpass to discourage vandalism and graffiti. SS123 s , . a s a • s < , z As to its intended value to the public, the underpass is seldom used and it Inro�cePonrortpark.orp www capomartipvk.org is the only place in the city that has an underpass to get from one side of the street to the other. There are no homes on the south side of Ditiley 9. between Lexington Way and Malmo Lane to create the need for people to • cross the road. There also is no need for the underpass as an access to Patrick Eagan Park because there already is a direct link from the bike path on the north side of Diffley to the City park. (See the attached diagram.) Dear Tom, I write this letter as the Art Park administrator and as the person who has kept complete records on the Art Park's history. I address myself to you not only as the City Administrator but as the person at the City who is most familiar with the history of the park. I am ready to answer any questions that you and the City Council may have. You can expect active cooperation from the Art Park Board and staff to facilitate this necessary correction. Sincerely, Anthony Caponi Artistic and Administrative Director Caponi Art Park and Learning Center Encl: Underpass Diagram • /V Relationship of Bike Path along Diffley Road to Caponi Art Park Underpass Patrick Egan Park is Road Directly Connecting Bike Path to Patrick Egan Park/'tom,-' i s.. \#„ x..1,0 3 \c ,r `.1 i , 4 1 DtMey Road _ Capon[ Art Park 's And Learning Center` ,. N I is Timeline 1990 April 26 Breakfast meeting on-site with City Council. • All agreed to work together as partners in creation of Art Park. May 15 City landscape architect makes 3-d model of park Aug. 24 Meeting with Ken Vraa and Betty Ivey, Macalester Provost to discuss the school's participation in project. Nov. 8 City Council passes resolution establishing partnership and committing to "taking leadership role." Dec. 11 City surveys 60 -acre park. 1991 Sept. 27 Opening of Tony's retirement exhibition Sept. 28 First public open house for Art Park 1992 Jan. 14 Meeting with Tom Hedges and Ken Vraa — working on a common project. Feb. 4 Meeting with Ken Vraa, Tom. Colbert, Dave Zeck — laid out specifications for underpass. April 14 Ken Vraa offered $100,000 from park funds for underpass. • April 23 Challenging City Council meeting April 24 Meeting with Tom Hedges and Jim Sheldon m studio — made offer April 25 City Council accepts May 22 Insisted on original design of underpass May 27 Meeting with Ken Vraa and Dave Zeck — told of security need for total control of underpass, separate from park trail to Patrick Eagan Park. May 31 Meeting with Pam McCrea and Pat Awada — insisted not share underpass. June 22 General meeting to resolve issues Dec. 15 Compromise Tunnel agreement adopted by City Council 1993 March 18 Road construction bids accepted Disqualified bid would have been $80,000. $38,950 balance due. • March 19 Paid $29,650 of Tunnel costs. Remainder Assessed 2005 March 15 Paid approx. $30,000 remaining balance Cost Per Contract for Accepted Bid U Lights/Other Costs Total Tunnel Cost Amount Paid w/ Contract Amount Assessed Approximate Amount Paid Total Paid for Tunnel 0 • $ 38,950 + 9.150 $ 48,100 - 29,650 3/19/1993 $ 18,450 + interest $ 30,000 59.650 13 3/15/2005 Part of $82,200 assessments paid 0 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: September 7, 2006' RE: Diffley Tunnel This memo is in response to your request of whether the City can close the tunnel under Diffley Road to public use and allow the Caponi Art Board full control of the tunnel. The answer is yes, subject to policy decisions by the Council. Leaving aside the issue of the cost of a tunnel and whether the City would look to be reimbursed for.its cost, the review of whether the City can transfer the tunnel begins with its Comprehensive • Guide Plan. Within the Park and Recreation System Plan of the Guide Plan is the identification of a full trail on the north side of Diffley Road between Pilot Knob and Lexington and a trail traversing easterly from Pilot Knob to the point of the tunnel entrance along the south side of Diffley Road. The tunnel acts as a pivotal portion of the trail system connecting the south to the north side. Also, the Transportation Plan of the Guide Plan identifies the existing trails along Diffley Road in similar fashion to the Park and Recreation System Plan. However, the Transportation Trail System also identifies a proposed trail along the south side of. Diffley Road from the tunnel connection to Lexington. The Council should address the Guide Plan to determine what, if any, modifications would need to be made to the Park and Transportation Plans if the tunnel were placed under the control of the Caponi Art Park. In the early 1990's, the City entered into a joint power agreement with Dakota County for the upgrade of Diffley Road from Pilot Knob Road to Lexington Avenue. As part of the upgrade, the City intended to provide trail segments along the north and south side of Diffley Road. The installation of a trail along the south side of Diffley Road would have had a significant impact on the property owned by Tony Caponi. Discussions ensued with Tony and the County about alternatives that would have less impact on the Caponi property. In furtherance of these discussions, the City worked with Dakota County to include the design of a tunnel under Diffley Road that would provide the public with a walking, hiking and biking trail connecting the south with the north trail along Diffley Road. • • In March of 1993, the City entered into an agreement with Tony Caponi which related to the design, construction and control of the tunnel. The agreement provided for the design and construction of an alternate pedestrian access (the "tunnel") that included a fence, to segregate the traffic flow within the tunnel so as to allow its use by patrons of the Art Park. This is the tunnel which got built. The agreement provided that the Caponis would be assessed for the increased cost for the alternate designed tunnel and that the City would pay 45% of the base design and Dakota County was to pay for the remaining 55% of the base design. The City's portion of the cost was made from its major street fund. Furthermore, the agreement provided that the tunnel shall be under the control and ownership of the City and the City agrees to maintain it in a physical condition which will accommodate the intended use of both parties. Finally, the agreement notes that it may be amended only upon written agreement signed by both parties. Assuming the Council addresses the Guide Plan issues, the Council would then need to find by resolution that a public purpose exists that would be served through the control of the tunnel by the Art Park (e.g. continuity of use by patrons of the Art Park, maintenance of the Art Park, etc.) Finally, if the Council is inclined to have the Art Park control the tunnel, the Council should use a license agreement which would retain ultimate ownership of the tunnel by the City, but would give possession and management of the tunnel to the Caponi Art Park under terms acceptable to the City. I hope this addresses your concerns. If you have any questions, please give me a call. • MGD/jlt 11 157 City of Eajan Ycno TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 21, 2006 SPECIAL CITY COUNCIL MEETING V. -DIFFLEY PEDESTRIAN TUNNEL Enclosed on page is a copy of correspondence sent to the City Administrator from Cary Felbab, President, Board of Directors of the Caponi Art Park, dated September 8, 2005 regarding the removal of the fence under the Diffley Road underpass. This item was copied to the City Council at the time and given to the APrC for review. The APrC considered the request and had discussion with Tony and Cheryl Caponi at the December 19, 2005 APrC meeting. At the conclusion of the discussion, the APrC requested that the Caponis provide more detail • concerning where new fences would be placed if the tunnel fence was removed and that an opinion regarding the impact to pedestrian traffic be obtained from City Engineering staff. The Capons did not follow up with further information therefore the APrC has not taken further action. • Enclosed on pages 1 -7 and! is a copy of the December 19, 2005 APC minutes. • Enclosed on pages ande is a copy of the APC staff report. • Enclosed on page W is a copy of the Engineering comments related to the request. • Enclosed on page is a copy of a memo by Administrative Intern Walz also summarizing public p ose findings for the tunnel. /s/ Thomas L. Hedges City Administrator U E 1215 Diffley Road Eagan, MN 55123 September 8., 2005 Mr. Tom,Hedges City of Eagan Eagan, MN. Dear Mr. Hedges: On behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like to petition the City of Eagan to have the fence removed from under the Diffley Road underpass. Building upon the partnership that we have forged together in the creation of the Caponi Art Park, I'm sure you'll agree that the fence is at odds with our shared goals with respect to future success of the park. • You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom Colbert where we discussed the merits of this idea. There are numerous problems with the current situation such as difficulty keeping the bike path clear of debris and the fact that the area has become a gathering place for people involved in questionable activities. It is our belief that these problems could be solved by removing the fence. This would allow the Art Park to continue to operate as a unified whole and would still provide a bike path on the north side of the road to serve as the connector to Patrick Egan Park. It was suggested that the appropriate next step would be.a formal petition from the Caponi Art Park; to the City. It is my hope that this letter can serve as the catalyst to get the process started to address this issue. I'd be happy to present a more detailed analysis of the advantages of these changes to any audience you deem appropriate. In addition, the Caponi Art Park would be willing to take responsibility for the labor and reasonable costs associated with removal of the fence. I look forward to your guidance on our next steps and very much appreciate the role you have played in bringing the Caponi Art Park into existence. Cordially, Cary James Felbab President, Board of Directors Capon Art Park and Learning.Center rn �W Advisory Parks Commission Minutes of Regular Meeting of December 19, 2005 Page 2 Edi Nc-i00—Y-W�1[fr h;iot Director Johnson provided a brief overview of recent department activities for the parks, recreation and facilities divisions. She also noted that the manner in which the information was provided by the various divisions reflects an effort to share events and activities that specifically meet targeted goals for enhanced. services and opportunities to the community. Member Filipi moved, Member Danner seconded with all present members voting to make a recommendation to the City Council to approve the Eagan Place 2ad Addition proposal as presented. There were no items to review under Development -Proposals BAND SHELL AND PA SYSTEM RENTAL FEE Director Johnson introduced this item noting that the Eagan Rotary Band Shell has primarily been used for Parks and Recreation sponsored events or as part of ECC wedding rentals. As the interest in the use of this facility increases a fee structure is needed to respond to the requests. Director Johnson reviewed the fee structure and. responded to questions from commission members. It was clarified that the half day and full day designation would be consistent with existing pavilion reservations. After further brief review, Member Peterson moved, Member Bari seconded with all present members voting in favor to recommend to the City Council that the following fees be included in the fee structure: Rental of the Bans Shell only: Half day Full dav' Resident $340.00 $ 640.00 • Non-resident 425.00 800.00 Rental of Band Shell w/sound system* • Resident $540.00 $1000.00 • Non-resident 675.00 1250.00 *Required staff technician at $20/hour CAPONI ART PARK BOARD REQUEST Director Johnson introduced this item noting, that the Caponi Art Park Board is requesting that the fence currently installed in the Diffley Road pedestrian tunnel be removed to allow for transport of their equipment through the tunnel and to allow better pedestrian access when the Art Park is open for public events. She provided brief background information regarding the initial installation of the fence which runs down the middle of the walkway for the full length of the tunnel to allow for public pedestrian • crossing of Diffley Road from the boulevard trails while prohibiting access to the private Art Park. While the request from the Art Park Board only addresses the issue of removing the fence from the tunnel it has 17 Advisory Parks Commission Minutes of Regular Meeting of December 19, 2005 • been noted that there is an interest in changing the park's boundary fences to fully surround the tunnel and Prohibit public access except when the Caponi Art Park is open to the public. Tony and Cheryl Caponi, 1205 Diffley Road, provided an extensive overview and additional histori cal background regarding the initial installation of the tunnel that was constructed under Diffiey Road. They expressed their concern for transporting maintenance equipment from one side of the park to the other. In addition they shared concern that the public half of the underpass had become a gathering place for people involved in questionable activities and is littered with broken bottles and other trash. They opined that the underpass is seldom used and it is the only place in the city that has an underpass to get from one side of the street to the other. Mr. Caponi continued that his main interest was to maintain the in and security of the park now that it is her more heavily used and attended. Member Danner asked about the main reason for the tunnel. Mr. Caponi responded that it was intended to get people from the north property of the Art Park to the south property. When asked about where the boundary fence might be relocated, Mr. Caponi explained that they would prefer that people enter and exit the park in one location; near the amphitheater. Member Peterson opined that although she had little concern for removing the fence from the middle of the tunnel she was more concerned about people continuing to have access to Patrick Eagan Park and that the access off Diffley Road needs to remain open. Director Johnson reiterated that the tunnel provides the pedestrian crossing for general trail users and provides a mid -point crossing on Diffley Road between Pilot Knob and Lexington. Members Belfiori and Davis expressed an interest in obtaining more information since there seemed to be •several unanswered questions. Member Peterson asked who currently owns the parcel with the amphitheater. Mr. Caponi responded that the park is a single entity so it would be wrong to say who owns what. Member Peterson responded that if it is all one park that access becomes even more important to the public. Mrs. Caponi responded that anyone using the tunnel can access the Art park whenever it's open but -that there is almost no general use of the tunnel. Member Danner asked the Caponis to identify where the new fence line might be located. Although a specific location was not clearly, defined the intention was to close off the north entrance of the tunnel and incorporate it into the Art Park northerly property. The Caponis opined that this option would provide a higher level of security but would not impact access to Patrick Eagan park from Diffley Road. Mr. Caponi added that it was their hope that this could move forward quickly so that there is no further delay to this request. Members Zipf and Lodhi reiterated other commission members' concerns regarding the need for more thorough information. Member Lodhi commented that thetunnel serves a purpose to pedestrians and was concerned that moving the fence would restrict that use. After further extensive discussion, Member Peterson moved, Member Davis seconded with all present members voting in favor to table the discussion pending receipt of the following information: • Have the Caponi Art Park and Learning Center Board of Director provide an illustration of where the fence outside the tunnel would be proposed to be located. • Obtain an opinion from the Engineering Department regarding the impact to pedestrian traffic if the fence is moved. • Bring the above information back to the Acquisition/Development Subcommittee for further • • review and consideration before bringing the issue back to the whole Advisory Commission. Input regarding the County's plan for Diffley Road over the this review. next 10 years was also requested_for 9A City of Eagan EMO Parks aad Recreatioa ' M AGENDA ITEM: TO: FROM: CAPONI ART PARK BOARD REQUEST ADVISORY PARKS COMMISSION Date: December 19, 2005 Agenda Item: 1-1; Capord Art Park Board Request ActionX Informadon ®. Attachments PX 1. JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION ITEM DESCRIPTION: The Caponi Art Park Board has submitted a letter requesting that the City allow removal of the fence from the Diffley Road pedestrian tunnel ,: . BACKGROUND The pedestrian tunnel under Diffley Road was constructed in 1992 through a cost share between the City and Anthony Caponi. The intention being the creation of both a private and public pedestrian crossing of Diffley Road and a physical connection between the north and south Caponi parcels, said parcels to become what is now the Caponi Art Park. At the time of construction, a fence was placed in the Diffley Road pedestrian tunnel. The fence runs down the middle of the walkway for the full length of the tunnel. The fence allows for public pedestrian crossing of Diffley Road from the boulevard trails via the tunnel while prohibiting access to the private Art Park. The Caponi Art Park Board has requested that the fence be removed to allow for transport of their equipment through the tunnel and to allow better pedestrian access when the Caponi Art Park is open for public events. To accomplish this, the Art Park Board has proposed changing the park's boundary fences to fully surround the tunnel and prohibit public access except when the Caponi Art Park is open to the public. ANALYSIS The original design of the tunnel called for a smaller passage and no fence. At the behest of the Caponis, a wider tunnel with a fence was bid as an alternate. Per the agreement, the Caponis paid for the additional cost of the alternates. The current fence placement allows for public use of the tunnel at any time. This access provides a safe pedestrian crossing of Diffiey Road A signalized pedestrian crossing is available at the intersection of Lexington and Diffley. An existing trail extends from the north endof the tunnel to the southerly border of Patrick Eagan Park where it dead ends. Currently, pedestrian use of the tunnel to access either the Art Park or Patrick Eagan Park is very minimal. The Capons do use the tunnel as access for small -equipment operating between the north and south parcels. Maintenance of the tunnel amenities, lights etc, is provided by City staff. y C • U The letter of request does not state that the Caponi Art Park Board wishes to block the tunnel to general public use. However, staff received further information at a meeting on site with Anthony Caponi. Mr. Caponi stated that his intent was to change the fence line around the Caponi Art Park property to include the entire tunnel within the fence. This -would block the tunnel to public use except when the Caponi Art Park is open. DISCUSSION/EVALUATION: There are several aspects of the original tunnel agreement that are important to the consideration of the request; • Per Article 4; "The purpose of the of the Pedestrian Access" (i.e. tunnel) " is to provide the public with a walking, hiking and biking trail connecting the north with the south side of Diffley Road........... • Per Article 10; Upon acceptance..... "Thereafter, the Pedestrian Access shall belong to and be under control and ownership of the City and the City hereby agrees to maintain the Pedestrian Access in a physical condition which will accommodate the intended use of both parties to this Agreement" • Per Article 11; This agreement may only be amended upon a written agreement of both parties As stated earlier, use of the tunnel by the public has been minimal. This may be due in part to the Patrick Eagan link being unfinished, thereby making the existing trail to the north a "path to • nowhere." The fixture extension of this connection would best be evaluated as part of a future master plan for Patrick Eagan Park. Should the connection be developed into the park, a mid -block crossing of Diffley at this location may be advantageous. Because it is unlikely that the Caponi homestead would become an accessible "public" element of the Art Park for some time, the segregation of use provided by the fence may continue to be appropriate. ALTERNATIVES FOR CONMISSION CONSIDERATION 1. Recommend that the request to remove the current fence be denied. C1 2. Recommend that the request be approved. r�10 01�/ Caponi Tunnel n Park i Tunnel 11 C� ( i -� � r,; i - 4r`Ty` �C`^C y �. '. � 1 I (�4 1 '. C tl � i I'l 4 ! y., _ ,,� �; r � R,. :a �'' ,: a5 i '��� �' ¢ �. .4 'I kF i '.i. i- I i' � L 1, — � � J �9 �I��n i 1215,Diffley Road Eagan, MN 55123 Mr. Tom Hedges City of Eagan Eagan, MN Dear Mr. Hedgesi Item: T - I Attachment:*aI eW. rac plftlast RECEIVED U o6 4 ewes) OCT 0 4 2005 BY: On behalf of the Board of Directors of the Caponi Art Park and Learning Center, I would like to petition the City of Eagan to have the fence removed from under the Diffley Road underpass. Building upon the partnership that we have forged together in the creation of the Caponi Art Park, I'am sure you'll agree that the fence is at odds with our shared goals with respect to future success of the park You may recall a recent meeting with Tony Caponi, Mike Maguire, Tom Egan and Tom • Colbert where we discussed the merits of this idea There are numerous problems with the current situation such as difficulty keeping the