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03/03/2008 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING March 3, 2008 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA P. a A. APPROVE MINUTES B. PERSONNEL ITEMS P. (a C. APPROVE Check Registers f jg D. ADOPT Resolution Supporting the Minnesota Valley Transit Authority as the Preferred Transit Provider South of the Minnesota River 1015 E. APPROVE contract for replacement of audio visual equipment at the Fire Administration Building Pale F. APPROVE renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Associates, LLC dba Parkview Golf Course located at 1310 Cliff Road P 7 G. APPROVE renewal of a Consumption and Display (Set Up) Permit application for Sambol, Inc., dba Sambol Restaurant located at 1260 Town Centre Drive H. APPROVE On-Sale Liquor and Sunday License for Bonfire Restaurant Company, LLC dba Axel's Bonfire located at 1555 Cliff Road P„o't9 I. APPROVE Final Plat CCBC Addition ~a J. APPROVE Final Plat for Atlas 2°d Addition K. APPROVE Final Subdivision for Gustafson Addition ?J., L. APPROVE Vacation of Easement, Final Subdivision and Final Planned Developments for Waters Annex 2°d Addition L41 M. ADOPT Resolution to terminate a portion of the Conditional Use Permit for outdoor storage of concrete bins and p landscape materials for the property located at 3206 Sibley Memorial Highway f N. AUTHORIZE Plans and Specifications, Contract 08-02, Lone Oak Lift Station p lot) O. APPROVE Plans and Specifications, Authorize Advertisement for Bids (April 8, 2008 at 10:30 a.m.), Contract 08- 03, Citywide Street Improvements P. AUTHORIZE Plans and Specifications, Contract 08-07 (Safari and Lexington/ Diffley Reservoir - Repainting) b3 Q. VACATE Public Drainage and Utility Easement - Oak Hills Church R. APPROVE Tree Maintenance Contractor License for Precision Landscape and Tree, Inc. S. APPROVE Premise Permit for Burnsville Hockey to conduct a charitable gambling operation at LaFonda's, 3665 P Sibley Memorial Highway V. PUBLIC HEARINGS T . (P I A. PROJECT 967, Wescott Road- Lexington Avenue to TH 149 (Street Revitalization) Approve Plans and Specifications / Authorize Advertisement for Bids (Contract 08-04, Citywide Street Improvements) VI. OLD BUSINESS F14 A. VARIANCE - David Marsh, CGT Ltd., - A Variance of 7.3' to the required 30' setback from a public street located at 1374 Berry Ridge Road on Lot 4, Block 1, Berry Ridge Addition in the SW '/4 of Section 22. VII. NEW BUSINESS e g A. CONDITIONAL USE PERMIT -Hose Conveyor -A Conditional Use Permit to allow outdoor storage of tractor trailers and business related items located at 2725 Highway 55 in the NW '/4 of Section 02. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE ) 0 (q A. APPROVE Resolution for Participation in County Wide Greening Initiative IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Consent Agenda Ii 1. Approve minutes of the February 19, 2008 EDA meeting D. Old Business E. New Business • 13~ 1. PUBLIC HEARING to Consider the Sale of Property in the Northeast Eagan Redevelopment District (No. 2-4) to McGough Development F. Other Business G. Recess to Executive Session to discuss the possible acquisition of the Oak Trust Credit Union building at 3880 Sibley Memorial Highway in the Cedar Grove Redevelopment District. 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. #b~ City of EaRan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 29, 2008 SUBJECT: AGENDA INFORMATION FOR MARCH 3, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 3, 2008 City Council agenda, the following items are in order for consideration. I Agenda Information Memo March 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 February 19, 2008 regular City Council meeting and February 23, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: • M f the February 19, 2008 regular City Council meeting are enclosed on pages ugh __6 . • Minutes of the February 12, 2008 Special City Council meeting are enclosed on pages `7 through a MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN CITY COUNCIL Eagan, Minnesota February 19, 2008 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 Tuesday, February 19, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken and Tilley. 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 an update would be given regarding the transportation bill currently before the Legislature. He also noted that a closed session would be held following the regular meeting regarding negotiations for a future fire station site and labor contract negotiations. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire noted that Apple Valley City Councilmember Bob Erickson had passed away. He extended sympathy to Mr. Erickson's family and to the City of Apple Valley. CONSENT AGENDA Councilmember Bakken noted that he was listed in the February 4, 2008 Council minutes as being in attendance at the Listening Session, however he was out of town. City Administrator Hedges noted that item P is recommended to be continued. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 4, 2008 regular City Council meeting, as amended. B. Personnel Items. 1. It was recommended to approve the reclassification of the Communications Coordinator from Exempt Level 9 to Exempt Level 10. C. Check Registers. It was recommended to ratify the check registers dated February 7 and February 14, 2008 as presented. D. Premises Permit. It was recommended to adopt a Resolution Approving a Premises Permit for the Eagan Lions Club to conduct a charitable gambling operation at Starks Saloon, 3125 Dodd Road. E. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Dolphy's Tree Removal, LLP. F. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Valley Tree Service, Inc. G. Ordinance Amendment. It was recommended to authorize staff to draft an amendment to City Code, Chapter 10. 12, (Animals and Fowl) to include additional small animals. H. Parade Permit. It was recommended to approve a Parade Permit for the July 4`h Funfest Committee to hold a parade on July 4, 2008 and waive the $25 permit fee. 1. Shows License. It was recommended to approve a Shows License for the July 4`h Funfest Committee to hold a carnival, street dance, food booths, fireworks and events July 3-4, 2008 and waive the license fees. J. Concessions Operations. It was recommended to approve the selection of Vistar as the primary concessions food and supplies provider for concessions operations at Cascade Bay, Civic Arena, Eagan Community 3 Eagan City Council Meeting Minutes February 19, 2008 /`1 F Page 2 Center and Northview/Lexington-Diffley athletic facilities from March 1, 2008 through February 28, 2009 and direct staff to prepare the appropriate contract for the Mayor's and City Clerk's signature. K. Contract for Fireworks. It was recommended to approve the 2008 fireworks display contract with RES Specialty Pyrotechnics and authorize the Mayor and City Clerk to sign all appropriate documents. L. Contract for Consultant. It was recommended to authorize staff, subject to the approval of the City Attorney and the City Administrator, to draw up a contract for signature by the Mayor and City Clerk with Design Nine, a broadband consulting company to fulfill the terms of the broadband consultant RFP previously authorized by the City Council. M. Agreement for Copy Machines. It was recommended to approve an agreement with Ricoh Corporation to lease new copy machines for City Hall. N. Surplus Property. It was recommended to authorize disposal of surplus City property. 0. Easement Amendment Agreement. It was recommended to approve an Easement Amendment Agreement with Great River Energy in O'Leary Park and authorize the Mayor and City Clerk to execute all related documents. P. Easement Vacation. It was recommended to continue the vacation of public drainage and utility easements on Lot 1, Block 1, Oak Hills Church Addition. Q. Contract 06-01. It was recommended to approve a Cooperative Construction Agreement for Contract 06- 01, Trunk Highway 149 Reconstruction and authorize the Mayor and City Clerk to execute all related documents. R. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Eagan Youth Housing, located at 1997 and 1999 Gold Trail, in the NW '/4 of Section 20. S. Appointment of Representative. It was recommended to appoint Dianne Miller, Assistant to the City Administrator, as the City of Eagan's representative on the HiPP Greening Initiative. T. Project 969. It was recommended to authorize the preparation of a feasibility report by SEH, Inc. for Project 969, Elrene Road (Intersection Reconfiguration and Upgrade). U. CDA Participation in Web Portal. It was recommended to authorize submission of a letter to Dakota County CDA supporting its financial support of the Twin Cities Regional Economic Development Web Portal project. V. Contract 08-06. It was recommended to approve the plans and specifications for Contract 08-06 (Northwood Parkway - 35 E Overpass) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 3, 2008. W. Project 768. It was recommended to approve a Construction and Easement Agreement for Project 768 (Northwood Parkway, Ring-Road Extension - Bridge and Street Improvements) with the owner of Parcel No. 10-22472-092-02 and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS PROJECT 963, NICOLS ROAD / NANCY CIRCLE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Nicols Road / Nancy Circle street improvements. Assistant Engineer Gorder 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 Tilley moved, Councilmember Bakken seconded a motion to approve Project 963, Nicols Road / Nancy Circle Street Improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 964, YANKEE DOODLE ROAD STREET IMPROVEMENTS City Administrator Hedges noted that this item is to be continued indefinitely. Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of Project 964, Yankee Doodle Road Street Improvements indefinitely. Aye: 5 Nay: 0 4 Eagan City Council Meeting Minutes February 19, 2008 Page 3 FT PROJECT 965, ELRENE ROAD STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Elrene Road street improvements. Assistant City Engineer Gorder gave a staff report. Mayor Maguire opened the public hearing. Richard Carson asked when Elrene Road was last improved. Staff responded the last improvement was in 1991. There being no further public comment, he closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 965, Elrene Road Street Improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 966, FEDERAL DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Federal Drive street improvements. Assistant City Engineer Gorder 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 Tilley moved, Councilmember Fields seconded a motion to approve Project 966, Federal Drive street improvements and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 968, LEXINGTON POINTE PARKWAY / DANIEL DRIVE STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Lexington Pointe Parkway and Daniel Drive street improvements. Assistant City Engineer Gorder gave a staff report. City Administrator Hedges noted that a petition had been received from 15 property owners requesting that Daniel Drive be narrowed and a sidewalk installed along the Daniel Drive as part of the improvement project, similar to the recent construction modification of Denmark Avenue north of Wescott Road. Mayor Maguire opened the public hearing. Three residents expressed their concerns regarding pedestrian safety, additional traffic on Daniel Drive, and the speed of current traffic. There being no further public comment, Mayor Maguire closed the public hearing and turned discussion back to the Council and staff. Staff addressed the questions raised by the residents. Councilmembers held a discussion regarding potential sidewalks within the existing right of way vs. eliminating a parking lane through reconstruction and various speed controls for Daniel Drive. Staff was directed to explore additional traffic calming technologies and report findings back to the Council. It was the consensus of the Council to proceed with the improvement project as presented rather than delay it until the study has been completed. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve Project 968, Lexington Pointe Parkway / Daniel Drive street improvements as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to direct staff to conduct a study of traffic safety mitigations. Aye 5 Nay: 0 WATERS ANNEX EASEMENT VACATION City Administrator Hedges introduced this item regarding vacation of the public drainage and utility easements within the Waters Annex (Lot 1, Block 1 and Outlots A, B & Q. Public Works Director Colbert gave a staff report. 5- Eagan City Council Meeting Minutes February 19, 2008 Page 4 Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to close the public hearing and continue consideration of the public drainage and utility easements vacation within the Waters Annex (Lot 1, Block 1 and Outlots A, B, & C) to be concurrent with future consideration of the Waters Annex Second Addition. Aye: 5 Nay: 0 OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges noted that Paster Enterprises, Inc. had submitted a letter stating withdrawal of their Comprehensive Guide Plan amendment application. Reed Hanson, representing the Perron family discussed the withdrawal of the proposal. Councilmember Carlson moved, Councilmember Tilley seconded a motion to accept withdrawal of the application for a Comprehensive Guide Plan Amendment upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE '/4 of Section 9. Aye: 5 Nay: 0 NEW BUSINESS There were no new business items. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided an update on the transportation bill now before the legislature. Councilmember Bakken moved, Councilmember Tilley seconded a motion to reaffirm a resolution adopted in 2007 regarding the transportation bill. Aye: 3 Nay: 0 Carlson and Fields abstained. ADMINISTRATIVE AGENDA 1. March and April Workshop/Retreat Dates: Councilmember Fields moved, Councilmember Tilley seconded a motion to schedule a City Council retreat for March 4, 2008 at 5:30 p.m. Aye: 5 Nay: 0 It was agreed that advisory commission interviews will be held on April 8, 2008 during a regularly scheduled special City Council meeting. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the regular meeting at 8:40 p.m. Administrative Secretary / Deputy City Clerk Date 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. Le MINUTES V0 SPECIAL CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Carlson, Fields and Tilley. Councilmember Bakken was absent. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, Public Works Director Colbert, Fire Chief Scott, and Police Chief McDonald. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City Administrator Hedges requested that the Council consider adding two items under Other Business, those being a possible Finance Committee meeting to address Civic Arena concepts, as well as a status update on the USPS relocation. Councilmember Fields moved; Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 3, Nay: 0 (Councilmember Tilley not present for the vote.) II. VISITORS TO BE HEARD There were no visitors to be heard. III. CITY-WIDE PLANNED UNIT DEVELOPMENT (PUD) REVIEW City Administrator Hedges introduced the item noting that as one of the Council's 2007- 2008 goals, the Council directed the preparation of an analysis of the City's planned developments (PD) to form the basis for a review to determine whether any of the PD's had exceeded their terms should be extended, modified or terminated. Community Development Director Hohenstein noted that while PD's have terms, they do not expire at the conclusion of the term. Rather, they remain in place unless or until they are extended, modified or terminated by an action of the City Council. The City Council discussed the 17 PD's in the City that are considered incomplete. The Council voiced their consensus that the process to review the incomplete PD's be simple and the property owners should be contacted to determine their wishes. Special City Council Minutes February 12, 2008 R A F T Page 2 The City Council directed that letters be sent to the property owners of the 17 incomplete PD's to inquire as to their plans and/or wishes for the planned development on their property (i.e., does the property owner want an extension? How long of an extension would be appropriate? Do they envision any changes to usage of the land?) The Council directed staff to come back to the City Council at a workshop when responses from the property owners have been received and to suggest a detailed criterion for review once seeing those responses. The Council also suggested that a photo of each respective PD be included in the letters sent to the property owners. IV. DISCUSS STATUS OF NORTHWOOD OVERPASS PROJECT City Administrator Hedges introduced the item noting that the ring-road improvement is identified as one of the top projects in the Council's transportation goal. Hedges added that a special classification was created in the 5-year Capital Improvement Program (CIP) for overpasses and interchanges. Hedges also noted that the Northwood Overpass is currently programmed for construction in 2009 within the 5-year CIP and $1 million of federal earmarked funding was received in 2007. Hedges informed the Council that should the Council be ready for the project to proceed ahead, the City could bid the project and begin construction of the overpass in 2008 rather than waiting until 2009. Public Works Director Colbert provided a status update of the project. Colbert noted that approximately $400,000 has been spent to-date for preparation of bid-ready documents, and MnDOT approval of detailed plans and specifications is imminent. Final approval is waiting only on the establishment of a formal bid date by the City. Director Colbert also noted that the major street fund was increased by $1 million in the 2008 General Budget Levy to facilitate funding for these types of major transportation improvements. The City Council voiced their consensus for optimizing the bid market in 2008 rather than waiting to begin the project in 2009. Council asked staff to prepare a detailed financial package as to how the project could be funded. It was further noted that the Northwood Overpass project is part of the 2008 bonding bill for the ring road project. The Council directed that the authorization of bids be included on the February 19, 2008 regular City Council agenda, and the bid process be dual tracked with the Finance Committee's review of the financial package being prepared. The City Council recessed at 6:40 p.m. The City Council resumed their meeting at 6:47 p.m. V. UPDATE STUDY RESULTS FOR CONSIDERATION OF LAND ACQUISITION FOR NEW FIRE STATION City Administrator Hedges introduced the item noting that at the September 25, 2007 Council retreat, the Council discussed the Fire Department's long term planning efforts, which Special City Council Minutes J February 12, 2008 F T Page 3 ! included discussions regarding volunteer staffing, apparatus replacement and station coverage. Also discussed at the retreat were the needs associated with Fire Station No. 2. Hedges added that the priority for tonight's discussion is to discuss possible land purchase for a future fire station to replace Station No. 2. Fire Chief Mike Scott introduced Quinn Hutson of CNH Architects, who presented the needs analysis study commissioned by the City. The City Council discussed the needs analysis. The Executive Director of the Community Development Agency (CDA), Mark Ulfers, addressed the City Council regarding the CDA's possible interest in a portion of the proposed site at Lexington Avenue and Northwood Drive for the potential of workforce housing. The City Council discussed how such a land purchase would be funded. Fire Chief Scott summarized the various options that were reviewed for the site, at the direction of the City Council. The City Council also discussed previous partnerships between the City and the CDA. At 7:48 p.m., the City Council adjourned to Closed Session for the purpose of discussing property acquisition for a future fire station. The City Council reconvened at 8:10 p.m. Councilmember Carlson moved, Councilmember Tilley seconded a motion to direct the item to the Finance Committee, who upon review would make a recommendation to the City Council on a funding mechanism for the purchase of the land. Aye: 4; Nay: 0 VI. OTHER BUSINESS City Administrator Hedges noted that new concepts for the Civic Arena have been proposed for the Council's consideration. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct consideration of future concepts for the Civic Arena to the Finance Committee. Aye: 4, Nay: 0 City Administrator Hedges and Public Works Director Colbert provided an update to the City Council on the proposed relocation of the United States Postal Service facility. Director Colbert shared with the City Council a proposal by Dakota County for a change in the signalization on Lexington Avenue. Colbert also noted the proposed new local road connection in the concept plan. Special City Council Minutes February 12, 2008 ~R Page 4 ^1 F The City Council voiced their consensus that additional analysis (corridor access study) is needed on the proposed concept and that public information meetings must be held by the USPS to get feedback from stakeholders would be necessary. The Council also voiced their consensus that they would not support funding the proposed local road connection; as that would be the responsibility of the USPS. VII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Aye: 4, Nay: 0 D Agenda Information Memo March 3, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Police Officer- ACTION TO BE CONSIDERED: To accept the letter of resignation from Nicole Cook, Police Officer. Item 2. Ratify Clerical Teamsters Bargaining Unit Contract-- ACTION TO BE CONSIDERED: To ratify the Clerical Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. Item 3. Ratify Maintenance Teamsters Bargaining Unit Contract ACTION TO BE CONSIDERED: To ratify the Maintenance Teamsters Bargaining Unit Contract for 2008, 2009 and 2010. Item 4. Water Production Maintenance Worker- ACTION TO BE CONSIDERED: At the February 4, 2008 City Council meeting, approval was given to the hiring of a person to be named as Water Production Maintenance Worker. The person hired for this position was William Boyd. This item is for informational purposes only. No further action is required. 11 Agenda Information Memo March 3, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 22, 2008 and February 28, 2008 as presented. ATTACHMENTS: • Check registers dated February 22, 2008 and February 28, 2008 are enclosed without page number. Agenda Information Memo March 3, 2008 City Council Meeting D. ADOPT RESOLUTION SUPPORTING THE MINNESOTA VALLEY TRANSIT AUTHORITY AS THE PREFERRED TRANSIT PROVIDER SOUTH OF THE MINNESOTA RIVER ACTION TO BE CONSIDERED: To approve a resolution supporting the Minnesota Valley Transit Authority as the preferred transit provider south of the Minnesota River FACTS: • The MVTA is requesting that cities which are served by the MVTA approve the enclosed resolution supporting the MVTA as the preferred transit provider south of the Minnesota River. • The resolution is being requested as cities to the south are growing and are or will be seeking transit services in their communities. • The resolution is also being sought given that the MVTA is participating in the Urban Partnership Agreement (UPA) recently granted to assist with the Cedar Corridor efforts. • The four other cities that the MVTA serves (Apple Valley, Burnsville, Rosemount, and Savage) have recently approved the enclosed resolution. ATTACHMENTS: • Enclosed on page W is the proposed resolution supporting the Minnesota Valley Transit Authority as the preferred transit provider south of the Minnesota River. 13 CITY OF EAGAN RESOLUTION NO. 08- RESOLUTION SUPPORTING THE MINNESOTA VALLEY TRANSIT AUTHORITY AS THE PREFERRED TRANSIT PROVIDER SOUTH OF THE MINNESOTA RIVER WHEREAS, the Minnesota Valley Transit Authority (MVTA) currently provides transit service for the cities of Apple Valley, Burnsville, Eagan, Rosemount and Savage; and WHEREAS, the MVTA is one of several agencies participating in the Urban Partnership Agreement (UPA) recently granted to help ease congestion in the Twin Cities area by the US Department of Transportation; and WHEREAS, the MVTA adopted its Strategic Plan in May 2007, with one of its goals to be the transit service provider south of the Minnesota River; and WHEREAS, the MVTA offers express service to downtown Minneapolis, downtown St. Paul, and local service to the Mall of America where riders can make connections to the light rail line, in addition to local service between communities and reverse commute service from the core cities to the suburbs; WHEREAS, the MVTA is already working in two of the corridors identified as part of the UPA's (1-35W and Trunk Highway 77 - Cedar Avenue) effort to utilize new initiatives to reduce congestion; NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan support the Minnesota Valley Transit Authority's goal of serving as the premier transit provider South of the Minnesota River. ADOPTED by the Council this P Day of March, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk Agenda Memo March 3, 2008 Regular City Council Meeting CONSENT AGENDA: E. Approve contract for replacement of audio visual equipment at the Fire Administration Building. ACTION TO BE CONSIDERED: Approve a contract to authorize Tierney Brothers Inc to replace the audio visual equipment in the training room at the Fire Administration Building. FACTS: • The current audio visual system in the Fire Administration Training room was installed when the building was built in 1998. • The current system is experiencing significant maintenance issues that have caused the system to be difficult to operate. • The system is used by numerous city departments and by outside civic groups. • It has become difficult to find available parts for the current system. • $25,000 was budgeted for the project in the 2008 Renewal and Replacement budget. • We received two bids for this project, one for $31,000 and one from Tierney Brothers for $23,690.73. • IT and Fire Staff are recommending that the bid from Tierney Brothers be accepted for the described work. • The City Attorneys Office has reviewed the contract. ATTACHMENTS: • A copy of the contract is attached as pages 4 througa~ 1 TBI Proposed Scope of Services r I E R f 1 E J 3300 University Ave SE BROTHERS INC Minneapolis, MN 55414-3326 www.tierneybros.com Winning Presentation Tools TM Since 1977 612.331.5500*800.933.7337*Fax: 612.331.3424 February 26, 2008 Mark Holm City of Eagan 3795 Pilot Knob Rd Eagan, MN 55121 Proposal for Audio-Visual Services RE: Fire Department Meeting Room Job Number: 4071205 Revision: 3 Dear Mark: On behalf of Tierney Brothers Inc. (TBI), I am pleased to provide you with the following proposal to install a multimedia projection system. This letter summarizes the scope of services to be performed by TBI at 3830 Pilot Knob Road. SCOPE OF SERVICES TBI is a leader in audio, visual, and video teleconferencing presentations. Our mission is to provide state of the art products and offer unparalleled customer service. This proposal has been prepared by combining your requirements with our experience to produce results that meet your needs today and will be flexible for tomorrow. Tierney Brothers, Inc. will replace the existing projector with a Panasonic F1000 LCD projector to display onto the customer's existing screen. The projector has a native XGA resolution and 3200 ANSI lumen brightness. Sources to the projector include the existing laptop connections at two floor boxes in the room, a laptop wall plate near the screen, a dedicated PC and an owner furnished DVD/VCR combo. Also, the existing audio/video plate at the back of the room will be connected to the system if the cabling feeds the equipment rack area. The floor box locations will be terminated with a female VGA connection to allow for a standard VGA cable to be used. Also a laptop audio jack will be terminated in the floor box. The dedicated PC will reside in the rack with a dedicated keyboard and mouse. An option is provided for a Smart Technologies interactive monitor. If the option is selected, the PC will reside in the customer's podium. The DVD/VCR combo will reside in the podium. A USB wall plate will be installed in the podium for connection to the dedicated PC if the PC is located in the equipment rack. The existing podium microphone will be replaced with a Shure 18" gooseneck microphone. Also, the wireless microphones will be replaced with a wireless handheld and wireless lavalier microphone system. The existing equalizer, amplifiers and speakers will be reused. A Crestron control system is proposed for ease of use in the room. A wireless 8.4" touch panel will provide functions such as projector on/off, source select, DVD/VCR transport control and source volume level. The touch panel will reside in a wall docking station located in the room. The customer is responsible for an outlet at the podium; projector and equipment rack locations as well as providing a network connection to the equipment rack for the wireless touch panel. Upon completion of the installation, a Tierney Brothers representative will provide training on the audio visual system. Currently, installations are being scheduled six to eight weeks from receipt of the customer's purchase order. Upon receipt of the purchase order, a pre-installation walk-through may be required. This should include the main contact at the customer's site and facilities representatives. The project manager or a qualified alternate will represent TBI. Tierney Brothers, Inc Confidential 2/26/2008 Page 1 TBI Proposed Scope of Services SCHEDULING Upon receipt of signed authorization, we will proceed to order the specified equipment and prepare a schedule for completion of the proposed services. If any of the equipment specified is custom ordered product, up to six weeks may be required to complete the proposed services. This schedule assumes no delays or obstacles will be encountered in gaining access for the installation. Standard service and support is limited to Monday through Friday, 8:00 AM to 5:00 PM central standard time, excluding national holidays. Expanded service hours are available for an additional charge and can be provided if determined necessary. Project Training is included in this proposal. This training will be scheduled and completed by your sales representative at the end of the project installation. CLIENT RESPONSIBILITIES AND CONDITIONS The client should provide TBI with any existing system design specifications, diagrams, room drawings or other materials that would facilitate completion of the proposed scope of services. These can be uploaded to the TBI website by going to www.tierneybrothers.com/uploads and following the instructions for uploading. The client will be responsible to contract a licensed electrician to provide any needed high voltage power connections. This installation is best performed after the equipment has been installed to ensure the optimum placement of the outlets. The client will be responsible for all necessary ceiling tile work involved in the installation. It is the client's responsibility to prepare, replace, repair or modify any structural or cosmetic changes that TBI has made or needs to make. This includes, but is not limited to, ceiling grids, floor tiles, walls and pre-existing equipment. It will be the client's responsibility to have the area ready for installation when scheduled, based upon the agreed terms and conditions. The project manager and or design engineer at the pre-installation walk through will review the terms and conditions of the installation. This will include, but is not limited to, electrical, construction and cosmetic responsibilities. If the area is not prepared for installation when scheduled and if any owner furnished equipment engineered to be included in the installation is not on site there will be a $350.00 charge. Rescheduling of the installation will be set for a later date, which will be determined by TBI. It will be the client's responsibility to notify either the sales representative or the project manager within 48 business hours prior to the scheduled installation of cancellation or schedule change. A fee of $350.00 will be charged if cancellation or schedule change is received less than 48 business hours. Tierney Brothers, Inc. cannot enter into, work in or otherwise disturb any areas containing asbestos. Tierney Brothers, Inc. recommends that each Projector, TV, Plasma, LCD, etc. have a duplex receptacle fed off of a dedicated 20 Amp circuit available for use. Systems containing multiple racks of amplifiers or other equipment may require additional circuits. It is the understanding of both parties that prevailing wage regulations, specifically those contained in 40 U.S.C. 276a-5, or MN Stat § 177.41 - 177.44, do not apply to the work to be performed under this contract. BASIS FOR PROPOSAL Based upon our initial consultation, TBI's fee for completion of the proposed scope of services is $21,751.47. If additional products or services are requested, we will provide a revised scope and cost estimate. Upon