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01/03/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING January 3, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) 111. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA T• A A. APPROVE MINUTES P R B. PERSONNEL ITEMS PIS C. APPROVE CHECK REGISTERS f ))o D. AUTHORIZE Submission of Letter to Dakota County CDA regarding Disposal of Property at 1997/1999 Gold Trail E. APPROVE contract with the Hoisington, Koegler Group, Inc. for assistance with the 2008 Comprehensive Plan Update r o~~ F. APPROVE Work Order Nos. 37-38 for Contract 06-01, TH 149 Reconstruction 1075 G. RECEIVE Petition and Schedule Public Hearing (February 5, 2008) for Vacation of Right-of-Way, Blue Gentian Circle f 01S H. APPROVE Safe Routes to School Program Agreement with MnDOT (Red Pine Elementary) P~ I. APPROVE On-Sale Liquor and Sunday License for Applebee's Restaurants North LLC dba Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive P. OD J. APPROVE change in management on the On-Sale Liquor License at Don Pablo's, 1280 Promenade Place e3! K. APPROVE change in management on the On-Sale Liquor License at Jensen's Supper Club, 3840 Sibley Memorial Highway L. APPROVE change in management on the On-Sale Liquor License at Granite City Food & Brewery, 3330 Pilot Knob Road 1733 M. APPROVE change in management on the On-Sale Liquor License at Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive p N. APPROVE change in management on the Off-Sale Beer License at Holiday Stationstore #247, 3615 Pilot Knob p Road p 35 O. APPROVE change in management on the Off-Sale Liquor License and the Off-Sale Beer License at Sam's Club 7 #4738, 3035 Denmark Avenue (including Suite 1) V. PUBLIC HEARINGS VI. OLD BUSINESS A. 2008 Budgets for Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television VII. NEW BUSINESS T A. PLANNED DEVELOPMENT AMENDMENT - Shops at Grand Oak - Interstate Partners - A Planned Development Amendment to modify the uniform signage plan located at 2864 and 2874 Highway 55 on Lot 3, Block 1, Grand Oak Five in the SE '/4 of Section 02. 1055B. CONDITIONAL USE PERMIT - YMCA - Fish & LaBeau Signs - A Conditional Use Permit to allow a pylon sign located at 550 Opperman Drive on Lot 1, Block 1, YMCA 2nd Addition in the NE '/4 of Section 13. 9/„~ C. PRELIMINARY SUBDIVISION - Diffley 2nd Addition - Diffley Ventures, LLC Reliance Development Co. - A / Preliminary Subdivision of 10.94 acres to create five (5) lots for retail commercial located south of Diffley Road, west of Daniel Drive on Lot 1, Block 1, Diffley Marketplace in the NW '/4 of Section 26. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business n E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of Eminent Domain for the acquisition of property located at 3815 Nicols Road. 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement with U.S. Home for the Acquisition of the Former Gonyea Property on Cedar Grove Parkway (PIN 101352001000). 3. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Set deadline for completion of TIF Development Agreement. F. Other Business G. RECESS TO EXECUTIVE SESSION to discuss acquisition of American Accounts property at 3904 Cedarvale Drive X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS 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 Eaali Mello TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 28, 2007 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 3, 2008 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo January 3, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the December 18, 2007 regular City Council meeting and the December 10, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the December 18, 2007 regular City Council meeting are enclosed on pages 3 through P. • inutes of the December 10, 2007 Special City Council meeting are enclosed on pages 9 through DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 18, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, December 18, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be held regarding pending litigation. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS A. The Oath of Office was administered to newly appointed Police Officers Nicky Cook and Karin Engen by Deputy Clerk Mira Pepper. B. Carolyn Krech was recognized for upcoming retirement after 35 year of service to the City. CONSENT AGENDA Councilmember Bakken pulled item E for discussion. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the balance of the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the December 3, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. Recognized Life and Accidental Dismemberment Insurance carrier as United Wisconsin Group 2. Recognized Assurant as the new carrier for Long Term Disability Insurance 3. Approved promotion of Steve Gilberg from Water Production Worker to Water Production Supervisor and authorized replacement of water production worker. 4. Approved replacement of Payroll Specialist position 5. Accepted resignation of Lori Kimball (Parks and Recreation) and settlement agreement 6. Approved employer insurance contributions to medical and dental insurance premiums for non- union employees 7. Approved hiring of Code Enforcement Technician to be named C. Check Registers. It was recommended to ratify the check registers dated December 6 and December 13, 2007 as presented. D. Schedule Workshop. It was recommended to schedule a Special City Council workshop on January 22, 2008. E. Charter Commission Appointments - Pulled for Discussion. F. Pro III Laser. It was recommended to approve acceptance of the Pro III Laser for the Police Department G. 2008 Enterprise Fund Budgets. It was recommended to approve the proposed 2008 Enterprise Fund budgets for Public Utilities (Water, Sanitary Sewer, Streetlighting, and Storm Drainage/Water Quality), Cascade Bay and the Community Center. H. 2008 Special Revenue Funds Budgets. It was recommended to approve the 2008 Budgets for the following Special Revenue Funds: Enhance 9-1-1 Fund, Housing Fund, Police Forfeiture Fund, DWI Forfeiture Fund, Cable TV Franchise Fees Fund. 3 Eagan City Council Meeting Minutes December 18, 2007 Q N Page 2 F 1. 2008 Eagan Convention & Visitors Bureau Budget. It was recommended to approve the 2008 Eagan Cnvention & Visitors Bureau (ECVB) budget adopted by the ECVB's Board. J. 2008 General Facilities Renewal & Replacement Budget. It was recommended to approve the 2008 General Facilities Renewal & Replacement Budget. K. 2008-2012 CIP Part II Vehicles and Equipment. It was recommended to apprve Part II (Vehicles and Equipment) of the 2008-2012 Capital Improvement Program (CIP). L. Amended and Restated 2008-2009 Joint Powers Cost Share Agreement. It was recommended to approve amended and restated 2008-2009 Joint Powers Cost Share Agreement for Pictometry International Corporation General License Terms and Conditions. M. Liquor License Renewals. It was recommended to approve the renewals of existing liquor license for 2008. N. Temporary On-Sale Liquor License. It was recommended to approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. 0. Tobacco License Renewals. It was recommended to approve the renewal of existing Tobacco Licenses for 2008. P. Trash Hauler License Renewals. It was recommended to approve the renewal of 2008 Trash Hauler Licenses. Q. Tree Contractor License Renewals. It was recommended to approve the renewal of 2008 Tree Contractor Licenses. R. Contract with BCBS. It was recommended to approve a contract with Blue Cross Blue Shield to renew the partnership with the Eagan Community Center to provide fitness classes as part of the Fitness on the Road Program and authorize the Mayor to sign the appropriate agreements. S. Advertisement for Request for Proposals. It was recommended to authorize the advertisement for requests for proposals for concession products to be sold in the various concessions operations operated by Eagan Parks and Recreation. T. Corrective Plat. It was recommended to approve a Corrective Plat (Diffley Marketplace Addition) consisting of one lot located near the intersection of Diffley Road and Lexington Avenue, in the Northwest '/4 of Section 26. U. Application for CDBG Funding. It was recommended to adopt a resolution authorizing the City Administrator to submit the Community Development Block Grant (CDBG) Program applications for 2008 to the Dakota County Community Development Agency. V. Consulting Engineering Contracts. It was recommended to approve Consulting Engineering Contracts for General Municipal Engineering Services with Bolton & Menk, Inc., Bonestroo, and WSB & Associates, Inc. and authorize the Mayor and City Clerk to execute all related documents. W. Contract 06-05. It was recommended to approve the final payment for Contract 06-05 (Blackhawk Road/Galaxie Avenue & Cliff Road - Intersection Improvemetns) in the amunt of $38,457.58 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. X. Wetland Delineation - USPS Bulk Mail Center. It was recommended to receive the Wetland Delineation Report for the USPS Bulk Mail Center and affirm its approval. Y. Contract 06-01. It was recommended to approve Work Order Numbers 41-44 and Change Order Number 6 for Contract 06-01, Trunk Highway 149 Reconstruction. Z. Project 960. It was recommended to receive the Draft Feasibility Report for Project 960, Brittany 8th _ 10th Additions (Street Improvements) and schedule a public hearing to be held on January 15, 2008. AA. Project 961. It was recommended to receive the Draft Feasibility Report for Project 961, Bur Oak Hills (Street Improvements) and schedule a public hearing to be held on January 15, 2008. BB. Project 962. It was recommended to receive the Draft Feasibility Report for Project 962, Cliff Drive (Street Improvements) and schedule a public hearing to be held on January 15, 2008. CC. Grant Application. It was recommended to authorize the submission of the grant application to the Metropolitan Regional Arts Council. DD. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Li Li to operate New Star Massage at 3906 Cedar Grove Parkway. EE. Donation. It was recommended to accept a donation of $1,000 from Dakota Center for the Arts and to accept a donation of a new kiln for the Eagan Art House pottery studio. FF. Amendment to Minutes. It was recommended to approve an amendment to page two of the September 18, 2007 City Council Minutes regarding conditions for the Planned Development Amendment for Potbelly Sandwich Works. I' Eagan City Council Meeting Minutes December 18, 2007 ~R Page 3 A rJ' Item E. Appointment of two members to the Charter Commission. Motion was made by Councilmember Carlson, seconded by Councilmember Bakken to continue consideration of the appointment of two members to the Charter Commission pending decision at a hearing to be held December 28. Aye: 4 Nay: 1 (Tilley opposed) PUBLIC HEARINGS 2008 FEE SCHEDULE City Administrator discussed this item regarding the proposed 2008 Fee Schedule. Mayor Maguire 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 adopt a resolution approving the 2008 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 2007 (PAYABLE 2008) PROPERTY TAX LEVY City Administrator Hedges discussed the 2007 property tax levy. It was noted that the City held a Truth-in-Taxation public hearing on December 4. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the proposed 2007 (payable 2008) property tax levy as follows: Aye: 5 Nay: 0 General Revenue: General Fund $ 19,695,900 2007 Charter election costs 35,600 Equipment Revolving Fund 950,712 Gen Facilities R/R Fund 460,334 Major Street Fund 2,310,203 Subtotal General Revenue 23,452,749 Debt service: Community Center bonds 1,199,363 Total City-wide Levy 24,652,112 Cedarvale Special Services Dist. 5 3 000 PROPOSED 2008 GENERAL FUND BUDGET City Administrator Hedges discussed the proposed 2008 General Fund budget. It was noted that the City held a Truth-in-Taxation public hearing on December 3 to consider the 2008 General Fund budget and the payable 2008 property tax levy. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the proposed 2008 General Fund budget. Aye: 5 Nay: 0 S Eagan City Council Meeting Minutes December 18, 2007 Page 4 PROPOSED 2008 CEDARVALE SPECIAL SERVICES DISTRICT BUDGET City Administrator Hedges discussed proposed Special Services District Budget. He noted that this budget has also been discussed at the Truth in Taxation hearing held on December 3. Mayor Maguire 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 2008 Cedarvale Special Services District Budget. Aye: 5 Nay: 0 VARIANCE - WENZEL FINANCIAL City Administrator Hedges introduced this item regarding a requested variance to the 20' parking setback from a public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond Apartments). City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Variance to the 20' parking setback from a public right of way for accessible parking stalls located at 1364 High Site Drive (Glen Pond Apartments), legally described as Lot 1, Block 1, Effress 2nd Addition in the SW '/4 of Section 10 subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall 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. An additional outdoor light shall be installed for security and safety. Such lighting shall meet City Code standards. PROJECTS 953, 954, 955, 956, 957, 958, AND 959 STREET IMPROVEMENTS City Administrator Hedges and Public Works Director Colbert provided a general overview of the 2008 Street Revitalization Program which includes Projects 953 through 959. PROJECT 953, CEDAR GROVE NO. 1 & 2 STREET IMPROVEMENTS Assistant City Engineer John Gorder gave a staff report regarding the Cedar Grove No. 1 and 2 street improvements. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers held a discussion. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 953 (Cedar Grove No. 1 & 2 Street Improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding the Glory Ridge Drive / Cedar Ridge Circle street improvements. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes ® n December 18, 2007 /q Page 5 Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve Project 954 (Glory Ridge Drive / Cedar Ridge Circle - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 955, SAFARI ESTATES STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Safari Estates. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve Project 955 (Safari Estates) Street Improvement and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 956, BRIAR HILLS STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Briar Hills. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 956 (Briar Hills - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 958, TOWERVIEW ROAD (WEST OF PILOT KNOB ROAD) STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements on Towerview Road, west of Pilot Knob Road. Mayor Maguire opened the public hearing. There being no public comment, he closed the hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve Project 958 (Towerview Road - West of Pilot Knob Road Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 959, EDEN ADDITION STREET IMPROVEMENTS Assistant City Engineer Gorder gave a staff report regarding street improvements for Eden Addition. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 959 (Eden Addition - Street Improvements) and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 OLD BUSINESS There were no old business items NEW BUSINESS PROPOSED 2008 BURNSVILLE / EAGAN TELECOMMUNICATIONS COMMISSION AND BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGETS City Administrator Hedges introduced this item regarding the proposed 2008 budgets for Burnsville / Eagan Telecommunications Commission and Burnsville/Eagan Community Television. The Council held a discussion with Eagan City Council Meeting Minutes December 18, 2007 Page 6 Communications Director Garrison answering questions. It was the consensus of the Council to continue consideration of the proposed budget pending additional information regarding an increase in personnel costs. Councilmember Tilley moved, Councilmember Bakken seconded a motion to continue consideration of the proposed 2008 budgets for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT) until the January 3, 2008 Council meeting to allow time for additional information regarding personnel costs to be provided. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. ADMINISTRATIVE AGENDA There were no items on the Administrative Agenda. VISITORS TO BE HEARD Dee Richards, Chair of the Eagan Charter Commission commented on the current status of the Charter Commission and relationship between the Commission and the City Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn the meeting at 8:45 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING MONDAY, DECEMBER 10, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, and Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, Superintendent of Enterprise Operations Mesko, Director of Parks and Recreation Johnson, Police Sergeant New, and Commander of Fire Prevention Diloia. 1. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. City Administrator Hedges requested an opportunity under Other Business to discuss the City Council's meeting schedule for the month of January. Hedges also noted that a closed session would be needed to discuss a proposed labor contract. Councilmember Fields moved; Councilmember Bakken seconded a motion to adopt the agenda as amended. Aye: 5, Nay: 0 II. REVIEW BIDS FOR CIVIC ARENA SOUND SYSTEM City Administrator Hedges introduced the item noting that at the direction of the City Council on November 5, 2007, competitive bids were solicited for an enhanced sound system with minimal ancillary acoustical treatments in the west rink to meet identified sound objectives. Parks and Recreation Director Johnson summarized the bid process and noted that only one bid was received. Johnson also discussed the undefined revenue source that would be derived from the sound system enhancement. The City Council discussed how they would like to proceed with regard to a sound system for the west arena. Councilmember Carlson moved; Councilmember Fields seconded a motion to hire a sound engineer to work with a designer to develop an overall master plan and specifications that would be implemented over a period of time. Aye: 5, Nay: 0 Special City Council Minutes December 10, 2007 Page 2 The Council directed that the RFP should be developed and brought back to the City Council for formal approval. Director Johnson noted that the RFP will likely be ready in spring of 2008. III. CONCEPT PLAN REVIEW-UNITED PROPERTIES DEVELOPMENT ALTERNATIVES FOR NORTH DISTRICT OF CEDAR GROVE REDEVELOPMENT DISTRICT City Administrator Hedges introduced the item noting that the two areas in which new development has not been initiated to date are the core area and the property on the north side of Highway 13 that has been designated for redevelopment by United Properties. Hedges added that United Properties has requested the opportunity to present several alternatives to the redevelopment of the northern properties. Community Development Director Hohenstein provided an overview of the City's relationship with United Properties and the location being discussed for redevelopment. Hohenstein noted that the City and United Properties currently have a preliminary development agreement under which United Properties agrees to develop a 255,000 sq. ft. Class A office plaza. Hohenstein introduced Brian Carey of United Properties, who presented alternatives to the City Council for the redevelopment area. The City Council discussed the proposal alternatives as well as the current discussions under way with the owner of the existing Goodyear/Wingfoot building. Mr. Carey noted that United Properties is disappointed in their progress so far in developing the area. He noted that United Properties has aggressively marketed the office development, but there are very few prospects in the market at this time. The City Council noted that they were open to class B office-showroom/warehouse as an alternative for the area. The Council also noted that they would be prepared to authorize the use of eminent domain with regard to the Goodyear/Wingfoot parcel. The Council directed staff to work with Berstein Perwien Properties to determine their willingness to sell the property, swap property, or partner in the redevelopment of the property. The Council voiced their consensus that they do not approve of multi-family residential development for the area. The City Council also directed that an item be added to the December 18 City Council meeting to authorize negotiation of an amendment to the United Properties preliminary development agreement for the north district and set a Public Hearing for possible eminent domain for acquisition of the north district property. IV. 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION City Administrator Hedges introduced the item noting that the US Department of Housing and Urban Development provides block grant funding for programs that conform to national objectives and eligible activities that meet CDBG program regulations. Hedges added that the City of Eagan's CDBG allocation is administered through an agreement with the Dakota County Community Development Agency. Director of Community Development Hohenstein noted that the CDBG. fiscal year begins July 1 and, thus, the application deadline for local governments has been set for December 14, 2007. Director Hohenstein provided an overview of the proposed uses for the /D Special City Council Minutes December 10, 2007 Page 3 2008 CDBG funding. Hohenstein added that the only new programs being proposed are in the areas of housing rehabilitation and the proposed after school/summer recreation program. The City Council discussed the programs being proposed for CDBG funding and also discussed the transferability of funds from program to program. The City Council asked for an update in early 2008 on the success of the senior programming being funded with CDBG monies. The City Council directed that the proposed programming for the CDBG 2008 funding be added to the December 18, 2007 City Council agenda for formal consideration. V. FINANCE COMMITTEE UPDATE: HIGH SPEED INTERNET/BROADBAND City Administrator Hedges introduced the item noting the City Council's goal for the installation of high speed fiber optic broadband in the City of Eagan. Hedges acknowledged members of the Eagan Technology Working Group who were in the audience, including Jeremy Snyder (Northwest Airlines), Jim Mouler (technology consultant), and Ruthie Batulis of the Dakota County Regional Chamber. Communications Director Garrison provided an overview of the discussions held of late by the Eagan Technology Working Group as well as the recommendations of the City Council's Finance Committee. Councilmember Fields moved; Councilmember Bakken seconded a motion to accept the Finance Committee's recommendation to: 1.) authorize immediate preparation and distribution of a request for proposal (RFP) for a specialized broadband consultant; and, 2.) direct the sending of a letter to current providers who have not given a response to the Eagan Technology Working Group regarding the City Council's established broadband goal. Aye: 5, Nay: 0 The City Council also noted that letters being send to incumbent providers including Qwest, Comcast, and Frontier should note that the City is moving ahead on its goal while still desiring to work with incumbent providers. IV. PUBLIC WORKS COMMITTEE UPDATE: PROPERTY MAINTENANCE ORDINANCE City Administrator Hedges introduced the item noting that at the City Council January goals retreat, the Council identified a proactive approach to residential and commercial property maintenance as one of its goals for 2007-2008. Hedges added that in light of further Council discussion on the subject at the September 25 Council retreat, the Public Works Committee discussed the issue of private property maintenance at their meetings on March 27 and December 5. Community Development Director Hohenstein summarized the discussion of the committee thus far with regard to property maintenance. It Special City Council Minutes December 10, 2007 Page 4 The City Council discussed the approach they would like to take to property maintenance noting that they are looking to be proactive in preserving the community's tax base without being punitive in their approach. The Council asked the Public Works Committee to continue to review a rental licensing program and bring back suggestions to the City Council as to how such a program could work in the City of Eagan. The City Council noted that their first priority is to look at the current City Code to determine what property maintenance areas need further definition within the code. Councilmember Bakken suggested and the City Council concurred not to change the City's current enforcement practices with regard to outdoor storage of vehicles. The City Council asked that once the Public Works Committee has reviewed areas of the code needing further definition, as well as reviewed the research on rental licensing, that both topics be brought back to the City Council for further discussion and consideration. VII. CONSIDER CHARTER COMMISSION APPOINTMENTS City Administrator Hedges introduced the item noting that the Council provided direction at their December 3, 2007 meeting to proceed with the process to fill eight positions on the Charter Commission. Hedges summarized the process to-date to fill the positions. Hedges also suggested that the City Council may want to consider conducting interviews of Charter Commission applicants on January 8, which would allow the Council to ratify their appointments at the January 15 regular City Council meeting. There was City Council consensus to schedule the Charter Commission applicant interviews on January 8, 2008. Councilmember Carlson suggested the City Council consider appointing two members of the City Council to the Charter Commission. The City Council discussed whether to appoint City Councilmembers to the Charter Commission. Councilmember Tilley suggested a liaison position to the Charter Commission, rather than an appointed member. Mayor Maguire invited public comment on this matter. Dee Richards, Chair of the Charter Commission, suggested to the City Council that a discrepancy exists on the number of positions eligible for appointment on the Charter Commission and recommended that the City Council confer with the judge prior to making any appointments. The City Council discussed the process the City has taken to fill the vacancies and the City's obligation under state statute. Betty Fedde, Charter Commission member, noted the November 30, 2007 letter from Judge Aldridge regarding the number of vacancies available on the Commission. Ms. Fedde also questioned the City Council regarding legal fee expenditures of the City in researching Charter appointment information at the County Courthouse. Special City Council Minutes December 10, 2007 Page 5 Mayor Maguire moved; Councilmember Fields seconded a motion to nominate Councilmembers Carlson and Bakken to the Charter Commission and to ratify those appointments at the December 18, 2007 regular City Council meeting, at which time the City Attorney should also make a recommendation on the two terms of which the two Councilmembers will fill on the Charter Commission. Aye: 3, Nay: 1 (Tilley), Abstention: 1 (Bakken) VIII. OTHER BUSINESS The City Council discussed their January meeting schedule and noted they would like to hold their Charter Commission applicant interviews on January 8 and schedule a Special City Council workshop on January 22. Hedges noted that the legislative delegation would be invited to the January 22 City Council workshop. IX. ADJOURNMENT Councilmember Tilley moved; Councilmember Fields seconded a motion to adjourn the meeting at 8:47 p.m. 12 Agenda Information Memo January 3, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Job Title Change/ GIS Technician/OSS- ACTION TO BE CONSIDERED: To change the job title of Sara Hegle from Office Support Specialist to GIS Technician/OSS. Item 2. Job Title Change/ GIS Coordinator/Sr GIS Specialist- ACTION TO BE CONSIDERED: To change the job title of Tami Maddio from Senior GIS Specialist to GIS Coordinator/Sr GIS Specialist. Item 3. 2008 Compensation- ACTION TO BE CONSIDERED: • To approve a 3% annual wage adjustment to the 2008 non-union Compensation Plan for all regular non-collective bargaining employees, effective January 6, 2008 per City policy. • To approve a 3% adjustment to Directors' car allowances. • To approve the 2008 City Administrator compensation as follows: o Increase compensation by 3%. o Provide an additional vacation accrual of 45.16 hours and authorize the City Administrator to exceed the vacation accrual cap by that additional amount. o Continue to provide a car allowance at the 2006 and 2007 rate. • To approve an annual wage adjustment to the Parks & Recreation 2008 Seasonal Compensation Plan and for temporary, seasonal, and recurring non-collective bargaining employees between 0% and 3%. • To adopt the IRS mileage rate effective January 1, 2008. The current IRS rate for 2008 is 50.5 cents per mile. Should the 2008 rate change, the City's reimbursement will automatically adjust to the new rate. Agenda Information Memo January 3, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 20, 2007 and December 27, 2007 as presented. ATTACHMENTS: • Check registers dated December 20, 2007 and December 27, 2007 are enclosed without page number. Agenda Memo Eagan City Council Meeting January 3, 2008 Consent Agenda D. CEDAR GROVE REDEVELOPMENT DISTRICT - LETTER SUPPORTING SALE OF PROPERTY FOR YOUNG ADULT SUPPORTIVE HOUSING ACTION TO BE CONSIDERED: To authorize submission of a letter to Dakota County CDA regarding the disposal of property at 1997/1999 Gold Trail for redevelopment as a young adult supportive housing project. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including pubic improvements, environmental reviews, a 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. • In its planning for the broad range of housing opportunities contemplated for the district, the City has also contemplated partnering with the Dakota County CDA to provide one or more housing options that are not likely to be served by the private sector. • In 2007, the City Council approved a development plan for a young adult supportive housing building that would combine property owned by the City at the intersection of Cedar Grove Parkway and Gold Trail with a duplex property owned by the CDA at 1997/1999 Gold Trail. • The City has agreed to sell its property to the CDA for the project and the CDA needs to transfer property it owns from one ownership classification to another under HUD regulations. As a part of that process, the City must formally indicate its support for the project. ATTACHMENTS: • Property location map on page • Draft action letter on page AD L - Youth Supportive Housing Site ~ o0 1997/1999 Gold Trail Silver-Beli Rd Cedar-GroveRedevelopment-Area as`' 0.Ge e> ae a I~~ o Goa O~ ~o Iy _z zi I I.I11 0 325 650 1,300 My of Ealaf Feet Cedar Grove Redevelopment Area CDA Youth Supportive Housing Proposed Site 1997/1999 Gold Trail Property I7 A City of Gall Mike Maguire January 4, 2008 MAYOR Mark Ulfers Paul Bakken Executive Director Peggy Carlson Dakota County CDA 1228 Town Centre Drive Cyndee Fields Eagan, MN 55123 Meg Tilley COUNCIL MEMBERS Dear Mr. Ulfers: Thomas Hedges I am writing to convey the City of Eagan's support for your application to HUD for CITY ADMINISTRATOR the disposition of public housing units located in Eagan. This application would allow the Dakota County CDA to dispose of the duplex unit located at 1997/1999 Gold Trail. This action would allow the assemblage of a parcel of land for the construction of 24 units of supportive housing for homeless youth. The City Council has approved the Preliminary Planned Development, Rezoning and Final Plat for this development and is looking forward to working with the CDA in the MUNICIPAL CENTER development of the supportive housing units. The new development will help meet a 3830 Pilot Knob Road critical housing need in Dakota County and also further City of Eagan goals for the Eagan, MN 55122-1810 redevelopment of the Cedar Grove area. 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Sinc ly, MAINTENANCE FACILITY Thomas L. Hedges 3501 Coachman Point City Administrator Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. Agenda Information Memo January 3, 2008 Eagan City Council Meeting E. APPROVE CONTRACT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Contract with Hoisington, Koegler Group, Inc. for assistance with the Land Use, Housing and Economic Development sections of the 2008 Comprehensive Plan Update in an amount not to exceed $65,000 and direct the Mayor and City Clerk to execute the appropriate documents. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? As the City Council is aware, an RFP to assist staff with the 2008 Plan Update was distributed (attached) to a number of consulting firms in November; four firms responded. ? This effort will include specific work on the Land Use, Housing and Economic Development sections, required submittals to the Met Council & surrounding communities and printing copies of the final document. ? Staff has reviewed the submittals are recommending the City enter into a contract with HKG at a price not to exceed $65,000. City staff is proposing to utilize funds budgeted in 2007 & 2008 for Professional Services and Economic Development Activity. ? A specific budget and timeline will be negotiated with the consultant and this information will be provided to the City Council in the near future. ATTACHMENTS: (1) Proposal request document on pages 0 through 49 Comprehensive Plan Update Request for Proposal City of Eagan, Minnesota Introduction The City of Eagan is requesting a proposal from consulting teams experienced in long- range land use, housing and economic development/redevelopment planning to update its Comprehensive Plan. The new plan will include traditional comprehensive plan elements with aspects on the following areas incorporated: ? Active living ? Life cycle & affordable housing ? Low impact development ? Open space preservation ? Sustainability; including land, energy and water conservation ? Transportation system impacts on land use and livability The transportation plan is being completed under a separate contract managed by the Engineering Division; however, the planning consultant will need to coordinate with the transportation plan consultant to address land use, roadway design and connectivity issues. Similarly, the planning consultant will need to coordinate with the Park & Recreation Department relative to connectivity and active living issues. General Tasks 1. Initial meeting with City staff to review project schedule, schedule meetings and begin the process of data collection. 2. Prepare a schedule timeline with major milestones. 3. Conduct regular meetings with City staff for purposes of coordination, consultation, input and validation of data. 4. Provide at least weekly updates, primarily via e-mail and occasionally in person, to update City staff on project status, discuss issues and review drafts. Status reports may also be required to update the City Council and/or City Planning Commission. 5. Review the Metropolitan Council's 2030 Framework and related Systems Statements for the City of Eagan as to how they affect the City's plan and include local goals and policies that will be in conformance with the Framework. 6. Provide information in the plan that responds to all applicable questions and issues outlined for local governments in the Metropolitan Council's "Local Planning Handbook" and in conformance with Minnesota Statute 462.355 as amended and consistent with other requirements of State Statutes. 7. Draft comprehensive plan elements for review and comment by the City with a schedule developed at the beginning of the planning process. Page 1 of 4 ot~ City of Eagan Request for Proposal 2030 Comprehensive Plan Update 8. Plan and implement a creative public participation process using a range of methods to inform and involve stakeholders. 9. Circulate the plan as required to adjacent communities, counties, watershed districts, school districts and other agencies, and coordinate the response comments. 10. Prepare the required documents for submission of the plan to the Metropolitan Council, and address any comments necessary to receive approval. 11. Develop a separate summary document or brochure. Primary Responsibility The consultant will provide coordination, support and integration of the following elements: ? Land Use'- Including references and relationships to other sections. ? Housing - Including life cycle options, needs of aging populations and preserving the quality of neighborhoods. ? Economic Development - Including the relationship of City plans & policies to the Dakota County Community Development Agency Commercial/Industrial Study (currently in process). Schedule and Cost The consultant will be expected to begin work as soon as the consultant selection process is completed. A final scope of work shall be submitted for approval within two weeks of consultant selection. As a general goal, the Comprehensive Plan should be ready for submission to adjacent communities, counties, watershed districts, school districts and other agencies as required by Minn. Statute 473.858, subd. 2. by July 1, 2008. The proposal must identify the major tasks and dates of accomplishment. The schedule must indicate tasks which the consultant anticipates will be done by the City. Work on this project should be initiated within two weeks of the contract approval. Any deviation from milestone dates as proposed by the consultant shall be approved by the City. The proposal must indicate the total cost and itemize each task for the project. The proposal should include hourly rates for specific professional services, including meeting and presentation costs. The consultant should anticipate no more than 1-2 staff people to attend each meeting. Payment of consultant fees will be made every thirty days upon receipt of a progress report, invoice itemizing services performed/hours worked and running tally in relation to the overall project budget. Page 2 of 4 City of Eagan Request for Proposal 2030 Comprehensive Plan Update Submission Requirements and Deadline The proposal package must include: ? The names of the consulting firm's assigned personnel with key responsibilities for the work and the description of their roles and duties, including resumes for said personnel ? Organizational chart that delineates responsibilities and lines of authority and communication, listing key staff involved in project tasks and designation of task managers and an over-all project manager ? Team's approach to this project ? Scope of work ? Projected timeline, including major milestones ? Fee schedule and an estimate of time each staff member will spend working on this project showing staff-hours and costs by task ? Budget ? The consulting firm's resources, including the size of the firm, current workload and ability and willingness to commit key personnel ? References ? A listing of prior experience and qualifications of firm's assigned personnel in the area of long-range land use, housing and economic development/redevelopment planning ? A listing of prior or on-going projects by the firm demonstrating the firm's experience and background in the area of long-range land use, housing and economic development/redevelopment planning Proposal Evaluation Criteria Proposals will be evaluated by an Evaluation Panel to assess the Proposer's likelihood of successfully accomplishing the project. The panel will consider all material submitted by the Proposer and other information the panel may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type including, without limitation, additional information the panel may request, interviews or oral presentations. Proposals will be evaluated on the basis of the following criteria. The Evaluation Panel will consider the trade-off between proposal price and the other evaluation criteria in determining the proposal which is most advantageous to the City of Eagan. Ranking Evaluation Criteria 1 Firm's experience and qualifications in the area of long-range land use, housing and economic development/redevelopment planning 2 Experience and qualifications of key staff in the area of long-range land use, housing and economic develop ment/redevelo ment planning 3 Thoroughness of work plan The price will be approximately equal in importance to a combination of all other criteria shown above. Page 3 of 4 aA City of Eagan Request for Proposal 2030 Comprehensive Plan Update Responses to this RFP are due on Monday, December 3, 2007 by 12:00 p.m. Please provide six (6) copies. Proposals should be sent to: Michael J. Ridley, AICP City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1810 mridleyCa)-cityofeaaan.com Final Product The consultant will prepare and deliver 60 full color copies of the 2008 Comprehensive Plan Update and digital copies (adobe acrobat pdf and Word) of all materials, including text and graphics. Disclaimer The City of Eagan reserves the right to accept or reject any or all proposals received, in whole or part. The City may choose to waive immaterial deviations to the RFP instructions, at its discretion. Selection of the consultant is expected in December 2007. Page 4 of 4 0~ 3 Agenda Information Memo January 3, 2008 Eagan City Council Meeting F. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order Numbers 37-38 for Contract 06-01, Trunk Highway 149 Reconstruction. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation for Contract 06-01 which provides for the upgrade of a 2.7 mile segment of TH 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). The upgrading of TH 149 to a 4-lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail is also included along the east side between TH 55 and Wescott Road. • Work Order No. 37 provides for the installation of concrete curb and gutter and bituminous pavement in the Dodd Lane Gardens parking lot necessary to eliminate the existing access point to TH 149. The increased costs associated with this revision will be financed by the Major Street Fund. (ADD $2,411.00) • Work Order No. 38 provides for the reconstruction of two (2) sanitary sewer manholes which was required to adequately adjust the castings to the new grade of the roadway. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $6,100.00) • The costs associated with all the Work Orders have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • The Work Orders have also been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo January 3, 2008 Eagan City Council Meeting G. BLUE GENTIAN CIRCLE RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way known as Blue Gentian Circle and schedule a public hearing to be held on February 5, 2008. FACTS: • On December 11, 2007, City staff initiated a petition requesting the vacation of public right-of-way for Blue Gentian Circle, from the intersection of Blue Gentian Road to its easterly termini (cul de sac). Blue Gentian Circle is located southeast of the interchange of 1-494 and I-35E, east of TH 55. • Blue Gentian Circle, formerly known as Blue Gentian Road, was never formally dedicated as a public easement or right-of-way. Pursuant to Minn. Stat. 160.05, if a city maintains a road for 6 years (or more); it is deemed dedicated to the public to the width of the roadway and ditches necessary to support the road. The City of Eagan has maintained Blue Gentian Circle, or Blue Gentian Road, for decades. • The purpose of the request is to allow the redevelopment of the residential properties adjacent to Blue Gentian Circle, as well as the public right-of-way, to a proposed office building site with a parking structure. The vacation of this right-of-way would clean up the proposed replat by avoiding any underlying unnecessary public easements. It is anticipated that the proposed development application will be presented to the Council for consideration in February, 2008, to coincide with consideration of this vacation. • The request would vacate the existing right-of-way of Blue Gentian Circle in its entirety. The description for the vacated road is as it is physically laid out and traveled. The right-of-way will not be necessary for public road or easement purposes within the proposed development. • 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 public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page Print Preview Page I of I Dakota County, MN ' S S Y >t. 4; .cam, i ' 1 E a'x~i. aw.. _ 7 «.F ? 