bike path clear of debris and. the fact that the area Vitas .beopme• a gathering Alam for people involved in questionable activities. It is our belief that these problems could be solved by moving the fence. This would allow the Art Park to,continue.to operate as a unified whole and would still provide a bike path on the north* side of the road to serve as the connector to Patrick Egan Park- It arkIt was suggested that the appropriate next step would be a formal petition from the Caponi Art Park to the City. It is my hope that this letter can serve as the catalyst to get the process started to address this issue. I'd be Happy to present a more detailed analysis of the advantages of these changes to any audience you deem appropriate. In addition, the Caponi. Art Park would be willing to take responsibility for the labor and reasonable costs associated with removal of the fence. I look forward to your guidance on our next steps and very much appreciate the role you have played in bringing the Caponi Art Park into existence. Cordially, �� Aeta6b. Preidtmlr Board.of Directorss. ,. Capon, Art Park and I.earnin C g enter.. ..' _ ,.. • a7 0 • • Relationship of Bike Path along Diffley Road 'to Capon Art Park Underpass I Road DireWy Connecting I Bike Path to Patrick Egan Park D'Mey Road 0 Patrick Egan Park w - Capon) Art Park And Learning Center BOARD OF DIRECTORS CARY FELBAB Predtlmi CHIP LSJDMQE r ROBERLeAV +. JR ANTHONY CAPONI CHERYL CAPON[ MICHAEL MAGUIRE PAUL VERREr 1205 DIF FL EY ROAD EAGAN. MN 55123 .51.454.5412 �� September 26, 2005 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, RECEIVED OCT 2.5 Z005] As a follow-up to our August 10, 2005 meeting also attended by City Council Member Mike Maguire, Dakota County Commissioner Tom Egan and City Engineer Tom Colbert, and after discussing the matter with members -of the Art Park Board of Directors, I petition the City of Eagan on behalf of the Caponi Art Park and Learning Center to restore the full use of the Diffiey Road underpass to the Art Park as originally intended. In 1992 when Diffley Road was being widened, I requested an underpass to.connect the two sections of the Art Park. The City agreed to put in a smaller tunnel than I had specified I thea paid the difference to have the present underpass installed, including lights, to meet the needs of the Art Park The fence that divides the underpass into two narrow have been a necessary1?as�$ewbte may my ability to see the Art Park project mpledo when w that the Art the City Park is a reality and the partnership with the City reaffirms the Art Park's dedication to serving the community I'm sure you'll agree that the fence is a detriment to our shared goaL There are numerous problems with the Art Park's restricted use of the underpass. The most important relate to safety and utility. The 8ft-wide passageway, created by dividing the underpass in two is a bottleneck for movement within the Art Park, It is too narrow to accommodate park vehicles and pedestrians. The Art Park makes ample use of golf carts for tours and to assist elderly and handicap park visitors. The carts crowd Pedestrians and they cannot pass one another in the tunnel, and even though passengers are instructed to keep their hands within the cart the narrowness of the passageway is a known risk to children that we cannot ignore. It is difficult to get maintenance equipment from one side of the park to the other. The concrete wall of the underpass shows tire marks from trying to avoid hitting the fence, with the bobcat and it is almost impossible to carry any tool that sticks out beyond the width of our equipment. The public half of the underpass has become a gathering place for people involved in questionable activities. Itis usually littered with broken bottles and other trash that Art park staff has had to clean because it is too narrow for City maintenance equipment to access. Art Park staff has also had to consistently police the underpass to discourage vandalism and graffiti. As to its intended value to the public, the underpass is seldom used and it is the only place in the city that has an underpass to .get from one side of: the street to the other. There are no homes on the souih_ side of Diffley a9. L� A 0 • 0 Relationship of Bike Path along Dney Road to Capon Art Park Underpass Road Directly Cormeciing Bike Path tD Patrick Egan Park Diiftey Road Patrick Egan Park Capons Art Park And Learning Center City of Eap 1110 TO: JM SEYDELL JOHNSON, PARKS & RECREATION DIRECTOR FROM: RUSS MATTHYS, CITY ENGINEER DATE: DECEMBER 20, 2005 SUBJECT% DHq?LEY ROAD TUNNEL I am writing in response to your e-mail inquiry of December 20, 2005, regarding a request from the Caponi Art Park Board to remove the fence that divides the Diffley Road pedestrian underpass and allow them to use the entire tunnel only for Art Park events and activities. You had attached a copy of a memo that you had written regarding the history of the tunnel. It appears in your memo that you researched the situation well and seemed to provide most of the reason why the public access needs to remain through the tunnel. In addition to the likely future • trail connection to Patrick Egan Park that you referenced, the tunnel also provides connection between the trails on the south and north sides of Diffley Road. The missing Transportation Trail & Park Trail Systems segment of trail on the south side of Duey Road east of the tunnel to Lexington Ridge is likely to never be completed due to the topography adjacent to this segment of the County highway. The tunnel is necessary to allow the safe movement of pedestrians and other trail users from the south side of Duey Road to points east of the tunnel, including high pedestrian traffic generators (Lexington Duey Athletic Facility, shops/restaurams at Lexington & Diffley intersection). The loss of this public trail facility _ would not be supported by the Transportation Trail System or the Park Trail System. Please contact me with any questions. City Engineer C: Tom Colbert, Public Works Director Tim Platb, Transportation Engineer 251 • � City of Bain �o To: Parks and Recreation Director Johnson From: Administrative Intern Walz Date: December 30, 2005 Subject: Capon'. Art Park Tunnel As you requested, here is a brief summary of my findings regarding the public purpose underlying the City of Eagan's financial support and construction of the tunnel under Diffley Road between Pilot Knob Road and Lexington Avenue. The findings are based on an examination of Council minutes and supporting Project 607 documents as well as conversations with Public Works Director Colbert. • In brief, the installation of the tunnel achieved two public purposes: it was the more cost- effective option and it maintained trail connectivity. U The City's policy is to have trails along County roads. However, a natural bill made it difficult to establish a trail on south side of the new, widened Diffley Road. The City explored building a retaining wall on the south side to provide for a trail. However, slope and damages made this option very expensive. In addition, due to I& Capon's insistence that a tunnel would be critical to the viability of the Art Park, he offered to pay half of the tunnel's construction cost. This, in addition to the standard split of county road improvements between Dakota County (55%) and the City (45%), made the Diffley tunnel the most cost-effective option for the City. As a result of the trail on the south side of Diffley road being unable to continue due to the hill, the tunnel also provided trail connectivity. The proposed Diffley tunnel would provide connectivity between the trail on the south side of Diffley to the trail on the north side of Diffley without crossing a County road at an uncontrolled intersection. This connectivity supported the City's trail system as well as avoided potential public safety hazards of crossing at an uncontrolled intersection. Prior to the installation to the Diffley tunnel the City had never before financed an underpass intended for pedestrian use. However, despite lack of experience or precedent, the public purpose achieved by choosing the most cost-effective option and maintaining trail connectivity influenced the support of the City Council for the Diffley tunnel. AGENDA Rkw EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING November 21, 2006 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE 1. II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) 13L RECOGNITIONS & PRESENTATIONS 2 A. Swearing in of New Police Officers TV. CONSENT AGENDA P. 3 A. APPROVE MINUTES p 11 B. PERSONNEL ITEMS ?,13 C. APPROVE CHECK REGISTERS p ID. D. AUTHORIZE City Treasurer to complete application to US Bank for issuance of purchasing cards P. 1161 E. APPROVE 2007 Funding Application to Dakota County for the Community Landfill Abatement Funds Q, 17 F. APPROVE Premise Permit renewals for Mendota Heights Athletic Association to conduct pull -tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway P ZC G. APPROVE Premise Permit for Burnsville Hockey Club to operate a pull -tab operation at Timeout Restaurant, 286_4 Highway 55 H. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 946, (Thomas Center Drive - Street and Trail Improvements) P ZS I. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 948, (Westbury Addition - Street Improvement) P. 24 J. RECEIVE Feasibility Report and Schedule Public Hearing (December 19, 2006) for Project 949, (Lexington Square - Street Improvements) p. i.5 K. APPROVE Easement Agreement for Project 778 (TH 149 Upgrade) ?-?b L. AMEND the Commercial Park Dedication Fees based on recent Legislative changes F 30M. APPROVE Renewals of Existing Liquor Licenses for 2007 P.54 N. APPROVE extended hours of operation, Sprint Nextel (Sperry Water Tower—Antennae Repair) V. PUBLIC HEARINGS p -;55A. PROJECT 877, Final Assessment Hearing, Lexington Avenue (Lone Oak Road to TH 55) - Street Improvement (will be continued to December 4, 2006 Council meeting) 9,5(p B. -PROJECT 942, Deerwood Drive - Street Overlay 'P. C. PROJECT 943, Wescott Road - Street Overlay f VL OLU BUSINESS 'P, ODA. RECEIVE and Approve the Patrick Fagan Park Master Plan VII. NEW BUSINESS P 81A. PRELIMINARY SUBDIVISION - Dewitt Addition - A Preliminary Subdivision of 0.69 acres to create 2 single family lots located at 2804 Vilas Lane on Lot 1, Block 8, Country Home Heights in the NW'/4 of Section 03. IC6B. ORDINANCE AMENDMENT- Chapter 11, Window Signage -An Ordinance Amendment to the Sign Ordinance in Chapter 1 I to modify standards relative to window signage. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (there are not items at this time) X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL ADJ642U' The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Ab� City of Earn ko TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 179 2006 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 21, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 21, 2006 City Council agenda, the following items are in order for consideration. Agenda Memo November 21, 2006 RECOGNITIONS AND PRESENTATIONS Swearing in of New Police Officers FACTS: Police Chief McDonald will introduce new Police Officers David Streefland and Mark Kritzeck to the Council and community. After a brief introduction, they will be administered the oath of office by Mayor Geagan. The new officers began their employment on October 30, 2006, to fill two existing vacancies within the Police Department. Agenda Information Memo November 21, 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 To approve the minutes of the November 9, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 9, 2006 regular City Council meeting are enclosed on pages L_ through 10�_- MINUTES OF A REGULAR MEETING OF THE ®R EAGAN CITY COUNCIL I� Eagan, Minnesota November 9, 2006 A Listening Session was held prior to the regular City Council meeting on November 9, 2006 in the Eagan Room. Norm Gillerman representing the Mendota Heights Athletic Club requested the Council consider an ordinance amendment that would allow charitable gambling, in addition to pull tab, in bars and restaurants. Council directed staff to research the policies of other area cities. Kent Vicara requested the Council consider an ordinance that would prohibit people from asking for money along City streets. Chief of Police McDonald discussed the issue with Mr. Vicars. A regular meeting of the Eagan City Council was held on November 9, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mille Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper., AGENDA Item to be added to the Consent Agenda - Reschedule final assessment roll for project 877. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mike Schrader was recognized for 18 years of service with the City of Eagan, retiring after 28 years of law enforcement service. Grant Bolter, new reporter for Sun Current was introduced. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended. Aye: 5 Nay:0 A. Minutes. It was recommended to approve the minutes of the October 10, 2006 Special City Council meeting and the October 17, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers. 2. It was recommended to accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus Facilities. 3. It was recommended to approve the hiring of a community service office contingent upon successful completion of physical, drug and psychological testing. 4. It was recommended to approve the hiring of Matthew Mack and Barbara Normandin as full-time Managers -on -Duty at the Community Center. 5. It was recommended to accept the resignation from Sherri Nichols, part-time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check register dated October 19, 2006 and October 26; 2006 as presented. D. Donation It was recommended to approve a resolution accepting a $825 donation from Home Depot for the Fire Department. E. Grant. It was recommended to approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan Police Department. F.. Resignation. It was recommended to accept the resignation of Dean Haehnel from the Egan Airport Relation's Commission. G. Liquor License. It was recommended to approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. Eagan City Council Meeting Minutes November 9, 2006 Page 2 ®RAFT H. Cascade Bay User Rates and 2007 Budget. It was recommended to approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget including elimination of further consideration of the $1,000,000 advance from the Community Investment Fund (CIF). I. Release of Regulatory Agreement. It was recommended to approve the execution of release of regulatory agreement— Woodridge Apartments. J. Item removed K. Cedar Grove Redevelopment District. It was recommended to authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar Grove Redevelopment District L. Final Subdivision. It was recommended to approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre of land located at 2900 Skyline Drive in the SE %4 of Section 4. M. Final Subdivision. It was recommended to approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots upon 3.79 acres located at 3000 Denmark Avenue in the NE'%4 of Section 10. N. Proiect 776. It was recommended to receive the Final Assessment Roll for Project 776 (Yankee Doodle Road Extension — Street & Utility Improvements) and schedule a public hearing to be held on December 4, 2006. O. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public hearing to be held on December 4, 2006. P. Release of O'Neill Drive. It was recommended to approve a resolution authorizing the release and transfer of jurisdictional authority for a portion of O'Neill Drive within the City of Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of Eagan, and authorize initiation of annexation proceedings with the City of Mendota Heights. Q. Contract 06-08. It was recommended to reject the bids for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements). R. Easement Vacation It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2nd Addition, and schedule a public hearing to be held on December 4, 2006. S. Lease Agreement. It was recommended to approve a resolution authorizing the City to enter into a lease agreement with Dakota County for the installation of radio communications equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor and City Clerk to execute all related documents. T. Item Removed. U. Design Contract. It was recommended to approve a contract with JAL Architects for the design of a service building to be constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to sign the contract and any related documents on behalf of the City. V. Proiect 874. It was recommended to approve an Assessment Settlement Agreement with John Cina for Project 874 (Gift of Mary — Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. W. Ordinance Amendment —City of Fagan. It was recommended to direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the requirement for a footing inspection for all new pylon signs and an obligation of double sign permit fees for permanent signage installed without a Sign Permit. X. Project 877. It was recommended to reschedule the public hearing for Project 877 to December 4, 2006 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills to Dakota County stating there are currently ten delinquent false alarm bills, with an assessable amount of $1,570. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councihnember Maguire seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 9, 2006 OPAFT Page 3 /y T CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills to Dakota County, stating there are currently six delinquent weed cutting bills with an assessable amount of $1,751.88. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Geagan moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the certification of delinquent utility bills to Dakota County, stating there are approximately 526 utility bill accounts with delinquent payments in the assessable amount of $101,355.89. 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 — LOT 3,,BLOCK 1, SPECTRUM BUSINESS PARK SPECTRUM DEVELOPMENT City Administrator Hedges introduced this item regarding a 5 -foot and a 10 -foot variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, City Planner Ridley gave a staff report. Councilmember Carlson noted that the request was identical to the previous Variance request approved in 2001. Councilmember Maguire moved, Councilmember Fieldsseconded a motion to approve a'5 -foot and 10 -foot variance to the minimum 20 -foot parking setback for an office building on Lot 3, Block 1, Spectrum Business Park, in the NW 1/, of Section 2. Aye: 5 Nay: 0 PROJECT 928, MEADOW VIEW ROAD / ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for Project 928, Meadowview Road / Alexander Road street overlay improvements. Public Works Director Colbert noted that as a result of questions raised at the informational meeting regarding assessment amounts, the City Attorney has recommended that the final assessment roll be revised which will require re -notification of all property owners. No action was taken. OUTLOT A, RIVERPARK OFFICE CENTER EASEMENT VACATION City Administrator Hedges introduced this itemregarding an easement vacation for Outlot A, Riverpark Office Center. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes November 9, 2006 Page 4 aN Fl Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of a portion of public drainage and utility easements within Outlot A, Riverpark Office Center and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS CANVASS OF BALLOTS — NOVEMBER 7, 2006 MUNICIPAL ELECTION City Administrator Hedges noted that state law provides that within seven days after an election, the governing body of a city conducting any election including a special municipal election shall act as the canvassing board, canvass the returns, and declare the results of the election. Councilmember Fields moved, Councilmember Maguire seconded a motion to certify the results of the November 7, 2006 Municipal Election. Aye: 5 Nay: 0 NEW BUSINESS CONSIDER PROPOSAL FROM EAGAN ART HOUSE City Administrator Hedges introduced this item regarding a proposal from the Eagan Art House Board to have the Eagan Art House operations become part. of the Parks and Recreation Department. Parks and Recreation Director Johnson gave a staff report. Councilmember Carlson movedCouncilmember Tilley seconded a motion to approve the proposal from the Eagan Art House Board to have the Eagan Art House operations become part of the Parks and Recreation Department. Aye:5 Nay:0 WETLAND DELINEATION REPORT — WETLAND REPLACEMENT PLAN LONE OAK BUSINESS CAMPUS City Administrator Hedges introduced this item regarding a Wetland Delineation Report / Wetland Replacement Plan for Lone Oak Business Campus. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Carlson seconded a motion to receive and affirm the wetland delineation report and approve the wetland replacement plan by Lone Oak Development, LLC for wetland impacts of the proposed Lone Oak Business Campus development. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT — LONE OAK DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights. City Planner Ridley gave a staff report. Gary Tushie, Tushie Montgomery Architects, was present to answer questions. Discussion included proposed trails and sidewalks and parking requirements. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Preliminary Planned Development to create an office park upon approximately 85 acres located north of Lone Oak Road west of Inver Grove Heights in the SE %4 of Section 01, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan Eagan City Council Meeting Minutes November 9, 2006 Page 5 OPAFl • Signage Plan 2. A Final Planned Development Agreement shall be executed for each building/lot of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. This development shall be subject to RD, Research and Development, zoning district setback requirements. 5. A minimum of 50% green space shall be provided for the overall development 6. Parking setbacks shall be provided in accordance with the City's zoning code. 7. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. S. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that exceeds the number provided, the additional parking shall be provided through structured parking such that the total green space is not reduced. 9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall not exceed one story and 35 feet in height Buildings 6 and 7, shall not exceed five stories and 75 feet in height 10. A detailed landscape plan shall be submitted at the time of Final Planned Development for each building, overlaid on the grading and utility plans and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of certified landscape architect.. 11. A site lighting plan shall be submitted at the time of Final Planned Development for each building. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 foodcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within parking lots shall not be greater than 4:1. 12. Building architecture and materials shall comply wit the City's architectural standards ordinance. All buildings within this Planned Development shall utilize some common architectural features and materials. 13. Trash enclosures shall be provided in accordance with City ordinances, attached to the principal structure and constructed of materials to match the principal structure with gates or doors having at least 90% opacity. 14. All ground and roof -mounted mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. 15. Site and building signage shall be subject to City Sign Code standards. One monument sign is permitted for each building and all monument signs in this Planned Development shall be consistent in design and size and be constructed of the same materials. 16. The future park dedication for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect) 17. The future trails dedication for the development(s) shall be satisfied through a cash dedication. A full credit may be given for portions of a trail within the grade of the primary public roadway, consistent with the City Transportation plan and built to City specifications. Additional credit may be granted, upon staff review, for on-site trails determined to provide connectivity and obvious public value, all found to be consistent with the over-all resource protection measures implemented on the site: 18. Water quality requirements shall be met through the construction of on-site treatment ponds. 19. The developer shall modify the outlet structures of the treatment ponds to increase storage times in the ponds and allow retention of up to 5 -year storms and infiltration through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in infiltration basins, and other low -impact Best Management Practices shall be incorporated as needed to further reduce phosphorus load and runoff volume further. 20. A cash water quality dedication will be due for the amount of land area that drains stormwater off-site without treatment payable at the time of final plat or issuance of building permit, whichever occurs first. 21. The wetland delineation report must be formally accepted by the City Council prior to approval of the Preliminary Planned Development 22. The City Council must make a formal decision regarding the acceptability of the wetland replacement plan prior to approval of the Preliminary Planned Development. Eagan City Council Meeting Minutes November 9, 2006 , Page 6 23. The applicant shall be responsible for submitting a Tree mitigation Plan at the time of Preliminary Subdivision that satisfies any tree mitigation required for the development. Tree mitigation shall be in addition to required landscaping mitigation.. 24. The applicant shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 25. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 26. 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. 27. 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. 28. Public improvement projects providing for pipe outlets for Ponds FP -8 and FP -9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 29. The grading and site plan shall be revised to reflect street grades below 6 percent on the collector roadway. 30. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 31. The internal roadway/service drive system of the site plan should be modified to reflect restriction of access to Lone Oak Road per Dakota County requirements. 32. At time of subdivision approvals, this development shall accept the City's determination of responsibility and per acre costs for mitigative traffic improvements as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City pursuant to an escrow agreement in a form acceptable to the City Attorney. 33. 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. 34. 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. 35. 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. 36. To the extent that cross parking is utilized, cross easements shall be provided at the time of final subdivision in a form acceptable to the City Attorney. 37. 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 (in a form acceptable to the City Attorney). 38. 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. 39. 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. 40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 41. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 42. The financial guarantee for landscaping shall be included in the Development Contract and shall not be released until two years after the date of City certified compliance. Eagan City Council Meeting Minutes November 9, 2006 Page 7 ^� / 43. If any improvements are improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 44. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. RESOLUTION OF SUPPORT FOR CEDAR GROVE TRANSITBRT STATION CONCEPT PLAN City Administrator Hedges introduced this item regarding support for the Cedar Grove TransitBRT Station concept plan. Community Development Director Hohenstein introduced Beverly Miller, MVTA who thanked the Council for consideration of the proposed concept plan. Theresa Olson, TKDA, made a presentation regarding the BRT station concept plan. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a resolution of support for the Cedar Grove TransitBRT Station Concept Plan. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION OF THE NOISE OVERSIGHT COMMUNITIES ON THE METROPOLITAN AIRPORTS COMMISSION City Administrator Hedges discussed proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Jason Ziemer made a presentation regarding the proposed legislation. Councilmember Carlson moved,.Councihnember Tilley seconded a motion to approve the proposed legislation from the local Noise Oversight Committee regarding community representation on the Metropolitan Airports Commission. Aye: 5 Nay: 0 The regular City Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA Councilmember Carlson moved, Councilmember Tilley seconded a motion to schedule a,Special City Council meeting for Tuesday, November 21 at 4:00 p.m. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:05 p.m. 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. Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Lieutenant— ACTION TO BE CONSIDERED: To approve the promotion of Roger New from Police Sergeant to Lieutenant. Item 2. Sergeant— ACTION TO BE CONSIDERED: To approve the promotion of Steve Bolluyt from Police Detective to Sergeant. Item 3. Community Service Officer— ACTION TO BE CONSIDERED: At the November 9, 2006 City Council meeting, the hiring of a community service officer was approved contingent upon successful completion of required testing. Testing has been completed; the name of the new CSO is Paul Kuehnast. This item is informational only with no action required. Item 4. Health Insurance Provider -- ACTION TO BE To approve the retention of Blue Cross/Blue Shield as the City's health insurance provider for calendar year 2007. Item 5. Dental Insurance Provider— ACTION TO BE CONSIDERED: To approve the retention of Delta Dental as the City's dental insurance provider for calendar year 2007. Agenda Information Memo November 21, 2006 Eagan City Council Meeting Item 6. VEBA & Flex Spending Plan Vendor— ACTION TO BE To approve the retention of America's VEBA Solutions to perform the administration services for operation of the High DeductibleNEBA insurance plan and to administer the City's flexible spending plan for calendar year 2007. (Both teamsters, Clerical and Maintenance Units, accepted the insurance as proposed above through a one-year contract for 2007.) Agenda Information Memo November 9, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 9, 2006 and November 16, 2006 as presented. ATTACHMENTS: • Check registers dated November 9, 2006 and November 16, 2006 are enclosed without page number. Agenda Memo November 21, 2006 Eagan City Council Meeting CONSENT AGENDA: D. Authorize City Treasurer to complete application to US Bank for issuance of purchasing (credit) cards. ACTION TO BE CONSIDERED: To authorize the City Treasurer to complete an application to US Bank for issuance of One Card VISA purchasing (credit) cards. FACTS: • The City has been using VISA purchasing cards through US Bank since 1999. US Bank has recently instituted a new One Card program (still VISA) that offers several advantages over the existing program: o The program is serviced locally (vs. North Dakota) o Account and card management can be performed online o Potential for cash rebate exists. The program was created in conjunction with the 4M Fund specifically for local government units with the anticipation that the pooled volume will eventually be sufficient to generate rebates. • As with the existing program, the One Card program is offered at no cost to the City. • No changes to the list of authorized purchasers are proposed. Approximately two dozen current employees have been issued a purchasing card under the City's purchasing card policy adopted in 1999. ATTACHMENTS: 1F • � The One Card Applicant Authorization and Execution is attached on page 15 APPLICANT AUTHORIZATION AND EXECUTION By completing this One Card Program Application, Company acknowledges and agrees that•. (f) all information provided in this Application is true, complete and accurate and Company has authority to provide such information and complete such Application; (n) it requests that U.S. Bank establish a One Card Program and Accounts in the name of Company and issue Cards to its designated employees and representative in accordance with the Terms and Conditions of this Application; (iii) U.S. Bank will review this Application and may, at its sole discretion and at the terms imposed by it, grant such request, but that U.S. Bank is under no obligation to approve such Application; (iv) Company shag be bound by the Terms and Conditions contained herein; and (v) U.S. Bank is authorized to investigate, obtain, and exchange reports and information regarding this Application, any resulting accounts and the authorized officer executing this Application, with credit reporting agencies, Ed others with legit mate business aced for such reports or information. if this Appgration is approved by U.S. Bank at its own discretion Company acknowledges and agrees that the Terms and Conditions attached to this Application, with the Application information, shag constitute the Terms and Conditions of the Agreement between Company and U.S. Bank, which shag become effective on the Effective Date as referenced in the Tern and Conditions. Company catfies to U.S. Bank that the person executing this Application is authorized by Company in accordance with its organization Hiles and applicable law to bind the Company to the Terms and Conditions of this Application, including the authority to incur debt in the name of the Company. Company certifies that the signer's authorization to bind the Company and incur debt in the name of the Company is evidenced by the following: ❑ The signer is an officer as indicated on Company's SEC 10-K Form (no additional information needed). ❑ The signer is an officer of the Company and is acting in his or her capacity as an agent of the Company. Furthermore, the signer represents and warrants that he or she is duly authorized by an applicable Bylaw, Article or other Corporate Authority to enter into transactions of this nature. Company represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for the Company to be duly bound by this Agreement. (no additional information needed unless requested). If one of the above boxes cannot be checked, or if in the opinion of U.S. Bank's Credit Department father proof of authority is necessary customer must provide a Corporate Certificate of Authority that complies with CompaWs Articles of Organization or Bylaws. Once completed, please check box below and submit original document along with this application. ❑ Company has completed the U.S. Bank Corporate Certificate of Authority (attach copy of completed Certificate). By signing below, each individual signing this Application in his or her capacity as an authorized signing officer of Company and not in his or her personal capacity, certifies and warrants that (a) all action required by Company's organizational documents to authorize the signer(s) to act on behalf of Company in all actions taken under this Application and the Terms and Conditions, including but not limited to, the authority to incur Debt on behalf of Company, has been taken; (b) each signer is empowered in the name of and on behalf of Company to enter into all transactions contemplated in this Application; and (c) the signatures appearing on all supporting documents of authority are authentic. Company has read, understood and agrees to all Tema and Conditions in this Application and U.S. Bank is entitled to act in reliance upon the authorizations and certifications set forth in this Application. ♦ In witness whereof, Company has, by its duly authorized signer, executed this Application and agrees to the Terms and Conditions. As signer, I have read this Application and have authority to bind Company and agree with the Terms and Conditions, individually and on behalf of Company. Dated this _ day of 200_ by: Customer Signature Printed Name of Authorized Individual Printed Tide of Authorized Individual Second Signature (if -pi d by the company's orpauauo d guild=) Printed Name of Authorized Individual Printed Title of Authorized Individual FOR U.S. BANK USE ONLY Please attach a copy of Personal Guarantee if required for lending purposes. DATE of OFAC Banker's Employee IPM AM Searched by Treasury Management Employee ID CPS Sales Contact Name Billing Type Approved: ❑ Biweekly Billing Cycle ❑ Monthly Billing Cycle: Central Billing ❑ Monthly Billing Cycle: Central Billing and Individual Billing Association Selected for Program: ❑ visa ❑ Master Card Agenda Memo November 21, 2006 Eagan City Council Meeting E. CONSIDER APPROVING 2007 FUNDING APPLICATION TO DAKOTA COUNTY FOR THE COMMUNITY LANDFILL ABATEMENT FUNDS ACTION TO BE CONSIDERED: Approve the submission of the 2007 Funding Application from Dakota County to operate a Recycling Program for the cities of Eagan, Apple Valley and Burnsville . FACTS: • Dakota County has funds available annually to help constituent cities promote and operate Landfill Abatement (Recycling) Programs. • The Cities of Burnsville, Eagan, and Apple Valley formed a partnership (Dakota Valley Recycling) that combined their recycling program efforts in June of 2003. • Staff has prepared one application for all three cities, which will be submitted to Dakota County to fund the program in 2007. • The application for the Community Landfill Abatement Program follows Dakota County solid waste guidelines and recommendations. • The total proposed Landfill Abatement Program request from Dakota County for 2007 is $135,900. There are three major elements to this budget request: 1. Base level funding for the Recycling Program. Dakota County has set their maximum share for this part of the budget at $126,900. 2. Local Negotiated Initiatives. Dakota County is offering additional money for projects that support the Dakota County Solid Waste Master Plan outcomes: Dakota Valley Recycling is applying for $9,000 to fund one project (Decision Makers Sustainability Survey). There are no matching funds required for the Negotiated Initiatives. 3. Enhanced services are program costs above and beyond what is funded by Dakota County. The proposal includes supplemental funding from the City of Burnsville in the amount of $13,500 to pay for services specific to the City of Burnsville. The City of Burnsville budgets for these services out of their Landfill Host Fee fund. These services include administering the hauler licensing program in Burnsville, coordinating the Household Hazardous Waste Collection event, and coordinating the Spring Appliance/Electronics Collection. Additional or Enhanced Services shall be performed for the Cities of Eagan and Apple Valley as requested on a "pay as you go" basis. The Community Landfill Abatement Application, Budget and the 2007 Work Plan will be available in the City Administrator's office should Council Members wish to review them. ATTACHMENTS: • None. Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA F. PREMISE PERMIT RENEWALS FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ACTION TO BE Approve Premise Permit renewal for Mendota Heights Athletic Association to conduct pull - tab operations at Valley Lounge, 3385 Sibley Memorial Highway and LaFonda de Los Lobos, 3665 Sibley Memorial Highway. FACTS: • The Mendota Heights Athletic. Association has applied with the Minnesota Gambling Board for the renewal of their premise permits at Valley Lounge and LaFonda de Los Lobos. • Mendota Heights Athletic Association has operated pull -tab operations in the City of Eagan since 1998. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: • The proposed resolutions are attached as pages 19) - 19 . • The application is available for review in the Administration Department. 1� RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON VALLEY LOUNGE PREMISES WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the Valley Lounge, 3385 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the Valley Lounge, 3385 Sibley Memorial Highway. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL It's Mayor Those Against: None Attest: It's Clerk Date: November 21, 2006 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6d' day of December, 2004. Maria Petersen, City Clerk IF2 RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISEYERMIT RENEWAL FOR MENDOTA HEIGHTS ATHLETIC ASSOCIATION ON LAFONDA DE LOS LOBOS PROPERTY WHEREAS, the Mendota Heights Athletic Association has applied for a gambling control board premise permit renewal for the year 2007 for the LaFonda de Los Lobos, 3665 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, this is a renewal of an existing premise permit; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Mendota Heights Athletic Association application for a premise permit renewal for the year 2003 at the LaFonda de Los Lobos, 3665 Sibley Memorial Highway. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL By: It's Mayor Those Against: None Attest: It's Clerk Date: November 21, 2006 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6'h day of December, 2004. Maria Petersen, City Clerk 19 Agenda Memo November 21, 2006 Regular City Council Meeting CONSENT AGENDA G. PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB ACTION TO BE CONSIDERED: Approve Premise Permit for Burnsville Hockey Club to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. FACTS: • The Burnsville Hockey Club bas applied with the Minnesota Gambling Board for a premise permit to conduct pull -tab operations at Timeout Restaurant and Sports Bar, 2864 Highway 55. • Burnsville Hockey Club has complied with requirements of the City Code to operate in the City of Eagan. • The application has been reviewed by the Police Department, • Staff deems the application in order for approval. ATTACHMENTS: • The proposed resolution is attached as page Zl . • The application is available for review in the Administration Department. ZO RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB . ON TIMEOUT RESTAURANT AND SPORTS BAR PROPERTY WHEREAS, the Burnsville Hockey Club has applied for a gambling control board premise permit for the year 2007 for the Timeout Restaurant and Sports Bar, 2864 Highway 55, 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 Burnsville Hockey Club application for a premise permit for the year 2007 at the Timeout Restaurant and Sports Bar, 2864 Highway 55. Motion by: Seconded by: Those in Favor: All CITY OF EAGAN CITY COUNCIL By: It's Mayor Those Against: None Attest: Date: November 21, 2006 CERTIFICATION It's Clerk 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6d' day of December, 2004. Maria Petersen, City Clerk 21 Agenda Information Memo November 21, 2006 Eagan City Council Meeting H PROJECT 946, THOMAS CENTER DRIVE - STREET IMPROVEMENTS THOMAS LAKE ROAD — TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 946, Thomas Center Drive — Street Improvements/ Thomas Lake Road Trail Improvements and schedule a public hearing to be held on December 19, 2006. FACTS: • A structural mill and overlay of Thomas Center Drive, from Thomas Lake Road to Cliff Road, in south-central Eagan is programmed for 2007 in the City of Eagan's 5 - Year CIP (2007-2011). • The installation of a bituminous trail along the west side of Thomas Lake Road, from Thomas Center Drive to the Highline Trail, is also programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the .Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 21 Agenda Information Memo November 21, 2006 Eagan City Council Meeting I. PROJECT 948, WESTBURY ADDITION STREET EUPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Westbury Addition, south of Westcott Road and west of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Monday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 23 Agenda Information Memo November 21, 2006 Eagan City Council Meeting J. PROJECT 949, LEXINGTON SQUARE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 948, Westbury Addition (Street Improvements) and schedule a public hearing to be held on December 19, 2006. FACTS: • On June 6, 2006 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of streets within Lexington Square Addition, south of Westcott Road and east of Lexington Avenue. • A structural mill and overlay of these streets is programmed for 2007 in the City of Eagan's 5 -Year CIP (2007-2011). • On June 6, 2006 the City Council directed staff to prepare a feasibility report identifying the scope, cost, financing and schedule for these proposed improvements. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, December 19, 2006. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 2q Agenda Information Memo November 21, 2006 Eagan City Council Meeting K PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for'Project 778 (TH 149 Upgrade — Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-22465-030- 01 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four - lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the temporary easement for this property initially indicated a value of about $4,250. An offer. was accordingly forwarded to the property owner. • The property owner incurred legal fees for review of the associated appraisal and easement documents. These legal fees were not included in the offer. Therefore, the property owner requested additional compensation for these expenses. • In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the appraiser has suggested a revised offer of $5,250 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owners of Parcel 10-22465-030-01, Lot 3, Block 1 Eagan Pointe, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 2.5 Agenda Memo November 21, 2006 City Council Meeting L. AMEND THE COMMERCIAL / INDUSTRIAL PARK DEDICATION FEES BASED ON RECENT LEGISLATIVE CHANGES ACTION TO BE CONSIDERED: To approve an amendment to the method of calculating Park Dedication for Commercial/Industrial developments, consistent with recent Legislation. FACTS: • Recent Legislation requires a consistent and justifiable approach to determining the amount of park dedication, be it cash or land, required of a developer. As result, the City Attorney has advised that aspects of the current City dedication process be amended • Currently, City park dedication for residential developments is determined through a formula that includes an "acres per person" constant while the Commercial/Industrial calculation is based upon "net buildable acres". • The amended formula is modeled after examples, provided by the City Attorney, of the method used in several other neighboring municipalities, and is based upon the same "acres per person" constant used in calculating dedication for residential developments in the City, with credit given for the non-resident status of potential employees. • In most instances, depending upon the development application, the amended method of calculation will result in the amount of dedication being slightly more, but occasionally less, than that resulting from the current use of "net buildable acres". • The amended method of calculation can be used for determining a.dedication of either cash or land. • The City Attorney and Advisory Park and Recreation Commission have reviewed the proposed amendment. ATTACHMENTS (1) • APrC write-up; pages to �. City of Eap MEMO Date: November l4, 2006 Agenda Item: DLA; Commercial Park Dedication Fee Modification Action X Information Attachments AGENDA ITEM: IX. A; COMMERCIAL PARK DEDICATION FEE MODIFICATION TO: ADVISORY PARKS COMMISSION PREPARED BY: JULI SEYDELL JOHNSON, DIRECTOR OF PARKS & RECREATION ITEM OVERVIEW: Consideration of an alternative method of calculating park dedication for new developments considered as Commercial/Industnal BACKGROUNDIHISTORY: When evaluating a development proposal the City has the option of requiring that park and trail dedication be satisfied through a cash payment, in lieu of a land dedication. The method of calculating a cash dedication for all non-residential developments is based upon a,formula that incorporates estimated land value and numerical factors derived from park acres per 100 users and persons per unit. In contrast, the dedication amount for Commercial/Industrial developments has been calculated based upon "net acres" a measurement of what is considered usable space. In light of new legislation requiring that municipalities utilize a measurable and consistent method of determining cash dedications, the City Attorney has recommended that the formula used to determine Commercial/Industrial dedication be modified to incorporate a quantitative calculation versus qualitative. The method may also be used to.determine the amount of a land dedication ANALYSIS: One method suggested by the City Attorney is that used by the City of Apple Valley. It creates a numerical representation of the impact that a CommerciallIndustrial development may have on park and recreational facilities. The calculation is based upon a number of factors including; The average number of persons/employees per 1000 square feet of building • Suggested for Industrial = 1 person per 1000 square feet • Suggested for Commercial (& office) = 3 persons per 1000 square feet 2--7 2. A "person (resident) equivalency" which assumes that a person working at the building may be a non-resident and therefore demand or require fewer park services as compared to a resident. Use of park and recreational facilities/services may be limited to occasional trail use, picnicking and employee ball games. • Suggested equivalency= .5 (1/2) 3. A land factor that estimates, per person, the amount of park land needed to achieve the level of park service established by the City. • Suggested standard =.012 acres per person (Based upon the current Eagan standard of providing 12 acres per 100 residents = .012 acres per person) AV uses .0095 4. The value of the undeveloped land. Eagan has opted to use the value established by the County for tax purposes rather than a more volatile comparable sales method. Examples,• Commercial; Industrial 3 x 0.5 x 0.012 x $96,500 = $1737 per 1000 square feet of building (AV @ $1846) (1) (2) (3) (4) 1 x 0.5 x 0.012 x $78,800 = $473 per 1000 square feet of building (AV @ $624) (1) (2) (3) (4) (1) = Average persons per 1000 square feet (2) = Resident equivalency (3) = Acres of park land per person (4) = Land value Comparison• Assume a 1 acre Commercial property with a proposed 5000 square foot building /up to 30 % coverage is allowed ( 43560 x 30% = 13,000) Cash dedication under current system/calculated per net acre, 1 acre (—) any easements and Right of Way (example) =.9 net acres x $6,080 = $5,472 Cash dedication under proposed system/calculated per 1000 square feet of building 5000 square feet / 1000 = 5 x $1737 = $ 8,685 Notes; The area of the building is calculated on total square footage, not simply the foot print. Each floor of a multiple story building would be included. Should it be desirable to accept land in lieu ofcash dedication an area calculation would be made using the acres per person value of. 012 and the prorated equivalency for an employee versus a resident. ALTERNATIVES FOR CONUMSSION CONSIDERATION: 1) Recommend that the method used to calculate a Park Dedication for Commercial/Industrial developments be modified so as to be based upon the square footage and estimated employee occupancy of a building. The calculation shall be described as; Cash (A x B x C x D) x (total sq footage/1000) = Dedication Description (A)Average number of persons per 1000 square feet x (B)Resident equivalency x (C) A per person land factor x (D)Land value per County assessed values Rate per 1000 square feet of building x (total sq. footage/ 1000) = Cash Dedication Amount Values (A) =1 for Industrial development = 3 for Commercial/Retail Office (B) = 0.5 (1/2) (C) = 0.012 acres (D) = TBD Land (A x B x Q = Land Dedication Equivalent in acres 2) Recommend no change at this time 3) Recommend other method 7 z9 Agenda Information Memo November 21, 2006, Eagan City Council Meeting M. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2007 ACTION TO BE To approve the renewals of existing liquor licenses for 2007, subject to review of applications, payment of fees and Police Department reviews: FACTS: ➢ The liquor license renewals for the year 2007 include the following: (16) off -sale liquor (28) on -sale liquor (26 restaurants and 2 hotels = 28 total) (6) on -sale wine and beer (8) on -sale beer (14) off -sale beer (1) brew pub off -sale malt liquor (1) sports/conventionfacility ➢ These renewals are in the process of completion and should be approved subject to review and recommendation by the Fagan Police Department, payment of fees and submittal of required documents. ATTACE[MENTS (1): Liquor license renewals on pages3l through. WIN 2007 Off -Sale Liquor Licenses —s,tii _ ain _.- �.._ibe ' .. A iifte :.A 1 Amber Liquor of Eagan, Inc. Amber Liquor 4250 Lexington Ave. South Ts Discount Liquor Big Discount Liquor, Inc. 3900 Cedar Grove Parkway Sidoo, Inc. Big Top Wines & Spirits 1284 Town Centre Drive Black Diamond Liquor, LLC Black Diamond Liquor 525 Diffley Road, Suite 2050 Diffley Liquor Inc. Blackhawk Liquor 4130 Blackhawk Road ByeByerly Beverages Inc. Berl 's Wines & Spirits 1299 Promenade Place Madco Incorporated Cedar Grove Liquor 1967 Silver Bell Road Cellars Wines/S IHWEagan Inc. Cellars Wines & Spirits 2113 Cliff Road CJ of Eagan LLC Comers Liquors 3090 Courthouse Lane E & M Liquor LLC E & M Liquor 1444 Yankee Doodle Road K -Li uor, Inc. K -Li uor 1274 Lone Oak Road K & J Liquors, LLC MGM Wine & Spirits 4182 Pilot Knob Road Melina P. To MT Liquory 1629 Lena Court #105 Perrier & Associates, Inc. Perrier Wines & Spirits 1960 Cliff Lake Road #101 Sam's West Inc. Sam's Club # 4738 3035 Denmark Avenue Suite 1 International Business Enterprises, Inc. T.L. Liquors 1565 Cliff Road Suite 18 & 19 2007 On -Sale Wine & Beer Licenses 1 7 --TAD, , s . sVlf _ Fratelli Tre, Inc. Carbone's Pizzeria 1665 Yankee Doodle Road Hoban Korean Restaurant, Inc. Hoban Korean Restaurant 1989 Silver Bell Road J & R Group, Inc. Italian Pie Shoppe & Winery 1438 Yankee Doodle Road The Noodle Shop Co. - Colorado, Inc. Noodles & Company 1340 Town Centre Drive Sambol, Inc. Sambol Restaurant 1260 Town Centre Drive Jesimo, Inc. Steakbones Grill 1448 Yankee Doodle Road 2007 On -Sale Liquor. Licenses 2007 Sports/Convention Facility License t - 7iD a6ie` . � ` ::�, - -- ° L'�eertse?, dd Gavin Burnette Management Inc. Al Bakers Restaurant 3434 Washington Drive Apple America Ltd. Partnership of MN.Applebee's Neighborhood Bar & Grill 1335 Town Centre Drive Charlie Rae, Inc. Axel's Bonfire Wood Fire Cooking 1555 Cliff Road Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's Bar & Grill 3883 Cedar Grove Parkwa Casper's Cherokee Sirloin Room Eagan Inc. Cherokee Sirloin Room 4625 Nicols Road Chili's of Minnesota, Inc. Chili's. Southwest Bar & Grill 3625 Pilot Knob Road Coo eras Restaurant, Inc. Cooper's Restaurant 4185 South Robert Trail T.C.B.H., Inc. Ai ort/Ea an 2700 Pilot Knob Road Don Pablo's Operating Corp. Don Pablo's 1280 Promenade Place Cliff Corporation Doolitties 2140 Cliff Road' Cerrito Colorado, Inc. EI Loro Mexican Restaurant 1428 Yankee Doodle Road Arzu's Restaurant Concept, Inc. Gen hi's Grill 1304 Town Centre Drive Granite City Food & Brewery LTD Granite City Food & Brewery 3330 Pilot Knob Road GRME, LLC Green Mill Eagan 1940 Rahncliff Court HGIE, LLC Hilton Garden Inn Eagan 1975 Rahncliff Court Wheatstone Restaurant Group, LLC Houlihans 1294 Promenade Place Eagan Jakes, Inc. Jakes City Grille 1288 Promenade Place Jensen's Supper Club, Inc. Jensen's Supper Club 3840 Sibley Memorial Highway Joe Senser's of Eagan, Inc. Joe Senser's Sports Bar & Grill 3010 Ea andale Place Cuz, Inc. LaFonda's 3665 Sibley Memorial Highway Lost Spur Golf Course, Inc. Lost Spur Golf Course 2750 Sibley Memorial Highway Ansad Corp. Mediterranean Cruise CaM 3945 Sibley Memorial Highway Wadsworth Old Chicago, Inc. Old Chicago Pizza 1312 Town Centre Drive Starks 1, Inc. Ricke 's CaM/Starks Saloon 3125 Dodd Road Hall & Convention Center, Inc. Royal Cliff 12280 Cliff Road Time Out Management Eagan, Int. Time Out Restaurant & Sports Bar 12864 Highway 55, Suite 900 Latt, Inc. Valley Lounge 13385 Sibley Memorial Highway Viva Italia LLC Viva Italia 11629 Lena Court 2007 Sports/Convention Facility License t - — ^ ; - `Z s :aae4 Burnsville Development Ltd. Holiday Inn Burnsville 114201 Nicolle Avenue, Burnsville 2007 On -Sale Beer Licenses 2007 Off -Sale Beer Licenses w �,-.Ci nseetName _z:,: Davanni's Inc. Davanni's Pizza 1960 Cliff Lake Road Dragon Palace Restaurant Dragon Palace Restaurant 1466 Yankee Doodle Road M. Cheng, Inc. Hong Wong 2139 Cliff Road Parkview Golf Associates LLC Parkview Golf Club 1310 Cliff Road Patricia Boudrea Piccolo's Pizzeria 4162 Pilot Knob Road ,Sky Ventures, LLC. Pizza Hut #401023 1325 Town Centre Drive Vlla a House Ii, Inc. Que met 1272 Town Centre Drive West End Hunting Club lWest End Hunting Club 1535 Gun Club Road 2007 Off -Sale Beer Licenses w �,-.Ci nseetName _z:,: - °. �� A, ainel _ `.ra , .: .: : Lice _: e• . rqs SUPERVALU INC. Cub Foods 1940 Cliff Lake Road Holiday Stabonstores, Inc. Holiday Stationstore.#232 4595 Nicols Road Holiday Stationstores, Inc. Holiday Stabonstore #247 3615 Pilot Knob Road Kwik Trip, Inc. Kwik Trip #662 3145 Dodd Road Twin Cities Stores, Inc. Oasis Market Store #518 3390 Coachman Road Twin Cities Stores, Inc. Oasis Market Store #576 3150 Dodd Road Twin Cities Stores, Inc. Oasis Market Store #594. 1286 Lone Oak Road PDQ Food Stores, Inc. PDQ #214 4198 Pilot Knob Road RBF, LLC of Wisconsin Rainbow Foods 1276 Town Centre Drive Sam's West Inc. Sam's Club #4738 3035 Denmark Avenue Speedway Su erAmerica LLC Su erAmerica #4049 4200 East Highway 13 Speedway SuperAmerica LLC Su erAmerica #4182 1406 Yankee Doodle Road Speedway Su erAmedca LLC SuperAmerica #4335 1379 Town Centre Dr. [Speedway Su erAmerica LLC ISuperAmerica#4464 12250 Cliff Road 2007 Brewpub Off -Sale Malt Liquor License -10 N� tie =DBANairie Granite City Food & Brewery Ltd. lGranite City Food & Brewery 3330 Pilot Knob Road Agenda Information Memo November 21, 2006 Eagan City Council Meeting N. REQUEST FOR EXENDED HOURS OF OPERATION SPRINTNEXTEL ANTENNAE REPAIR — SPERRY WATER TOWER ACTION TO BE CONSIDERED: Approve extended hours of construction operations for SPRINTNEXTEL on the Sperry Water Tower to include 1-5 am. on December 1 & 2, 2006. FACTS: • SPRINTNEXTEL currently has 12 antenna panels on the Sperry Water Tower. They need to switch out 6 of their existing panels and reposition 6 others. Their system at this location currently feeds a repeater system for Northwest Airlines and they are limited as to when they can tum the system off. While the work itself is not noise intrusive, it will require the use of a boom truck with lights to access the panels attached to the water tower. They expect to complete the work in one evening (Dec. 1), but have requested the second night as a back up for the unknown. This work has been reviewed by the Public Works Utility Division and found to be in order for favorable Council consideration. ISSUES: • The Sperry Water Tower is located across Towerview Rd from the Timberwood Townhome development. While it is not anticipated that there will be any significant/noticeable impact to this residential area, the work is programmed for a weekend evening to minimize any possible conflict with a work/school night. Agenda Information Memo November 21, 2006 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 877, LEXINGTON AVENUE, LONE OAK ROAD TO TH 55 ASSESSMENT PUBLIC HEARING ACTION TO BE CONSIDERED: NO ACTION REQUIRED; The Project 877 (Lexington Avenue, Lone Oak Road to Trunk Highway 55 — Street Reconstruction and Overlay) public hearing has been rescheduled to be held on December 4, 2006. FACTS: • Project 877 provided for street improvement of the north one mile of Lexington Avenue (County State Aid Highway 43). The northern third was reconstructed and realigned when I -35E was built in 1983 and needed a maintenance surface mill and overlay as part of the project. The middle segment was over 35 years old with significant distresses and did not meet County structural design standards. This segment required a full reconstruction with new concrete curb and gutter. The southern segment was fully reconstructed in 1993 with the upgrade of the Lone Oak Road intersection and needed a surface mill and overlay. • The City was the lead agency on the improvement of this County highway. In accordance with County policy, the City is obligated to participate in 45% of the cost of any reconstruction (i.e. middle section) and all new trail installations. The City's policy for financing this obligation is to levy a special assessment against the adjacent properties benefiting from these street upgrade improvements. The trail improvement is not assessable and will be financed from the City's Major Street and Trail Fund. • This project, constructed under Contract 04-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • On October 17, 2006, the final assessment roll was presented to the City Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. A public hearing was scheduled for November 21, 2006. • On November 9, 2006, the City Council rescheduled the public hearing to be held on December 4, 2006. 35 Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. PROJ 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB RD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 942 (Deerwood Drive, Blackhawk Road to Pilot Knob Road — Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Deerwood Drive (Blackhawk Road to Pilot Knob Road) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • 'On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Deerwood Drive. • The project also provides for narrowing of Deerwood Drive at established pedestrian crosswalks at the Riverton Avenue and Rocky Lane/School entrance intersections, providing for safer pedestrian access. • On October 17, 2006, the feasibility report for Project 942 was presented to the City Council and a Public Hearing was scheduled for November 21 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on November 16 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 98 total properties (24 single-family, 70 townhome, and 4 public facility) proposed to be assessed under this improvement, eleven property owners representing ten properties attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages 3 Ithrough. (00 • Informational Meeting Minutes & Attendees, pages(0l and V02 i -lit _� -' City of Sagan Pat Geagan November 16, 2006 MAYOR Honorable Mayor and City Council - - City of Eagan Peggy Carlson 3 83 0 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Deerwood Drive (Blackhawk to Pilot Knob Road) Street Revitalization Meg Tilley City Project No. 942 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our report for the Deerwood Drive Street Revitalization, City Project No.942. CITY ADMINISTRATOR The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER 3830 Pilot Knob Road Sincerely, Eagan, MN 55122-1810 ?ohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax I hereby certify that this report was 651.454.8535 TDD prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 John P. Gorder 651.675.5300 phone 651.675.5360 fax Date: Reg. No. 22813 651.454.8535 TDD Reviewed By: 2 L�� www.cityofeagan.corri Dept. o4Public s Date: 1 I - I - oReview THE LONE OAK TREE Finance Dept. Date: The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal /Certification Table of Contents Page Introduction.......................................................................................................1 Scope................................................................................................................. 2 Feasibility and Recommendations.................................................:............................3 StreetEvaluation................................................................................................... 3 ProposedImprovements..........................................................................................4 Easements/Permits................................................................................................ 5 CostEstimate...................................................................................................... 5 Assessments........................................................................................................ 6 Low Density Residential (Single -Family & Townhome)....................................... 6 PublicFacility ............................................................................................6 Assessment Financing Options................................................................................. 6 Revenue Source................................................................................................... 7 ProjectSchedule....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 - 2A/B/C - 3 Location Map Street Improvement/Assessment Area Map Typical Section —Overlay November 2006 Neighborhood Street Revitalization Deerwood Drive Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance. strategies: In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The 1.3 miles of 48' wide Deerwood Drive, from Blackhawk Road to Pilot Knob Road, in central Eagan is identified for the 2007 street revitalization improvements. Figure 1, located in Appendix C, illustrates the project location. Deerwood Drive was constructed in stages between 1980 and 1986, as part of adjacent development, and in conjunction with the construction of I- 3 5E in the early 1980's. There have also been various utility excavations and patching along this roadway which have accelerated the overall deterioration of the pavement. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed (at 5 to 7 years, again at 12 to 14 years) with a bituminous overlay at approximately 20 years. Overlaying this roadway, which is mainly in the 20 to 25 year time frame, will prevent further decay of the, pavement surface, thus protecting and extending the structural life of the street. Deerwood Drive Page 1 Timely maintenance work, such, as bituminous patching, crack sealing and seal coating have occurred at- appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that Deerwood Drive was crack sealed in 1990 and seal coated in 1992, and seal coated again in 2000. Spot seal coating and patching has also occurred in the past few years. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 1.3 miles of roadway. Figures 2A/B/C, located in Appendix C, illustrates the project area. included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, pedestrian ramps, the construction of a concrete entrance apron, and traffic -calming pedestrian safety improvements. Deerwood Drive . Page 2 4\ Feasibility and Recommendations -This project is necessary to prevent finther decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of the street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 — 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --loo Routine Maintenance/Crack Seal/Seal Coat F3_6- 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct This portion of Deerwood Drive has a current pavement condition rating of 57 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the, preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age where, based on the City's past experience, the integrity of the pavement can rapidly decline if Deerwood Drive Page 4 _ no improvements are performed. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 4,'/s " bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous surface will be edge -milled to accommodate a 1'/: -inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb &'gutter/ sidewalk/ trail - Damaged curb & gutter and sidewalk/ trail will be replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the fust 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents Deerwood Drive Pags s prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turfgrass areas. Sidewalk/ Path Pedestrian Ramps — Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps on the concrete sidewalks and bituminous paths on local intersecting streets. Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meeting City and State standards. Traffic -calming/ pedestrian safety — "Chevron" pavement markings intended as a traffic -calming measure were installed on Deerwood Drive between Blackhawk Road and Riverton Avenue in 1997. These markings have had no affect on travel speeds on Deerwood Drive. In lieu of the chevron markings, it is proposed to narrow the traveled roadway (from 48 feet to 24 feet) in two areas Deerwood Drive Page 5O with existing pedestrian crosswalks, at Riverton Avenue and at Rocky Lane. This type of street narrowing has reduced vehicle speeds and provided added pedestrian safety in similar applications throughout the region and within the City. Driveway. Replacement —The Dakota Electric power substation (1760 Deerwood Drive) property was constructed with a bituminous driveway entrance and is proposed to be replaced with a concrete driveway apron consistent with current City standards to accommodate the heavy truck traffic to the substation. The entrance will be reconstructed with a 7" -thick concrete entrance apron. This driveway entrance replacement provides an entrance of adequate strength and width and is consistent with similar past projects in similar areas throughout the City. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Deerwood Drive is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 .construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Full Width Mill and Overlay W/ Signage & Striping $ 245,620 • Repair Ex. Concrete C & G/ Sidewalk/ Trail/ Traffic Calm $ 100,310 • Concrete Entrance Apron 6,700 Total Project Cost $ 352.630 Deerwood Drive Plage 6 4,5 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill - — and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3)* 50% 50% • Public Facility 75% 25% Repair Existing Concrete Curb and Gutter 0% 100% Driveway Replacement 100% 0% *A 32/48 street. width ratio is used to calculate the assessment for low-density properties on. collector streets. Deerwood Drive Page 7 Low Density Residential — Single -Family Lots (R-1) - All single-family residential equivalent properties having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for low- density residential properties (R-1, R-2, R-3). The estimated cost per residential. lot to be _ _assessed based on the City Assessment Policy is $679 per Single Family Lot and is calculated as follows: 1) % Single -Family Residential (81,2,3) = 2,531 ff. / 12,742 (total ff.) =19.9% 2) [$245,620 (NMI & Overlay Cost) x 50% x (32/48) x 19.9%] _ $16,290 [Total Single - Family Residential Assessment (R-1, 2, 3)] 3) $16,290 (Total Single Family Residential Assessment) 4 $679/ lot 24 Equivalent Single Family Residential Lots Low Density Residential — Townhome Lots (R-2, R-3) - All townhome residential properties (Deerwood Townhomes and Woodstone Townhomes) having private street access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable to these residential properties (R-2, R-3). The estimated cost per townhome residential lot to be assessed based on the City Assessment Policy is $156 per Lot and is calculated as follows: 1) % Townhome Residential (R2,3) = 1,693 ff. / 12,742 (total ff.) =13.3% 2) [$245,620 (Mill & Overlay Cost) x 50% x (32/48) x 13.3%] _ $10,890 [Total Townhome Residential Assessment (R2, 3)] 3) $10,890 (Total Townhome Residential Assessment) -> $156/ lot 70 Townhome Residential Lots DeerwoodDrive Public Facility - All public facility properties ,(Dakota Electric substation, Blackhawk/ Deerwood Schools, and the AT& T cell tower site) having direct access on to Deerwood Drive are proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these properties. The estimated cost per front foot to be assessed based on the City Assessment Policy is $13.27/ Front Foot and is calculated as follows: 1) % Public Facility = 2,214 ff. / 12,742 (total ff.) = 17.4% 2) [$245,620 (Mill & Overlay Cost) x 75% x (44/48) x 17.4%] _ $29,380 [Total Public Facility Assessment] 3) $29,380 (Total Public Facility Assessment) 4 $13.27/ F.F. 2,214 Public Facility F.F. Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $679 Townhome Lot = $156 Principal Per Year Interest Per Year Cost Per Year First Year $136 $37 $173 Fifth Year $136 $8 $144 Townhome Lot = $156 Deerwood Drive Page 9 Principal Per Year Interest Per Year Cost Per Year First Year $31 $9 $40 Fifth Year $31 $2 $33 Deerwood Drive Page 9 _ -__ - Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $289,370 (83% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .......... Neighborhood Meeting ............. Public Hearing .............................. ...............................October 17, 2006 .............November 16, 2006 .............November 21, 2006 MnDOT = Approval of Plans and Specifications .............................. City Council — Approval of Plans and Specifications ....................... Award Contract Project Completion Final Cost Report Final Assessment Hearing........ .... January, 2007 .... January, 2007 .. February, 2007 ..August 1, 2007 September, 2007 ..................................:.......... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Deerwood Drive Page I0 49 Project Cost Property Assessment City Contribution Mill & Overlay/ Signs $245,620 $56,560 ($189,060) Repair Existing Curb $100,310 -0- ($100,310) Conc. Entrance Apron $6,700 $6,700 -0- Totals $352,630 $63,260 ($289,370) The City's Major Street Fund will finance the estimated project deficit of $289,370 (83% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing .......... Neighborhood Meeting ............. Public Hearing .............................. ...............................October 17, 2006 .............November 16, 2006 .............November 21, 2006 MnDOT = Approval of Plans and Specifications .............................. City Council — Approval of Plans and Specifications ....................... Award Contract Project Completion Final Cost Report Final Assessment Hearing........ .... January, 2007 .... January, 2007 .. February, 2007 ..August 1, 2007 September, 2007 ..................................:.......... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Deerwood Drive Page I0 49 Appendix A -Street Overlay - City Project No. 942 - - -- - - . - Preliminary Cost Estimate --- _ Deerwood Dr. YILYILLLLLV WI VLa w• v Item Unit Est Qty, Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Edge Mill Bituminous Pavement S.Y. 8,600 $1.25 $10,750 Type 2350/60 Wear Course Mixture Ton 3,200 $40.00 $128,000 Bituminous Material for Tack Coat Gal. 1700 $2.00 $3,400 Adjust Water Valve Box - Riser Adjustment Each 14 $75.00 $1,050 Repair Valve Top Section Each 4 $275.00 $1,020 Adjust Frame & Ring Castro (Manhole). Each 4 $360.00 $1,440 R & R Frame & Ring Castro ole Each 9 $500.00 $4,500 MH Riser Installation Each 6 $140.00 $840 Traffic Control L.S. 1 $3,000.00 $3,000 Replace Traffic & Street Signs L.S. 1 $9,200.00 $9,200 Chevron Pattern White Striping L.F. 720 $2.00 $1,440 4 -Inch White Striping L.F. 12,800 $0.50 $6,400 4 -Inch Double Yellow Striping L.F. 1 6,400 $1.00 $6,400 Subtotal $179,940 + 5% Contingencies $9,000 Subtotal $188,940 + 30% Indirect Costs $56,680 TOTAL $245,620 Concrete Curb & Gutter/ Sidewalk/ Trail/ 12 Item Unit Est. Unit Price Est. Cost Remove Concrete Valley Gutter S.Y. 40 $10.00 $ 400 Remove Concrete Sidewalk S.F. 300 $5.00 $1,500 Remove Concrete Curb and Gutter L.F. 1,400 $6.00 $ 8,400 Remove Bituminous Pavement S.Y. 500 $5.00 $ 2,500 B618 Concrete Curb and Gutter L.F. 1,200 $16.00 $,19,200 D412 Concrete Curb and Gutter L.F. 200 $15.00 $ 3,000 T' Concrete Valley Gutter S.Y. 40 $50.00 $ 2,000 Adjust Frame & Ring Castro C.B) Each 24 $200.00 $ 4,800 R & R Frame & Ring Castro C.B) Each 1 $550.00 $ 550 12"RCP Catch Basin Leads L.F. 1 50 $50.00 $ 2,500 50 11 Catch Basin w/ Casting Each 6 $1,000.00 $ 6,000 Sod w/To soil S.Y. 220 $10.00 $ 2,200 Street Patching Ton 100 $70.00 $ 7,000 Bituminous Driveway Patching S.Y. 60 $24.00 $ 1,440 Truncated Dome Warning Paver 2' x 2' Each 45 $120.00 $5,400- 5,400•4" 4" Concrete Sidewalk S.F. 300 $5.00 $ 1,500 4" Cone Ped Ram w/ Wet Cast for Trun. Dom S.F. 1200 $4.25 $ 5,100 Subtotal $73490 + 5% Contingencies $3,670 Subtotal $77,160 + 30% Indirect Costs $23,150 TOTAL $100;310 Driveway Entrance Replacement Item Unit Est. Unit oty. Price Est. Cost Driveway Entrance Replacement S.Y. 70 $70.00 $4,900 Subtotal $4,900 + 5% Contingencies $250 Subtotal $5,150 + 30% Indirect Costs $1,550 Total -Driveway $6,7001 TOTAL PROJECT COST $352,630 12 51 Appendix B - City Project No. 942 Preliminary Assessment Roll -- — -- — — -- — -- - Deerwood Drive Street Overlay P.I.N. Lot Unit Eq uivalent Assessment Total Parcel (Single Famil Cedar Grove No. 8 1749 Deerwood Dr. 10-16707-120-10 1 $679 $679 1745 Deerwood Dr. 10-16707-110-10 1 $679 $679 1741 Deerwood Dr. 10-16707-100-10 1 $679 $679 1737 Deerwood Dr. 10-16707-090-10 1 $679 $679 1733 Deerwood Dr. 10-16707-080-10 1 $679 $679 1729 Deerwood Dr. 10-16707-070-10 1 $679 $679 1725 Deerwood Dr. 10-16707-0.60-10 1 $679 $679 1721 Deerwood Dr. 10-16707-050-10 1 $679 $679 1717 Deerwood Dr. 10-16707-040-10 1 $679 $679 1713 Deerwood Dr. 10-16707-030-10 1 $679 $679 1709 Deerwood Dr. 1046707-020-10 1 $679 $679 Subtotal 11 $7,470 Engstroms Deerwood 2nd Addition 1452 Deerwood Dr. 10-23901-010-01 1 $679 $679 1448 Deerwood Dr. 10-23901-020-01 1 $679 $679 1444 Deerwood Dr. 10-23901-030-01 1 $679 .$679 1440 Deerwood Dr. 10-23901-040-01 1 $679 $679 Subtotal 4 $2,720 Deerhawk Addition Block 1 1746 Deerwood Dr. 10-19910-030-01 1 $679 $679 1742 Deerwood Dr. 10-19910-040-01 1 $679 $679 1738 Deerwood Dr. 10-19910-050-01 1 $679 $679 Subtotal 3 $2,040 Oak Ridge Acres 1st Addition 1724 Deerwood Dr. 10-53700-010-01 1 $679 $679 1718 Deerwood Dr. 10-53700-020-01 1 $679. $679 1712 Deerwood Dr. 10-53700-030-01 1 $679 $679 1706 Deerwood Dr. 10-53700-040-01 1 1 $679 1 679 1700 Deerwood Dr. 10-53700-050-01 1 $679 $679 Subtotal 5 $3,600 13 52 Section 21 Townshiv 27 Ran a 23 1545 Deerwood Dr. 10-02100-020-08 1 $679 $679 Subtotal 1 $679 Parcel (Townhomes W/ Private Street Access to Deerwood Drive Woodstone Townhomes 1540 Stonewood Ln. 10-84900-010-01 1 $156 $156 1538 St6newood Ln. 10-84906-020-01 1 $156. $156 1536 Stonewood Ln. 10-84900-030-01 1 $156 $156 1534 Stonewood Ln. 10-84900-040701 1 $156 $156 1539 Stonewood Ln. 10-84900-340-01 1 $156 $156 1537 Stonewood Ln. 10-84900-330-01 1 $156 $156 1535 Stonewood Ln. 10-84900-320-01 1 $156 $156 1533 Stonewood Ln. 10-84900-310-Oi 1 $156 $156 1488 Deerwood Bend 10-84900-300-01 1 $156 $156 1490 Deerwood Bend 10-84900-290-01 1 $156 $156 1492 Woodstone Circle 10-84900-280-01 1 $156 $156 1494 Woodstone Circle 10-84900-270-01 1 $156 $156. 1496 Woodstone Circle 10-84900-260-01 1 $156 $156 1498 Woodstone Circle 10-84900-250-01 1 1 $156 $156 1500 Deerwood Bend 10-84900-240-01 1 $156 $156 1562 Deerwood Bend 10-84900-230-01 1 $156 $156 1504 Deerwood Bend 10-84900-220-01 1 $156 $156 1506 Deerwood Bend 10-84900-210-01 1 $156 $156 1508 Deerwood Bend 10-84900-200-01 1 $156 $156 15 10 Deerwood Bend 10-84900-190-01 1 $156 $156 1512 Deerwood Bend 10-84900-180-01 1 1 $156 $156 1514 Deerwood Bend 10-84900-170-01 1 $156 $156 1516 Deerwood Bend 10-84900-160-01 1 $156 $156 1518 Deerwood Bend 10-84900-150-01 1 $156 $156 1520 Deerwood Bend 10-84900-140-01 1 $156 $156 1522 Deerwood Bend 10-84900-130-01 1 $156 $156 1511 Deerwood Bend 10-84900-120-01 1 1 $156 $156 1513 Deerwood Berid 10-84900-110-01 1 $156 $156 1517 Deerwood Bend 10-84900-100-01 1 $156 $156 1519 Deerwood Bend 10-84900-090-01 1 $156 $156 1523 Deerwood Bend 10-84901-020-01 1 $156 $156 1525 Doerwood Bend 10-84901-010-01 1 $156 $156 1527 Deerwood Bend 10-84900-060701 1 $156 $156 14 1529 Deerwood Bend 10-84900-050-01 1 $156 $156 Subtotal 34 $5,300 Deerwood Townhomes 3992 Fawn Way 10-20201-040-02 1 $156 $156 3990 Fawn Way 10-20201-030-02 1 $156 $156 3988 Fawn Way,10-20200-200-01 1 $156 $156 3986 Fawn Way 10-20200-190-01 1 $156. $156 1551 Antler Point 10-20200-180-01 1 $156 $156 1553 Antler Point 10-20200-170-01 1 $156 $156 1555 Antler Point 10-20200-160-01 1 $156 $156 1557 Antler Point 10-20200-150-01 1 $156 $156 1559 Antler Point 10-20200-140-01 1 $156 $156 1561 Antler Point 10-20200-130-01 1 1 $156 $156 1563 Antler Point 10-20200-120-01 1 1 $156 $156 1565 Antler Point 10-20200-110-01 1 $156. $156 1567 Antler Point 10-20200-100-01 1 $156 $156 1569 Antler Point 10-20200-090-01 1 $156 $156 1571 Antler Point 10-20200-080-01 1 $156 $156 1573 Antler Point 10-20200-070-01 1 $156 $156 1575 Antler Point 10-20200-060-01 1 $156 $156 1577 Antler Point 10-20200-050-01 1 $156 $156 1579 Antler Point 10-20200-040-01 1 $156 $156 1581 Antler Point 10-20200-030-01 1 $156 $156 1583 Antler Point 10-20200-020-01 1 $156 $156 1585 Antler Point 10-20200-010-01 1 $156 $156 ''I 587 Antler Point 10-20201-020-01 1 $156 $156 1589 Antler Point 10-20201-010.-01 1 $156 $156 1588 Antler Point 10-20200-300-01 1 1 $156 $156 1586 Antler Point 10-20200-290-01 1 $156 $156 1584 Antler Point 10-20200-280-01 1 $156 $156 1582 Antler Point 10-20200-270-01 1 $156 $156 1572 Antler Point 10-20200-260-01 1 $156 $156 1570 Antler Point 10-20200-250-01 1 .$156 $156 1568 Antler Point 10-20200-240-01 1 $156 $156 1566 Antler Point 10-20200-230-01 1 $156 $156 3985 Fawn Way 10-20200-220-01 1 $156 6 3987 Fawn Way10-20200-210-01 1 $156 6 3989 Fawn Way10-20201-020-02 1 $156 6 ES51,620 3991 Fawn Way10-20201-010-02 1 $156 6 Subtotal 36 5q 15 16 Parcel ublic Facilities Deerwood School 2nd Addition 1530 Deerwood Dr. 10-20001-010-01 891 $13.27 $11,820 1480 Deerwood Dr. 10-20000-010-01 430 $13.27 $5,610 Subtotal 1,321 $17,530 Section 20 Township 27 Range 23 1760 Deerwood Dr. DEA 10-02000-020-75 264 $13.27 $3,500 Concrete Driveway $6,700 Subtotal 264 $10,200 1620 Deerwood Dr. 10-02100-012-50 . 629 $13.27 $8,350 Subtotal 629 $8,350 TOTAL ASSESSMENTS $63,260 TOTALS Single - Family 24 Lots (2,531 F.F. Townhomes 70 Lots 1693 F. Public Facilities 4 Parcels (2,214 F.F. 16 Citi of Ekan Engineering Department Deerwood Drive Street Improvements 5(�o Location Map - Project 942 Fig. 1 EDGE MIL (6'-8' wide) City of Eap Engineering Department VARIES 3" BITUMINOUS SURFACE L D412 & B618 6" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section ROW 48' TYPE 41 BITUMINOUS REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Deerwood Drive � I Fig. 3 Typical Sections - Project 949 CITY PROJECT NO 942 DEERWOOD DRIVE STREET IMPROVEMENTS THURSDAY, NOVEMBER 16, 2006 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer; I 1 persons representing 10 properties (see attached sign -in sheet). A. Welcome/ Introduction Assistant City Engineer Gorder welcomed the residents, and gave a presentation on the proposed improvements, including the proposed road narrowing for traffic -calming and pedestrian safety. B. Questions/Comments Most of the discussion and questions were regarding the speed of traffic on Deerwood Drive in the 30 MPH zone between Riverton Avenue and Blackhawk Road. Residents in attendance believe Deerwood Drive is used as a bypass for Yankee Doodle and Diffley Roads because it has no traffic control (stop signs, signals) to impede traffic. Also, truck traffic is a concern. Gorder explained that cross -traffic on Deerwood Drive does not warrant stop signs or signals with intersecting streets, and that Deerwood is designed to accommodate truck traffic. The speed limit should be lowered and enforced more stringently. Gorder explained that speed limits are based on the pace of traffic that uses the roadway, and are set by the MN Department of Transportation. Also, lowering of speed limits have little effect, if any, of the speed of traffic. The enforcement of speed limits is limited due to Police personnel availability and priority. The Police Department enforces the speed limit when a violation is observed. The consensus of the residents in attendance was that the proposed road narrowing at Riverton Avenue would have little effect on traffic speeds. They would prefer to see a radar - display speed sign, similar to the one that was recently installed on Denmark Avenue, to help control speeds. Gorder indicated that a radar display speed sign may be appropriate, and would consult with the City Transportation Engineer regarding the placement of one near Riverton. More information regarding this issue will be provided at the public hearing. Something' should be done regarding pedestrian safety at Rocky Lane/ Deerwood/ school entrance. Staff believes that the proposed road narrowing there will provide increased pedestrian safety, as it will decrease the length of roadway to cross. The meeting adjourned at 7:30 p.m. NEIGHBORHOOD MEETING Deerwood Drive (Blackhawk Rd. — Pilot Knob Rd.) Project No. 942 City of Evan Thursday, November 16, 2006 6:30 p.m. ----NAME - 1. 11 f" /4-Fg55{/�� 2. -JOAn/ 1,,455E L 3. 4. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet ADDRESS /)/3 bEc°,ZL✓�acC 1212 �xz� 1 U5� /- ✓•+11'.' 1`7 3 ? Te c rw0'>d —Lr 1 '73 7.0-ga liZ\� l 2 � 5 at�2 Uzcy OL I2tp- Deeewa-,D DA, Agenda Information Memo November 21, 2006 Eagan City Council Meeting C. PROJ 943, WESCOTT ROAD (PILOT KNOB RD TO DENMARK AVE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 943 (Wescott Road, Pilot Knob Road to Denmark Avenue — Street Improvements) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past fifteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of Wescott Road (Pilot Knob Road to Denmark Avenue) has been programmed for 2007 in the City's 5 -Year Capital Improvement Program. • On June 6, 2006, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the rehabilitation of this portion of Wescott Road. • On October 17, 2006, the feasibility report for Project 943 was presented to the City Council and a Public Hearing was scheduled for November 21 to forma)ly present and discuss the report with the adjacent property owners. • Only two properties, the City Municipal Center and the County Library — Wescott, take direct access onto this portion of Wescott Road and are subject to assessment under this project. Through agreement with the County, the City is responsible for all special assessments associated with adjacent City public improvement projects. Because the only assessable property is the City's Municipal Center, an informational neighborhood meeting was not held. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, page through _.Pat Geagan -November 17, 2006 M" Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Wescott Road Street Revitalization Meg Tuley City Project No. 943 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ABMInIsrHA-rOR Attached is our report for the Wescott Road, Pilot Knob Road to Denmark Avenue, Street Revitalization, City Project No. 943. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, ,sAL 3830 Pilot Knob Road � Eagan, MN 55122-1810 'lohn P. Gorder, P.E. 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FAcaRY Minnesota. 3501 Coachman Point Eagan, MN 55122 John P. Gorder 651.675.5300 phone 651.675.5360 fax Date: 11-1-7-D& Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityafeagan.com '— Date: Dept. ofPubl Works Revi THE LONE OAK TREE Finance Dept.'Date: The symbol of strength and growth in our community. I TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction.......................................................................................................I 2. Scope................................................................................................................. Feasibilityand Recommendations ..............................................................................3 StreetEvaluation.................................................................................................. 3 Proposed Improvements..........................................................................................4 Easements/Permits................................................................................................ 6 CostEstimate...................................................................................................... 6 Assessments........................................................................................................ 