receipt of your signed purchase order, change order request, or verbal authorization, we will proceed with the authorized services and invoice in accordance with the revised scope and cost estimate. All verbal agreements will be confirmed in writing. As of January 1st, 2002 Tierney Brothers, Inc. is required by the Minnesota Streamlined Sales and Use Tax Act to tax all installation hours that involve product that does not become part of real property. Tierney Brothers, Inc. will invoice 30% of the total project cost upon receipt of the Purchase Order. The balance is due net 10 days with 2% interest added to unpaid balances. There will be a 20% restocking fee plus freight charges for those items ordered which have to be returned to the manufacturer due to customer request or by change of order. Tierney Brothers, Inc Confidential 2/26/2008 Page 2 l-7 TBI Proposed Scope of Services We appreciate the opportunity to present this proposal. If you have any questions, please do not hesitate to contact us at your convenience at 612-331-5500. Our fax number is 612-331-3424. Sincerely, Heidi Harvey Sales Representative Audio-Visual Solutions Tierney Brothers Systems Integration & Design Tierney Brothers, Inc Confidential 2/26/2008 Page 3 1 g 3300 University Ave SE ..Q Minneapolis, MN 55414-3326 BROTHERS ~NC www.tiernevbros.com Winning Presentation Tools since 1977 612.331.5500+800.933.7337* Fax: 612.331.3424 Thank you for considering Tierney Brothers, Inc. for your audio/visual needs. Our goal is to work with you in finding a user friendly, cost effective solution for your multi-media project. Enclosed please find the price quotation as requested. The information contained within this proposal is supplied to you on a confidential basis and is not for disclosure to any organization without the written consent of Tierney Brothers, Inc. Date: February 25, 2008 Revision: 3 Company Name: City of Eagan Room: Fire Department Meeting Room Sales Representative Heidi Harvey Job 4071205 Video Equipment Total: $ 4,708.00 Remote Control Equipment Total: $ 8,788.00 Hardware, Cable and Installation Total: $ 4,344.50 Subtotal $ 17,840.50 Estimated Shipping Charges $ 452.56 Estimated Tax: $ 1,077.41 Grand Total $ 21,751.47 Maintenance Plan Options Bronze Maintenance Plan $ 750.00 Silver Maintenance Plan $ 1,450.00 Gold Maintenance Plan $ 1,883.33 This quotation is valid for 90 days from the date shown above. If you have any questions while reviewing this proposal, please contact your sales representative at 612-331-5500. Our fax number is 612-331-3424. We look forward to working with you and providing you with your total presentation solution. Sincerely, Heidi Harvey Ryan Sieler Sales Representative Engineer Tierney Brothers, Inc. Confidential 2/26/2008 Page 4 )q 3300 University Ave SE BROTHERS INC Minneapolis, MN 55414-3326 www.t(erneybros.com Winning Presentation Tools since 1977 612.331.5500 +800.933.7337 +Fax: 612.331.3424 Date: December 31, 2007 Contact: Mark Holm Consult Date: December 7, 2007 E-Mail: MHolmta7citvofeaaan.com Company Name: City of Eagan Phone: 651-675-5091 Room: Fire Department Meeting Room Fax: - Job 4071205 Sales Representative Heidi Harvey Revision: 1 Engineer Ryan Sieler Customized Price Quotation ALLOW 6-8 WEEKS FOR INSTALLATION AFTER RECEIPT OF PURCHASE ORDER. Video Equipment: Qfy Product Description: Quot*: 1 Panasonic F1000 LCD Projector (State Contract Price $2713.411 $ 1,850.00 $ 1,850.00 1 Chief Data Projector Ceiling Mount $ 146.00 $ 146.00 1 Ceiling Column $ 20.00 $ 20.00 1 Owner Furnished 60'x80" Rear Projection Screen $ - $ - 1 Interface System: Wall Plates and Accessories $ 839.00 $ 839.00 1 Interlink Wireless Keyboard and Presenter w/ 100 ft. Range $ 243.00 $ 243.00 1 Extron SW 4AV 4x1 Audio/Video Switcher $ 590.00 $ 590.00 1 Extron SW6 RGBHV A 6x1 VGA/Audio Switcher $ 1,020.00 $ 1,020.00 1 Owner Furnished Sony DVD/VCR Combo $ - $ - Video Equipment Total: $ 4,708.00 Audio Equipment: c Product Drscrluflon: Quote; gxdttldod; 1 Shure Gooseneck Microphone for Podium $ 225.00 $ 225.00 1 Shure SLX Wireless Handheld Microphone $ 606.00 $ 606.00 1 Shure SLX Wireless Lavalier Microphone $ 664.00 $ 664.00 1 Shure SCM410 4 Channel Mixer $ 833.00 $ 833.00 1 RDL Audio Combiner $ 53.00 $ 53.00 1 Owner Furnished Amplifier Package $ - $ - 1 Owner Furnished Speaker System $ $ - Audio Equipment Total: $ 2,381.00 Remote Control System: Qty FrQduct Description: QUO*. Eat.Dded. 1 Crestron AV2 Processor $ 1,731.00 $ 1,731.00 1 Crestron 8.4" Wireless Touch Panel and Wall Docking Station $ 3,718.00 $ 3,718.00 1 Crestron Control System Accessories $ 1,179.00 $ 1,179.00 1 System Programming-Non Taxable $ 2,160.00 $ 2,160.00 Remote Control System Total: $ 8,788.00 Tierney Brothers, Inc. Confidential 2/26/2008 Page 5 ~D Hardware, Cable and Installation: 911 hooduct D*wdction: Quote, Filonded- I Equipment Rack Accessories $ 291.00 $ 291.00 1 Cables, Connectors & Hardware $ 931.00 $ 931.00 1 Consultation/Design $ - $ - 1 Installation-Non Taxable $ 3,122.50 $ 3,122.50 1 Projector Warranty $ - $ - 1 90 Day Installation Warranty $ $ 1 System Training $ $ - Hardware, Cable and Installation Total: $ 4,344.50 Sub-Total: $ 20,221.50 Estimated Shipping Charges: $ 452.56 Estimated Tax: $ 1,077.41 Grand Tota : $ 21,751.47 Optional Equipment: Sib( ProduS~Rescdoflon: Quote: Extended; Smart Technologies Sympodlum Interactive 15" Monitor (State Contract 1 Price $1,664.26) $ 1,664.26 $ 1,664.26 1 Ergotron Swing Arm for Sympodium $ 83.00 $ 83.00 1 Installation $ 192.00 $ 192.00 Optional Equipment Total: $ 1,939.26 This quotation is valid for a period of ninety days. Tierney Brothers, Inc. Confidential 2/26/2008 Page 6 al ~~❑p T i E R n E J 3300 University Ave SE BROTHERS INC Minneapolis, MN 55414-3326 www.tbrneybros.com Winning Presentation Tools TM Since 1977 612.331.5500*800.933.7337*Fax: 612.331.3424 February 26, 2008 City of Eagan RE: Fire Department Meeting Room Job Number: 4071205 Revision: 3 Sales Rep: Heidi Harvey Proposal Total (not including options): $ 21,751.47 Option Please Initial to Accent or Decline Option Available Proposal Options: Total Accept Option Decline Option Smart Technologies Sympodium Interactive 15" Monitor (State $ 1,664.26 Contract Price $1,664.26) Ergotron Swing Arm for Sympodium $ 83.00 Installation $ 192.00 Grand Total with Proposal Options: $ 23,690.73 Please Initial to Accept or Decline Option Please choose only one option Available Maintenance Plan Options: Accept Option Decline Option Bronze Maintenance Agreement' $ 750.00 Silver Maintenance Agreement' $ 1,450.00 Gold Maintenance Agreement' $ 1,883.33 'Please submit the corresponding signed maintenance contract and return with purchase order The undersigned authorizes Tierney Brothers, Inc. to proceed in accordance With the proposal including options chosen and agrees to be responsible for payment. By signing below I have read and understand the scope of service and agree to the client responsibilities and conditions. Client's Name: Authorized Signature: Title: Date: Authorized Signature: Title: Date: State/Education contract number (if contract pricing applies to this order) Tax Exempt Number Tierney Brothers, Inc. will invoice 30% of the total project cost upon receipt of the Purchase Order. A copy of the tax exempt certificate must accompany all P.O.'s or this account will be charged tax. The balance is due net 10 days with 2% interest added to unpaid balances. This quotation is valid for a period of 90 days from the date shown above. Tierney Brothers, Inc Confidential 2/26/2008 Page 7 Bronze Maint Contract E1E:1❑ T i E R n E J 3300 University Ave SE BROTHERS INC Minneapolis, MN re 14-3326 www.tierne ros.com Winning Presentation Tools TM Since 1977 612.331.5500#800.933.7337*Fax: 612.331.3424 TIERNEY BROTHERS MAINTENANCE PROGRAM Tierney Brothers, Inc. prides itself on providing the best service possible to its customers. At Tierney Brothers, Inc. your success is our responsibility. When Tierney Brothers, Inc. integrates a solution for your equipment needs, we not only supply the product, we supply quality installation and service. Bronze Maintenance Plan Designed for: City of Eagan Included in your Bronze Maintenance Plan, you will receive one preventative maintenance check, along with one non-scheduled service call per contract period. The preventative maintenance check will be scheduled to evaluate, test, and clean all of the equipment included in your system. Preventative maintenance on your system/room can prolong the life of your equipment. Your bronze maintenance plan includes one non-scheduled service call within the contract period. Our technicians will evaluate the problem and complete repairs on site if possible. If any parts are required to repair your equipment, an estimate of product pricing will be given before work begins. Under certain circumstances, equipment may need to be brought back to our facility for repair. Terms and Conditions If any equipment, cabling or accessories are physically damaged from accidents, natural disaster, misuse, abuse, or attempt to service by a non-qualified technician, or if it does not match the as built drawings, it will be void from coverage. Under these circumstances it will be the customer's financial responsibility for repair or replacement. Additional charges for lift rental or other supplemental equipment will apply if such equipment is required for equipment access. If the service technician determines the problem is the result of user error, rather than equipment malfunction, additional charges may be applied. All manufacturer warranties covering parts and labor will be honored under this maintenance contract. Products outside of manufacturer warranties that are in need of repair will receive labor at no charge and 10% off parts. System installations carry a warranty for a period of 90 days. Maintenance contract effective dates will begin 91 days from invoice date and last for 12 months. If maintenance plan is written for an existing room, contract invoice date is effective date of contract. Preventative maintenance checks cover all equipment from the original installation or all equipment installed in the room(s) at the start of maintenance contract. The maintenance plan is limited to our local service area. If any of the equipment or system components are removed from the premises, they will become void of coverage and become the financial responsibility of the customer if damage occurs. If the service plan is written for a system outside a 100-mile radius from Tierney Brothers, Inc. there will be a mileage / trip, and per-diem charge per call. Special contract stipulations may be written up on an individual basis. Service and support is limited to Monday through Friday, 8:00 AM to 5:00 PM central standard time, excluding national holidays. This Bronze Maintenance Plan refers to: City of Eagan RE: Fire Department Meeting Room Job Number: 4071205 1 have read, understand and agree to the above terms and conditions. X Date: Please Sign Here Tierney Brothers, Inc Confidential 2/26/2008 Page 8 ~3 Silver Maint Contract "0o r i ER nEJ 3300 University Ave SE #*p BROTHERS INC Minneapolis, MN 55414-3326 www.tierneybros.com Winning Presentation Tools - Since 1977 612.331.5500#800.933.7337*Fax: 612.331.3424 TIERNEY BROTHERS MAINTENANCE PROGRAM Tierney Brothers, Inc. prides itself on providing the best service possible to its customers. At Tierney Brothers, Inc. your success is our responsibility. When Tierney Brothers, Inc. integrates a solution for your equipment needs, we not only supply the product, we supply quality installation and service. Silver Maintenance Plan Designed for: City of Eagan Included in your Silver Maintenance Plan, you will receive two preventative maintenance checks, along with three non-scheduled service calls per contract period. The two preventative maintenance checks will be scheduled to evaluate, test, and clean all of the equipment included in your system on a semi-annual basis. Preventative maintenance on your system/room can prolong the life of your equipment. Your silver maintenance plan includes three non-scheduled service calls within the contract period. Our technicians will evaluate the problem and complete repairs on site if possible. If any parts are required to repair your equipment, an estimate of product pricing will be given before work begins. Under certain circumstances, equipment may need to be brought back to our facility for repair. Terms and Conditions if any equipment, cabling or accessories are physically damaged from accidents, natural disaster, misuse, abuse, or attempt to service by a non-qualiried technician, or if it does not match the as built drawings, it will be void from coverage. Under these circumstances it will be the customers financial responsibility for repair or replacement. Additional charges for lift rental or other supplemental equipment will apply if such equipment is required for equipment access. If the service technician determines the problem is the result of user error, rather than equipment malfunction, additional charges may be applied. All manufacturer warranties covering parts and labor will be honored under this maintenance contract. Products outside of manufacturer warranties that are in need of repair will receive labor at no charge and 20% off parts. System installations carry a warranty for a period of 90 days. Maintenance contract effective dates will begin 91 days from invoice date and last for 12 months. If maintenance plan is written for an existing room, contract invoice date is effective date of contract. Preventative maintenance checks cover all equipment from the original installation or all equipment installed in the room(s) at the start of maintenance contract. The maintenance plan is limited to our local service area. If any of the equipment or system components are removed from the premises, they will become void of coverage and become the financial responsibility of the customer if damage occurs. If the service plan is written for a system outside a 100-mile radius from Tierney Brothers, Inc. there will be a mileage /trip, and per-diem charge per call. Special contract stipulations may be written up on an individual basis. Service and support is limited to Monday through Friday, 8:00 AM to 5:00 PM central standard time, excluding national holidays. This Silver Maintenance Plan refers to: City of Eagan RE: Fire Department Meeting Room Job Number: 4071205 1 have read, understand and agree to the above terms and conditions. X Date: Please Sign Here Tierney Brothers, Inc Confidential 2/26/2008 Page 9 Gold Maint Contract ~~o T i ER n E J 3300 University Ave SE **p BROTHERS INC Minneapolis, MN 55414-3326 www.tierneybros.com Winning Presentation Tools TM Since 1977 612.331.5500*800.933.7337#Fax: 612.331.3424 TIERNEY BROTHERS MAINTENANCE PROGRAM Tierney Brothers, Inc. prides itself on providing the best service possible to its customers. At Tierney Brothers, Inc. your success is our responsibility. When Tierney Brothers, Inc. integrates a solution for your equipment needs, we not only supply the product, we supply quality installation and service. Gold Maintenance Plan Designed for: City of Eagan Included in your Gold Maintenance Plan, you will receive two preventative maintenance checks, along with unlimited non-scheduled service calls per contract period. The two preventative maintenance checks will be scheduled to evaluate, test, and clean all of the equipment included in your system on a semi-annual basis. Preventative maintenance on your system/room can prolong the life of your equipment. Your gold maintenance plan includes unlimited non-scheduled service calls within the contract period. Our technicians will evaluate the problem and complete repairs on site if possible. If any parts are required to repair your equipment, an estimate of product pricing will be given before work begins. Under certain circumstances, equipment may need to be brought back to our facility for repair. Terms and Conditions If any equipment, cabling or accessories are physically damaged from accidents, natural disaster, misuse, abuse, or attempt to service by a non-qualified technician, or if it does not match the as built drawings, it will be void from coverage. Under these circumstances it will be the customer's financial responsibility for repair or replacement. Additional charges for lift rental or other supplemental equipment will apply if such equipment is required for equipment access. If the service technician determines the problem is the result of user error, rather than equipment malfunction, additional charges may be applied. All manufacturer warranties covering parts and labor will be honored under this maintenance