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INC. -JI •21 ~ 1 tf-1Jl'--l4l: f'11V p9.M1 ~ I ~ " 1b e0UM YNIMIMV wIYGTAW 56•il (tl'Q .]F900D rT y. Cil V1- _ 19 nK•"~M~~. ~Na° ~ ~,~1 NL",." \ ~t N~ ~ / I$- 589°43'47' 40.08 /z J1O~noe yn I \ 7. Agenda Information Memo January 3, 2008 Eagan City Council Meeting H. SAFE ROUTES TO SCHOOL AGREEMENT - RED PINE ELEMENTARY ACTION TO BE CONSIDERED: Approve an agreement with MnDOT accepting federal funding on behalf of Red Pine Elementary for a Safe Routes to School grant. FACTS: • Safe Routes to School (SRTS) is a program in the 2005 federal transportation bill, SAFETEA -LU, designed to improve the conditions and quality of bicycling and walking to school. • An estimated $8 million has been authorized for Minnesota's Safe Routes to School program and is made available through a competitive application processes. To date, approximately $5.1 million has been awarded with a final solicitation planned in 2009. • Red Pine Elementary submitted a non-infrastructure project application on January 31, 2007 requesting $10,000 for several engineering, education, evaluation and encouragement activities to develop and promote a Safe Routes to School plan (which would be published on Red Pine's website). • MnDOT received 111 project applications for the 2007 solicitation. Under the 2007 solicitation, SRTS awarded $1.3 million to infrastructure projects and $250,000 to non - infrastructure projects for a total of $1.55 million. The program accepted 2007 grant applications for amounts between $10,000 and $175,000 for infrastructure projects and for amounts between $10,000 and $50,000 for non-infrastructure projects. • Red Pine Elementary was notified in April that they were 1 of 23 project applications accepted for 2007 SRTS funds. • The Federal funding must be issued and administered through the local government unit (LGU). MnDOT has prepared an agreement identifying the City of Eagan as the contract administrator for the federal transportation funds. • The Agreement has been reviewed by the Public Works Department and City Attorney's office and found to be in order for favorable Council action. qGT Agenda Information Memo January 3, 2008, Eagan City Council Meeting 1. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR APPLEBEE'S RESTAURANTS NORTH LLC DBA APPLEBEE'S NEIGHBORHOOD GRILL & BAR, 1335 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for Applebee's Restaurants North LLC dba Applebee's Neighborhood Grill & Bar, 1335 Town Centre Drive. FACTS: ? A change in the corporate ownership of Applebee's Neighborhood Grill & Bar has necessitated the need for a new on-sale liquor and Sunday license. Applebee's Restaurants North LLC has applied for the licenses. ? Applebee's Restaurants North LLC is expected to acquire the Eagan Applebee's Neighborhood Grill & Bar following approval of the liquor license. ? The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on-sale liquor and Sunday license. ATTACHMENTS (0): a9 Agenda Information Memo January 3, 2008, Eagan City Council Meeting J. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT DON PABLO'S, 1280 PROMENADE PLACE ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license for Don Pablo's located at 1280 Promenade Place. FACTS: ? A change in management has occurred at the above referenced location. The new manager of Don Pablo's, Duane Daman, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo January 3, 2008, Eagan City Council Meeting K. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT JENSEN'S SUPPER CLUB, 3840 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license for Jensen's Supper Club located at 3840 Sibley Memorial Highway. FACTS: ? A change in management has occurred at the above referenced location. The new manager of Jensen's Supper Club, Michael Murnane, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo January 3, 2008, Eagan City Council Meeting L. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT GRANITE CITY FOOD & BREWERY, 3330 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license for Granite City Food & Brewery located at 3330 Pilot Knob Road. FACTS: ? A change in management has occurred at the above referenced location. The new manager of Granite City Food & Brewery, Janelle Adams, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo January 3, 2008, Eagan City Council Meeting M. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT APPLEBEE'S NEIGHBORHOOD GRILL & BAR, 1335 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license for Applebee's Neighborhood Grill & Bar located at 1335 Town Centre Drive. FACTS: ? A change in management has occurred at the above referenced location. The new manager of Applebee's Neighborhood Grill & Bar, Amy Saldana, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo January 3, 2008, Eagan City Council Meeting N. APPROVE CHANGE IN MANAGEMENT ON THE OFF-SALE BEER LICENSE AT HOLIDAY STATIONSTORE #247, 3615 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the off-sale beer license for Holiday Stationstore #247 located at 3615 Pilot Knob Road. FACTS: ? A change in management has occurred at the above referenced location. The new manager of Holiday Stationstore #247, Donald White, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): 35 Agenda Information Memo January 3, 2008, Eagan City Council Meeting 0. APPROVE CHANGE IN MANAGEMENT ON THE OFF-SALE LIQUOR LICENSE AND THE OFF-SALE BEER LICENSE AT SAM'S CLUB #4738,3035 DENMARK AVENUE (INCLUDING SUITE 1) ACTION TO BE CONSIDERED: To approve a change in management on the off-sale liquor and the off-sale beer license for Sam's Club #4738 located at 3035 Denmark Avenue (including Suite 1). FACTS: ? A change in management has occurred at the above referenced location. The new manager of Sam's Club #4738, Kenneth Eaglehouse, has completed the necessary forms and paid the appropriate investigation fee. ? The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo January 3, 2008 Eagan City Council Meeting OLD BUSINESS A. Approve Proposed 2008 Burnsville/Eagan Telecommunications Commission and Burnsville/Eagan Community Television Budget ACTION TO BE CONSIDERED: Approve the combined proposed 2008 budget for Burnsville/Eagan Telecommunications Commission (BETC) and Burnsville/Eagan Community Television (BECT). FACTS: • At the December 18 regular meeting, this matter came before the Eagan City Council for the first time, following approval by the Burnsville City Council the night before. • Staff acknowledges that the combined BECT/BETC budget had not been at a previous work session, were reaching Council late in the budgeting process and- because of the joint powers nature of the budget-documents were not in the format Eagan's Council was used to seeing. • Burnsville is the fiscal agent for generating these budget documents and had converted late in the year to a new financial accounting system. Also, as noted on the 18`h, because of a recent FCC decision and several funding uncertainties on the horizon, staff had hoped to have as much clarity as possible on the budget numbers before bringing them forward for approval. • While there was general agreement that the 2008 BECT/BETC budget reflected historical costs, Councilmember Carlson questioned why personnel costs have gone up $111,000 in three years' time, from approximately $442,000 in 2005 to approximately $553,000 in the 2008 proposed budget. • A history of personnel costs going back to 2003 will help explain the answer: (The FTE figures below reflect budgeted positions.) 2003 act. 2004 act. 2005 act. 2006 act. 2007 bud. 2008 bud. $550,000 $493,000 $442,000 $497,000 $526,000 $553,000 11 FTE 8 FTE 8 FTE 8 FTE 8 FTE • In March 2004, the Eagan City Council was presented with a five-year plan and CIP, along with a recommendation that staffing be reduced from approximately 11 FTEs to 8. • That plan was approved, but there was significant staff transition and the 2005 actual numbers are low because several positions were not filled until later in the year. (For instance, the full-time production specialist position formerly held by Kay Christenson was open from January through April, a part-time receptionist 3~ was not hired until April that year, another part time production assistant position was not filled until November, 2005. Even with unbudgeted unemployment expenses, $34,900 was not expended that year that normally would have been.) • The increases from 2006 to 2007 and from 2007 to 2008 were in the normal 5% range. The 12.5% increase from 2005 to 2006 was because positions were finally filled. Full-time staffing has not increased beyond that allocated number, however additional part-time hourly cablecasters are being used to assist in the popular Web streaming of meetings. • If members have additional questions in advance of the meeting, please contact Administrator Hedges, Director Garrison or Chief Financial Officer Pepper. • Finally, even with approval, it is likely, based on several factors (the final facility location decision, the results of the 2008 state legislative session, the outcome of negotiations with Comcast, and a determination by the federal courts regarding staying the imposition of the FCC orders) that for any one of these reasons or for all of them, staff and the two city council may need to revisit or revise the budget sometime in 2008. ATTACHMENTS: • The combined 2008 BECT/BETC operating budget in the City's standard format ~2 C> is attached on pages 7 ! - through E57 City of Bapa 2008 Proposed Budget Operating Budget Burnsville/Eagan Telecommunications Commission (BETC) Burnsville/Eagan Community Television (BECT) PURPOSE & DESCRIPTION Burnsville/Eagan Telecommunications Commission (BETC) is the administrative body charged with enforcing the terms of the cable television franchise agreement between the cable provider and the cities of Burnsville and Eagan. Burnsville/Eagan Community Television (BECT) provides public, educational, and government programming through a partnership of volunteers and professional staff. BECT provides television production equipment facilities, and channel time to televise locally-produced programming. It is cable programming by the community, for the community. POSITION INVENTORY - BECT Personnel 2005 2006 2007 2008 Hours TV Production Supervisor 1 1 1 1 2,080 Community Programming Mgr 1 1 1 1 2,080 Video/Electronics Tech 1 1 1 1 2,080 PEG Mobile Studio Coord 1 1 1 1 2,080 TV Prod Specialist--Videographer/Editor 1 1 1 1 2,080 TV Prod Specialist--Burnsville/Eagan 1 1 1 1 2,080 TV Prod Specialist--PEG Access 1 1 1 1 2,080 TV Production Assistant 1 0.5 0.5 0.5 1,040 Receptionist 0 0.5 0.5 0.5 1,040 8 8 8 8 16,640 City of Eagan 2008 Proposed Budget Operating Budget Burnsville/Eagan Telecommunications Commission (BETC) Burnsville/Eagan Community Television (BECT) HIGHLIGHTS & CHANGES Expenditures by Category Supplies & Other Overview: The 2008 BETC/BECT budget is down Professional Services & $59,667, or 5.7%, from 2007, primarily due to a Services charges $88,900 reduction in capital spending. Excluding 4% 28% capital, operating expenses are up $29,233, or Capital 3.5%. Personal Outlay Services 12% Hiuhlictht/Channe 1: Funding uncertainties exist 56% due to recent FCC decisions and the possibility of a statewide franchising bill. If it is ultimately determined that PEG fees may only be used for capital expenditures, as the new FCC ruling is widely interpreted to say at this time, funding for operations would be significantly affected. Financial Impact: If the FCC ruling/interpretation stands, total operating expenditures of $864,631 would have only City contributions (currently $207,000 total) and other revenues (about $30,000) to support them. Absent alternative revenue sources, existing BECT/BETC fund balance could be utilized, but would run out in a couple years. Service Level Impact: Operations would have to be significantly curtailed and/or another funding source must be identified if PEG fees are restricted for capital. Hiehlight/Channe 2 A final determination on BECT's facility location will be made during 2008 as the existing lease expires at the end of 2008. Financial Impact: Because the specific site and lease details are unknown at this time, rent is budgeted at approximately the same level as under the existing lease. $5,000 has been budgeted under Other Professional Services for moving expenses. Service Level Impact: No service level impact of the move is known at this time. EXPENDITURE SUMMARY Actual Actual Budget Budget Expenditure 2005 2006 2007 2008 Personal Services 442,369 $ 497,087 $ 525,748 $ 553,276 Supplies & Professional Services 39,097 39,929 42,600 41,600 Other Services & Charges 255,223 267,408 267,050 269,755 Capital Outlay 177,336 41,550 205,000 116,100 Total $ 914,025 $ 845,974 $1,040,398 $ 980,731 3~ City of Bap 2008 Proposed Budget Operating Budget Burnsville/Eagan Telecommunications Commission (BETC) Burnsville/Eagan Community Television (BECT) REVENUE DETAIL 2005 2006 2007 2008 Actual Actual Budget Budget Contribution from Eagan $ 103,500 $ 103,500 $ 103,500 $ 103,500 Contribution from Burnsville 103,500 103,500 103,500 103,500 PEG Fees 647,983 671,072 670,000 695,000 Interest 20,572 25,191 - - Cable class fees 450 495 500 500 Cable dub/rental/other 14,576 11,191 12,000 17,500 Showcase sponsorship 2,762 2,740 4,500 2,500 Comm program sponsorship 1,491 - 7,500 10,000 Tower space rental - 600 600 - Rents & royalties - 300 - - Contributions/donations 500 - - - Other - (481) - - Total Revenues $ 895,334 $ 918,108 902,100 932,500 Use of fund balance 138,298 48,231 Total Revenues and Other Financing Sources $ 1,040,398 $ 980,731 I/o city of Evan 2008 Proposed Budget Operating Budget Burnsville/Eagan Telecommunications Commission (BETC) Burnsville/Eagan Community Television (BECT) EXPENDITURE DETAIL 2005 2006 2007 2008 Actual Actual Budget Budget PERSONAL SERVICES FT - Salaries/benefits $ 401,807 $ 434,172 $ 459,363 $ 482,340 FT - Overtime 2,734 2,904 3,090 3,090 PT - Salaries/benefits 30,726 53,011 56,295 60,846 PT - Overtime 102 - - - Other 7,000 7,000 7,000 7,000 Total Personal Services 442,369 497,087 525,748 553,276 SUPPLIES & PROFESSIONAL SERVICES Office supplies 3,535 3,228 4,500 4,500 Printing/forms 437 1,032 3,000 3,500 Auditing/accounting 4,200 1,020 4,100 2,600 Legal fees 17,688 12,170 15,000 16,000 Other professional svc 13,237 22,479 16,000 15,000 Total Supp & Prof Svc 39,097 39,929 42,600 41,600 OTHER SERVICES & CHARGES Cleaning supplies 5,365 6,051 6,500 6,500 Other supplies/mtg exp 8,546 6,039 6,500 6,500 Bldg materials - 329 500 1,000 Motor fuels/oil 1,553 1,628 2,000 2,000 Other march for resale - - 1,000 1,000 Telephone 2,334 1,858 4,600 3,600 Postage 1,140 1,441 1,700 1,000 Advertising 4,492 5,291 4,000 6,200 Insurance 8,732 13,071 14,000 15,000 Electricity 10,340 10,271 10,000 10,500 Heating fuel 2,807 2,264 3,200 2,500 Refuse disposal 441 493 500 500 Tuition & fees 4,595 4,350 10,100 6,575 Travel 1,564 1,153 1,750 2,000 Lodging/meals 476 818 500 1,000 Building rent 137,608 138,670 124,500 129,760 Equipment rent 1,066 6,021 5,400 6,000 Bldg maintenance 18,363 23,793 23,000 20,500 Vehicle maintenance 2,863 3,025 2,000 2,000 Equipment repair 30,005 26,397 30,000 30,000 Network/PC maint 4,000 8,750 9,000 9,000 Dues & subscriptions 4,750 591 800 1,120 Other 4,183 5,104 5,500 5,500 Total Other Svcs & Chrgs 255,223 267,408 267,050 269,755 CAPITAL OUTLAY Equipment 166,731 41,550 194,000 109,500 PC/printers 10,142 - 10,000 5,600 Furniture & fixtures 463 - 1,000 1,000 Total Capital Outlay 177,336 41,550 205,000 116,100 TOTAL EXPENDITURES $ 914,025 $ 845,974 $ 1,040,398 $ 980,731 -5.7% 41 Agenda Information Memo January 3, 2008 Eagan City Council VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - THE SHOPS AT GRAND OAK ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: The Shops at Grand Oak are part of the Grand Oak office complex approved via a Planned Development in 2005. A Planned Development Amendment to allow a seasonal Farmers Market was approved in 2007, which amended the overall signage plan to include temporary signage and a banner on the pylon sign during the market period. The applicant proposes to add tenant panels onto the existing pylon sign, which is already at the maximum overall signage allowed, 125 square feet. The tenant panel total area is proposed to be 24 square feet, a 20 percent increase. In comparison, a dynamic sign at this location would require 15 inch characters, whereas the proposed panels range from 6 inches to 16 1/2 inches. ? The Advisory Planning Commission held a public hearing on December 20, 2007 and is recommending denial. ISSUES: ? The applicant has proposed a deviation from the Sign Ordinance to increase the overall signage of the pylon sign by 20 percent. ? The APC shared concerns regarding the usefulness or need of the proposed tenant panels given the lack of visibility. The APC also stated that existing building signage is very visible and effective. ? The applicant has submitted a modified request and supporting text (attached). 