6 PublicFacility........................................................................................... 7 Assessment Financing Options................................................................................. 7 Revenue Source................................................................................................... 8 Project Schedule..............................................................................:.....................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section — Overlay November 2006 - Street Revitalization Wescott Road Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 0.45 miles of 52' wide Wescott Road is identified for street overlay improvements in 2007. Figure 1, located in Appendix C, illustrates the project location. The street was constructed from 1979 to 1982, as part of adjacent development. Wescott Road Page 1 0 Based on the data and engineering strategies available at this time, the City's current PMP - incorporates local and ongoing maintenance strategies with seal coating occurring as needed (5 to -7-years,—again at 12 to 14 -years) -with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 25 year — --time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The street in the neighborhood was crack sealed in 1990 and then seal coated in 2000. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, where necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no. major repairs are necessary. Scone This project provides for resurfacing (edge mill and overlay) approximately 0.45 miles of Wescott Road. Figure 2, located in Appendix C, illustrates the project area. Included in this project is the replacement of the damaged curb & gutter and sidewalk/ trail, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Wescott Road Feasibility and Recommendations This project is necessary to prevent* further decay of the pavement section, create a safer driving surface, increase ride -ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2007 – 2011) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in conjunction with other similar projects throughout the City. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 --100 1 Routine Maintenance/Crack Seal/Seal Coat 36 --5-51 Patch/Repair and/or Overlay 0 - 55 Reconstruct This portion of Wescott Road has a current pavement condition rating of 62 which falls in the lower limits of the "Routine Maintenance/Crack Seal/Seal Coat" category, mostly because of the preparatory maintenance performed by City crews mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavements have reached an age Wescott Road Page 3 �(,� where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2007 construction season is the optimal time to construct the bituminous overlay on this street. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the . - - - structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 4 .1/2" bituminous pavement supported by 10" gravel base and granular sub grade material. The existing bituminous surface will be edge -milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a I'/cinch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a collector street. The combination of patching and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. replaced if severely cracked, spalled, or settled. Boulevard turf will be removed and replaced by two options behind each section of curb & gutter or sidewalk/ trail that is replaced: either a new Wescott Road Page 4 1 O 2' wide roll of sod adjacent to residential property or seeded with turf grass in areas away from residential properties. While the contractor who performs the work is responsible for turf establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod, where possible, to help ensure its growth. A guide to - maintenance of the sod will be distributed to the residents prior to this construction activity. After the 30 -day establishment period, the City will be responsible for growth of the seeded turfgrass areas. Signage - Traffic control and street identification signage within the project limits which have deteriorated support posts, diminished reflectivity, or no longer meeting City and State Standards will be replaced. Sidewalk/ Path Pedestrian Ramps — Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of truncated dome pedestrian ramps on the concrete sidewalks and bituminous paths on local intersecting streets. Example of a truncated dome pedestrian ramp Wescott Road Page 5 Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Wescott Road is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2007 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay w/ signage costs $ 102,640 Repair Existing Concrete Curb & Gutter $ 17,730 Total Cost $120,370 Wescott Road Page 6 72— Assessments While the Dakota County — Wescott Library takes direct access to Wescott Road, no assessments to this property are proposed. A Joint Powers Agreement between the City and Dakota County provides for the City to pay any and all special assessments levied on the library property. The only remaining property that takes direct access to this portion of Wescott Road is the City Municipal Center. With the City responsible for all costs and direct access properties associated with this improvement, no assessments are proposed under this project. Revenue Source A summary of revenue sources is listed below: The City's Major Street Fund will finance the estimated project deficit of $120,370 (100% of total). Wescott Road Page 7 75 Project Cost Property Assessment City Contribution Mill and Overlay w/ Signage $102,640 -0- ($102,640) Repair Existing Curb $17,730 -0- ($17,730) Totals $120,370 -0- $1202370 The City's Major Street Fund will finance the estimated project deficit of $120,370 (100% of total). Wescott Road Page 7 75 Proiect Schedule. Present Feasibility Report to City Council/ - Order Public Hearing..........................................................October 17, 2006 Public Hearing......................................................................November 21, 2006 MnDOT — Approval of Plans and Specifications ........................................... January, 2007 - City Council — Approval of Plans and Specifications .................................... January, 2007 Award Contract ..................................... :........................................ February, 2007 Project Completion............................................................................. August, 1, 2007 Final Cost Report .......................................................................... September, 2007 Final Assessment Hearing..................................................................................... Fall, 2007 First Payment Due with Property Tax Statement..................................May 15, 2008 Wescott Road Page 8 Iq Appendix A -Street Overlay - City Project No. 943 Preliminary Cost Estimate Wescott Road Bituminous Street Overlav Item Unit Est. Qty. Unit Price Est. Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 3200 $1.25 $4,000 Type 2350/60 Wear Course Mixture Ton 1300 $40.00 $52,000 Bituminous Material for Tack Coat Gal. 660 $1.50 $990 Replace Traffic & Street Signs L.S. 1 $4,500.00 $4,500 4 -Inch White Striping L.F. 4,800 $0.50 $2,400 4 -Inch Double Yellow Striping L.F. 4,800 $1.00 $4,800 12 -Inch Yellow Striping L.F. 1,000 $2.00 $2,000 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $75,190 +5% Contingencies $3,760 Subtotal $78,950 +30% Indirect Costs $23,690 TOTAL $102,640 Repair Existing Concrete Curb & (Suffer Item Unit Est. Qty. Unit Price Est. Cost Remove Concrete Sidewalk S.F. 250 $5.00 $1,250 Remove Bituminous Trail S.F. 400 $2.00 $800 Remove Concrete Valley Gutter S.Y. 30 $10.00 $300 Remove Concrete Curb and Gutter L.F. 150 $6.00 $900 B618 Concrete Curb and Gutter L.F. 150 $16.00 $2,400 .7" Concrete Valley Gutter S.Y. 30 $50.00 $1,500 Adjust Frame & Ring Casting C.B) Each 4 $200.00 $800 Sod w/To soil S.Y. 40 $10.00 $400 Bituminous Trail Patching S.F. 50 $100.00 $500 Bituminous Street Patching Ton 20 $70.00 $1,400 Bituminous Driveway Patching S.Y. 20 $24.00 $480 4" Concrete Sidewalk Patch S.F. 250 $5.00 $1,250 Truncated Dome — Warning Paver (2'x2 Each 4 $150.00 $600 75 4" Concrete Ped Ramp w/ Wet Cast for Thmcated Dome Inset S.F. 90 $4.50 $410 Subtotal $12,990 +5% Contin encies $650 Subtotal $13,640 + 30% Indirect Costs $4,090 Total Curb & Gutter $17,730 TOTAL PROJECT COST . $120,370 7(0 City of Evan Engineering Department Wescott Road Street Improvement Location Map - Project 943 / Fig. 1 I I _ 48' 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Existing Typical Section . EDGE MILL (6'-8' wide) Typ. I r— 1 1/2" WEAR COURSE Citi of Eap Engineering Department BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section Wescott Road EX. D412 CURB & GUTTER OVERLAY Typical Sections - Project 943 REPLACE EX. CURB & GUTTER AS DIRECTED I Fig.3 Agenda Memo November 21, 2006 City Council Meeting OLD BUSINESS A. RECEIVE AND APPROVE THE PATRICK EAGAN PARK MASTER PLAN. ACTION TO BE CONSIDERED: To receive and approve the Patrick Eagan Park Master Plan. FACTS • The development of a master plan for Patrick Eagan Park was part of the Council approved CIP for 2006. . • The primary focus for the consultant was 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. In addition -to reviewing the physical inventory of the site the consultants were asked to meet with various stakeholder groups and host public meetings to obtain input from interested citizens. Several meetings were held that included the following participants: o Friends of Patrick Eagan Park o Caponi Art Park Representatives o Eagan Art House Board o Multiple meetings with the APrC and the Ad -Hoc sub -committee of the APrC assigned to work closely with the consultant and staff. o August 24 and October 19 public meetings to solicit input from the community. Notices of the public meetings were mailed directly to all residents immediately surrounding Patrick Eagan Park to ensure that they were all aware of the master plan review and were given the opportunity to. comment. • _ Following several meetings with the Advisory Parks Commission and some community groups the consultant presented the initial concept plan and solicited input from the City Council at a workshop on August 29. • The consultant took the feedback from the Council, citizens, staff and Advisory Commission to create a final draft. The final draft maintained the integrity of the feedback received from all interested parties and that was to maintain the natural integrity of this park but allow for passive use. • The final draft and guiding principals was presented on cable TV, was available on the City's website for several weeks and was presented at an additional public meeting on October 19 to ensure that residents had several opportunities to review and respond to the plan. • While there were several questions about the plan initially, the consultants responded to the overwhelming desire to maintain the integrity of the site as natural as possible and the feedback on the final plan from residents has been very positive. • The process to consider the future of Patrick Eagan Park was very in-depth and met the initial goals of maintaining the natural integrity of the park while providing a way to invite the public in to enjoy its beauty. • Another component of the master plan project was to develop criteria for the potential acquisition of future park property. That part of the project is nearing completion and will be presented to the City Council at a later date for consideration and potential acceptance. ATTACHMENTS: Copy of the Patrick Eagan Master Plan is attached without page number. a Agenda Information Memo November 21, 2006, Eagan City Council Meeting A. PRELIMINARY SUBDIVISION (DEWITT ADDITION) — RICHARD DEWITT ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 0.69 acres to create two single family lots for property located at 2804 Vilas Lane in the NW`/a of Section 3, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The applicant is requesting -approval of a subdivision to create two single family lots. ➢ A single family home is present in the central portion of the site and will remain after subdivision. ➢ The development density is 2.9 units per acre. ➢ The property is located on the border of Noise Zone 3 and Noise Zone 4. ➢ Access into the new lot is proposed from Vilas Lane. The driveway access for the existing home is from Vilas Lane and is proposed to remain the same. ➢ The Advisory Planning Commission held a Public Hearing on October 24, 2006 and is recommending approval. ISSUES: D Neighbors at the public hearing stated concern with the size of the lots. 120 DAY AGENCY ACTION DEADLINE: January 30, 2007 ATTACHMENTS (3): I Draft APC minutes on pages ,3 through 1 . Staff report on pages through _IQL.. �O Correspondence from neighbors on pages 1O�through �. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA October 24, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 24, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hanson, Members Chavez, Keeley, Feller, Jensen, Heaney, Zoberi, and Dugan. Also present were, City Planner Mike Ridley, Planner Sarah Schield,,Planner Pam Dudziak, City Attorney Bob Bauer, City Engineer Russ Mathis, and Recoeding Secretary Camille Worley. AGENDA ' Member Heaney moved, Member Keeley seconded''a motion to adopt'the: Agenda. A vote was taken. All voted in favor. Motion carged.,7-0. September 19, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Zoberi moved, Member Keeley -seconded a moti6d',to._approve the September 19, 2006, Advisory Planning Commission'Meeting minutes. '.. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARM(.10 MINUTE TOTAL TIME LIMIT) There were no visitors who, wished to be heard;' IV. PUBLICAEARINGS New Business A De Witt Addition Applicant Name;Marketlink Realty Lo"cation: "2504 Vilas Lane; Lot 1, Block 8, Country Home Heights Application: ;Preliminary Subdivision A PreliminaryiSubdivision of approximately 0.69 acres to.create 2 single family lots..;:' File Number. 03 -PS -16-09-06 . Planner Schield introduced this item and highlighted the information presented in the City Staff report dated October 18, 2006. She noted the background, history and amended conditions. Chair Hansen opened the public hearing. Glen Hintz, 2844 Beam Lane stated the notice of public hearing was not mailed to the entire Country Home Heights neighborhood. He stated concern for future lot splits If the application is approved. He stated concern for the potential increase in homes in the neighborhood. Scott Gambill, 2830 Vilas Lane stated concern for the size of the property and stated the property will be crowed with another single family home. Mary Harrison, 2811 Beam Lane explained that there is a covenant on the property prohibiting subdivision and stated the entire neighborhood was not hotbed of the public hearing. Michelle Mitchell -Miller, 2830 Vilas Lane stated the importance of?`keeping the sense of community which strongly exists in the neighborhood', ;. Richard De Witt explained why he requested the,lot split. He explained'thespecifics of the property and.explained that most likely onlyone,other lot_could be splif'H6 stated this is an opportunity to have a new quality home"iddded.6 the,neighborhood, adding value. There being no further public commentChair Hansen closed,the public hearing and tumed the discussion back to the Commission City Planner Mike Ridley addressed the concem of public hearing notification, density of the neighborhood, and cohfguratlon of the proposed lot City Attorney Bob.Bauer addresse6the issue 'of possible covenants existing on area properties. He stated that;coveri"ts are typically private agreements and not subject to City involvement.. ' Member Chavez moved; Member;,Heaney seconded a motion to recommend approval of a Preliminary Subdivision (OdWitf'Addition) to create two single family lots, on property located at 2804 Vilas Lane subject to the following conditions as amended: 1. The propertyshail be platted. 2. This development shallbe responsible for a cash park dedication. 3. This developmen#,,shall be responsible for a cash trails dedication. 4. An individual Iof free preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 2006 (Revised) APPLICANT: Richard DeWitt PROPERTY OWNER: Same REQUEST: Preliminary Subdivision LOCATION: 2804 Vilas Lane CASE: 03 -PS -16-09-06 HEARING DATE: October 24, 2006 APPLICATION DATE: October 3, 2006 PREPARED BY: Sarah Schield COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 0.69 acres to create two .single family lots for property located at 2804 Vilas Lane in the NW '/. of Section 3. 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. D. That the site physically is suitable for the proposed density of development. Planning Report — DeWitt Addition October 24, 2006 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance.with those standards set forth in. that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document .and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was platted in 1949 as Lot 1, Block 8, Country Home Heights. EXISTING CONDITIONS There is a single family home present on the central portion of the 0.7 acre lot. A shed is located on the northeastem portion of the lot. Planning Report — DeWitt Addition October 24, 2006 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded with residential uses except for the Office Park to the north. The office park is separated from the subject parcel by Avalon Avenue. An additional single family home appears compatible with the surrounding area. 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 Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject propertyon the border of Noise Zone 3 and Noise Zone 4. The site is located approximately two miles southeast of the parallel runways at SMP, adjacent to primary arrival and departure flight tracks for those runways. 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 infill single-family residential will be a conditional use within Zone 3 and also Zone 4. Within this area, infill single family residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings conceming the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3.' Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. Existing Use Zoning Land Use Designation North Office Park Planned Develo went Business Park South Single Family home Single Family Low Density Residential Residential East Single family home Single Family Low Density Residential Residential West Single family home Single Family Low Density Residential Residential EVALUATION OF REQUEST Compatibility with Surrounding Area — The subject site is surrounded with residential uses except for the Office Park to the north. The office park is separated from the subject parcel by Avalon Avenue. An additional single family home appears compatible with the surrounding area. 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 Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject propertyon the border of Noise Zone 3 and Noise Zone 4. The site is located approximately two miles southeast of the parallel runways at SMP, adjacent to primary arrival and departure flight tracks for those runways. 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 infill single-family residential will be a conditional use within Zone 3 and also Zone 4. Within this area, infill single family residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings conceming the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3.' Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. Planning Report— DeWitt Addition October 24, 2006 Page 4 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiwaysor engine W�-1 .With respect to the factual aspects of the findings, the property lies approximately 2.2 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north - south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area (Issues #3, 4 and 8). Updated policy contours are expected to be available and adopted in the near future. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. , If the City determines that findings concerning these conditions support the approval of this application for in -fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). The City identifies the contours based upon the contours on its Zoning Map and Land Use Map (Issue #6). Den si — The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 2.9 units/acre. The proposed density complies with the Guide Plan. Lots — Proposed Lot 1 is 18,518 square feet and proposed Lot 2 is 12,000 square feet. The existing single family home will ,remain on Lot 1 with the subdivision. R-1 single family residential zoning district requires 12,000 square feet per lot and at least 85 feet width. Lot 1 and Lot 2 meet these lot requirements. Planning Report — DeWitt Addition October 24, 2006 Page 5 Setbacks — Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line and 15 feet from the rear property line. Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of-way. The existing shed on Lot 'I does not meet the 30 foot setback from Avalon Avenue but is a legal non -conforming structure. The subdivision meets the necessary setbacks. GradinrJ Erosion Control — The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the west. The proposed grades for the new house and driveway on Lot 2 generally match the existing grades. The proposed grades on the south side of Lot 2 are shown to impact existing trees on the adjacent property. Grading for the house construction on Lot 2 should be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane). Utilities — The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to. the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Vilas Lane for service connection for proposed Lot 2. The sanitary sewer and water main service work for Lot 2 will require the removal and replacement of a portion of the Vilas Lane street section. Streets/ Access/ Circulation — The driveway access for the existing house on Lot 1 will remain onto Vilas Lane, and access to Lot 2 is also proposed onto Vilas Lane. Easements/ Permits/ Ri t of-Wav — The construction of the sanitary sewer and water services to the proposed house on Lot 2 will require a City permit to work in the right-of-way of Vilas Lane. Financial Obli ag tion — At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat. Improvement Use Rate Ouantity Amount Sanitary Sewer Trunk RI $1,120/ Lot 1 Lot $1,120.00 Sanitary Sewer Lateral RI $27.60/F.F. • 35 F.F. $966.00 Water Trunk Rl $1,170/ Lot 1 Lot $1,170.00 Water Lateral RI $27.85/ F.F. 132 F.F.3$ .676.2 Total $6,932.20 Parks and Recreation — This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot. Planning Report— DeWitt Addition October 24, 2006 Pape 6 Tree Preservation — An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. Wetlands/Water Quality — Due to the size and nature of this proposed 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. There are no wetlands directly associated with this parcel. SUMMARY/CONCLUSION The subject site is currently developed with a single family home on the center of the property. The applicant is requesting to subdivide the site into two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (DeWitt Addition) to create two single family lots, on property located at 2804 Vilas Lane; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, Bl, Cl, Dl, El and Fl. 1. The property shall be platted. 2. This development shall be responsible for a cash park dedication. 3. This development shall be responsible for a cash trails dedication. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. 5. A cash dedication in lieu of on-site water quality ponding shall be required for this development. 6. Grading for the house construction on Lot 2 shall be modified so as not to impact trees on the adjacent lot (2830 Vilas Lane).. 7. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. 8. The existing shed on proposed Lot 1 shall be relocated to meet required building setbacks. 9D STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -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 volume requirements. C. Plans and Specifications All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified 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. D. E. F. G. H. 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. Public Improvements 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. 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. Parks and Trails Dedication 1.. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. Other 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 LTs#5 STANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 Eagan Boundary ' R19ht-of-way Location Map ii� BUBdinAm.. So do • a�muwnxexso•u IL MEN seo�o� i W-AMOVA I= A U 0 C • e 9 21 o@a a A o s s O{9 bis a�� 1 w n • g o i 1000 0 1000 2000 Fent Development/Developer. De Witt Addition Application: Prelim Subdivision Case No.: 03 -PS -16-09.06 Map P1a4aM unnp ERSIAmVlw ll. Psnalbwnmp wG pond•d N try Ision, CDuny Omw of GISsal aeumwa. e/Ap0 ]ODS. City of 1{a�an g TX18 MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not gaawntea the aaauway of this Infbimagbnand aro S dnuna•kt oer•Wmeat MMme•at not nwponsible for Grow or.oadssions. Current Zoning and Comprehensive Guide Plan Land Use Map DeWitt Addition Preliminary Subdivision 03 -PS -16-09-06 Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s IQIIII■ I�lIIII119R,Sw � r� m �� •w - .. i ■ err �� _ . ._ .- , . - �0WIN 1 11111. ■. •� Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s --- ®♦ 11l�;ll■ �� t', . 1 11�1111 ■� v �� �� !■11111 •,..�� i.. 1 �:� ■� �.•i ONE an . ._ .- , . - Ah6Pr..10u. nvP OHorm.tlm ppNOMra.keY O..nb L.nd0un..y a.prYn.K p..inOs x00& qV N ��11.. {{jJ Zan4q ION.a.tlrn m.IMWnn OlmbSUM U V of E*n THIS NIM IS INTENDED FOR REFERENCE USE ONLY W 6 Th, CRY of Ragan and Dakota County do not gumnMee tha accuracy of this Infaff anon. s RF PREMININARY PLAT: DEWITT ADDITION ssYs....e •.MNew.o. Flx ORxaXOwLLIIIM MX TGM xa.a PFe IM..Y.wwaba l.a.�aF�.. b• am �XwI�R...�XAµmiw .lciF\!o niJplM 4ll1L aRCXPTXM� 4N 40M! 4 CwMI1Y Mw! MWIw. m.I.Yy b IM ne..lM NR Nxx4lMH. O.wV.XMUHa Yxn Xr rxvw.Fw� •rye.Ml..! lMlRxuR. le.w4Nn.LLn MJIP.AYAIq •wMnl.wr.l Y..lFY6...L..n uunxX lYxlxol rXwwu uxnwl »T<xulu er asTu arwn.Riw Tmu uw MSM/O.xR.lwu lVIYC RIOXTK I#RT Mll4 rYMlx! lNxxwi111.1Iy111XRLRX! RxIY Mw IRYIIY. "I &I R:mg w c l 11 MOX QlxXlw ROWXRXRI!Miwal.wR PoR 4t Iwpo d OR11RM t1 YY W! IWVtal1OR. 4lw.n 1IM0.R LMnNY IM !!Ml RY.Mt.YwX lx�lw 1!M _ R.YYwIM..y awF.ww�w, •M 11w. TwXX.Y.V< •Iw. aa.N.. as FM ! R RECEIVED SEP 2 U 2606 2804 Vilas Lane Preliminary Plat t;SAM1Ypd. ASSOCIA76 I?Hhh n Ra 060" 1 of 3 SUiVEV LECEM a.P o■cYPm —nWm P w.0 o mr.I.wi—.—aww. X.OI w r.n...0 O PFrXlwi—�—wlx.Iw i aaP �Il..wi—.—arw. X.w+x.a w .nuaa —.—FR axwT ..n __..�.XgpwxlX twin o uw xu — —RgYYXR XnIR a mr +YXr--.--.uamRrvw W RIIRbw. • MR ...��•MIPSOw 4 ..IRORIO 1OP9[ `O W .�. f1P O{wFn ^' wPI6W wA � �6M ! 4t.F •MRO iV. r. F NRi ... •�— FG.RmO nRR .0 wWOF. n PIYR YORY.RO e. aIIbI lIi .. .OFFS .FOY •.. '.wa r w IwYO n FVF.60W ••n. .. Ow iw RR! c n RIROc w.R[ • ... 00c .OM �. s a Pl wtR FYR F4 ....e lOo4n F.b n O.! O O61w w4 G�iYRR! ..-•�.MiIRK M PIIS w .M IR[ .. •Ti, F.N 0 114'XIM • �O.wl9lc iMPRF M X ON OYnIII M IF FwIP XMPO 4WRF4 RECEIVED SEP 2 U 2606 2804 Vilas Lane Preliminary Plat t;SAM1Ypd. ASSOCIA76 I?Hhh n Ra 060" 1 of 3 s S N ._k .011 i' l 9Il9II,f�l1H11¢ 1 i t ra Jn�''f0 4 yrN-! b� d %7x rna. nr. ii24 •'-' ,! o N 4 � 6 ��• �� ns Z : +�lt a n ?!.n':.;•� •TYd�i�1 � r. 9#' ."':.Ali. GRADING PLAN ��I����ii��ii1111 HI ll 1* 9 �. fit .gf SaiEgFggE6�5�6�98[58i4@i a a a C.'' `' ®00•os •<ea ............ 060 e � W a ggg g4 q fJ1 6gBiilfi8le1�9�5i[i%@Ye w of n•Ienbn Bn<e°!••"!6(•en•(• /1�' W U W EXISTING CONDITIONS S 71 w211+ c°� y 4 .l 11 I I CYA')IT nr � r.� I t _ fiK• .I x oli 1 if 1 1 nR � l h / v 1. _ w211+ c°� y 4 .l 11 I I CYA')IT nr � r.� I t _ fiK• .I x 1 if 1 1 nR l / v 1. _ r lx 14 1 Please accept this submittal for a proposed lot split. We would like to make one residential 0.7 acre into two residential lots. The lots would be divided as follows, into one 0.4 acre lot and one 03 acre lot. We would like to do this as soon as possible. Enclosed are the necessary project plans plans to facilitate the city process. If there is anything that we can do to help, please let us know. Thanks. RECEIVED SEP 2 0 2006 7 October 16, 2006 Dear Advisory Planning Commission, I have recently been notified that a developer intends to subdivide a residential lot on my block, 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights. The lot is currently owned by Richard De Witt who is not a resident, but a real estate broker. Mr. De Witt intends to sell the existing home and subdivide the lot to sell it with the intent for a buyer to build a new home. Mr. De Witt's intentions are obviously to profit as much as possible from this property. Mr. De Witt does not intend to live on this new lot, only to profit from it's potential sale, so any potential effects that a new home on this lot will have on the integrity of our neighborhood will not be felt by him. Our neighborhood is very unique in that it is a suburban setting yet the homes have large lots with mature trees, something hard to find in most suburbs these days. My wife and I along with our two children have lived in our home a little over three years. The main draw to this neighborhood was that it was a not a typical suburban neighborhood. Subdividing this lot and building a new home would create an eyesore to the neighborhood. This house would change the continuity of the homes in the neighborhood. Aside from the closer proximity it would have to the neighboring homes, it would also be about 30-40 years newer than most of the homes on the street. I cannot see any potential benefits to tearing up a beautiful, mature lot and building an additional home other than padding areal estate broker's pockets. Mr. De Witt does not live in our neighborhood, has never lived in our neighborhood and from the best of my knowledge, does not intent to live in our neighborhood, only to profit by tearing it up. I am asking that no future development be allowed in this neighborhood, specifically the proposed subdivision of 2804 Vilas Lane by Mr. De Witt. Sincerely, Lww-� -Z Matthew Eisenberg 2829 Vilas Lane Eagan, MN 55121 (651)238-5911 F I -44 03 -Ps- 14-09 -,e(0 OCT 17 2006 0 9 /CD Letter.of Concern: De Witt Subdivision of 2804 Vilas Lane, Lot 1, Block 8 October 15, 2006 Dear City of Eagan, The intent of this letter is to express my concern about the property subdivision of 2804 Vilas Lane, Lot 1, Block 8, which is owned by Richard De Witt De Witt is currently selling the house on the property, and is now requesting to subdivide the lot to sell with the intent for new house construction. De Witt has no interest in preserving one of the few remaining Eagan neighborhoods with spacious yards, and is solely looking for ways to make more money — bottom line. My wife and two children have lived directly across from the lot for the past six years. In fact, our home is my childhood home that we purchased from my parents — so I have been a part of the neighborhood since 1965. We have always been attracted to this neighborhood because of the large lots, established homes and mature trees. A new construction house in the proposed lot will change the Integrity of the neighborhood,by having smaller lots, houses that are close In proximity and mature trees removed. The house on the current lot has not been inhabited since De Witt, a real estate broker, purchased the house last fall 2005. De Witt has no sense of the neighborhood and the reasons why we live here. He is clearly looking to make a profit and then move on to his next deal. I am asking that this neighborhood, specifically this house and lot across the street, be preserved to retain its beautiful setting. I have spoken to our neighbors who have the same concern, but I fear they may not speak up publicly. De Wilts motivation is purely monetary without any regard for the neighbors. Let's leave the neighborhood as it was originally intended. I am unable to attend the public hearing on Tuesday, October 24, due to a schedule conflict Please accept this letter of concern in my absence. Regards, Pahick Black 2825 Vilas Lane Eagan, MN 55121 (651)686-5615 0 OCT 17 2006 OF VA o ,p J u sip a4� - Lga�a}u\ Qa�4�n ou sticv� "d `{ avu:Z 49 V LA) 1 �� gvoc��od�y • �u,�aas �iu�l�� tlbUflS9aVU18'c1�''� I,�axauA oJd� �•�U\'1i' sin •v vt},acr+ 4 }' . `�^xa}-��a� � fou �uasaAd �o��m S�� ^�'�� � ua �97a wyk.f�� pl,►,nw2ap SmM°�aa°1y�au ^a�� th\i }vn ,o�!u11 o!tAA- Q -k- 'Ions ro u� �a a�✓� �So�a }ou H� A Joq`1�naU w.rbA� • vso o� �'�Y' 1 _ t.Ab sty s,�15 p`n'� a a 2M V,ro� ��o�vu�u, ao �iaadoad I?M ¢} as O I �aSa7�7J"IA vvrn t„ou pub tea `.}u�l �-rq o� VIA �a4L17lC) l �0 s�VP?,IS7A =A� Z }�N70 �uD�S71lA (,�V Vm.s% ovu ub6�3 2U*rJ siv1'n 9,SSC st ozo� 2%AAVI o M P 3 •.,•,N oa j S1 o?WO�vQ,S��Unoa �lyr.MSDg � t -AAM -D �JVAS 9 19.9_11 111111 All I(� l,U its NCO v� ko1-1 Scott Gambill Michelle Mitchell -Miller 2830 Vilas Lane Eagan, MN 55121 October 18th, 2006 Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 To whom it may concern: When my Wife Michelle and I decided to get married in 1999 we had a variety of considerations in choosing where we wished to reside and raise our family. I, after living in the heart of South Minneapolis for 10 years, was eager to move away from the traffic, crime, noise, and congestion of the inner-city. Michelle had also experience life in the big city and in 1998 had moved to a townhouse rental property in the northwest comer of Eagan in order to be nearer to her parents whom have lived in Eagan for over 40 years. Though Michelle was happy to find a home nearer to her parents, the congested, transient mature of her town house neighborhood was not a happy one. During her one year stay on Skyline Drive her experiences included acts of vandalism, an attempted break in, and several creepy encounters including one that involved a pizza delivery man and another involving a U.S. Postal worker. Her daughter who was six years old at the time was tied up and left in a garage by a teenage boy who also lived in the neighborhood. (Much of this can be confirmed I believe by checking police records or by contacting the regional postal inspector). Clearly our primary goal was to find.a new home for our family that gave us room to grow, and to provide a safe enjoyable environment for our children to be raised in. These concerns have only grown in recent years. Our most recent addition to our family, Jonnie, born in 2001, was diagnosed with Autism Spectrum Disorder several years ago. This has magnified our concern about safety. We now rely on our neighbors, who we know and trust, to help keep a special eye out for him. Io CCCE0Mi' Lull'i OCT 2 3.2006 When the "for sale" sign went up at 2830 Vilas we were elated. The property was less than a city block from Michelle's parent's home at 2844 Beam Lane, where Michelle had grown up. Many of the neighbors were lifetime residents and remembered her from when she was a little girl. The lots were large, wooded, and traffic was light in spite of the ongoing commercial and industrial development that continues to occur in the areas North, East and West of the Country Home Park Neighborhood. After we moved in, we became aware that we were not alone in our attraction to the neighborhood. We found that several of our neighbors too had been residents of Country Home Park as children and had moved back to raise there own families. In other words, the neighborhood is now beginning to be populated by a second generation, who like ourselves, wish to raise their children who perhaps someday may become third generation residents. This is something that in this day and age is unheard of and the value of which goes far beyond the dollars and cents of real estate development. We are opposed to the request by Mr. Richard DeWitt to be granted a subdivision of the property he owns at 2804 Vilas Lane for many reasons: As I mentioned, before I held the same residence in South Minneapolis for 10 years and have personally witness how a neighborhood can decline over a long period of time. The process of deterioration is a gradual one that often begins by seemingly harmless individual events. We believe that his plan to build a second home on the lot for resale, if allowed to go through, would invite other developers into the neighborhood with similar plans. This would not only reduce the average lot size and the median home value in the neighborhood, affecting existing home owner property values, but also would increase traffic, noise congestion and crime to one of the oldest neighborhoods in the city of Eagan, and ultimately turn the name "Country Home Park" into an oxymoron. We do not know all of the details related to Mr. De Witt's purchase of the property in question. We do know that the prior owners all but abandoned the home, in the fall of 2005, leaving the title to Mr. De Witt at what we assume was an extremely attractive price. At that time we also assumed that his plan was simply do some repairs, landscaping, and remodeling, and then sell the property for a profit; an investment strategy that you would expect given the booming real estate market at that time. Unfortunately the residential real estate market cycle soured and both new and existing home sales are now in decline in many parts of the country. Our concern is that Mr. De Witt is now stuck with a property that he never intended to live on, in a market in which he can't sell, and is trying to change his plan in order to maintain his profit goal. If this is indeed the case we can sympathize with Mr. De Witt's situation, but we do not believe he should now be relying on the benevolence of the Eagan Planning Commission in order to extract himself 'from a failed real estate speculation leaving it to the life time residence of Country Home Park to bear to the social, esthetic and financial burdens. Sin ely, *cottambill M DL W , -� A T,w1 fl or-) October 24, 2006 Community Development Department 3830 Pilot Knob Road Eagan,' MN 55122 Re: Case No. 03 -PS -16-09-06 Preliminary Subdivision of 2804 Was Lane, Lot 1, Block 8, Country Home Heights My husband and I have lived in Country Home Heights since December, 1962. One of the reasons we moved here was because the lots were all large, around an acre each. We wanted to have a large yard and to have more space. between neighbors. I know that others in the neighborhood moved here for the same reason. If Richard De Witt is allowed to subdivide his property and put up another house it would change the whole neighborhood and not for the better. It would open the door for others to do the same. As other homes are sold, the new owners might buy them just so they could subdivide and add additional houses. The whole concept of open spaces will change, bringing is more congestion with more houses and people. Our daughter, son-in-law and family live right next door to the property under consideration and they are also very upset about the idea of another house going up so close to their lot. From what I understand, Richard De Witt will not be living in the house that is already there so it wouldn't concerti him if the houses were so close to each other. He would be able to get more money and live somewhere else. Please consider the concerns of the other residents of Country Home Heights and vote no to his request for subdivision of his .69 acres. Thank you. Sincerely, Elsie Hintz 2844 Beam Lane Eagan, MN 55121 D OCT 2 4 2006 Nov i 5 2006 2975 Egan Ave Eagan, MN 55121 Monday, November 13, 2006 Eagan City Council 3830 Pilot Knob Rd Eaga_n, MN 55122 re: petition to sub -divide lot at the comer of Avalon Ave and V las Lane Count me in the group opposed to the sub -division of lots in this neighborhood. Folks in this neighborhood moved here, in part, to avoid high-density living conditions. Thank you, Lang dson 297 gan Ave Agenda Information Memo November 21, 2006 Eagan City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve Modifications to Chapter 11 as it affects window signage and direct the City Attorney to prepare and publish the amendment in tfie legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. ➢ The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. The draft window sign language was modified several times based on comments from the Chamber and local business. ➢ The City Council adopted the amendment on June 21, 2005. ➢ While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. ➢ In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. ➢ The Task Force completed their work in July and the City Council accepted the report at their special meeting on September 14, 2006. ➢ The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of October 24, 2006. ISSUES: ➢ Although not directed as part of the study, the Task Force did discuss the long standing requirement of no more. than 20% of any building fagade being covered with signage and whether or not window signage would fall into that same calculation. The Task Force was unable to reach consensus on that issue. ➢ The APC unanimously supported maintaining the 20% maximum coverage for all signage, regardless of whether the signage was on a wall or window. ATTACHMENTS: (3) Draft October 24, 2006 AFC Minutes on pages 110 through III- . Staff Memo outlining the history and the Task Force recommended modifications on pages 113 through U5 Correspondence on page (I �P C. Chapter 11- Window Signage Applicant Name: , City of Eagan Application: Ordinance Amendment An Ordinance Amendment to the Sign Ordinance in Chapter 11 to modify standards relative to window signage. File Number: 01 -OR -07-10-06 City Planner Ridley introduced this item and highlighted the information presented in the October 17, 2006 memorandum entitled Ordinance Amendment — Window Signage. Member Hansen discussed his experience with the task'force orfthis. matter and stated the existing ordinance was reviewed and concems,were heard. He"'stated a fair compromise has been reached to meet the expressed needs. Chair Hansen opened the public hearing. Ruthe Batulis, Chamber president, complimented the task force and the process they used to come to this compromise. Shestated several is§ues�were brought forward with input from 75 businesses. She urged Advisory Planning, Commission to approve the ordinance. ' ` h John Curlee, Cudee Insurance, complimentedlthe Citq ' ouncil, APC and staff and stated support for the,Qid'irianc6;as a win-win;for all concemed. There being no fuithekpublic comment, Chair Hansen closed the public hearing and turned the discussion tiack;to,the:Commission., ' Member,Keetey stati,dconcem with the significant change in window signage coverage from 25% to 60% and Qr, preference, for a lesser amount of coverage. She stated concek'tor the seven yeacterm associated with the grandfathering clause in that it representsa; long period of:time with little change toward conformance. She stated she supports the exemption approach as more reasonable than permitting. She further stated that counting the window signage towards the 20% maximum coverage is appropriate. Sh`6'-,' ted. She would like to again have the chance to review the window signage standards'of other metro communities the commission had reviewed to arrive at the 25% coverace�, Member Chavez inquired about the lack of a draft ordinance to review and the purpose for exemptions. He stated support for including the window signage in the overall 20% allowance. He stated including the window signage in the overall 20% allowance would remove any competitive advantage between businesses; whether they have large or small windows, each business would be allotted the same percentage of signage. City Planner Ridley addressed Member Chavez's questions. Member Dugan agreed with Member Chavez in regards to the advantage of those businesses with more glass. He stated he strongly disagrees with the removal of the 4-6 foot clear zone because it causes disadvantages to public safety. City Planner Ridley stated the rationale for removing the 4-6 foot clear zone was that unless the windows were covered 100%, visibility in and out of the business could be maintained. Member Chavez moved, Member Zoberi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. A vote was taken. Aye: Chair Hanson, Members Chavez, Feller, Jensen, Heaney; and Zoberi. Nay: Member Keeley. Motion carried: 6-1. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII.OTHER BUSINESS City Planner Ridley suggested that the`Adwsory-P.,lanning Commission take action to move the December meeting to Thursday, December: 21, 2066 due to the holiday. Member Chavez moved;. Member Zoberi seconded a motion to reschedule the December Advisory,Planning'Cimmission meeting to Thursday, December 21, 2006. A vote was taken. All Voted in favor. Motion carred 77-0. VIII. ADJOURNMENT Member`:Chavez moved, Member Keeley seconded a motion to adjourn the Advisory PlannmgiCommission meeting at 8 17 p.m. A vote was taken. All voted in favor. Motion carred 7-0. Respectfully Subrnittedrby: Dana Keeley APC Secretary Camille Worley Recording Secretary Ab� City 0f Eap MC�0 To: Chair Hansen and Advisory Planning Commission Members From: Mike Ridley, City Planner A — Date: October 17, 2006 Subject: Ordinance Amendment –Window Signage Background Prior to the efforts listed below, the City of Eagan did not regulate window signage in any way and window signage was not counted toward allowed building signage. At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. Information regarding the potential changes was publicized by a number of means to solicit input from interested parties. The topics were discussed at several workshops and the APC hosted a neighborhood meeting to take input on the draft proposal from the Chamber of Commerce and a number of local businesses people. Due to comments received, the APC made changes to the draft amendment and a formal Public Hearing was held on April 26, 2005. Additional testimony was received from the Chamber and local businesses and the item was tabled so that additional modifications could be made in response to those Public Hearing comments. The APC ultimately recommended approval on May 24, 2005. The City Council adopted the ordinance amendment on June 21, 2005. In early 2006, City staff distributed a letter to business property owners advising them of the changes relative to window signage. At that time, City staff and the Chamber of Commerce received a number of questions and concerns regarding the implementation of the new regulations. While prospective window sign regulations were included in the communications distributed in 2005, a number of businesses indicated that they were not aware of the actual consequences of the code amendment for their businesses until the 2006 correspondence outlined the process for compliance with the amended ordinance. In response to the concerns raised, the City Council took input from the business community at a workshop meeting on March 14, 2006. At that time, the Council directed the formation of a Task Force (made up of two members each of the City Council and APC, a chamber rep. and several local business owners) to revisit the window sign -1- I ,) provisions that had been adopted in 2005 to consider recommendations for retaining and/or modifying the requirements. On September 14, 2006, the City Council received the recommendation of the Eagan Window Sign Task Force and directed consideration of the matter to the Advisory Planning Commission for a Public Hearing and consideration of an amendment of the City Code section regulating window signage Window Signage Amendment Through the 2005 process outlined above, the following standards were ultimately established and adopted for window signage: ➢ No window signage allowed in a "clear zone" between 4'-6' ➢ Window signage limited to 25% of total window/door area. ➢ Window signage would count towards the pre-existing standard of signage not exceeding 20% of any building facade. The result of the Window Sign Task Force is bulleted below: ➢ Removal of 4-6' clear zone restriction — It was concluded that visibility into and out of businesses could be addressed through the percentage coverage without a 4-6' clear zone. ➢ Up to 60% window coverage — The group concluded compromising at 60% would balance the needs expressed by the participants. ➢ Window signs would be defined as a sign either applied to the inside surface of a window or within 18" of the window surface. The group concluded that a sign on the window or placed inside the business, but clearly visible through the window, would meet the definition of a sign. ➢ Grandfathering — The group agreed that some mechanism for grandfathering existing signage in excess of the 60% maximum should be developed. The City Attorney opined that a proposed implementation approach involving "exemptions" was possible for properties that currently exceed the 60% coverage with a phase out schedule under which all properties would need to come into conformance with the new standards within a set time period The period of seven (') years was recommended. Exemptions instead of permits — It appears that most businesses' existing signage would comply with the 60% coverage standard That being the case, rather than implementing. a permit process for a large number of businesses that already comply, the recommended approach is the exemption process for the mpch smaller number of businesses that cannot or wish not to comply in the short term. -2 1li The Task Force did not reach consensus on whether or not window signage should be counted towards the 20% maximum for wall signage. It was determined that that matter would be resolved during the subsequent APC and City Council process. Conclusion At its meeting on September 14, the Council concurred with the Task Force recommendation that the APC address this issue, noting that the 60% window sign standard applied to buildings that had large percentages of glass could cause the overall sign area to substantially exceed the 20% standard for wall signage. It was further noted, however, that of the businesses studied in the Task Force process, a relatively small number currently approach the 20% level when wall and window signage were considered together. One option suggested by the Council was a for the 20% standard for wall signage to include window signs, if a building's window area exceeded a certain percentage of the wall area. The Commission is asked to include a specific recommendation on this topic in its general action on the ordinance. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 to establish standards for window signage. Please call me at 651-675-5650 if you have any questions. -3 ' 15 From: Jeff Karil [mailto:jkarll@tgt-insurance.comj Sent: Thursday, November 16, 2006 3:21 PM To: City Council Subject: Please support the sign ordinance task force recommendations. Jeff Karll Risk Consultant Trissei Graham & Toole 2600 Eagan Woods Dr. Suite 140 Eagan, MN 55121 � City of Earn Yeo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADDITIONAL INFORMATION / NOVEMBER 21, 2006 CITY COUNCIL MEETING NEW BUSINESS A. Preliminary Subdivision — Dewitt Addition — Enclosed is a copy of a flyer entitled "Country Home Heights Homeowner Alert" with an attached letter and petition that the City Administrator and each member of the City Council received pertaining to the Preliminary Subdivision — Dewitt Addition item; New Business item A. The attachment is referenced as pages 107A through 107H. Each of the individualized addressed letters to the City Council is enclosed without page number. • Also enclosed on page 1071 is additional information from the Engineering Department. By way of clarification, the APC recommendation is based on the relationship of the proposal to the R-1 lot size and dimension requirements in the City Code. In testimony, the neighbors raised the issue of covenants prohibiting further subdivision, but if those exist, they cannot be enforced by the City and would need to be enforced through a private action by the affected parties. /s/ Thomas L. Hedges City Administrator U • Country Home Heights HOMEOWNER ALERT The Eagan Advisory Planning commission has taken the first step in a process which may change the character of our neighborhood forever. The commission has considered a petition to sub -divide a residential lot at the corner of Avalon Ave. and Vilas Lane and recommended to the City Council that the petition be approved. This recommendation comes despite the obvious attempt to meet the.frontage requirement for a residential lot by making a strange configuration of the added lot. Country Home Heights has about 75 homes and at least 50 of those have lots which could be sub -divided using the same method of measurement. While most of the current. residents would not consider sub -dividing their lot while they are still living here, such sub -divisions are a real possibility when these properties are sold. Can you imagine what 50 more homes in our idyllic neighborhood would do to our privacy and traffic? What makes this petition even more problematic is that notices of the petition and pending Planning Commission meeting were only mailed to those homes within 350 feet of the • property in question. This means that, because most of us have large lots, no more than 20 homes, out of the 75 in our unique neighborhood, received notices. Of those, one home is not occupied and representatives of five families were at the Planning Commission meeting to object to the proposal. Only the owner of the lot, a non-resident, spoke in favor of the proposal. We urge all adult residents of Country Home Heights , and any other Eagan residents who are concerned, sign the petition and attend the November 21st city council meeting to object to this proposal. If you can't attend.the meeting, write a letter to the city council at: Glenn Hintz • 2844 Beam Lane Eagan, MN 55121 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 WE URGE YOU TO ACT NOW 1oq A Thomas Hedges, City Administrator November 17, 2006 City of Eagan • 3830 Pilot Knob Road Eagan, MN 55122 Re: Lot Subdivision at 2804 MISS Lane, File Number: 03 -PS -16-09-06 Dear Mr. Hedges: I have enclosed a copy of the Public Hearing notice, which was mailed to only about 20 homes in our unique neighborhood, a copy of the Homeowner Alert notice I mailed to all 75 homes, and a copy of the Petition which has more than 75 signatures. There are several reasons why I and my neighbors are opposed to the sub -division of this property, some of which are referred to in the Homeowner Alert notice. ONE — Most of the current residents moved to this neighborhood because of the large lots and the feeling of spaciousness. It is feared that once the first lot is sub -divided, the door would be opened for many other lots to be considered for similar sub -division. This would probably not be by current residents, but each time a property is sold, especially if the purchaser of such property will not live on the premises. TWO— It appears that the frontage requirement has been met by using extreme, if not deceptive, procedures and lot configuration. THREE — The topography of Lot #2 would suggest that this would not be a usable lot without considerable earth removal. Such earth movement could have a detrimental effect on the lots to the south • and east of Lot #2. FOUR — Same residents seem to recall that at the time this area was first platted, there were covenants on the original deeds prohibiting sub -dividing the lots. FIVE — Other residents seem to recall that when utilities were brought into this area, Property owners were told that the large lots would remain "as is" because the city did not want to come back to make new connections. SIX — Our neighborhood contains the beautiful Country Home Park and there is a concern about the safety of our children if more homes would result in increased traffic in the area. SEVEN —There is a concern that property values will decline if a prospective purchaser, who intends to live in the home, has to worry about neighboring lots being sub -divided. If the City Council cannot prohibit the sub -division of the lot in question at the November 21" meeting, we would request that a final decision be delayed until the current requirements for lot size and configuration can be reviewed and revised to be more logical. Thank you for your consideration;_ Sincerely, Glenn Hintz • 2844 Beam Lane C/ Eagan, MN 55121 076 PUBLIC HEARING NOTICE CITY OF EA GAN TO: Property owners within 350' of 2804 Vilas Lane DATE/LOCATION OF Advisory Planning Commission Meeting: Tuesday, October 24, 2006 HEARING: at 6:30 pm, City Hall Council Chambers, 3830 Pilot Knob Rd DEVELOPMENT/ APPLICANT: De Witt Addition/Richard De Witt LOCATION/LEGAL DESCRIPTION: 2804 Vilas Lane, Lot 1, Block 8, Country Home Heights REQUEST(S): Preliminary Subdivision A Preliminary Subdivision of approximately .69 acres to create 2 single family lots. . File Number: 03 -PS -16-09-06 The Advisory Planning Commission conducts public hearings on these requests and makes a, recommendation to the City Council. The tentative date for City Council action is November 21, 2006. The above request(s) may require other variances to Eagan City Code Chapters 11 and 13 that are not listed • HOW TO PARTICIPATE: 1. You may attend hearings and testify. 2. You may send a letter before the hearing to the Community Development Department, 3830 Pilot Knob Road, Eagan, MN 55122 or fax to (651) 675-5694 QUESTIONS: Call the Planning Department at (651) 675-5685 or Pam Duditiak, the Project Planner at (651) 675-5691 with the above information. CITY OF EAGAN Maria Petersen - City Clerk 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. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Mailing Date: Tuesday, October 10, 2006 • - See Map on Reverse Side - f COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: • Gfsi 4''r'sa+r,t.. �✓�INLL+4-Yy1� ADDRESS j p Z/ 994'-f'e?.a � 1 J AA �c1c1 c) tccNv1 f t�JZ .)gels zrg�cn✓1 gayzl Z fz 7 /bit 0 • COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: NAME El 0 11 i•G ADDRESS. ' 13 ct l f �a�rir 4f L ,v /1 1,v COUNTRY HOME PARK RESIDENTS OPPOSED TO THE SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: • NAME ADDRESS 2U15 LILL- 1,aAY-, a I Z j Gz�)co 3yeco,s i .;2, v 16 C14, Yrs- 17 C7 A liol 46—sFpwr Lop fcor Sow-, IfLl- Y Awnde 167-F LM Ea��3 n kK COUNTRY HOME PARK RESIDENTS OPPOSED TO THE • SUBDIVISION OF 2804 VILAS LANE, LOT 1, BLOCK 8: A* 0 NAME ADDRESS 13x1 � Ain L Hyl n er lobc3J A L Ai 1PA . 3 tO G/t& f X006 • NEW BUSINESS; ITEM A. PRELE IINARY SUBDIVISION — DeWitt Addition The DeWitt Addition consists of a Preliminary Subdivision within the Country Homes Heights subdivision. With the City Council's approval of the DeWitt Addition, a new single family parcel will result from the proposed lot split. In 1998, City Project 717R resulted in the upgrade of the previously gravel public streets within the CountryHomes Heights subdivision to meet city standards. In the feasibility report presented at the public hearing the assessments were proposed to be levied on a lot unit basis incorporating the full cost of the improvements. At the close of'the public hearing, the City Council directed the City Attorney's office to provide a memorandum from an independent appraiser with an opinion on the increase in market value that could be expected from the public improvement. The appraiser was of the opinion that the lots affected by the street upgrade would increase in value by $4,000. In accordance with City Policy, the City Council capped the assessments at $4,000 per. parcel with driveway access to a single street. The total cost of the public improvement to upgrade the streets was $678,983.73. While the assessment policy states that 100% of the cost of such an improvement should be born by the benefiting properties, the appraisal capped the individual parcels contributions, resulting in a total assessment contribution of only $264,000.00. The remaining $414,983.73 of street • improvement costs was covered by the City's Major Street Fund. With the addition of a new single family parcel to the Country Home Heights subdivision by the Council's approval of the DeWitt Addition, it seems appropriate that the new parcel reimburse the City's Major Street Fund $4,000.00 for the increase in market value this new parcel will apparently receive. ACTION TO BE CONSIDERED: Add the following condition to the approval of a Preliminary Subdivision for the DeWitt Addition: The development shall waive any rights to the objection of a special assessment in the amount of $4,000.00 for the increase in market value related to the public street improvements included under Project 717R • ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA NOVEMBER 21, 2006 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS • DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update Item 2. Development/Construction Activity r 1 U AMEML � City of Earn ME TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM. CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 20, 2006 SUBJECT: ADMINISTRATIVE AGENDA / NOVEMBER 21, 2006 CITY COUNCIL MEETING CITY ATTORNEY There will be a brief Executive Session to review the decision regarding Diffley Market Place. The City Council reserves the right to consider any other matters of pending or threatened litigation or matters of labor and contract negotiation. 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 distri is as a part of each administrative agenda. In addition to the information enclosed on pages Ihq— 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-weekly updates of.larger development and construction activity. The current update is enclosed on page�. • /s/ Thomas L. Hedges City Administrator )13 • City Of BBLIaIl NCm6 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: NOVEMBER 20, 2006 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Cedarvale Mall Tenant Relocation — Since the City took possession of the mall on September 1, 2006, tenant relocation continues to move forward. Relocation has occurred or is scheduled for all tenants except Grand Slam and Lifespan. Discussions continue with both. Demolition of the mall will be scheduled after those relocation plans are finalized. • First Phase Development Plans — The EDA referred the matter of the Core Area Development Agreement to the Council Finance Committee on November 11. The Finance Committee has begun to review the matter and plans to prepare a recommendation for the EDA consideration in December. • Silver Bell Center Remodeling — Cedarvale Barbers, Mike's Shoe Repair and Cedarvale Tailors have relocated to Silver Bell and the building permit has been released for Burton's Frame Shop, which will likely move in December. • • Acquisition and. Relocation Plans — Staff and the City Attorney are continuing negotiations with Ellingson and Associates to acquire their property. The City has received an appraisal from Steve Marlin, owner of the former Mr. Steak property. Staff is in discussions with the owners of the Sinclair Station and Kelly Plourde Sales for possible acquisition of those properties. The All American Recreation public purpose hearing was held on November 7 and the owner did not challenge the public purpose of the acquisition at that time. • Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is being distributed to businesses in the area Website updates also continue. • Transit Update — The City Council approved the concept plan for the phased implementation of the Cedar Grove Transit Station presented at the Council meeting on November 11. Northeast Eaean Redevelopment District • McGough Office Project — The City Attorney's office has made appraisal based offers for the four remaining properties in the Blue Gentian area and is in discussions with the owner's representatives for their acquisition in advance of an eminent domain action. • Hwy 55 Parcels — DART has submitted a preliminary application for financing assistance and has teamed with CSM to further develop a draft concept plan to begin the staff process of reviewing a possible formal proposal for consideration by the City Council and EDA. A project must be pursued in the next eight months before the five year rule is reached. • Grand Oaks Development — Construction is complete on first office building, retail center and bank building. Construction is also underway on the Grand Oak 11 office building on the former site of the TMH building. • TMI Relocation Assistance Appeal — The hearing officer has held a conference call with TMH and City representatives and has communicated expectations for a presentation of claims • and a hearing in January or February of 2007. • Southeast Eagan Renovation and Renewal District • Following approval of the subdivision of Red Pine Crossing, the City submitted the request to Dakota County for certification of the District. Ehlers and Associates is reviewing updated financials in anticipation of negotiations of a development agreement with Revestors relative to assistance with extraordinary costs associated with the first phase of the project. L 11 General Redevelopment • Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the 2006 law changes, stag Ehlers and Associates and the City Attorney will develop a property acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February 1, 2006. Acquisition must occur within five years of the certification of the district, which will be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the Cedar Grove District k� City of Eapn ko TO: Jon Hohenstein, Community Development Director FROM: Dale Schoeppner, Chief Building Official Mike Ridley, City Planner DATE: November 20, 2006 SUBJECT: Development/Construction Activity Update The following update reflects recent activity in the Building and Planning Divisions. Permits issued Address Business Name/Type Valuation Type 2040 Cliff Rd Darque Tan 220,000 Comm Impr 2915 Waters Rd Infuscience 155,000 Comm Impr 1983 Silver Bell Rd Subway 152,000 Comm Impr • 2640 Eagan Woods Dr Manley 145,000 Comm Impr Development Update There are no new development items at this time. 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. 1 / �j/ VCD1B&hvAck*R�IRWOftfor CG11/XY1006 ! L T