contract. Products outside of manufacturer warranties that are in need of repair will receive labor at no charge and 30% off parts. System installations carry a warranty for a period of 90 days. Maintenance contract effective dates will begin 91 days from invoice date and last for 12 months. If maintenance plan is written for an existing room, contract invoice date is effective date of contract. Preventative maintenance checks cover all equipment from the original installation or all equipment installed in the room(s) at the start of maintenance contract. The maintenance plan is limited to our local service area. If any of the equipment or system components are removed from the premises, they will become void of coverage and become the financial responsibility of the customer if damage occurs. If the service plan is written for a system outside a 100-mile radius from Tierney Brothers, Inc. there will be a mileage / trip, and per-diem charge per call. Special contract stipulations may be written up on an individual basis. Service and support is limited to Monday through Friday, 8:00 AM to 5:00 PM central standard time, excluding national holidays. This Gold Maintenance Plan refers to: City of Eagan RE: Fire Department Meeting Room Job Number: 4071205 1 have read, understand and agree to the above terms and conditions. X Date: Please Sign Here Tierney Brothers, Inc Confidential 2/26/2008 Page 10 as Agenda Information Memo March 3, 2008, Eagan City Council Meeting F. APPROVE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR PARKVIEW GOLF ASSOCIATES, LLC DBA PARKVIEW GOLF COURSE LOCATED AT 1310 CLIFF ROAD ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. FACTS: ➢ The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. Parkview Golf Club is seeking a renewal of their permit at this time. ➢ Staff has reviewed the application and does not find any reason to deny the permit request. ATTACHMENTS (0): Agenda Information Memo March 3, 2008, Eagan City Council Meeting G. APPROVE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR SAMBOL, INC. DBA SAMBOL RESTAURANT LOCATED AT 1260 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Sambol Restaurant located 1260 Town Centre Drive. FACTS: ➢ The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. Sambol Restaurant is seeking a renewal of their permit at this time. ➢ Staff has reviewed the application and does not find any reason to deny the permit request. ATTACHMENTS (0): a-7 Agenda Information Memo March 3, 2008, Eagan City Council Meeting H. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR BONFIRE RESTAURANT COMPANY, LLC DBA AXEL'S BONFIRE LOCATED AT 1555 CLIFF ROAD ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for Bonfire Restaurant Company, LLC dba Axel's Bonfire, 1555 Cliff Road. FACTS: ➢ A change in the ownership of Axel's Bonfire has occurred resulting in the need for a new on-sale liquor and Sunday license. An on-sale liquor and Sunday license has been applied for by Bonfire Restaurant Company, LLC. ➢ Bonfire Restaurant Company, LLC is expected to acquire the Axel's Bonfire restaurant on March 15, 2008. ➢ 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): Agenda Information Memo March 3, 2008 City Council 1. FINAL PLAT (CCBC ADDITION) - COCA-COLA ENTERPRISES, INC. ACTION TO BE CONSIDERED: To approve a Final Plat (CCBC Addition) to consolidate three lots into one lot on approximately 47.43 acres located at 2750 Eagandale Boulevard and 2737 West Service Road, in the NE 1/4 of Section 3. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ Coca-Cola Enterprises, Inc. has their production, vending service and fleet located on the subject property. ➢ The replat of the three lots would allow for a proposed expansion by eliminating the interior property lines. ➢ The proposed expansion consists of approximately 4,185 square feet of vending storage space. ATTACHMENTS (2): Aerial photo on page.2P_. Final Plat drawing on page. 1 d 1 ; w5 k ♦ 1 I• 3 € •q`fib I~f ~Iw ~ k mi ~f b ~ G i r! i ~ =vt Feet Location Map-Aerial Photo 0 250 500 1,000 CCBC Addition N W CCBC ADDITION \ 01111 ' \ 3 i' \ 4 Y \ I v \ 7 \ / BLS' MOCK \ / ONE / i \ \ 9 \ _ I MRM I I G M L 12 \ / I 'o 1 I sr- aw v I ~7` X77' I/SP / sosrtx sv OFGREFS.x snr.uxes asscoNOS xssr.ssa+on~c \ ~ souxx sws or xoxr~wxn~uomox. T \ erwwss. SHEET 2 OF 2 RECEIVED DEC 1 3 200-1 Agenda Information Memo March 3, 2008 City Council J. FINAL PLAT (ATLAS 2nd ADDITION) - ATLAS OF MINNESOTA, INC. ACTION TO BE CONSIDERED: To approve a Final Plat (Atlas 2nd Addition) to create one lot on approximately 11.44 acres located in the S '/z of Section 2. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The replat of part of Lot 5, Robert O'Neill Homestead, allows the dedication of a storm water drainage easement. ➢ The property is vacant. ATTACHMENTS (2): Aerial photo on page-33-- Final Plat drawing on page. 3~ { ~ 11 rie w yr+ F ~y y t Yn t. Tj 7, JOEL • ' r Y. : i ~ a:.y ` y 11M'!'*'! 1!'RS~' Pte' %r AL V1. r Feet Location Map-Aerial Photo 0 250 500 1,000 Atlas 2nd Addition N 33 r "Nlr M"P SEC 2. , TMP. 22, Rrr£. 23 A TLA S 2ND ADD/ T/ON 5 I KNOW ALL PERSONS BY THESE PRESENTS: Thet A`°> Lea m1 C°., prop1 ° MFneaoty cwpwellen. e.nw on - e1 the IoXO.ing dmcrmed _PK ty lit-- M Ine -ty o1 D-le. 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I,—, -.t. to the puDllq lb, / In Ht-..weol °d All I In.IMmmt Co., o MMneaela \ G~ I y o 200- cerpwdtlm. neI ceuaee lnettf p almta to De aignee DY ila p open ellker IN, AIIaI -L-1 Co.. ° MFnewlO \ aaw/ cerpw°lim _ BY: / ' L of _ O C\ 'C0~ \ t STATE OF p0 S \ \ COUNTY OF 100 0 100 200 SCALE IN FEET D~>•\\BOry 1''' :r'. 11i. f°lppFg iri- t .°a °.m^.nea9la De1wI mI Inia a0r °I 2W_. III, ..aP • if E .7 I of aek A11eI 1-Ilm.nt Cp., ° .-Ml. cwpw°li°n,m DMaf el a°N cwpervlien. a, y, mr., ems. \ THE EAST/WEST QUARTER LINE O SECTION 2. TOWNSHIP 27, RANGE IJ. DAKOTA COUNTY, MINNESOTA IS ASSUMED TO BEAR N59'39'01"E. 0 DENOTES IRON MONUMENT SET / \'p' 1 L S6 f MYICanm°ISfiim E.p1 ea COVn1y AND MARKED BY RLS 15480 / `~Ii ` e DENOTES IRON MONUMENT FOUND O,Pb nermY -ifyp ln °I 1 Fpw our PIP11ee pr y cNit Inia a Icwre AT ° c°r, c1 LAS 2ND AQanQN: ln° ,a P.t m tJ / A f yA Si"'- Q~?'1 s% °fP•eaml°Iime 1 tn. emnd- Ier.er. -1 PX mo nem mmka item ana m 111, w In^ xli,.I.a m n`I p1°c11n 1 m.min : d.PMlee e^ Y` r J 1'•~~. s~;r , m tnI pl°1 n .I item I ..Ilur III °I Mak°lea n mI I°mel a1 .oral ew°emill ° e t 1mm mIe ws sos.Dl. send. J e.iaunq °I th..1. °I h". ce.ulmetl°n w. I— ma 1°DP d °n Ine Pmt not 01 ii._ .°n w. fno.n ~etll°D«ed an t e Pmt. rJ 9(,/ L`y r hi .NP `(d A...... Lkmfa No.°IS BO Yw-_-----_- AL~ M1 \ 3~ - MD. df' f•/ y STATE OF MINNESOTA COUNTY OF / rJ ; ay/Ti 10'x. LI;\°` LOT 7 Th. (pre9bng Suyo Cml , °°Ane edge0 b.- m.. thiK y of 200 by 5 H— tt Ni a - - MoI . lo Licae IS.e0,~liem / +P 4{ 0 not«r v°en canin u °a to ltd BLOCK 1 My Cwnmiaai°n E.prea ~p 5 500,915 SO fT OR 11.500 ACRESbjP W. e° h -by -ify °I en m. y 200- the City C.- el E °g°n, M.mespte ePwevee m p1°I. \ . / Ath° eM1\ ~`6• a~'/// d "°r°r elm \ P-- I I. -lib. - -lib. 3821065, Mm..I.w sml°leN 1hil pmt n°. I,- PP eey e1 200- \8 ~V k!APA P°.ed th,. \"F \\'L?i iP y E L: BY: '%\`Eb~p. :~\K4 \ Sr 42 ;P r J~A Teed a I I°n 'c A .7 •\b''•.• I\j'`~- ''e" ICJ D°xelp ewlnly wr.ger y~•o'``Ei•.~\'-+°`'.: 5. p An DRAINAGE AND OUTILITY WITI T \.f/ T Lr EASEMENTS EMENTS ARE SHOWN THIS: met 1n. m. 2aa__ lb, to Ina daa°. I en 11m °a ATLAS 2ND ADDITION ne.I DIm peM end n° ellMwem a 1 .fye°. r 1 200- c,~K \ n so M1~ 1~rJ te.Ie °eY, arury e a. m o-mamrM ..d e \ \ 1CePmr Tremor«=A~aa> - D°X°1e e°e^1y. Yi...e°le CFA DOCUMENT NUMBER 8\ BEING 10 PEET M WIDTH AND ADJONING rHyd\ STREET LINES, AND 5 FEET IN MOTH AND ADJOINING LOT LINES, UNLESS OTHERWISE 1 n.r.r -Uly tnel In. nllrum Imt .ea Mee F Ine .1R.. Df the County III— Ier rite d m W _ coy of K \ SHOWN ON THE PLAT. 2OO__ at bclod -M., and .°f N1y recorded F B- --_--.1 m m pegs \ Cwn1y R DMele Ceunly, ty. M' m ..Il-e - IS UNDE LAND SURVEYING RECEIVED JAN 0 9 2000 Agenda Information Memo March 3, 2008 Eagan City Council K, FINAL SUBDIVISION (GUSTAFSON ADDITION) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Gustafson Addition) to create two single-family lots upon 2.38 acres located at 543 Red Pine Lane in the NE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: ➢ The Preliminary Subdivision was approved March 6, 2006, and was extended for one year in March 2007. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page GUSTAFSON ADDITION K-V ALL PEKSONS BY THESE PRF,S-Ts. Thnl R:ckr L GUSnfaon aM K.. IT O-l-, -1 e msnm oflk (ollm ing (mE or ,,E _O01H 166- rET or Ia.E -1 261.0° FTI Or IHC S- 1/1 OF NE I/1 CETA1[; l aewnka mrnlnr ailnmremme cPpnrr nrormA Slaln armimm~mAlnx,r. / 20 11:1-r IM IXl fen rr the wem 26i OO(,I oflh 9.0-1 Q.-,.-, N.... Q--1-11, the I, 19600 fn1 nflhe- iNOO N89'S6'09aE 264.0 \ an rrlne NOnheam Q:ranrrr lne SOUllleam Qvaner of Sec1im 16, Tunnship 21, Rar19e 2l, E. C,-,Mrmwwla,-F nn1-1 A. :50.00 t<0.1♦ 25 _____?J B6___!!•_-n, ELEME\TARV SCIIOOL KO.IB, acmrdin4ln the recorded plm lM1erm(, Dakon Cmlmv, Mim:esda. }t 4.OJ n ^ - ° IIa•v cnuaedlks , vrve - .1 plallee as 1,, 1. 6ONADDITION,aM do hereby aedimle folk puMlc (or pl:bl:e usef ner,lM1e pukic ' ATCR E(iV. AS OF B-15-OS % 8 ' %L`~~~ \ •v%-x, end also drdlcme III lhe eesemelnan ahuxn an lhrs plln ka JrlinapeaM:nlliN pvrl+'sa only. 2 ~922.9T (NGVL-1929) /r >d.,S %'Q\T~•^ )1 Inxilmsa f~ Mwire, Ir<ve Meevrur set lFnr M1anAlhis -d%of Wlereofsaid Ricky L. Guslarson anJ Kim D G-., h... f~ 0 N D 1 • _ s~j r ~ t'd I ~6SO9^I( 0.iekyl. Wnalwn AmD.C. ron.-__._ ID x ° ) 1 STAT_. MINNES(1TA 8 DRAINAGE m AND $ 1 b.9o - Sy9 I cov MI 11 X w 1 N.- OF ,yh r \ / 6 TAe fm1 knowl ekfon melhia dry rf ,2OU / grlne:nummml ••u ve eJBe EASEMENT- -0 IB.L bY Rake 1. / Aotnry Vublc _ __Cawrxy. Minnesma x Z POH~` / / ~ • N~ Z \ 2112221 / MY CUmm:suon F.ap:res d „ NO SCALE Iknbr nnifY lhal l hesesurvered- plmled lM1I PII 11Y descnkdunlhisl'lm®C!STAFSOYA-1-N. llal thrs yl--eI-, 1 \1 66151• ( \ \ repro r h vml M1 all ms hymn cal d- and I-erc eo tlv -FIuN on the plar Iha1 all lw FFN d I v i~~/ n IF havrk Ine ply E 11., rnd e+INm lM ple 1M1a' Ihrxaln kwndmies and xn lenasaa Je6mJ m MS 0 0 S kh,pla Y 5?,~-' NE CORNER OF SE I/4 esmrr:gm f1h<dme of lM1 V< 'fc me shm•n and lakled mlhe plm;aM thm ell puhlr rays mesNnm:md bkled rn lne Dl - 'o `s4E Alin UnE Or iRE 5<1Drvr 'S' Oo rEEi Or IHE w SCC. }6-TllN-R25w 244 51 261 OS - °f III SE 1/1 OF NE DAHOrA CWNiY C.I.IA. %i N89'5 B'09'E 264 00 /I flnL-. NT sunxxor ~1 rTfi~i6rr4Y5 T- MII:rIlsme L.censrl_,s 95)._,e . O~[I UN0011 "1 On1F 196 - OF 2H iZ k 1064.)9 5 MSi 264. _ xC DO 1 s0r 6t1/1E _ N95"0091 S'1:1TE OF Nglh ESOTA C-NTY OF DAKOTA W .I>o _=g~ i'W+ Tllrr rr9oinv snr.-1Y«icrniFnlr was ark:wwlru9ra bemn mr mr._ m LOCATION AP M v1d N. ,mJ SU . ,M:maMa hums 9o 29N yc R' i~ _ _ an Publw._ =Coon y-nlin:xrHa SEC. 36 T 27 R 23 1~('rnml:a:lw E.p1 o ° W k CITY OF EAGAN, MINNESOTA-__-- the CnYfmmcl ofFngml. Fllnl~o;a apyeo•NIM1rs t . "I d. Fe,ebyc nifr shat -N, day or _ 200 m $ = N1/ .r / PIa1. $ z ^ °a : I 1 • m N , xa G i W 1'unue:11 lnsecurn 3831LI 66, Alinnesme Slelun.lhn plat has ken apprn+eelM1:s tl%M 00 jY TMAR Tnllc LOCI 1 , 1 rv° SCaIE • _ . LL - LL ~ Oakme ('aunty S. mvrr DMJNAOE AND UHIJiY EAYME S ARE SHOWN THUS: 11BINl1"rRFASU0.I:R-AlIUI1OR c' I -yr-fY lher IhI lawn fm lle ron, lhe lanJ de Ndon lksplmas(IVSTAFSQ\ A DDITION. h- ken ,,.d SO- nM m+ ' rg 8 wi -E 1- ° 00 EI O de 9 Ilaan arc due amt lnm!<r enloreJ lFix_ _-_'m F 'HE 198. I iNC 5 w[91 26s uD 1 HEN Dr NE 1/4 M r I = 5 ('au YTreaaure,-A 4. o k i , aJ n Oakola ('mrnlr MlnnmN. m~ o s s•. MA RS430.00 (QC T :C(0. [R l D. Y N k Ilnr b) fr IaI IM1'x a.fieJ Rrrr hr Cr nl ec dun hs n! w+ 5z' - ytP'65 ~I ,5000 m :2IX1- _ Aclxk 1 d Mrr Jd k.... _.or__ r o " ~ B 5 /v ^ n SEC DETa I_ - I ,r r11z 1r zrn rr 1 p n K n:kma(w 1r 111- 'OF mr 111, s1 n.,er11 a~nrlnr n n. 9 _ _ _ r )s. rr.nz.~ 56'S p9 JI ( a'nn lrelr .r,.rmnb b.r r or Nrrll, e9 a 9 e . Sr095e / / / / 59 n~males Co <e<oaJS E:+sl. /f~7~I~\~y.1~j~[k~Ip, C:n we 4c nO _ ,1/ / P'e lPO6z<nJ101arrvo A.eauel=^951.69 v(NGW 19) kY~- ,.1:222: • Deader v ova t/2 Im rv o m r1n a 11 ..i' ,^1, „ DELMAR H. SCHWANZ vR(S 226+. ..~nnn r.r1r., ap.r..~ 11 sc4LE In FEET LAND SURVEYORS, INC. RECEIVED )Mtl 1 9IDOB Agenda Information Memo March 3, 2008 Eagan City Council Meeting L. VACATION OF EASEMENTS, FINAL SUBDIVISION (WATERS ANNEX 2ND ADDITION), FINAL PLANNED DEVELOPMENT - CSM CORPORATION ACTION TO BE CONSIDERED: To approve a Vacation of easements within the Waters Annex subdivision (Lot 1, Block 1, and Outlots A, B and C) in the SW'/4 of Section 1. To approve a Final Subdivision (Waters Annex 2nd Addition) to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1. To approve a Final Planned Development for Lot 2, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW '/4 of Section 1. To approve a Final Planned Development for Lot 3, Block 1, Waters Annex, located east of Lone Oak Drive and Lone Oak Parkway, in the SW 1/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: ➢ The Preliminary Subdivision was approved November 20, 2007. ➢ The public hearing for the Vacation of easements was held at the February 19, 2008 Council meeting and action was postponed to be concurrent with the Final Subdivision for Waters Annex. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. 60-DAY STATUS: Not applicable ATTACHMENTS gl Location Map, page ~q Legal Description and Graphic for Vacation, paged 1 Final Plat, page J-1 7) 37 CHTS INTERSTATE 494 i Proposed M U~J TR~ti~ Vacation tiwy do SSA ~ Oq 'Ti OR W LONE OAK ROAD I W TRUNK HWY No. 55 O > I ~ Q z O I C7 Z J I 'J s I YANKEE DOODLE ROAD I A ~ I Zcr ' I Waters Annex City of Eapn ~q Proposed Easement Vacation 1-09-08 Engineering Department Location Map e la o / iii::; I . ? ff.s......... : , ;;;;;::t : . ? e r;:;; • ; ; a% i sit sr:' CONE .s;.«::<:?:>:.t:ii: 0-1/( 0R/ VE D V f 1. G F~ 0 100 200 400 Q~" 1V SCALE IN FEET LEGEND DESCRIPTIO OF EASEMENTS TO BE VACATED QM~ 1""~~=N"~•1"i1tlM m'~"° M: .~i wd 1 w" • iy tl.~..• r.d...i.~r •..e EXISTING EASEMENTS I x•- er : : °.a."""""" OUTSIDE PROPOSED EASEMENTS All drainage and utility easements dedicated If/1 i/°1 1 °•1• U•w~s• Nmm6n PROPOSED EASEMENTS in the plat of WATERS ANNEX, Which plat was PROPOSED EASEMENTS ALLIANT filed of record on December 29, 2006, as ExNlelr ,,,.,,~.:MMER Document No. 2484691, in the office of County..-.: EAGAN. MINNESOTA .I ON6UID"`1•:wIG"' Recorder, Dakota oun y mri I EXH I BIT A I N. v. I . v. I I 1 T WATERS ANNEX SECOND ADDITION L N 1 6 I I 8C41 nM~ ]a « ~ ]u0.ri~ I '~alr 1 «v4 , . ~ VICINITY MAP SECROH t. TIP. it. RGE. 23 . r i-• , , r • . NOT TO SCALE - - pT OJT ' II r« I I _ r I N7z73 j.9 j • 'P01i° n° ; ^ ` 555 72 • 1 In 1 ; ryiaaiai R I`~ .I 58T2T54'W 304.14 I 8 [ IJ tbT.tf• R~ WET LMU / . i he i~ ~ ~i tp1 d 1 p W .i I ' n g A T g?y / I n T i i BLOCK 1 , .I LOT 7 ; / ! ; i 5ysoe 3~ t»"o'"o• t`~~ \ } 1` OUTLOT A' + \ LOT 3 y/ D M 1~ W.W AT LOT 2 `"Lys 8 6 f a a« WEI LANG Tu -xe r' \ `r I ''-SEE DETAIL B cIHNa \ I IS I- =3 SJeG Are H'~t ^ - •''~°'•'4a.wHE• t r •'r• B ~l f; +i~ ro ,//I n r..° 1 OUTLOT A ~ rzoirtrCmRUwwE `wn u»a ` So•>`~L F' ~Al • ~ ~•ty» arx•A 4~~ 3 ai]a__ r~aemaa g 8 ~ N n S i ~ 4ww 4J 1 ,•~NA r \ Y N 110. UI Pl 509 p 582'2 a 1411' .20 •E \ jB.E •(02,2 T`AwL2rY ar As 4T0o ETAIL 00• L~~6 WET LAND S. NOT TO 80ALF>/ ~ j if;::.~ + \ In T 2J2J •urnia ~1~ :v a'ye ~ en \ C4 g0e / e°4 _ yaA MANACE MO UTILITY EASEMENTS ME SHOWN THUS: LOT I ` +•B'T Z-1340 I ~A'J'y~I~JJ~J~r k• •j~4g E~ I • \ ~ \ Se. F te.l O ~8) o 100 200 300 ]HE MO 51 [AS1CI1lY LINE LOT 2 /)t a•. K-0 ME eAxD ON 1 1 \ OF OUIL01 C. WATERS ANNEX 10 HAVE AN ASSUMED LOT 3 eEJUNO DE NOO32'45Y 1 / / I • D..•1. t/2 tn]N a 18 t.M .m mawrrt«I 1.nu 1 / DETAIL B m.kd by IN«.. A•. 18425 W.« •1e.•M• oh,m NOT TO GGALE / o D.r•e1n 1/2 `4~/ MA . to eA Yn mm1 W / mMN by k.. 18125 -W. •Ih.Pb. aM.rr ALLIANT eekq 5 1881 Nl M n -d ••I.NM• bl tln« .M 10 ENGINEERING, INO. / t..l ti .IAIN Md .+ba•49 ..l e. M..n .n IAY Z. W... •th IAnw1.. It, ]N..R SHEET 2 OF 2 SHEETS RECEIVED MI. 19 21;07 Agenda Information Memo March 3, 2008, Eagan City Council Meeting M. RESOULTION DECLARING ABANDONEMENT & TERMINATION OF THE CUP FOR OUTDOOR STORAGE OF LANDSCAPE MATERIALS AND CONCRETE BINS - 3206 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To adopt the Findings of Fact and Resolution declaring abandonment and termination of the Conditional Use Permit for outdoor storage of landscaping materials and concrete bins on Lot 9, Block 1, Letendre Addition No. 3. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ On December 4, 1996, the City Council granted a Conditional Use Permit (CUP) a portion of which allowed for outdoor storage of landscaping materials and concrete bins the property located at 3206 Sibley Memorial Highway, ➢ Through site inspections, City staff has determined that this storage has been discontinued for over a year. ➢ The City Attorney has opined that the portion of the CUP allowing outdoor storage of landscaping materials and concrete bins should be declared abandoned and terminated. ➢ City Code Chapter 11, Section 11.50, Subd. 4(I) provides in part, "If the conditional use is discontinued for six months, the conditional use permit shall be null and void." Outdoor storage of landscaping materials and concrete bins on the site has been discontinued and remained discontinued for a period of six consecutive months or more. ➢ The property owner has been sent a notice advising of this City Council item. ATTACHMENTS (2): Resolution on pages through`f- Granley affidavit on pages through /I CITY OF EAGAN RESOLUTION NO. FINDINGS OF FACT AND RESOLUTION DECLARING THE ABANDONMENT AND TERMINATION OF THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF LANDSCAPING MATERIALS AND CONCRETE BINS ON LOT 9, BLOCK 1, LETENDRE ADDITION NO.3 Based upon the information and all records, files and documents presented to Council in this matter, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. On December 4, 1996, the City Council granted a Conditional Use Permit (hereinafter "CUP"), for the property located at 3206 Sibley Memorial Highway, in the City of Eagan, County of Dakota, State of Minnesota, legally described as: Lot 5, Block 3, Letendre Addition No. 2, according to the duly recorded plat thereof. 2. The property was subsequently replatted and is now legally described as: Lot 9, Block 1, Letendre Addition No. 3, according to the duly recorded plat thereof (hereinafter the "Property"). 3. The CUP provided for outdoor storage of vehicles as well as outdoor storage of landscaping materials and concrete bins on the Property, subject to conditions set forth in the CUP. 4. A copy of the CUP is attached hereto and incorporated herein as Exhibit 'W'. 5. The CUP required that the landscaping materials be contained within, and screened by, the concrete bins. 6. Pursuant to the City Code of the City of Eagan Section 11.50 subd. 4(1), a Conditional Use Permit shall be null and void if the conditional use for which it was granted is discontinued for six continuous months. 7. On November 30, 2006, City staff inspected the Property and observed no landscaping materials and that the concrete bins were in the process of being removed. 8. On December 20, 2006, City staff again inspected the Property and observed no landscaping materials or concrete bins on the Property. 9. On April 24, 2007, City staff again inspected the Property and observed no landscaping materials or concrete bins on the Property. 10. On September 11, 2007, City Staff again inspected the Property and observed no landscaping materials or concrete bins on the Property. 4A 11. By letter dated February 14, 2008, the City sent notice to the Property Owner advising that the City Council will consider a Resolution declaring the abandonment of the outdoor storage of the landscaping materials and concrete bins use. The notice is attached hereto as Exhibit «B„ 12. On March 3, 2008, the City Council was provided information from City staff setting forth the facts as noted herein. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that it hereby declares that the outdoor storage of landscaping materials and concrete bins on the Property was discontinued on December 20, 2006 and has been and remains discontinued for a period of six (6) continuous months or more. BE IT FURTHER RESOLVED, that the outdoor storage of landscaping materials and concrete bins on the Property was abandoned. BE IT FURTHER RESOLVED, that the Conditional Use Permit for the Property as it pertains to the outdoor storage of landscaping materials and concrete bins shall be, and hereby is, null and void pursuant to City Code. BE IT FURTHER RESOLVED, that outdoor storage of landscaping materials and concrete bins is not permitted on the Property effective immediately. ADOPTED this 3rd day of March, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk 43 i 50 C, 37 EXTRACT OF MINUTES OF THE CITY COUNCIL OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road in said City on December 4, 1996 at 7:00 p.m. The following members were present: Egan, Wachter, Awada, Hunter, and Masin; the following were absent: none. t Avrada introduced tii ie folluiving resolution and moved its adoption: CITY OF EAGAN Resolution approving an Amendment to the 1994 Conditional Use Permit allowing Johnson's Richfield Blacktop storage of vehicles and concrete storage bins for the property described on Exhibit A attached hereto, and attaching conditions thereto WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Eagan has adopted zoning regulations to control land uses and performance standards throughout the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that a Conditional Use Permit is hereby approved subject to the conditions as set forth in the Conditional Use Permit attached hereto as Exhibit A and incorporated herein by reference. DATED this 4th day of December 1996. CITY OF EAGAN (Seal) B E. J. VanOverbeke Its ity Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Hunter and upon vote being taken thereon, the following voted in favor. Egan, Wachter, Awada, Hunter, and Masin; and the following voted against the same: none. 4q I:.=XH I BIT A STATE OF MINNESOTA) : ss COUNTY OF DAKOTA ) On this 4th day of December 1996, before me a Notary Public within and for said County, personally appeared E.J. VanOverbeke to me personally known, who being by me duly sworn, did say that he is the City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said City Clerk acknowledged said instrument to be the free act and deed of said municipality. MARILYN L. WUC,HERPFENNIG ` NOTARY PUBUC-MINNESOTA a • DAKOTA COUNTY / ` •My Commission Expires Jan.31, 200D 7#Ntary !~Wblic This Document was drafted by: City of Eagan 3830 Pilot Knob Road Box 21199 Eagan, MN 55121 oaW~ on o o0 CC _ 4z W so ccZZ~ 40 zo i W 3: -j 0 c om0 ° CC p 0 LLJ p N ¢ { Ul z M Ooa OQ W U U 0 C) ~ L r ~ EXHIBIT A CITY OF EAGAN CONDITIONAL USE PERMIT AMENDMENT WHEREAS, a Conditional Use Permit was issued to Johnson's Richfield Sod and Blacktop in 1994 for outdoor storage of trucks and landscape materials; and WHEREAS, a request by Johnson's Richfield Blacktop to amend the 1994 Conditional Use Permit was submitted in September of 1996; and WHEREAS, Johnson's Richfield Blacktop has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and subject to the terms and conditions hereof, a Conditional Use Permit amending and replacing the 1994 Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for outdoor storage of vehicles and landscaping materials within the confines of a "General Business" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 5, Block 3, Letendre Addition No. 2 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: Additional Conditions: 1. This Conditional Use Permit shall become effective upon the recording of said permit and Council resolution with the Dakota County Recorder and documentation of said recording provided to the City within 60 days of Council action. 2. The applicant shall submit a landscape plan for the berm area north of the site and the area along Highway 13. The applicant shall obtain a permit by May 15, 1997, from MnDOT to install the proposed landscaping within the Highway 13 right-of-way, and if MnDOT does not grant such a permit, 44 the applicant shall develop and submit an alternative plan for landscaping the west side of the property for staff review and approval. The approved landscape plan shall be implemented by September 30, 1997. 3. The applicant shall properly maintain all paved areas, curbing and premises. 4. Storage of landscape materials shall be permitted on the northeast portion of the site. The applicant shall provide concrete bins to contain and screen the landscape materials storage area, provided the applicant be permitted to have only the amount of bins originally approved in 1994 (ten bins), keeping those closest to the highway. 5. Outdoor storage of vehicles is permitted for dump trucks, pickup trucks, .sod trucks, trailers and other vehicles and equipment not exceeding a total of 20 items and provided they are confined within the paved area of the lot located east of the principal building, and east of a line extending south from the southeast corner of the principal building to the edge of the pavement. This storage area shall be identified on the property by a painted line on the pavement. 6. The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council if any erosion problems exist. 7. Outside display shall be solely permitted and only within an area immediately west of and adjacent to the building. The display area shall extend no more than six feet west of the building and shall not interfere with pedestrian and vehicular flow through the site. Items to be displayed within this area may include products sold and distributed on the premises; sod shall be displayed on racks. 8. The applicants shall provide a suitable enclosure for the outside display area as defined in condition #7 above to physically delineate the display area. 9. The applicants shall provide a site plan reflecting the various uses on the property as approved in this Conditional Use Permit. 10. The hours of operation for the loading and unloading of materials stored in bins shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. 11. The applicant shall provide and install landscaping/screening as approved by City staff to buffer the Miller and Green residences to the east. The 4-7 landscaping shall be installed by June 15, 1997, unless the Millers and/or the Greens waive the requirement. IN WITNESS WHEREOF, 1 have hereunto set my hand this 11th day of April 1997. CITY OF EAGAN A Minnesota Municipal Corporation By: Pam Dudzia Planner STATE OF MINNESOTA) :ss COUNTY OF DAKOTA) On this 11th day of April 1997, before me a Notary Public within and for said County, personally appeared Pam Dudziak, to me personally known, who being by me duly sworn, did say that she is the Planner of the City of Eagan, the municipality named in the foregoing instrument, and said Planner acknowledged said instrument to be the free act and deed of said municipality. MARILYN L WUCHEP,P'EMIG L• ,i(t%i7 /~~~LiZG~~ ~~~r : t - NOTA9YPUBLIC-MINNESOTA ! DAKOTA COUNTY N taryblic My Cammisslon Expires Jan280 I hereby verify that the above said Conditional Use Permit was recorded at the County Recorder's Office on 11997. BY: ITS: johnsr-5. ame gab City of all Mike Maguire MAYOR February 14, 2008 Paul Bakken Mr. and Mrs. Tim Hilde Peggy Carlson Heritage Investments Inc. Cyndee Fields 5655 Town Hall Drive Meg Tilley Loretto, MN 55357 COUNCIL MEMBERS RE: Conditional Use Permit: 3206 Sibley Memorial Hwy. Thomas Hedges Notice of City Council Meeting CITY ADMINISTRATOR Dear Mr. and Mrs. Hilde, This serves as notice that the Eagan City Council will be considering a Resolution regarding the Conditional Use Permit for the above referenced property, specifically the CUP for the outdoor storage of concrete bins use. The Resolution will determine the abandonment of the outdoor storage of concrete bins use and thus, the termination of the MUNICIPAL CENTER CUP pursuant to the City Code. The City Council will consider this Resolution at its 3830 Pilot Knob Road Monday, March 3, 2008 meeting at 6:30 p.m. at the Eagan City Hall. igan, MN 55122-1810 651.675.5000 phone The conditional use of outdoor storage of concrete bins and landscape materials ceased 651.675.5012 fax on December 20, 2006. City Code Sec. 11.50 Subd.4.I. states "If the conditional use is 651.454.8535 TDD discontinued for six months, the conditional use permit shall be null and void". While your appearance at the Council meeting is not required, you may attend if you so desire. MAINTENANCE FACILITY 1501 Coachman Point Sincerely, Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax M ley 651.454.8535 TDD Code Enforcement Cc: Jet Black, 3206 Sibley Memorial Hwy., Eagan, MN 55121 rwv.cityofeagan.com Jon Hohenstein, Community Development Director THE LONE OAK TREE The symbol of strength and growth in our community. EXHIBIT B STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) AFFIDAVIT OF MARY GRANLEY Mary Granley, being first duly sworn upon oath, deposes and states as follows: 1. I am a Code Enforcement Officer employed by the City of Eagan, Minnesota. 2. On December 4, 1996, the City Council granted a Conditional Use Permit (hereinafter "CUP"), for the property located at 3206 Sibley Memorial Highway, in the City of Eagan, County of Dakota, State of Minnesota, legally described as: Lot 5, Block 3, Letendre Addiiion No. 2, according to the duly recorded plat thereof. Following the issuance of the CUP, the property was replatted and is now legally described as: Lot 9, Block 1, Letendre Addition No. 3, according to the duly recorded plat thereof (hereinafter the "Property"). 3. The CUP provided for outdoor storage of vehicles, as well as outdoor storage of concrete bins on the Property, subject to conditions set forth in the CUP. A copy of the CUP is attached hereto as Exhibit "A". 4. The CUP required that only landscaping materials be contained within, and screened by, the concrete bins. On November 30, 2006, I inspected the Property and observed no landscaping materials. Furthermore, I observed that the concrete bins were in the process of being removed from the Property. I again inspected the Property on December 20, 2006, and I observed no landscaping materials or concrete bins on the Property at that time. On April 24, 2007, I again inspected the Property and observed no landscaping materials or concrete bins on the Property. On September 11, 2007, I inspected the Property and observed no landscape materials or concrete bins on the Property. 5. The City Code of the City of Eagan Section 11.50, Subd. 4(I) provides in part, "If the conditional use is discontinued for six months, the conditional use permit shall be null and void." The facts set forth herein indicate that the outdoor storage of landscaping materials and concrete bins on the Property has been discontinued and remained discontinued for a period of six consecutive months or more. 6. On February 14, 2008, I sent notice to the Property Owner advising that the City Council will consider a Resolution declaring the abandonment of the outdoor storage of the landscaping materials and concrete bins use. A copy of the notice is attached hereto as Exhibit "B". 6 Further your affiant sayeth not. Dated: ~ C~1, L~OUg ary ran Subscribed and sw to before me this ,-~rday of i (ti. , 2008. !D ` JULIE A- STR EqMyCt=AW PUMX - MINNESOTA 0 , Not Public ammisabnExphesJan.31,2010 , lM55C,37 EXTRACT OF MINUTES OF THE CITY COUNCIL OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA P, regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road in said City on December 4, 1996 at 7:00 p.m. The following members were present: Egan, Wachter, Awada, Hunter, and Masin; the following were absent: none. f Avrada introduced tine following resolution and moved its adoption: CITY OF EAGAN Resolution approving an Amendment to the 1994 Conditional Use Permit allowing Johnson's Richfield Blacktop storage of vehicles and concrete storage bins for the property described on Exhibit A attached hereto, and attaching conditions thereto WHEREAS, pursuant to Minnesota Statutes 462.367 the City of Eagan has adopted zoning regulations to control land uses and performance standards throughout the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that a Conditional Use Permit is hereby approved subject to the conditions as set forth in the Conditional Use Permit attached hereto as Exhibit A and incorporated herein by reference. DATED this 4th day of December 1996. CITY OF EAGAN (Sea!) JB E. J. VanOverbeke its ity Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Hunter and upon vote being taken thereon, the following voted in favor. Egan, Wachter, Awada, Hunter, and Masin; and the following voted against the same: none. I ~XH I BIT A STATE OF MINNESOTA) : ss COUNTY OF DAKOTA ) On this 4th day of December 1996, before me a Notary Public within and for said County, personally appeared E.J. VanOverbeke to me personally known, who being by me duly sworn, did say that he is the City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said City Clerk acknowledged said instrument to be the free act and deed of said municipality. MARILYN L. WUCHERPFENNIG NOTARY PUBLIC-MINNESOTA DAKOTA COUNTY dbl c My Commission E~lres,fan 31, 2000 ~bli 7#Ntar~ This Document was drafted by: City of Eagan 3830 Pilot Knob Road Box 21199 Eagan, MN 55121 r o o ~ ffW" 5211 o t-- ac G? p D C: LIJ Q¢ m [9 0 W U C7 W 8 I~o ate.. a CC Q WC > ~ZZIt eo ~4d zn = U W z v- *"J- W J OQ~ 8=0 om( w O O 00°wv OZ = cL O rN W z (1) Q Q ff0CC Q UUj uJ U U ` 0 o -2, LL S3 EXHIBIT A CITY OF EAGAN CONDITIONAL USE PERMIT AMENDMENT WHEREAS, a Conditional Use Permit was issued to Johnson's Richfield Sod and Blacktop in 1994 for outdoor storage of trucks and landscape materials; and WHEREAS, a request by Johnson's Richfield Blacktop to amend the 1994 Conditional Use Permit was submitted in September of 1996; and WHEREAS, Johnson's Richfield Blacktop has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and subject to the terms and conditions hereof, a Conditional Use Permit amending and replacing the 1994 Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for outdoor storage of vehicles and landscaping materials within the confines of a "General Business" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 5, Block 3, Letendre Addition No. 2 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: Additional Conditions: 1. This Conditional Use Permit shall become effective upon the recording of said permit and Council resolution with the Dakota County Recorder and documentation of said recording provided to the City within 60 days of Council action. 