60 DAY AGENCY ACTION DEADLINE: January 19, 2008 ATTACHMENTS (3): Draft December 20, 2007 APC mint'+Pc on pages through Staff report on pages through E-mail/Graphic from applicant on pages / _through. APC Minutes December 20, 2007 Page 1 of 6 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA December 20, 2007 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 20, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Zoberi, Dugan, and Heaney. Also present were City Planner Mike Ridley, Planner Pamela Dudziak, Planner Sarah Thomas, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Zoberi moved, Member Keeley seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. NOVEMBER 27, 2007, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Zoberi moved, Member Keeley seconded a motion to approve the November 27, 2007, Advisory Planning Commission meeting minutes. All voted in favor. Motion carried 6-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Shops at Grand Oak Applicant Name: Interstate Partners LLC Location: 2864 & 2874 Highway 55; Lot 3, Block 1, Grand Oak Five Application: Planned Development Amendment A Planned Development Amendment to modify the uniform signage plan. File Number: 02-PA-13-11-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 11, 2007. She noted the background and history. Chair Hansen opened the public hearing. 13 APC Minutes December 20, 2007 Page 2 of 6 There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Dugan stated he will be abstaining from voting on the item. Member Keeley stated concern for the legibility of the sign from the road and stated the sign should remain as it is currently presented. Member Chavez stated the requested 20% signage deviation is significant. Chair Hansen stated the existing building signage is attractive and effective and questioned the need for the panels. Matt Miller, Interstate Partners, explained that the proposal is based on a request from a tenant to enhance visibility and assist customers trying to locate Time Out Restaurant & Bar. Chair Hansen stated concern for the deviation from the sign ordinance. He also stated that the added clutter appears to provide no benefit; as such, he will vote against the item. Member Keeley stated her belief that a clearer understanding of access will not be achieved by adding the proposed panels. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak, located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2 subject to the following conditions: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the tenant panels. 3. The tenant panels shall not exceed the dimensions as indicated on the sign exhibit received on December 11, 2007. A vote was taken. All voted against. Motion failed: 0-5. Member Dugan abstained from voting on this item. Member Keeley moved, Member Zoberi seconded a motion to recommend denial of a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak, located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2. A vote was taken. All voted in favor. Motion carried: 5-0. Member Dugan abstained from voting on this item. Al PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2007 CASE: 02-PA-13-11-07 APPLICANT: Interstate Partners LLC HEARING DATE: December 20, 2007 PROPERTY OWNER: Interstate Partners LLC APPLICATION DATE: Nov. 20, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 2864 and 2874 Highway 55 COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting* approval of a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak, located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004, the City Council approved a Comprehensive Guide Plan Amendment to change the designation from Special Area 2-Business Park to Special Area 2-Office/Service, a Rezoning of approximately 13.5 acres from Business Park to Planned Development (to allow two office buildings, a bank and two retail/service buildings) and a Preliminary Subdivision of approximately 13.5 acres to create four lots. Planning Report - December 20, 2007 Shops at Grand Oak Page 2 In 2006, the City Council approved a Planned Development Amendment to allow up to 25,000 SF of healthcare facilities between Grand Oak IX and Grand Oak X office buildings. Also, the City Council approved a Planned Development Amendment in 2007 to allow a seasonal farmers market. EXISTING CONDITIONS A 124 square foot pylon sign exists on the property. SURROUNDING USES The subject property is surrounded with office and office/warehouse uses consisting of Business Park Zoning and Special Area Land Use Designations. EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to add tenant panels on the existing pylon sign located of Lot 3, Block 1, Grand Oak Five. The four proposed panels equal 24 square feet and, individually, vary in size from 6 inches to 1 foot, 4 1/2 inches,. They are proposed to be double faced and internally lit. Si na e - An overall signage plan for the subject property was approved on April 5, 2005. The Council amended the signage plan on October 16, 2007 to include the following as part of the seasonal Farmers Market: ? A 12-foot by 36-inch vinyl banner shall be placed on each side of the existing pylon sign which may be displayed from the third Thursday in August through October. ? One 3' x 6' temporary sign, limited to Farmer's Market event information, on 2805 Dodd Road (Lot 1, Block 1, Grand Oak Five) beginning the second week of August through the end of October. ? One 3' x 3' temporary sign, limited to Farmer's Market event information and posted the day of the event only, located at the entrance off of Highway 55 (Lot 4, Block 1, Grand Oak Five) beginning the second week of August through the end of October. Any signs that were not included in the signage plan are subject to the requirements of the City of Eagan Sign Ordinance. The existing pylon sign was approved to be 25 feet in height and 124.64 square feet in size. The City Code allows for a pylon no greater than 27 feet in height and no larger than 125 square feet in area per side. The proposed tenant panels would create a deviation from the City Code as the overall square footage is proposed to be 149.64 square feet. 4w Planning Report - December 20, 2007 Shops at Grand Oak Page 3 Also, staff has concerns regarding the proposed height of the tenant panels. The City Code requires the character height to be based upon the speed limit of the adjacent roadway for dynamic signs. This requirement does not apply to static signs, however, it may be used as a guide during review. The character height requirement for this sign would be 15 inches for the 55 mph speed limit on Highway 55. As mentioned, the proposed tenant panels vary in size from 6 inches to 1 foot, 4 V2 inches which results in the character height being significantly smaller than 15 inches. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to add 24 square feet of tenant panels on an existing pylon sign as well as a temporary banner for the Farmers Market. The City Code allows a maximum of 125 square feet and therefore the panels would require a deviation from the code. Additionally, staff has concerns regarding the utility of the proposed character sizes of the tenant panels which will have limited, if any, visibility of such panels from Highway 55. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow tenant panels on the existing pylon sign for The Shops at Grand Oak, located at 2864 and 2874 Highway 55, legally described as Lot 3, Block 1, Grand Oak Five, in the NE 1/4 of Section 2. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the tenant panels. 3. The tenant panels shall not exceed the dimensions as indicated on the sign exhibit received on December 11, 2007. `t i Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint t A r .00 ow 4 . as ¦ a ¦ Subject Site - • - ft n1 j i ~ • c.$.~.w .o.as aon. aut i D.i CLY..I.YM ' ~ 1 ~ , ~~MWI 1000 0 1000 2000 Feet Development/Developer. Interstate Partners LLC Application: Planned Development Amendment Case No.: 02-PA-13-11-07 ~n 49 N ~j tJ Of EaLL11A11 THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community D.v.iopm.nt D.partm.nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Interstate Partners LLC Land Use Map Planned Development Amendment 02-PA-13-11-07 6P Zoning Map BP A p 6$ eo f -i 9,Gt PD Current Zoning: BP PD Location BP Planned Development PD PD 1-1 1 PD PD 1-i OA 600 0 600 1200 Feat I-i 9A Comprehensive Guide Plan SA Land Use Map SA SA 7 SA Current Land Use Designation: SA Location arq~~oa SA k""y NQ SA Special Area SA IND IND SA SA IND IND 600 0 800 1200 Feet 9A N Pareel base map information provided by Dakota County Land Survey Department Decmber 2005. Zoning information maintained by City Staff. My of Ea p '_JI W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S TM SIGH ART CO 17, 2933 MODDOVI ROAD EAD CLAIRE, W1511701 811035-5178 FAX (719)8311-01189 2170 DODO ROAD MEAIIOTR HEIGHTS, MA 55120 f 12)688-0563 00-099-0563 EAX (612)688-2081 1Hmw.SIGAARTUSA.COH1 DOUBLE-FACED MULTI-TENANT ® U~ PYLON CABINET; INTERNALLY lam ILLUMINATED. 4'-O' X 6'-O'= 24 SQ.FT. 5 '-0" 6 GRADD OAR BUSUIESS PARR - TIME • RESTAURANT SPORTS BAR TIME EAGAH. MD ANDJIMMY • CARIBOU COFFEE JIMMY JOHN'S x Lli IfITERR~/,LY,' !y6 M ' "GLE TENANT Sir CARIBOU COFFEE TENANT CD G.O. Farmers Market o U) Every Thursday Aug. 16th thru Oct. 25th, 3:30 - 6:30 pm BANNER BY OTHERS G.O. Farmers Market Every Thursday Aug. 16th thru Oct. 25th, 3:30 - 6:30 pm 0 12'-0" i) RECEIVED DEC 1' 1200'1 S DRAVING WAS CREATED TO ASSIST YOU I N VISUALIZING OUR PROPOSAL -Mb I COMPANY AND MAY NOT BE REPRODUCED 2 BY OTHERS GrandOak-Pylon Page 1 of 1 Sarah Thomas From: Matt Miller [MMiller@interstatepartnersmn.com] Sent: Thursday, December 27, 2007 12:09 PM To: Sarah Thomas Subject: Uniform Signage PD Amendment - Shops at Grand Oak Pylon Sarah, Unfortunately my sign company has not been able to turn around, as of this minute, the proper elevations I am requesting. I do expect it in the next 1 - 1 '/2 hours and will forward it on to you then. It will propose two elevations, the first has been modified to show two 15" panels (one with "Time Out" on it and one indicating the entrance is off of Dodd) for a total size of 17.25 SF, which represents a 25% reduction in the overall signage of 23 SF as originally submitted; the second elevation shows one 15" panel indicating that entry to the retail is off Dodd. The second elevation illustrates an overall size of 9 SF which is a reduction of approximately 60% from the originally submitted design. The request for this application to be made came from tenant comments indicating that they are receiving complaints about how to enter the retail center (and these comments seem to be from people coming fro the west). It is my hope that with a reduction in the overall size of the additional signage, pursuant to the APC's comments about the clutter and the overall increase of the Pylon signage (I believe Commissioner Chavez mentioned that it was a 20% increase in the sign), that the City Council will still consider approval of this request. I appreciate the fact we are requesting a variance to exceed the city accepted sign standards and I do so on behalf of a tenant request and their opinion that the additional signage is needed to help direct people coming from the west on Highway 55 to the Shops at Grand Oak. Is it possible to include this e-mail in the Council's package without the new elevations? Matthew L. Miller Development Manager Interstate Partners LLC 860 Blue Gentian Road Eagan, MN55121 phone: 651-406--8050 fu: 651-106--8628 S1 i11 /110/1)Wily A V M1,130MINal~1 DOUBLE-FACED MULTI-TENANT PYLON CABINET; INTERNALLY SI6fl ART CO. 2938A ILLUMINATED. TIlE, IAI7 Enu CLAIRE, w1 947n1 4'-0" X 6'-0" = 24 SQ.FT. (71b?8lh9127 80 2399178 111 Sk AT FAX (719)83+01189 2170 DODD ROAD MEnnom HEIGHTS, MD DD120 (01288-0969 800-9 FAH (912JG88 ,was-2081 61-O° ururm.sr6neRTUSe.cnm ~ 5'4" .00 15" TIME OUT GRAND OAK BUSINESS PARK • D•DD 15" EAGARIVIN TIME OUT ENTER ON DODD INTERNALLY ILLUMINATED SINGLE FACE MONUMENT SIGN <J .O. Farmers Market Every Thursday BOB SHERLOCK~ 5 t " Aug. 16th thru Oct. 25th, 3:30 - 6:30 pm O. Farmers Market 17-0" % Every Thursday BANNER BY OTHERS Aug. 16th thru Oct. 25th, 3:30 - 6:30 pm CHARACTER HEIGHT 8-1/2" 'TIME' 4-3/4" 'ENTER' 5-3/4" arrow Agenda Information Memo January 3, 2008, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - YMCA PYLON SIGN ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a pylon sign located at 500 Opperman Drive on Lot 1, Block 1, YMCA 2nd Addition in the NE 1/4 of Section 13, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ? The applicant is proposing a 7-foot, 9-inch tall and 10-foot wide pylon sign with a LED message center to allow for announcement of events and programs. ? Three building signs exist on the property but no freestanding signs. ? The applicant is proposing the new pylon be placed at the eastern driveway, 10 feet from the Opperman Drive right-of-way and outside of any easement areas. ? The proposal satisfies the Sign Ordinance standards for pylon and dynamic signs, and appears compatible for the proposed location. ? The Advisory Planning Commission held a Public Hearing on December 20, 2007 and is recommending approval. ISSUES: None. 120 DAY AGENCY ACTION DEADLINE: March 20, 2008 ATTACHMENTS (2): Draft December 20, 2007 APC minutes on pages g t i.igl'_.___ Staff report on pages through&. APC Minutes December 20, 2007 Page 3 of 6 B. YMCA Applicant Name: Fish & LaBeau Signs Location: 550 Opperman Drive; Lot 1, Block 1; YMCA 2nd Addition Application: Conditional Use Permit A Conditional Use Permit to allow a pylon sign. File Number: 13-CU-14-11-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 6, 2007. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Conditional Use Permit (CUP) to allow a 7', 9" high, 79 square foot pylon sign for property located at 550 Opperman Drive, legally described as Lot 1, Block 1, YMCA 2nd Addition, in the NE 1/4 of Section 13 subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property lines and remain outside of easement areas. 4. The pylon sign shall be located as indicated on the site plan received November 21, 2007. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated December 5, 2007. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. A vote was taken. All voted in favor. Motion carried: 6-0. S1 PLANNING REPORT CITY OF EAGAN REPORT DATE: December 6, 2007 CASE: 13-CU-14-11-07 APPLICANT: Fish & Labeau Signs HEARING DATE: December 20, 2007 PROPERTY OWNER: YMCA APPLICATION DATE: Nov. 21, 2007 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 550 Opperman Drive COMPREHENSIVE PLAN: I-l, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow a 7', 9" high, 79 square foot pylon sign for property located at 550 Opperman Drive, legally described as Lot 1, Block 1, YMCA 2nd Addition, in the NE 1/4 of Section 13. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - YMCA Sign CUP December 20, 2007 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was originally subdivided in the early 1990's and the Southwest Area YMCA building was constructed shortly after that. The property was further subdivided in 2001 to allow an expansion off the west side of the building to meet required setbacks. EXISTING CONDITIONS A recreation facility and a daycare exist on the property. There are currently three building signs; A "Y", a YMCA, and a day care sign. There are no freestanding signs on the property. SURROUNDING USES The properties surrounding the subject property are used and guided for Industrial use, except for a single family home which is adjacent to the east side of the property. EVALUATION OF REQUEST Compatibility with Surrounding Area - Limited Industrial (I-1) districts are intended for use by warehousing, manufacturing and light industrial uses. Indoor commercial recreation is also a permitted use within the I-1 zone. A pylon sign is a Conditional Use. I* Planning Report - YMCA Sign CUP December 20, 2007 Page 3 Proposal - The applicant is requesting a CUP for a pylon sign with a LED message center to allow for announcement of events and programs affiliated with the YMCA. The dynamic portion of the sign is auto-adjusting (meaning it will adjust as the ambient lighting changes). Sign Ordinance - The general sign standards of the dynamic sign code allow a message to change every 20 minutes and the dynamic sign must be subordinate to the business name portion of the sign. The character height is based upon the speed limit of the adjacent roadway, which is 9" for the 35 mph speed limit on Opperman Drive. The City Code allows for a pylon no greater than 27' in height and no larger than 125 square feet in area per side with approval of a Conditional Use Permit. Pylon signs are not to be located within 300 feet of each other on the same side of the street. The proposed sign is 79 square feet and 7 feet, 9 inches in height. The proposed pylon sign is to be located 10 feet from the Opperman Drive right-of-way and outside of easement areas, meeting standard Sign Code requirements. SUMMARY/CONCLUSION The applicant is requesting approval of a CUP for a 7', 9" high, 79 square foot pylon sign with a LED message center. The message may change every 20 minutes per the Sign Ordinance. The proposed sign appears compatible at the proposed location and appears to satisfy bulk standards for pylon signs in the Sign Ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow a 7', 9" high, 79 square foot pylon sign for property located at 550 Opperman Drive, legally described as Lot 1, Block 1, YMCA 2"d Addition, in the NE 1/4 of Section 13. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval by the City Council. 2. An administrative Sign Permit shall be obtained from the City prior to installation of the pylon sign. 3. The pylon sign shall be setback a minimum of 10 feet from all property lines and remain outside of easement areas. 4. The pylon sign shall be located as indicated on the site plan received November 21, 2007. 5. The pylon sign shall not exceed the dimensions as indicated on the sign exhibit dated December 5, 2007. 6. The pylon sign shall comply with all Sign Code requirements; including the message changing no more than once every twenty minutes. Eagan Boundary Right-of-way a Par Area Location Map Park Are k Area Building Footprint PPERMAN DRA r pis ' ? w i I t a'" ti w a • s Subject Site ~ : - ~ S ~ / 7t YI y s e i • 1? t + r- ti s ti I&I-1 all 46 + ?r ~I ? 1 + w~, `',r i fin. ` w ? ? s arr.? ~ ~ s o ? 'I'mo O ha ?w s w! w r w t~ w• i C7 ~ s • ~ 1000 0 1000 2000 Feet naaa~aaaai Development/Developer. YMCA Application: Conditional Use Permit Case No.: 13-CU-14-11-07 City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E : The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Communtty Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan YMCA Conditional Use Permit Land Use Map 13-CU-14-11-07 Zoning Map Location OPPERMBR DRIVE PD I.1 Current Zoning: `y} g I•i 1-7 P Limited Industrial PD I.1 PD 600 0 600 1200 F..t Comprehensive Guide Plan IND IND Land Use Map Location OPPERVAN DRIVE IND IND =4. Current Land Use Designation: P IND IND Limited Industrial L IND 000 0 000 1200 F..t N Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. Jn Zoning information maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY My of Ea aIl The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S a 120 in .1.00 aluminum sign faces with ? Southw _ law cut letters & logo backed with white acrylic and illuminated ;YMC V Area with florescent tubes & ballast. UL Listed i Photo Eye or Tin-,:;s Remote Shut Off Switch w ZM Red Led Characters E:la~ is Becl.raround 109.03 in nritiorn REVS j - " 0 J Ind. OPPERMAN DRIVE ' = - - - - w I - ; -862- u 1 I - b_-- 1 1 1 I I 1 1 1 I 1 u I Co CCNV*TWIRWBLTO CONTnOL MNC NHRTwr L-UUFTITATIOH UL 1 wwl4Qu - - - - - - - - - - - - - - - - - - - - - - \ Co1lmNNw _ - N\ J -----------7 \ T~ O i uwweannlwanonNa 1 VGi:~ (G~ ct?tf 111=12 14VI 16 C) e r_`$ 1{- E-B E~ J LAN SCAPING - --7---I r---- III - 11------------- Tze - - J 1 \ III I II I vALVawwxou B T T i T i B T-B T-B T-B ? ' II - : $83 -rr- = w 71\ F-- I I - - 2 JSPRINK V 1 I III I III r~----r--fT, ~ I t\ I \ I I I ~uuauNTAfucuns I m J I / ; i I I ePRIN L' I I I I I I I i _ - I I I I I , I I I 1 10' 20' LIFT STATION L-56 - SITE PLAN METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES LIFT STATION IMPROVEMENTS FIGURE C8.1 Bonestroo 66000000BI DWO DATE: Co ` T I V ED ' 1~4t1 210, • ~'~~.1 Gc~,l~~t1 ~ U±UHd yy/ I•. ttii 1 ; ~ +f a~w A e « Y,a VIP " fi "fir 1 a l e way: f r T f Ply, 1 rilFt a ~ f 'F F \ i A...T r- . ~ry~ ~y~ kr~ "g; ^-M""''^wo.+w'~„^~a:.•kwr:.:.. ~y~ ' zi ' ref M4 y V" t Y err ~ ~ r,•. I - 7~~Pi h~- ,•y5 yr r 7 4 f a ~xl J yl 'Ij Y~ ~ 2 .l~ I s N -1r.. •.ab .,:~6'; ; ra~di u,; ~d: r.-•I F - Au Wis. w - u~. J~,'v.~ r§~- ? i'" ,,~'R`,'. +C. „:,,~ti,rv„ ~`y I.st Agenda Information Memo January 3, 2008 Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (DIFFLEY MARKETPACE 2ND ADDN.) - RELIANCE DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Diffley Marketplace 2nd Addition) to create five lots upon approximately 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW 1/4 of Section 26, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? The Diffley Marketplace subdivision was platted as a single parcel earlier this year. ? A Planned Development was approved for this site for five commercial retail buildings. ? Subdividing the property creates separate lots for each building, and allows for separate ownership of each lot. ? The PD anticipated future subdivision and the development plans are not proposed to change with this subdivision. ? Cross-easements will need to be executed for ingress/egress and shared parking. ? The site is subject to cash park and trail dedications for future development, payable at the time of building permit at the rates then in effect. ? The Advisory Planning Commission held a public hearing on December 20, 2007, and recommended approval of the Preliminary Subdivision, subject to the conditions in the APC minutes. 120-DAY STATUS: January 6, 2008 ATTACHMENTS (2): December 20, 2007, Draft APC ,inutes, pages Staff report, pages through 67~ APC Minutes December 20, 2007 Page4of6 C. Diffley Marketplace Second Addition Applicant Name: Diffley Ventures, LLC Reliance Development Co. Location: Lot 1, Block 1, Diffley Marketplace Application: Preliminary Subdivision A Preliminary Subdivision of 10.94 acres to create five (5) lots for retail commercial. File Number: 26-PS-13-11-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated December 12, 2007. She noted the background and history. Chair Hansen opened the public hearing. Tom Kukulski, 997 Trillium Court, discussed previous decisions regarding the development of the property and stated the subdivision may be premature. Mr. Kukulski stated his understanding that there is no anchor tenant/buyer for this development and his fear that only the retail buildings will be constructed and not the grocery store. City Planner Ridley explained that the subdivision request was properly before the Planning Commission. He also discussed the Planned Development Agreement for the property and explained that should any future deviation be requested, a public hearing before the Advisory Planning Commission and approval by the City Council would be required. David Stradtman, Reliance Development, discussed the history with the grocery lease and stated their intent to build a grocery store during the 2008 construction season. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Preliminary Subdivision to create five commercial lots upon 10.94 acres located south of Diffley Road between Lexington Avenue and Daniel Drive, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW 1/4 of Section 26 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, C1, C2, c4, D1, and El 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 4. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received to'-' APC Minutes December 20, 2007 Page 5 of 6 Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The reconstruction of the access onto Diffley Road, and all necessary modifications to Diffley Road to accommodate the 3/4 access, as required by Dakota County, shall be the responsibility of the developer. 7. Cross easements for ingress-egress between the proposed lots shall be provided in a form acceptable to the City Attorney. 8. Cross easements for shared parking between the proposed lots shall be provided in a form acceptable to the City Attorney. 9. Sanitary sewer, water main, and storm sewer systems within the development shall be covered with private easements, in a form acceptable to the City Attorney, allowing for their private maintenance by the property owners. 10. This development shall be responsible for obtaining a permit from Dakota County for all work within Diffley Road right-of-way. 11. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond shall be consistent with the Final Planned Development which was approved in August 2007. 12. A cash water quality dedication for the portion of the property that drains off-site (-1.04 acres) shall be paid prior to issuance of any building permit, or prior to release of the plat for recording, whichever occurs first. The amount due will be based on the rates in effect at that time. 13. This development shall fulfill required tree mitigation through the installation of at least fifty- four (54) Category B trees, or an equivalent combination of Category A, B, or C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall 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 along and just south of the south property line. 15. The developer 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. 16. This development shall provide screening of mechanical equipment (ground or rooftop mounted) as required in the City's zoning ordinance. Screening shall be shown on the plans at the time of building permit application for Lots 1, 2 and 3, and compliance with the ordinance requirements will be determined at that time. For Lots 4 and 5, compliance shall be demonstrated at the time of Final Planned Development. 17. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. A vote was taken. All voted in favor. Motion carried: 6-0. Member Dugan abstained from voting on this item. 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 Lou PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 2007 CASE: 26-PS-13-11-07 APPLICANT: Reliance Development HEARING DATE: December 20, 2007 PROPERTY OWNER: Reliance APPLICATION DATE: Nov. 7, 2007 Development REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: South of Diffley Rd., between Lexington Ave. and Daniel Dr. COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create five commercial lots upon 10.94 acres located south of Diffley Road between Lexington Avenue and Daniel Drive, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW 1/4 of Section 26. 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. Planning Report - Diffley Marketplace 2°d December 20, 2007 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. 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 This 10.94-acre site was platted as a single parcel (Diffley Marketplace) earlier this year. A Planned Development was also approved earlier this year consisting of five commercial retail buildings on this site. EXISTING CONDITIONS The site is bounded by Diffley Road to the north, Walgreen's and Eagan Center to the west, single-family residential development to the south, and Daniel Drive to the east. There is an Wb Planning Report - Diffley Marketplace 2a December 20, 2007 Page 3 existing driveway across the property that accesses Diffley Road and serves the Walgreen's to the west. The site is open, with a cluster of trees at the east end. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North School P, Public QP, Quasi-Public East Single-family residential PD, Planned LD, Low Density Development Residential South Single-family residential PD, Planned LD, Low Density Development Residential West Walgreen's/ Eagan PD, Planned RC, Retail Commercial Center Development EVALUATION OF REQUEST Compatibility with Surrounding Area - The surrounding area contains a mix of residential, commercial and school uses. The Planned Development for this site allows retail uses. Proposal - There are no changes to the development plans for the site. Subdividing the property allows for separate ownership of each building/lot. Landscaping, setbacks, lighting, signage, and architectural standards remain as previously approved in the Planned Development. Lots - The Planned Development anticipated future subdivision of the land. The proposed subdivision is consistent with the approved development plans. The proposed lot sizes are as follows: Lot 1 = 4.74 acres Lot 4 = 1.08 acres Lot 2 = 1.59 acres Lot 5 = 2.04 acres Lot 3 = 1.49 acres Parking - The parking lot is designed to allow vehicular movement between the lots and throughout the site. The parking lot design and stall counts were reviewed and approved with the Planned Development. The PD also approved use of 9.5' wide stalls. Compliance with the City's parking requirements will need to be demonstrated at the time of building permit for Lots 4 and 5. The actual end users for those two lots are not yet known. Parking for Lots 1, 2 and 3 was reviewed and approved through the Planned Development. In order to maintain internal access and shared parking, cross-easements between the lots will be needed for ingress and egress and for shared parking. 42 c Planning Report - Diffley Marketplace 2' December 20, 2007 Page 4 Grading/ Storm Water Drainage - The site was graded with previous development, and is relatively flat and open with drainage mainly to the north and east. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan - 1990). Storm water runoff from the development will drain to a new storm water pond in the eastern portion of the site before discharging to existing storm sewer within Daniel Drive. Post-development storm water runoff discharge rates are proposed not to exceed pre-development rates. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer, in designing stormwater pollution prevention plans. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Utilities - Lateral sanitary sewer of sufficient size, depth and capacity is available to the north within Diffley Road for connection by development of this site. Water main is also available within Diffley Road to serve the site. Streets/ Access/ Circulation - Proposed access to the development is as determined with the previous Planned Development and platting approvals on this property. Access will be provided in four locations: two onto Lexington Avenue (County Road 43) via Patrick Road (full access) and the Walgreen's store service drive (right-in/ right-out only); a "3/4" access at Diffley Road (County Road 30), and an entrance-only access from Daniel Drive. The access to Diffley Road will provide for right-in/ right-out turn movements and left-turn movements into the development only, with left turns out of the development at this location prohibited. This access and all necessary modifications to Diffley Road to accommodate the 3/4 access, as required by Dakota County, should be the responsibility of the developer. The access at Daniel Drive will be controlled to entrance-only vehicle movements via signage and width restrictions. Internal circulation is provided between existing uses and the proposed development via private service drives, with adequate widths and radii for large service vehicles, as shown on the preliminary site plan. Cross easements between the lots for ingress-egress and for shared parking should be provided in a form acceptable to the City Attorney. A private ingress/ egress easement has been executed that allows for access between this development and the Walgreen's property to the west. '7D Planning Report - Diffley Marketplace 2"a December 20, 2007 Page 5 Easements/ Permits/ Right-of-Way - Sanitary sewer, water main, and storm sewer systems within the development should be covered with private easements allowing for their private maintenance by the property owners. This development should be responsible for obtaining a permit from Dakota County for all work within Diffley Road right-of-way. Financial Obligation - There are pay-off balances of special assessments totaling $8,762 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This estimated financial obligation is subject to change based on the areas, dimensions, and land uses contained in the final plat. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Improvement Use Rate Quantity Amount Water Trunk C/I $2,500/ Ac 11 Acres $27,500 Sanitary Sewer Trunk C/I $2,370/ Ac 11 Acres $26,070 WAC C/I $3,930/ Ac 11 Acres $43,230 Water Lateral C/I $36/ F.F. 1,100/ F.F. $39,600 Sanitary Sewer Stub C/I $1,589/ Service 2 Services $ 3,178 Storm Sewer Lateral C/I $37.05/ F.F. 1,100 F.F. $40,755 Water Services C/I $2,660/ Service 2 Services $ 5,320 Total $185,653 Wetlands/Water Quality - Stormwater runoff should be treated via an on-site constructed pond. The design and construction of the pond should be consistent with the Final Planned Development which was approved in August 2007. A cash water quality dedication for the portion of the property that drains off-site (--1.04 acres) should be paid prior to issuance of any building permit, or prior to release of the plat for recording, whichever occurs first. The amount due will be based on the rates in effect at that time. Tree Preservation - A tree inventory submitted with this application indicates that there are forty- three (43) significant trees in the inventory for the entire site (detached home area plus attached home area). In addition to the species breakdown below, the balance of the tree inventory is comprised of crabapple, and one silver maple (48" diameter). 71 Planning Report - Diffley Marketplace 2'd December 20, 2007 Page 6 Species Count % of Total Avg. Diameter Box elder 18 42% 13" Willow 7 16% 12" Aspen 7 16% 12" Chinese Elm 3 7% 12" Cottonwood 3 7% 16" Pine 3 7% 12' ht. The development as proposed will result in the removal of a total of thirty-eight (38) significant trees (88.4 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this development is set at 30%. Thus, the calculated tree mitigation requirement is fifty-four (54) Category B trees. The applicant has submitted an acceptable Tree Mitigation Plan that indicates the fulfillment of required tree mitigation through the installation of sixty-three (63) Category B trees. Landscaping - The approved Planned Development included a Landscape Plan. One minor adjustment was made with this subdivision to replace some spruce trees with arbor vitae to accommodate a plat correction resulting in a narrower planting area south of the Driveway from Daniel Drive. The proposed arbor vitae will provide the same year around screening similar to the spruce trees. Setbacks - All buildings are shown with side yard setbacks of 10 feet or more from the proposed lot lines that subdivide the property. This is consistent with the building placement on the Site Plan previously approved with the Planned Development. Mechanical Equipment - This development should provide screening of mechanical equipment (ground or rooftop mounted) as required in the City's zoning ordinance. For Lots 1, 2 and 3, screening should be shown on the plans at the time of building permit application and compliance with the ordinance requirements will be determined at that time. For Lots 4 and 5, compliance should be demonstrated at the time of Final Planned Development. Parks and Recreation - This development is subject to cash park and trail dedications payable at the time of building permit issuance at the rates then in effect. SUMMARY/CONCLUSION In summary, Reliance Development is requesting approval of a Preliminary Subdivision to create five lots on 10.94 acres located south of Diffley Road between Lexington Avenue and Daniel Drive. The Preliminary Planned Development was approved for this property in 2005 which allowed retail commercial development consisting of five buildings. A Final Planned Development was approved for the westerly three buildings in August 2007. The site is currently vacant. Planning Report - Diffley Marketplace 2°d December 20, 2007 Page 7 The developer requests to subdivide the property into five lots to create separate parcels for each building and allow for separate ownership of each lot. The proposed development plans have not changed since the PD was approved. Subdivision at this time entails creation of ingress/egress and cross-parking easements between the two lots. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create five commercial lots upon 10.94 acres located south of Diffley Road between Lexington Avenue and Daniel Drive, legally described as Lot 1, Block 1, Diffley Marketplace, in the NW V4 of Section 26. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B2, B3, B4, Cl, C2, c4, D1, and El 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 4. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. The reconstruction of the access onto Diffley Road, and all necessary modifications to Diffley Road to accommodate the 3/4 access, as required by Dakota County, shall be the responsibility of the developer. 7. Cross easements for ingress-egress between the proposed lots shall be provided in a form acceptable to the City Attorney. 8. Cross easements for shared parking between the proposed lots shall be provided in a form acceptable to the City Attorney. 73 Planning Report - Diffley Marketplace 2"d December 20, 2007 Page 8 9. Sanitary sewer, water main, and storm sewer systems within the development shall be covered with private easements, in a form acceptable to the City Attorney, allowing for their private maintenance by the property owners. 10. This development shall be responsible for obtaining a permit from Dakota County for all work within Diffley Road right-of-way. 11. Stormwater runoff shall be treated via an on-site constructed pond. The design and construction of the pond shall be consistent with the Final Planned Development which was approved in August 2007. 12. A cash water quality dedication for the portion of the property that drains off-site (-1.04 acres) shall be paid prior to issuance of any building permit, or prior to release of the plat for recording, whichever occurs first. The amount due will be based on the rates in effect at that time. 13. This development shall fulfill required tree mitigation through the installation of at least fifty-four (54) Category B trees, or an equivalent combination of Category A, B, or C trees. 14. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall 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 along and just south of the south property line. 15. The developer 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. 16. This development shall provide screening of mechanical equipment (ground or rooftop mounted) as required in the City's zoning ordinance. Screening shall be shown on the plans at the time of building permit application for Lots 1, 2 and 3, and compliance with the ordinance requirements will be determined at that time. For Lots 4 and 5, compliance shall be demonstrated at the time of Final Planned Development. 17. Parks and trails dedications shall be fulfilled through cash dedication, payable at the time of building permit issuance at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. 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 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. II' 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON Eagan Boundary Right-of-way Location Map ParcelArea Park Area Building Footprint ri-I M, a. 1b s w o 9 v p S 6~ do gzq pp ? ~ d B b r •~Q m® © Subject Site B a ® A 4 Op .41 g - i ® B % ®c9~ 6 9 ~ s~ ~ q B O® a8 8 m® ~ L~,-rrL11 i~ p i t mss, a b y D, b • +,i ~ uuawma rarn.•ro.•v • 4 a ~ a O lob • o F1 8 $ © ¦ 9 a A • ¦ 4 o m IF ® ° - .;gip. , s.;x • ¦ + ¦ ¦ ¦ s d ~ a d 9 ~ z,.-. Bii ¦ ¦BS dd ~ N &i q ® g A raX 1000 0 1000 2000 Feet Development/Developer. Diffley Marketplace Second Addn. Application: Preliminary Subdivision Case No.: 26-PS-13-11-07 -7-7 N ~t~ '1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY of EaC11aIl W> The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Davelopmant Dopartmant not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Diffley Marketplace 2nd Addn. Preliminary Subdivision 26-PS-13-11-07 Zoning Map PF PD PF PF PF Current Zoning: Location PF PD Planned Development PD P P PO P D 600 0 600 1200 Feet 71 QP P Comprehensive Guide Plan Land Use Map op HD QP QP Location L RC QP Current Land Use Designation: RC RC RC Retail Commercial P P D O/S P MD O/ 600 0 600 1200 Foot Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N Zoning information maintained by City Staff. -10 My of Ea aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S IlS. LII. \o ul (U/fTLA'f I:ILIUI r ft lAlll f Xll.l/1 ll:lll IJI~ N.1I- IIII' \ll. l;l • e I n t I v It I + {JbV t fet 1X111?L 1,01/11' I I N Z 0 - yDEUOUT10 NOTES u: L PREL DUDON. RE&UDMIRAL , , _ PECEM13EX 06.7007 z nos.,: DIFFLEY V MARKETPLACE Z eC~®. W LANDFORM - - , l1 ofsnu EpD1YYJ caNOnnNs - N+c oEMOUrnN VFI ( PAVEMENT 6AWCUT ` EiCaLR NFRR11 C1.0 RECEI 007 a•w rw Diffley Marketplace Second Addition 1. I.II. \'ll. :111 jI)!??1. I.'1 RI)ID) - - - U. A111'I 111. I .111 1;14111' Ui' 11.11 VII' 1'11 1.1.1 • , • L~. dty of .egen ~ .oe LOT 1 LOT 2 LET 3 WT 4 LOTS 11 1.111.1.. • ,1 1. F n<u l.lru urm = a:= •Te, I I d < ~ i ~ Z .4 PRFl SUDIMV. [ESUDMIITAL ' ~ ~ DECEMDER 03.11A7! H DI FFLEY Q MARKETPLACE ^ Crais. za l-+. MN I.L c., NOTE3W ....SITE DATA SUMUARY:..L EXISTING LEGAL DESCRIPTION, r.a..., . , C e` 1..=.PROPOSED LEGAL DESCRIPTION Ii 1 I.....".. ,BENCHllARR'v.Y.~~~ 0- IANDFORM o..w~c+..c muuuw r•oxaw. auaae HER CAL iJ H fRFLWNARY MT GILLBFFOREYWD~ S SGItS. RGG.IT CS.O ..-In W iN T RECIEM ,nn7 e r u. a uurrlrl r ID) nlANr l i n xu.ilr l.ICnl ur 4'.II u u .n. r:r.l 1}iEET C2.2A SHEE? C2.2U_ «..,..d I UUU r , I I ~ I I a f T 3 R IAT z O l si dry d ~ogon 1~1 li ~II! QII IIf11o O / I 1 i ~ ~ 1f. ~ rd wr. IDT• Q D! - - I.OT 4' I I\ t C, I 11 I'I I. 1 1 I.. i rou Ir Aj IDT I I ~ I. r yr I. I r- ' r . o. SHEET C2.20 SHEET p2.2~_ III yT ! 111 I lll„ V J NOTE c I THLY suer FOR REFERENCE 1 reganwivua.na« .NUY CONTRA ANTORSO TO USEI SHEETS a~? C2 2A C2.21) FOR' ULSTRU TIQN c t ' AND BIDDING PURPOSES. _ I r I I R FREL SUPOW. REBUDMRTAL DECEMEERO6,2007 NOTESI--.-:::i - .::v LOPAREING SUUMARYc_L. - ' AREA SUMNARY__~_~. DI FFLEY MARKETPLACE Z CeaFLCa.~. 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AND LEAAR FOR INSTUSE RUCTION AND z BIDDING PURP09E3 iSO:I'fFl I~ ' W SCALE F1N NHCT Q C I!, . W • • • r FREL SUBW. KISS OWMAL PLANT SCHEDULE ::.i.- NITICATION REQUIREMENTS I_+..L_ u.+....~+ PECEMDEE05.7007 DIFFLEY a o« s MARKETPLACE e...:uNUSC:v'E NoIes-- - p . IIIII, LANDFORM -PHOENIX .Nb,ab O.WU TREE WIkIom.1rt M . rn E4!"n h '1~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JANUARY 3, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of Eminent Domain for the acquisition of property located at 3815 Nicols Road 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement with U.S. Home for the Acquisition of the Former Gonyea Property on Cedar Grove Parkway (PIN 101352001000) 3. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - Set Deadline for Completion of TIF Development Agreement F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION to discuss possible acquisition of property at 3904 Cedarvale Drive in the Cedar Grove Redevelopment District gg Agenda Information Memo Eagan Economic Development Authority Meeting January 3, 2008 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 December 18, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the December 18, 2007 EDA meeting on pagest- - q ( . MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 18, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 18, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Tilley and Commissioner Bakken. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the November 20, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT EXTENSION OF LEASE FOR LYN NELSON AT 3912 CEDARVALE DRIVE Community Development Director Hohenstein discussed the proposed lease extension for Lyn Nelson. The implementation of rent and the continuation of services provided by Mr. Nelson were also discussed. Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve an extension of the occupancy agreement for Lyndon Nelson for property at 3912-3914 Cedarvale Drive. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION OF PRE-DEVELOPMENT AGREEMENT AMENDMENT WITH UNITED PROPERTIES AND SCHEDULE PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN FOR ACQUISITION OF NORTH DISTRICT PROPERTY Community Development Director Hohenstein discussed the negotiation of a pre- development agreement amendment with United Properties and consideration of the use of eminent domain for acquisition of North District property. Commissioner Carlson moved, Commissioner Fields seconded a motion to authorize staff to negotiate an amendment of the preliminary development agreement between the City and United Properties regarding the redevelopment of the Cedar Grove North District property located on the north side of Highway 13, and set a public hearing for January 3, 2008 to consider the use of eminent domain for the acquisition of the property located at 3815 Nicols Road in the Cedar Grove Core Area. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Tilley moved, Commissioner Carlson seconded a motion to adjourn the meeting at 8:30 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting January 3, 2008 1. PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN TO ACQUIRE THE BERNSTEIN/PERWIN PROPERTY LOCATED AT 3815 NICOLS ROAD ACTION TO BE CONSIDERED: To open the public hearing and receive comment. If the use of eminent domain is deemed necessary, the City and EDA should direct the City Attorney to prepare findings authorizing the use of eminent domain to acquire the Bernstein/Perwien Property located at 3815 Nichols Road. BACKGROUND ? The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Project Area. To date, significant work has been done with the core area and the City recently authorized use of eminent domain to acquire the fourteen remaining properties necessary to control the redevelopment of the core area. ? In addition to the redevelopment of the core area, the City as part of the redevelopment plan, has also sought to redevelop the northeast area of the redevelopment district (north of Highway 13). ? To facilitate the redevelopment, the City and the EDA entered into a preliminary redevelopment agreement with United Properties Investment, LLC (hereinafter "United") dated September 28, 2004 (hereinafter the "Redevelopment Agreement") for exclusive redevelopment rights of certain properties within the northeast area of the redevelopment district. ? In the Redevelopment Agreement, the property owned by Robert L. Bernstein and Edmund A. Perwin (a/k/a B-P, a Texas co-partnership), legally described as follows: That part of the North half (NI/2) of the Northwest Quarter (NW '/a) of Section Nineteen (19), Township Twenty-seven (27), Range Twenty-three (23), Dakota County, Minnesota described as follows: Beginning at the Northeast (NE) comer of said North half (N '/2); thence South along said East line 513.9 feet; thence deflecting to the right 90 degrees 20 minutes 491.5 feet; thence deflecting to the right 44 degrees 50 minutes 215.0 feet; thence Northwesterly to a point on the North line of q0~ said North half distant 847.0 feet from said Northeast corner; thence Easterly along said North line to the point of beginning. Excepting that part of the above described tract lying Easterly of the Westerly line of Cedar Avenue (State Highway No. 36) also excepting the following described tract; beginning where the Southwesterly line of Cedar Avenue intersects the North line of said Section Nineteen (19); thence West along the North line of said Section Nineteen (19), 353 feet; thence Southeasterly 204 feet to a point 240.4 feet Southwesterly from the point of beginning; thence Northeasterly 240.2 feet to the point of beginning. (hereinafter the "Property") was identified as a property necessary to carry out the redevelopment of the northeast area contemplated by the redevelopment plan and further discussed in the Redevelopment Agreement. ? United has been unsuccessful in its attempts to acquire the Property through direct negotiation. ? The 2008 amendments to the eminent domain law have created an exception to allow for the use of eminent domain for tax increment financing districts that were certified and adopted before February 1, 2006. The Cedar Grove TIF District meets these qualifications. ? The deadline for the Cedar Grove TIF District to meet the eminent domain exception requires the City to commence the action prior to February 1, 2008. ? To satisfy the statutory requirements, the City and the EDA published the notice of the hearing in the City's legal newspaper on December 22, 2007. It also sent notice of the hearing to the owners by first class mail on December 21, 2007. ? It was subsequently discovered that the owners of the property have moved to a new location and the address in the City and County records had not been updated to reflect the new address. As a consequence, notice was remailed to the new business address on December 27, 2007. While this does not create a defect under state law, in order to give the owners sufficient time to receive, review and consider a response to the notice, staff recommends that the public hearing be held open until the January 15, 2008 EDA meeting. ? If the City and EDA believe eminent domain is necessary, it should direct the City Attorney to prepare findings authorizing the use of eminent domain for consideration by the City at its January 15, 2008 meeting. These findings may be prepared and, if additional information is received that require an amendment of the draft findings, that may be done at that time. -2- Q PerwinlWingfoot Property Silve&Bell:Rd 13 United/North'District• Properties 4$ a Cedar~Grve Redevelopmerit~Area G° 1 mat' C73 ~t1 Z IF J 0 325 650 1.300 city of Evan Feet Cedar Grove Redevelopment Area Perwin/Wingfoot Site and United North District Development Properties Agenda Memo Eagan Economic Development Authority Meeting January 3, 2008 2. CEDAR GROVE REDEVELOPMENT DISTRICT - APPROVE PURCHASE AGREEMENT FOR U.S. HOME-GONYEA PARCEL ACTION TO BE CONSIDERED: To adopt a resolution to approve a purchase agreement and related documents for the acquisition of the former Gonyea Parcel (PIN 101352001000) from U.S. Home. FACTS: • As a part of the redevelopment of the Cedar Grove Redevelopment District, the City approved a concept plan presented by Delta Homes and a development agreement for the redevelopment of properties south of Cedar Grove Parkway. The project was subsequently purchased and assigned to U.S. Home. • The company proceeded under the original development plans, but ceased construction of condominium units when the market for that product flattened • The company approached the City to propose a revised development plan and, as an outcome of negotiations, on November 5, 2007, the EDA authorized a settlement under which U.S. Home would make development applications for an amendment of the project to construct 118 additional row homes on property on the eastern portion of the site and sell the City the former Gonyea parcel on the western portion of the site. The City would assemble the Gonyea parcel with four parcels it acquired previously to create an eight acre development parcel to be made available to a third party developer. • While the developer prepares revised plans for its development applications for the eastern site, they have asked whether the City would be prepared to move forward with the acquisition of the Gonyea parcel at this time. • Staff and the City reviewed the request and have determined that it will not limit the City in its consideration of the remainder of the settlement elements and would allow the City to take ownership of the parcel sooner and begin exploring alternative development options for it. • At the time of packet preparation, the seller's attorney continues to review the purchase agreement. While it appears that remaining issues are minor, staff would not recommend action on the item until an executed copy of the agreement is received from the seller. If it is received in time for action at Thursday's meeting, additional information to that effect will be distributed. If not, staff will request that the item be continued at that time meeting. ATTACHMENTS: • Area map on page Q -7 • Resolutions on pages "f- o Purchase Agreement and related documents available upon request. 9c - i v ~ _ /~"ice// 41,~ I I_ `r~ II ~ !I dim/y ~ a ( nr t~m~rrm~rl rrr~rmtr ~ /ii~f ilver.Bell:Rd__ Cedar Grove=eevelopment-Area ~.W ~ j~~~'t~• Vfap\ : '1 ii/ Baas ~ ® ~ II G c dpi i, Subject Parcel F 21 I II I Li ~lll 111 -T-~ 1•, l i ;t`~T \ .-~!"'.1__ I i - J " i~ \ 0 325 650 1,300 4110%ty of Eapa Feet Cedar Grove Redevelopment Area US Homes (former Gonyea) Subject Property Outlot A, Beau De Rue Plat q7 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR U.S. HOME-FORMER GONYEA PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for the U.S. Home property located on Cedar Grove Parkway (PIN 101352001000), in the Cedar Grove TIF District for redevelopment purposes. 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 3rd day of January, 2008. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR U.S. HOME-FORMER GONYEA PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for the U.S. Home property located on Cedar Grove Parkway (PIN 101352001000), in the Cedar Grove TIF District for redevelopment purposes. 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 3rd day of January, 2008. Maria Petersen, City Clerk Agenda Memo Eagan Economic Development Authority Meeting January 3, 2008 3. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT - SET DEADLINE FOR CERTIFICATION ACTION TO BE CONSIDERED: To set a deadline for the completion of certification of the Southeast Eagan TIF District. FACTS: • The City authorized the creation of the Southeast Eagan Renewal and Renovation District on May 16, 2006 to provide a funding mechanism to assist with the extraordinary costs associated with the assembly and redevelopment of properties in the area of Red Pine Lane and Biscayne Avenue. • The boundaries of the district are defined by lot lines created by the Red Pine Crossing subdivision. That being the case, the TIF Plan cannot be accepted by Dakota County for certification until the subdivision is recorded. Revestors, the developer of Red Pine Crossing, has requested several extensions for recording of the subdivision, while they pursue the anchor tenant for the development. • City staff has advised the developer of the need to take these steps in a timely manner, but neither the City Code nor Minnesota Statutes has a timeline beyond which the actions terminate. • Ehlers and Associates and the City's bond counsel have researched the potential effect of a substantial delay between the approval of a TIF district and its certification. Their findings are outlined in the letter, which is attached. • In order to address the concerns outlined, staff is recommending that the EDA formalize the deadline noted in the letter, with the understanding that the consequence of the subdivision not being filed for recording by February 1, 2008 would be a subsequent consideration of a termination of the district by the EDA. • If that occurs, no increment would be captured for use in offsetting the costs anticipated when the district was originally approved and the developer would be obligated to absorb any costs for assembly and demolition that might otherwise have been eligible for reimbursement. ATTACHMENTS: • Staff letter to developer on pages through/ • Location map and pictometry on pages(! through /00 City of all Mike Maguire December 18, 2007 MAYOR Paul Bakken Mr. Tim Anderson Peggy Carlson Revestors Realty Cyndee Fields 3000 County Road 42 West, Ste. 300 Meg Tilley Burnsville, MN 55337 COUNCIL MEMBERS Thomas Hedges Dear Tim: CITY ADMINISTRATOR The City of Eagan is excited about the potential Red Pine Crossings redevelopment in the Southeast Eagan Tax Increment Financing District. In particular, I appreciate your update concerning you negotiations with a grocery anchor and I look forward to hearing more about that, when it is at a point at which you can share more information. That having been said, I wanted to write to confirm our conversation about concerns the City has about the timing of the development and the City's ability to have the TIF District MUNICIPAL CENTER certified. 3830 Pilot Knob Road Eagan, MN 55122-1810 As you are aware, the City adopted the TIF District on June 6, 2006. The request to the 651.675.5000 phone County for certification of the District is dated October 19, 2006. The County has not 651.675.5012 fax and cannot complete the request because final parcel numbers are not available. The 651.454.8535 TDD certification of the District remains incomplete because parcel numbers are not available. Currently the TIF Law does not have a maximum length of time from when the District MAINTENANCE FACILITY is adopted to when the certification of a TIF District is complete. However, in recent 3501 Coachman Point discussions with the representatives from the Office of the State Auditor (OSA), Eagan, MN 55122 districts have been scrutinized when the request for certification is delayed for nearly 651.675.5300 phone two years after the adoption of the District. 651.675.5360 fax 651.454.8535 TDD In addition, the Tax Bill proposed last year included language that would impose a 60 day maximum to complete the request for certification. The OSA expects that language will again be introduced in the 2008 Legislative Session. At this time we do not know www.cityofeagan.com the specific proposed language or the proposed effective date if adopted. The City desires to preserve its ability to consider providing tax increment assistance for the proposed Red Pine Crossings project and other projects within the District. If at a future date the OSA determines that the District is not in compliance with Minnesota Statutes, the City could be forced to terminate the District; therefore, eliminating its THE LONE OAK TREE ability to consider assistance. - The symbol of strength and growth in our community. To complete the certification, the City needs the final parcel numbers for the District. In order to provide this to the County, Revestors needs to complete the platting process. The City would like to have this process completed by February 1, 2008, so the request for certification can be completed. If the platting process is not completed by that date, the City Council will need to consider taking action to terminate the District. Please provide a timeline for moving forward with the platting process; negotiation and execution of a development agreement and ultimate development of the site. If you have questions or would like to schedule a meeting to further discuss this matter, please contact me at 651-675-5653. Sincerel on Hohenstein Community Development Director Cc: Tom Hedges, City Administrator Gene Van Overbeke, Director of Administrative Services Mike Ridley, City Planner Robert Bauer, City Attorney Rebecca Kurtz, Ehlers and Associates FF7 (0022) 4 r~o2„ ON 0020) 2 >]~¢61 (ooze) O N . PART 020-82 PART OF (0018) 020-82 (0011) w w 4 z i a N -,`free) 021-79 (0013) 2 1000 (00 012) ZP 1 oJ~J (oots) 1 (0009) 2 (0010) Feet Southeast Redevelopment Area 0 250 500 and TIF District No. 1-City of Eagan, Dako N County, State of Minnesota Redevelopment Area ® TIF Area !a 3 IVIO u.. 'je Oro Arw - ANIL Agenda Information Memo Eagan Economic Development Authority Meeting January 3, 2008 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA is being asked to recess to executive session to discuss the acquisition of property located at 3904 Cedarvale Drive in the Cedar Grove Redevelopment District.