2. The applicant shall submit a landscape plan for the berm area north of the site and the area along Highway 13. The applicant shall obtain a permit by May 15, 1997, from MnDOT to install the proposed landscaping within the Highway 13 right-of-way, and if MnDOT does not grant such a permit, S the applicant shall develop and submit an alternative plan for landscaping the west side of the property for staff review and approval. The approved landscape plan shall be implemented by September 30, 1997. 3. The applicant shall properly maintain all paved areas, curbing and premises. 4. Storage of landscape materials shall be permitted on the northeast portion of the site. The applicant shall provide concrete bins to contain and screen the landscape materials storage area, provided the applicant be permitted to have only the amount of bins originally approved in 1994 (ten bins), keeping those closest to the highway. 5. Outdoor storage of vehicles is permitted for dump trucks, pickup trucks, .sod trucks, trailers and other vehicles and equipment not exceeding a total of 20 items and provided they are confined within the paved area of the lot located east of the principal building, and east of a line extending south from the southeast corner of the principal building to the edge of the pavement. This storage area shall be identified on the property by a painted line on the pavement. 6. The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council if any erosion problems exist. 7. Outside display shall be solely permitted and only within an area immediately west of and adjacent to the building. The display area shall extend no more than six feet west of the building and shall not interfere with pedestrian and vehicular flow through the site. Items to be displayed within this area may include products sold and distributed on the premises; sod shall be displayed on racks. 8. The applicants shall provide a suitable enclosure for the outside display area as defined in condition #7 above to physically delineate the display area. 9. The applicants shall provide a site plan reflecting the various uses on the property as approved in this Conditional Use Permit. 10. The hours of operation for the loading and unloading of materials stored in bins shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. 11. The applicant shall provide and install landscaping/screening as approved by City staff to buffer the Miller and Green residences to the east. The 5-S landscaping shall be installed by June 15, 1997, unless the Millers and/or the Greens waive the requirement. IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April 1997. CITY OF EAGAN A Minnesota Municipal Corporation By: Pam Dudzia Planner STATE OF MINNESOTA) :ss COUNTY OF DAKOTA) On this 1 1th day of April 1997, before me a Notary Public within and for said County, personally appeared Pam Dudziak, to me personally known, Who being by me duly sworn, did say that she is the Planner of the City of Eagan, the municipality named in the foregoing instrument, and said Planner acknowledged said instrument to be the free act and deed of said municipality. MARILYN L WUCNERPrE~lNIG tt': NOTARY PUBUC-MINNESOTA ~ N tary ~blic DAKOTA COUNTY • kly Commission Expires hi.. 31, 20M I hereby verify that the above said Conditional Use Permit was recorded at the County Recorder's Office on 11997. BY: ITS: johnsr-5. ame sc~ • of Mike Maguire MAYOR February 14, 2008 Paul Bakken Mr. and Mrs. Tim Hilde Peggy Carlson Heritage Investments Inc. Cyndee Fields 5655 Town Hall Drive Meg Tilley Loretto, MN 55357 COUNCIL MEMBERS RE: Conditional Use Permit: 3206 Sibley Memorial Hwy. Thomas Hedges Notice of City Council Meeting CITY ADMINISTRATOR Dear Mr. and Mrs. Hilde, This serves as notice that the Eagan City Council will be considering a Resolution regarding the Conditional Use Permit for the above referenced property, specifically the CUP for the outdoor storage of concrete bins use. The Resolution will determine the abandonment of the outdoor storage of concrete bins use and thus, the termination of the MUNICIPAL CENTER CUP pursuant to the City Code. The City Council will consider this Resolution at its 30 Pilot Knob Road Monday, March 3, 2008 meeting at 6:30 p.m. at the Eagan City Hall. an, MN 55122-1810 51.675.5000 phone The conditional use of outdoor storage of concrete bins and landscape materials ceased 651.675.5012 fax on December 20, 2006. City Code Sec. 11.50 Subd.4.I. states "If the conditional use is 651.454.8535 TDD discontinued for six months, the conditional use permit shall be null and void". While your appearance at the Council meeting is not required, you may attend if you so desire. AINTENANCE FACILITY 31 Coachman Point Sincerely, Eagan, MN 55122 51.675.5300 phone 1~ 651.675.5360 fax M ley 651.454.8535 TDD Code Enforcement Cc: Jet Black, 3206 Sibley Memorial Hwy., Eagan, MN 55121 v.cityofeagan.com Jon Hohenstein, Community Development Director rHE LONE OAK TREE The symbol of trength and growth in our community. EXHIBIT B S'7 Agenda Information Memo March 3, 2008 Eagan City Council Meeting N. CONTRACT 08-02, LONE OAK LIFT STATION ACTION TO BE CONSIDERED: Authorize the preparation of plans and specifications by Bolton & Menk, Inc. for Contract 08-02 (Lone Oak Lift Station - Sanitary Sewer). FACTS: • The replacement of the sanitary sewer lift station was authorized with the approval of the Sanitary Sewer Facilities and Operations portion of the 2008-2012 Capital Improvement Program (CIP) and 2008 operating budget. • The proposed improvements include the complete replacement of the existing lift station structure with a new precast structure, including pumps and control panel, in a new location near the existing structure. The new location will allow the existing station to facilitate operations during construction, as well as address constructability issues created with the expansion of the County highway since the original station's construction. • Based on this CIP schedule, it would be appropriate for the City Council to authorize the preparation of plans and specifications by the consulting engineering firm of Bolton & Menk for the construction of these proposed improvements. • Plans and specifications will be presented to the City Council upon design completion for approval and authorization of an advertisement for bids. ATTACHMENTS: • Location Map, page S~ 494 m O J~ Y CORPORATE CENT FR O J OP h~ m Q" PROJECT LOCATION Z a c~ _ a w LONE OAK ROAD m J 7O m ~ O z 4CJ Y i i- 0 ell Lone Oak Lift Station . City of Eap Location Map - Proj. 892. 2-28-08 Engineering Department Agenda Information Memo March 3, 2008 Eagan City Council Meeting 0. CONTRACT 08-03, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-03 (Citywide Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, April 8, 2008. FACTS: • Contract 08-03 provides for the street improvements of o Safari Estates Addition (City Project 955) o Briar Hill 1st/ 2nd/4 th Additions (Project 956) o Blackhawk Oaks Addition (Riverton Avenue - Project 957) o Towerview Road (West of Pilot Knob Road - Project 958) o Eden Addition (Project 959) o Brittany 8th - 10th Additions (Project 960) o Bur Oak Hills Additions (Project 961) o Lexington Pointe Parkway/ Daniel Drive (Project 968) all as outlined and discussed in the respective feasibility reports for each project. • On December 18, 2007, the City Council held public hearings for Projects 955, 956, 957, 958 & 959. The Council approved the projects and authorized preparation of detailed plans and specifications for the 2008 construction season. • On January 15, 2008, the City Council held public hearings for Projects 960 and 961. The Council approved the projects and authorized preparation of detailed plans and specifications for 2008 construction. • On February 19, 2008, the City Council held public hearings for Project 968. After testimony from residents regarding traffic concerns and pedestrian safety on Daniel Drive, the Council approved the project as presented and authorized preparation of detailed plans and specifications for 2008 construction, with a concurrent traffic- calming study on Daniel Drive. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Information Memo March 3, 2008 Eagan City Council Meeting P CONTRACT 08-07, LEXINGTON & SAFARI WATER RESERVOIRS ACTION TO BE CONSIDERED: Authorize the preparation of plans and specifications by SEH, Inc. for Contract 08-07 (Lexington & Safari Water Reservoirs - Repainting). FACTS: • The repainting and refurbishment of the Lexington/Diffley & Safari Water Reservoir Tanks were identified for rehabilitation and repainting in the "Water System Operation and Facilities" portion of the City's 5 yr CIP and programmed for 2008. It was subsequently included in the 2008 Utility Enterprise Operating Budget approved by Council on December 18, 2007. • In 2006, all 6 water reservoirs were thoroughly inspected inside and out and all corrective and preventative maintenance needs were identified. These needs were then evaluated and prioritized in relation to health/safety demands and life cycle efficiencies and programmed accordingly in the City's Capital Improvement Plan (CIP). The proposed improvements include the complete interior and exterior coating removal and replacement for the Lexington/Diffley tank and exterior spot coating repairs for the Safari tank. Both reservoirs will receive various structural repairs at this time as well. • Due to the lead time required for notification to lessees to temporarily relocate all existing attached antennae facilities, combined with prime painting weather and peak usage conflicts, it is necessary to program the Lexington/Diffley reservoir work for late summer `08 and the Safari reservoir for early spring '09. They are being combined under one contract for the economies of scale and planning benefits. • Plans and specifications will be presented to the City Council upon design completion for approval and authorization of an advertisement for bids. ISSUES: • On the Safari Reservoir, the old City logo will be replaced with the current updated design as part of the repainting. The logo at this location not only identifies our community to the thousands of daily commuters on I-35 E, but it also helps to buffer the visual impact of the numerous antennae facilities located on this structure. • The Lexington/Diffley Reservoir currently does not have a logo painted on its surface due to its lower profile and location in a City Park setting. If the Council would like to see a logo installed on this tank, a directive to include it in the plans and specs would be in order. ATTACHMENTS: 0 Location Map, page 100. Lexington and Safari Reservoirs i j Lone a.., Rd i / HbyY 55 i Yankee Doodle Rd ' % -IF C-D / D 'c i Wescott Rd Al~ A l i a Lexington Reservoir L--DiffleyRd L' y i liff Rd I ' j i Safari Reservoir I i i - c~-~ - - r - - - - - - . Water Reservoir ® Water Treatment Plant N W E Map Date: February 29, 2008 S 49blO City of EajBn 0 1,500 3,000 6,000 Created by: City of Eagan. Dept. of Public Works GIS Feet L:\USERS\PUBWORKS\Projects\Utilities\Misc\SafariLex-sitemap.mxd 4~(-~ Agenda Memo March 3, 2008 Eagan City Council Meeting Q. OAK HILLS CHURCH 2"d ADDITION (LOTS 2 & 3, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage & utility easements on Lots 2 & 3, Block 1, Oak Hills Church 2" d Addition. FACTS: • On May 16, 2005, City staff received a petition from Paul Danielson, representative of Oak Hills Church, requesting the vacation of a portion of the existing drainage and utility easement on Oak Hills Church Addition, southeast of the intersection of Yankee Doodle Road and Coachman Road to accommodate the subdivision of the property. The vacation of the easement was requested to provide adequate buildable areas for two proposed single-family lots on Coachman Road (Oak Hills Church 2nd Addition). • Drainage & utility easements were originally dedicated over Pond CP-1 (as designated in the City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to provide for flood storage for large runoff events. The request vacates the excess easement area beyond 3 feet above the calculated 1% rainfall event pond level over Pond CP-1 in the southwest corner of the property. • On July 5, 2005, the City Council held a public hearing for the vacation. Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No comments or objections to the proposed vacation were received. The Council then continued consideration of the vacation to be concurrent with the Final Subdivision of the property. • On May 15, 2007, the City Council approved the Oak Hills Church 2„d Addition Final Subdivision, but Council action on the vacation of the easement was inadvertently omitted from consideration at that time. There have been no changes in the storm drainage system design in the interim that would raise any new issues at this time. • The request for easement vacation within the newly created lots of Oak Hills 2" d Addition, to allow for development previously approved by the City Council, has been reviewed by the Engineering Division and found to be in order for favorable consideration by the Council at this time. ATTACHMENTS: • Location Map, page. • Graphic/Legal Description, page . (~3 3 c3 LONE OAK ROAD Q O M 0 Y o 0 a a PROPOSED VACATION 0 v YANKEE DOODLE ROAD .r J Y 0 w -E O SILVER BELL RD. d a x Y U 5 m DEERWOOD DRIVE Lot 1, Block 1, Oak Hills Church 5/18/05 Proposed Easement Vacation Location City of Eagan Legal Description for Pi's I Vacation of Drainage & Utility Easement: The west 103.00 feet of Lots 2 & 3, Block 1, Oak Hills Church 2nd Addition except for those portions of Lots 2 & 3 which contain drainage and / or utility easements as dedicated on the plat of Oak Hills Church 2nd Addition. ~O OO DRAINAGE & Q~ UTILITY EASEMENT zbr N j LOT 1 ~J V < ry v BLOCK 1 Z Q~ Q O LOT 2 U Q O DRAINAGE & U UTILITY EASEMENT LOT 3 103' PROPOSED EASEMENT #3470 VACATION AREA G:Wac tions\0akHi11sChumh2nd 491~ Lots 2 & 3, Block 1, Oak Hills Church 2nd Add. City of Eap 2/27/08 Engineering Department ~gDrainage & Utility Easement Vacation - Location Map Agenda Memo March 3, 2008 CONSENT AGENDA: R. Tree Maintenance Contract License for Precision Landscape and Tree, Inc. ACTION TO BE CONSIDERED: Approve Tree Maintenance Contract License for Precision Landscape and Tree, Inc. FACTS: • Precision Landscape and Tree has applied for a Tree Maintenance Contract for 2008. • All requirements of the application have been met and the fee has been paid. • Staff deems the application in order for approval. ATTACHMENTS: None. The application is available for review in the Administration Department. Agenda Memo March 3, 2008 CONSENT AGENDA: S. Premise Permit for Burnsville Hockey to conduct a charitable gambling operation at LaFonda de Los Lobos, 3665 Sibley Memorial Highway ACTION TO BE CONSIDERED: Approve Premise Permit for Burnsville Hockey Club to conduct a charitable gambling operation at LaFonda de Los Lobos, 3665 Sibley Memorial Highway FACTS: • The Burnsville Hockey Club has applied with the Minnesota Gambling Control Board for a premise permit at LaFonda de Los Lobos to conduct a pull-tab operation. • The club conducted a pull-tab operation at Time-Out Restaurant for a short time in 2007, however that operation has now been taken over by CLIMB Theatres. • The Police Department conducted a background investigation and sees no reason to deny the application. ISSUES • The Mendota Heights Athletic Association currently has a premise permit for LaFonda's. State Statute does not restrict the number of charitable organizations that can operate in one establishment provided the city has no limitations. • The City Code does not address the number of premise permits that are allowed in one establishment, therefore this is a policy issue for the Council. • This item should be pulled from the Consent Agenda should there be any concerns or the desire for discussion. ATTACHMENTS: • The proposed resolution is attached as page LR. • The application is available for review in the Administration Department. 607 RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR BURNSVILLE HOCKEY CLUB ON LAFONDA DE LOS LOBOS PROPERTY WHEREAS, the Burnsville Hockey Club has applied for a Gambling Control Board Premise Permit for LaFonda de Los Lobos, 3665 Sibley Memorial Highway; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Burnsville Hockey Club application for a premise permit at the LaFonda de Los Lobos, 3665 Sibley Memorial Highway. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion By: Seconded By: Those In Favor: Those Against: Date: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of March, 2008. Maria Petersen, City Clerk 622 Agenda Information Memo March 3, 2008 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 967, WESCOTT ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: 1) Approve OR Deny Project 967 Wescott Road (Street Improvements) 2) Approve the plans and specifications for Contract 08-04 (Citywide Street Improvements including OR deleting Project 967) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 10, 2008. FACTS FOR PROJECT 967: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past eighteen years, the City has rehabilitated approximately 96 miles of local streets. • The resurfacing of Wescott Road, from Lexington Avenue to Highway 149, has been programmed for 2008 in the City's 5-Year Capital Improvement Program. • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of these streets in western Eagan. • On February 4, 2008, the feasibility report for Project 967 was presented to the City Council and a Public Hearing was scheduled for March 3 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on February 28 for the adjacent property owners and representatives to discuss the proposed improvements. Of the 13 total properties (4 single-family, 4 single-family underdeveloped, I public facility, and 4 commercial/ industrial) proposed to be assessed under this improvement, no one attended the informational meeting (see attached meeting minutes). • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. FACTS FOR CONTRACT 08-04: • Contract 08-04 provides for the street improvements of. o Cedar Grove No. I & 2 Additions (Street & Utilities - City Project 953) o Glory Drive/ Cedar Ridge Circle (Project 954) o Cliff Drive (Project 962) o Nicols Road/ Nancy Circle (Project 963) o Elrene Road (Wescott Rd to Yankee Doodle Rd - Project 965) o Federal Drive (Yankee Doodel Rd to Washington Dr - Project 966) o Wescott Road (Lexington Ave. to TH 149 with sidewalk improvements from Dodd Road to TH 149 - City Project 967) all as outlined and discussed in the respective feasibility reports for each project. (P 9 Wescott Road (Continued) • On December 18, 2007, the City Council held public hearings for Projects 953 & 954. The Council approved the projects and authorized preparation of detailed plans and specifications for the 2008 construction season. • On January 15, 2008, the City Council held a public hearing for Projects 962. The Council approved the project and authorized preparation of detailed plans and specifications for 2008 construction. • On February 19, 2008, the City Council held public hearings for Projects 963, 964, 965, and 966. The Council approved the projects and authorized preparation of detailed plans and specifications for 2008 construction. • On March 3, 2008 will hold the public hearing for Project 967 - Wescott Road. If the project is approved, the Council will also authorize preparation of detailed plans and specifications for 2008 construction. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. If Project 967 is not approved, or is modified by the City Council, the plans and specifications will be modified accordingly. ATTACHMENTS: • 02- Feasibility Report, page through I City of Ea an Report for Wescott Road (Lexington Avenue to TH-149) Street Revitalization City Project No. 967 February, 2008 A y Wescott Road ~1 41100 City of Eapn February 28, 2008 Mike Maguire MAYOR Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Paul Bakken Eagan, MN 55122 Peggy Carlson Cyndee Fields Re: Wescott (Lexington to TH149) Meg Tilley Street Revitalization COUNCIL MEMBERS City Project No. 967 Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Wescott - Street Revitalization, City Project No. 967. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. MUNICIPAL CENTER Sincerely, 3830 Pilot Knob Road aj, ✓ r`P Eagan, MN 55122-1810 JA n P. Gorder 651.675.5000 phone Assistant City Engineer 651.675.5012 fax 651.454.8535 TDD I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of MAINTENANCE FACILITY Minnesota. 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone John P. Gorder 651.675.5360 fax Date: 2' 28-c~t~ Reg. No. 22813 651.454.8535 TDD Reviewed By: www.cityofeagan.COM U ~4~-- ept. of Publi orks Date: Z - Review 'y THE LONE OAK TREE Finance Dept. , Date: The symbol of strength and growth in our community. Wescott Road -~01'~ TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................1 Scope 2 Feasibility and Recommendations ..............................................................................3 Street Evaluation 3 Proposed Improvements ..........................................................................................4 Easements/Permits 6 Cost Estimate 6 Assessments 7 Public Facility 8 Commercial/Industrial 8 Low Density Residential - Underdeveloped ...........................................................................9 Low Density Residential .........................................................................................................9 Assessment Financing Options 9 Revenue Source 10 Project Schedule ....................................................................................................11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2A, B, C, D Street Improvement/Assessment Area Maps - 3 Typical Section - Overlay Wescott Road --73 February 2008 Wescott Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The two miles of 52-foot wide Wescott Road, from Lexington Ave. to TH149, are identified for the 2008 overlay improvements. Figure 1, located in Appendix C, illustrates the project location. This section of Wescott Road was constructed in 1987. Based on the data and engineering/ best management practices available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying this roadway within the project area, which is presently in the 20 - 25 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that various sections of Wescott Road were seal coated in 1997. An alternative road sealing method, termed Liquid Road, was applied in 2000 when the lane configuration was changed from 4 lanes to its current 3-lane design. Wescott Road q1 The Public Works maintenance program typically includes extensive patching and crack sealing during the summer two years prior to the overlay. During the past few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas, placed leveling, and maintenance overlays on portions of the street under consideration. These repairs alone will not substantially extend the life expectancy of the street pavement if not combined with the proposed bituminous overlay proposed with this project. (See example photo) Example of City Street Pavement Preparatory Maintenance Area The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project will provide resurfacing (edge mill and overlay) for approximately 2 miles of roadway. Figure 1, located in Appendix C, illustrates the project limits. Wescott Road 5- 2 Included in this project is the replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, pedestrian ramps and sidewalk. Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride ability, and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of this street. This project is feasible in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2008 - 2012) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with other similar projects in the area. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 I Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 j Reconstruct j Wescott Road 3 The 2007 PCI ranking for Wescott Road has a pavement condition rating of 58 which falls in the lower rankings of the "Routine Maintenance/Crack Seal/Seal Coat" category mostly because of the preparatory maintenance performed by City crews, as mentioned above. The PCI ratings are just above the "Patch/Repair and/or Overlay" category. The street pavement has reached an age and accommodates a high volume of traffic where, based on the City's past experience, the integrity of the pavement can rapidly decline if no improvements are performed. Therefore, the 2008 construction season is the optimal time to construct the bituminous overlay on these streets. The project can be delayed until the PCI ratings fall further into the "Patch/ Repair and/or Overlay" category, however, if it is delayed, the structural benefit to the pavement may be reduced. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section for the collector street consists of 4.5" bituminous pavement supported by 10" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/2-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for collector streets. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 5% of the existing concrete curb and gutter will have to be - replaced. Boulevard sod will be removed and Wescott Road . 4 replaced by a new 2' wide roll adjacent to residential property or seeded with turf grass in areas away from residential properties, behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent property owners are encouraged to consistently water the new sod to help ensure its growth. Signage/ Pavement Markings - All traffic control and street identification signage within the project limits will be replaced due to their diminished reflectivity, deteriorated support posts, and because the signs or posts no longer meet City and State standards. The existing three-lane design pavement markings for Wescott Road will be re-installed under this project. This design has been successful in reducing excessive vehicle speeds and conflicts with left-turning vehicles. Sidewalk/ Path Pedestrian Ramps - The Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for the installation of 37 truncated dome pedestrian ramps on the bituminous trails and concrete sidewalks within the project area. The existing bituminous trail along the south side of Wescott Road was overlayed by City crews in 2004, and is not in need of any repairs. Portions of cracked or broken concrete sidewalk along the north side of Wescott Road will be removed and replaced under this project. Wescott Road ~i? 5 New Concrete Sidewalk - New 6- foot wide concrete sidewalk is proposed to be constructed under - • this project along the north side of • Wescott Road, from Dodd Road to Highway 149, within existing right-of-way. This construction will also include a pedestrian railroad crossing at the CP Rail line near Highway 149. This sidewalk will provide for safe pedestrian and vehicle movement along Wescott Road to the new trail along TH 149. Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. Wescott Road is a municipal state aid collector route, and therefore, Minnesota Department of Transportation State Aid plan approval of construction plans will be required. A permit from CP Railway will be necessary for the proposed pedestrian crossing for the proposed concrete sidewalk. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2008 construction costs and include a 5% contingency and indirect costs of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Wescott Road • Edge Mill and Overlay ...........................................$450,830 • Repair Existing Concrete Curb & Gutter ................$198,720 • Concrete Sidewalk ....................................................$55,640 Total $ 705,190 Wescott Road 6 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for collector streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3)* 50% 50% • Public Facility 75% 25% • Commercial/Industrial 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Concrete Sidewalk 0% 100% *A 32/52 street width ratio is used to calculate the assessment for low-density properties on collector streets. *A 44/52 street width ratio is used to calculate the assessment for public facility properties on collector streets. Q Wescott Road U0 Public Facility The public facility property (Woodlands School) having direct access on to Wescott Road is proposed to be assessed, based on the amount of front footage adjacent to the street within the project area. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for these properties. The estimated cost per front foot to be assessed based on the City Assessment Policy is $14.27/ Front Foot and is calculated as follows: 1) % Public Facility = 862 F.F. / 20,200(total F.F.) = 4.3% 2) [$450,830(Mill & Overlay Cost) x 75% x (44/52) x 4.3%] _ $12,300 [Total Public Facility Assessment] 3) $12,300 (Total Public Facility Assessment) 4 $14.27/ F.F. 862 Public Facility F.F. Commercial and Industrial Lots All commercial and industrial lots, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 100% of the mill and overlay costs are assessable for collector streets, regardless of width. The estimated cost per commercial/industrial foot to be assessed based on the City Assessment Policy is $22.30/Front Foot and is calculated as follows: 1) % Commercial/Industrial = 2,769 F.F. / 20,200 (total F.F.) = 13.7% 2) [$450,830 (Mill & Overlay Cost) x 100% x 13.7%] =$61,760 (Total Commercial/ Industrial Assessment) 3) $61,760 (Commercial/Industrial Assessment) 4 $22.30/F.F. 2,769 Commercial/Industrial F.F Wescott Road goI 8 Low Density Residential Lots (R1, 2, 3) Underdeveloped All single-family underdeveloped residential properties (4 total), having access onto Wescott Road to be improved are proposed to be assessed, based on the amount of front footage adjacent to Wescott. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential front foot equivalent to be assessed based on the City Assessment Policy is $6.88 per front foot and is calculated as follows: 1) Total Frontage - Underdeveloped Low Density Residential = 1,031 F.F./ 20,200 (total F.F.) = 5.1% 2) $450,830 (Mill & Overlay Cost) x 50% x 32/52 x 5.1% = $7,080 [Total Assmt.] 3) $7,080 (Total Assessment) $ 6.88/ F.F. 1,029 Und. LD Residential F.F. Low Density Residential Lots (RI, 2, 3) All single-family residential properties (4 total), having access on to Wescott Road to be improved are proposed to be assessed, based on the amount of front footage adjacent to Wescott. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-l, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $833 per Lot and is calculated as follows: Total Frontage - Single Family Residential = 478 F.F./ 20,200 (total F.F.) = 2.4% $450,830 (Mill & Overlay Cost) x 50% x 32/52 x 2.4% = $3,330 [Total Res. Assmt] $3,330 (Total Assessment) 4 $ 833/ Per Lot 4 Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is Wescott Road 9 included with the property tax statement, the assessment will be spread over ten years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule is an example of a $10,000 assessment with an estimated 6.0% interest for the assessed amounts: - Principal Interest Cost Per Year Per Year Per Year First Year $1,000 $600 $1,600 Tenth Year $1,000 $60 $1,060 Single Family Residential Lot = $833 Principal Interest Cost Per Year Per Year Per Year First Year $ 167 $ 50 $ 217 Fifth Year $ 167 $ 10 $ 177 Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $450,830 $84,470 $366,360 Repair Existing Curb $198,720 -0- $198,720 Concrete Sidewalk $55,640 -0- $55,640 Totals $705,190 $84,470 $ 620,720 The City's Major Street Fund will finance the estimated project deficit of $620,720 (88% of total). Wescott Road A13 10 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing February 4, 2008 Neighborhood Meeting February 28, 2008 Public Hearing March 3, 2008 Approve Plans and Specifications March 3, 2008 Award Contract April 15, 2008 Project Completion ................................................................................August, 2008 Final Cost Report September, 2008 Final Assessment Hearing Fall, 2008 First Payment Due with Property Tax Statement May 15, 2009 Wescott Road 11 Appendix A -Street Overlay - City Project No. 967 Preliminary Cost Estimate Wescott Road 1. Bituminous Street Overlay Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,500.00 $2,500 Mill Bituminous Pavement S.Y. 13,500 $1.20 $16,200 Type 2350/ 60 Leveling Course Ton 300 $45.00 $13,500 Type 2350/ 60 Wear Course Mixture Ton 5,300 $45.00 $238,500 Bituminous Material for Tack Coat Gal. 2,900 $2.00 $5,800 Manhole w/ Casting Each 1 $1,500.00 $1,500 Adjust Water Valve Box - Riser Adjustment Each 13 $175.00 $2,280 Adjust Fraine & Ring Casting (Manhole) Each 24 $400.00 $9,600 Crosswalk Marking S.F. 280 $5.00 $1,400 24" White Stop Bar (Epoxy) L.F. 120 $8.00 $960 4" Double Yellow Striping L.F. 3,400 $0.50 $1,700 12" Solid Yellow L.F. 885 $6.50 $5,750 4" Solid Yellow L.F. 12,000 $0.25 $3,000 4" White Striping L.F. 20,200 $0.25 $5,050 Pavement MSG. Marking (Arrow) Each 24 $150.00 $3,600 MH Riser Installation Each 6 $140.00 $840 Replace Traffic & Street Signs L.S. 1 $15,800.00 $15,800 Repair GV Top Section w/ cover (SP 100) Each 1 $300.00 $300 Traffic Control L.S. 1 $2,000.00 $2,000 Subtotal $330,280 +5% Contingencies $16,510 Subtotal $346,790 + 30% Indirect Costs $104,040 TOTAL- STREET $450,830 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty. Price Cost Remove Concrete Curb and Gutter L.F. 1,500 $5.00 $7,500 B618 Concrete Valley Gutter L.F. 1,500 $21.00 $31,500 Remove Concrete Valley Gutter S.Y. 10 $20.00 $200 O~ 7" Concrete Valley Gutter S.Y. 10 $50.00 $500 Adjust Frame & Ring Casting (C.B.) Each 35 $300.00 $10,500 Sod w/ Compost S.Y. 400 $12.00 $4,800 Bituminous Driveway Patching S.Y. 100 $24.00 $2,400 Bituminous Path Patching S.Y. 330 $26.00 $8,580 Concrete Sidewalk R & R S.F. 3,000 $10.00 $30,000 Bituminous Street Patching Ton 50 $90.00 $4,500 Remove & Replace C.B. Structure w/ Casting Each 2 $2,500.00 $5,000 Inlet Protection Each 6 $250.00 $1,500 Catch Basin Casting Each 9 $400.00 $3,600 Truncated Dome Detectable Warning Paver (2x2) S.F. 450 $40.00 $20,000 4" Concrete Ped. Ramp w/ Wet Cast for Truncated Dome Inset S.F. 3,000 $5.00 $15,000 Subtotal $145,580 +5% Contingencies $7,280 Subtotal $152,860 + 30% Indirect Costs $45,860 TOTAL- CURB $198,720 III. Wescott Road Sidewalk Est. Unit Est. Item Unit Qty. Price Cost Common Excavation C.Y. 120 $12.00 $1,440 6" Aggregate Base, Cl. 5 (100% Crushed) Ton 120 $20.00 $2,400 4" Concrete Walk S.F. 3,000 $5.00 $15,000 Seed and 4" Compost S.Y. 500 $8.00 $4,000 Railroad Crossing Each 1 $18,000 $18,000 Subtotal $40,800 +5% Contingencies $2,000 Subtotal $42,800 + 30% Indirect Costs $12,840 TOTAL- SIDEWALK $55,640 Total Project Cost $705,190 2 Appendix B - City Project No. 967 Preliminary Assessment Roll Wescott Road Address P.I.N. Lot Assessment Total Equiv. Assessment Low Density Residential 692 Wescott Road 10-14996-010-06 1 $833 $833 700 Wescott Road 10-14996-020-06 1 $833 $833 708 Wescott Road 10-14996-030-06 1 $833 $833 871 Wescott Road 10-01400-021-82 1 $833 $833 Sub-Total 4 $3,330 Low Res. Underdevelop F.F. Rate/ F.F. 1025 Wescott Road 10-01400-050-53 336' $6.88 $2,310 1055 Wescott Road 10-01400-041-53 331' $6.88 $2,280 1085 Wescott Road 10-01400-030-53 105' $6.88 $720 875 Wescott Road 10-01400-010-82 259' $6.88 $1,780 Sub-Total 1,031' $7,080 Public Facility F.F. Rate/ F.F. Wescott School Addition 10-83620-010-01 862' $14.27 $12,300 Commercial/ Industrial 3775 Highway 149 (Thomson) 10-83801-010-01 2,216 $22.30 $49,420 No Address (Gopher) 10-01300-010-78 78 $22.30 $1,740 No Address (Thomson) 10-83805-010-01 425 $22.30 $9,480 3800 Dodd Road (Gopher) 10-02400-010-01 50 $22.30 $1,120 Sub-Total 2,769 $61,760 TOTAL $84,470 Q NO' SS rti ss Y ~ LONE OAK ROAD TRUNK HV~y _ No 55 ~ ~ RDtUNG 1 ti \ y~<<9 DR. YANKEE DOODLE ROAD j A O Q Q m ~GZ m Z O Z Z W p w ° w Project Location WESCOTT ROAD * _r-c~j 11Y HALL ALL _ QO ~O L 00 _ 00 Nvr(. 3 ~J DIFFLEY ROAD 07 'ro'ect do Controct Information\0967\Feasibilit Report\Location Plon 11/19/07 cott Road ( Lexington Ave. to T.H. 149 ) * City of Ea n eighborhood Street Revitalization Fig. 1 Engineering Department Location Map - Project 967 L o NORTH 1085 1025 f o " = 200. 1 OI m 0 1055 ' i z . 1093 i W 1095_ I-- I ' W O f J 105 f.f. m 331 f.f. _ _ 336 f.f. 771 w - N WESCOTT ROAD > = wa r ..w w w w w w w w w w w w w w . w w w r Z 3810 ; i ! I'J C J Z J ! - - " ' - _ BRIAR CREEK ROAD f TT: F I O cn Q O f Z Ca N _ to W LL O ~ Z ~ o O TL-- 7,-1" _ .._W U'! U) www ~ w wwww wwwwww wwwww ww wwwrww .wwwe . ,Cy c•) WESCOTT ROAD' w w ~ w w w w w w ~ w w w w w w w w w w w STONY POINT RD. HYLAND C Z - G:Project & Contract Info\0967\Fesibility Report\FIG_2A 1-08-08 City of Eap e Neighborhood Street Revitalization Fig. 2A Engineering pProject 967 - Assessment Area --3.~:r--=~.~......~-----Ir •y LEGEND 1 . . ASSESSMENT AREA - STREET IMPROVEMENTS 1 1 _ 1 PEDESTRIAN RAMP 1 ISD 196 1 w/ TRUNCATED DOMES 1 NORTH WESCOTT SCHOOL ADDITION I- _ ow -l Q r- - 1 1" = 200' 1 \ 1 945 871[ 1 --Ix 1 Viz, 1 1 875 - 1 1 °I 1 U)l 862 f.f. 259 ff. 135 ff. •--cow=-_--...___ , WESCOTT ROAD - - - - - - N ; !Lu Y Y , r O Ii C'' ~ u. Q J ,J / LINDEN C SOUTH ri - T ' RCL HILCS J - ~ i z Z E Q! o J ' I O p x: U oI WESCOTT ROAD I ~ i mI O , I .1m7 1 HIDDEN ._._~1EADOW TR N I I ~O - 4) Gam? G:Project & Contract Info\0967\Fesibility Report\FIG-2B 1-08-08 Wescott Road ( Lexington Ave. to T.H. 149 ) City of Eno Neighborhood Street Revitalization Fig. 2B Engineering Department Project 967 -Assessment Area A_ I I L LEGEND . ASSESSMENT AREA - ~ STREET IMPROVEMENTS O PEDESTRIAN RAMP w/ TRUNCATED DOMES Spur c > NORTH l? HILLS CT % - - 1" = 200' D ~H HILLS / 0 o ZI co J WN J -J J i fn W . WESCOTT ROAD ci) W o UJ L : u.. Q O ii SAODC~ - - i 3775 i _ C) WEST PUBLISHING 2nd ADD. - - 3775 O O - LL) 0 n WESCOTT ROAD - Q. - - - 137 ff. 103 f.f _ 103 f.f. o 4r/ 0 O - 00 0 692 > 04 708 Q . 700J i~ - i" G:Project & Contract Info\0967\Fesibility Report\FIG-2C 1-09-08 Wescott Road ( Lexington Ave. to T.H. 149 ) City of Eapn Neighborhood Street Revitalization Fig. 2C Engineering Department & Project 967 - Assessment Area 't II i 3775 - NORTH WEST PUBLISHING 2nd Ap~ ' 3775 20~' - - 2,216 U. TOTAL WEST PUBLISHING 6th ADD. 425 ff. 845 ff. ,WESCOTT ROAD 0 I ~ T ~iU I ~ I I i I 5' ~A WEST PUBLISHING 2nd ADD. PROPOSED 6' CONCRETE WALK I ~ 2,216 ff. TOTAL I 1,370 f.f. k. 010-78 WESCOTT `ROAD i -----~MOM 3800 01 O ' I. p! - , - LEGEND l _ ~ I 1 /'~i - . . - ASSESSMENT AREA STREET IMPROVEMENTS PEDESTRIAN RAMP /4 \ O w/TRUNCATED DOMES G:Project & Contract Info\0963\Fesibility Repo rt\FIG_2AA 9-11-07 Wescott Road ( Lexington Ave. to T.H. 149 ) Of ~~nil Neighborhood Street Revitalization Fig. 2D City Engineering Department c~ Project 967 -Assessment Area 80' ROW - 100' ROW 36'-44' (F-F) 4" BITUMINOUS SURFACE EX. B618 8" CL. 5 AGGREGATE BASE CURB & GUTTER Existing Typical Section 80' ROW - 100' ROW 36'-44' F-F EDGE MILL, (6'-8' wid) Typ. 11/2' TYPE 2350/60 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 4" BITUMINOUS SURFACE 8" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed Typical Section :Prof and Contract Info\ 967 \typical sections 1-08-08 r,--Wescott Road ( Lexington Ave. to T.H. 149 ) Clt~ Of E~~1~Il Fig. 3 Engineering Department Typical Sections - Project 967 Agenda Information Memo March 3, 2008, Eagan City Council Meeting VI. OLD BUSINESS A. VARIANCE - DAVID MARSH (1374 BERRY RIDGE ROAD) ACTIONS TO BE CONSIDERED: To approve a Variance of 7.3 feet to the required 30-foot front yard setback to construct an addition to the existing single-family home at 1374 Berry Ridge Road in the SW 1/4 of Section 22. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ In January the City Council approved a front yard setback Variance of 5 feet to allow construction of an addition to the house. The amount of Variance requested was based on the property survey from the original house construction. ➢ In preparation for the building permit, a new survey was prepared which shows the actual setback of the proposed addition is 22.7 feet rather than the anticipated 25 feet, resulting in a Variance of 7.3 feet rather than the 5 feet that was approved in January. )0- Thus, this Variance request is before the Council again, modified to fully accommodate the proposed addition. ➢ The hardship information and evaluation in the original staff report remains the same, and the report is attached for your reference. The new survey is also attached for your reference. ➢ If approved, the same conditions listed in the staff report should apply. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS (1): Planning Report on pagesry through a a. Certificate of Boundary Survey & Proposed Addition for: C. C. T. L1 TD. i / i Ch ~~3)'68 ~2 I 30 1 0 9. Ch 36., I t ` 60 07I 10 , I 0 0 I o I 1 co I ` \ E Driveway "q1 OOQ (L1J O1 w 1 b'. LOT)1~1>4r 1 rn M ► Garage I 1 tt~+ b z 10 Z ° t ao.s ~t5/ f 5 W o j Existing roposed f 0 1 6' wood House 0 1 Fence dditior 0? s .a p 71 i , Z L~LOCKN ~ _ 21.7 / 30 10 ( Deck Above I 15 - S 89'38'21 " E 108.50 - Corner Falls on Fence Post I Lot Area = 12,01 f sq. A • = Found Iron Pipe Monument Hse 8 GarArea = >,717sq, & O = Found PK Nail Property Description: Lot 4, Block 1, BERRY RIDGE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. /herebyCelt* that thisplan, speelflo-00 ~rlapolt RECEIVED FEB 0 7 20pg wasprepareo'byme orundermyoY>~sacFeiYl~sfon.,-r and that /am a dulyLAwnsedL, i ~Sur3%eydru j lei r•, _ PLANNING REPORT CITY OF EAGAN REPORT DATE: February 21, 2008 CASE: 16-CU-02-01-08 APPLICANT: McDonald Construction HEARING DATE: February 26, 2008 PROPERTY OWNER: Christopher Hastings APPLICATION DATE: .lanuary15, 2008 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1470 Englert Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for a residential lot in the ShoreIand Overlay District of Fish Lake, located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE'/a of Section 16. 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 hannonious 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. Ice Planning Report - 1470 E.nglert Road Febmary 26, 2008 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 41), 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. BACKGROUNDMISTORY The Waters Edge subdivision was platted in 2002. The property is zoned R-1 and is located in the Shoreland Overlay District of Fish Lake. A cash water quality dedication in lieu of on-site ponding was paid at the time of final plat. Following the initial application for a building permit, it appears there was a misunderstanding regarding the impervious coverage.. The builder was under the impression that impervious coverage could be averaged among all the lots in the subdivision. However, this is not a Planned Development and each lot is required to meet the limits on impervious area.. EXISTING CONDITIONS The 14,398 sq, ft. lot is vacant and was previously graded with initial development of this subdivision. Driveway access is provided from Englert Road. The souther (rear) portion of the lot contains several significant trees. A utility easement covers the southern 30' of the lot. The parcel is located in the shoreland overlay district associated with Fish Lake, a general development lake. The shoreland zoning restricts impervious surface coverage to 25%. The proposed construction exceeds that amount by 2.1%_ T7 Planning Report - 1470 EngIert Road February 26, 2008 Page 3 SURROUNDING USES The subject site is surrounded by single family residences to the west, south and east, that are zoned R-1, single family residential and guided LD, Low Density Residential. To the north is townhomes, zoned R-3, Residential Townhouse and guided MD, Medium Density. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by single family residences. The proposed construction of a single-family home is compatible with the surrounding area. Code Requirements - Eagan City Code 11.65 - Shoreland Overlay District) stipulates that impervious coverage must not exceed 25% of the lot within the shoreland overlay district. However, the Code does allow for an increase in the impervious area provided the City 1) has issued a Conditional Use Permit pennitting an increase in impervious coverage, 2) has approved and implemented a community-wide stormwater management plan affecting the subject site; and 3) required the necessary water quality mitigation features to meet non-degradation standards for phosphorous for the nearest downstream recreational waterbody. In addition, the general CUP standards listed at the beginning of this report are applicable to the evaluation of this request.. Impervious Surface - The allowable impervious surface for this lot is 3,600 feet (25% of 14,398 square feet). The proposed impervious area is 3,901 sq. ft., a ratio of 27.1% as compared to the lot area. The proposed excess impervious coverage amounts to 301 sq. ft. Impervious coverage includes the building coverage (2,853 sq. ft.) plus the driveway (936 sq. ft.), and sidewalk/ landing (112 sq ft.). Description of Proposal - The applicant proposes to construct a new single-family home on this lot. The initial plans were modified to reduce the size of the building and impervious coverage. The proposed building coverage ratio is now 19.8%, which complies with the R-I maximum of 20%. However, the proposed impervious coverage ratio is 27.1%, which exceeds the maximum permitted 25%. The applicant's narrative indicates they "do not have a way that makes its comfortable to get the additional 2.1%" reduction in impervious area. As a result, the applicant is requesting approval of a CUP and proposes to implement mitigative measures including penneable pavers, a rain garden, an underground irrigation tank/cistern, and soil ripping of the rear yard, which will retain stonnwater runoff on the site and allow for greater amounts of on-site infiltration. Storm Water Management/Water Ouality - The subject property is within the shoreland overlay district of Fish Lake (DNR #19-0057), classified as Ll - Direct Contact and ranked as the City's highest priority lake according to the Water Quality and Wetland Management Plan. In 2006, the Minnesota Pollution Control Agency listed Fish Lake as impaired because it does not meet standards for aquatic recreation due to excessive nutrients (i-e., phosphorus)- The 9~ Planning Report - 1470 Englert Road February 26, 2008 Page 4 development drains to west Fish Lake (Pond JP-3) via existing storm sewer.. A cash water quality dedication in lieu of ponding was paid for this development upon subdivision in 2002. Mitigative Measures - The 2.1% overage in impervious area is approximately 300 sq. ft. of this lot, which equates to a volume runoff for a 1" rainfall of approximately 25 cubic feet. The proposed soil ripping, irrigation tank and rain garden are estimated to reduce storm water runoff by approximately 300 cubic feet, more than compensating for the excess impervious area. Additionally, the applicant proposes permeable pavers for the sidewalk, offsetting the impervious area by 112 sq, ft. Soil Ripping - Soil ripping is a technique by which the surface soils are tilled or' "ripped" to reduce compaction and restore hydrology. One of the benefits of soil ripping is that it is a one-time occurrence, and does not require on-going maintenance. Due to the number of significant trees in the rear yard and that runoff from the rear yard is least likely to make its way to the storm sewer system, the benefits of this technique in this case are questionable. For these reasons, staff recommends this as an optional teclulique. If soil ripping is performed, the applicant should contact the City Forester prior to the wort: being done. Care should be taken to avoid ripping through existing root zones and to stay out of the critical root zones of trees, typically 1.5-foot radius per inch of tree trunk diameter. Additional information should be provided to the City at the time of building permit regarding restoration of the ripped site and how the surface will be finished and the necessary groundcover established. Irrigation Tank - The proposed underground irrigation cistern will capture runoff from virtually the entire building area (2,853 sq.. ft.). This tank is connected to an irrigation system that can be used for watering the lawn and gardens. Capturing and reusing rainwater for this purpose as an "off-grid" system may have the additional benefit of saving some utility costs by reducing this property's use of municipal water for irrigation purposes. Rain Garden - Much of the beneficial impact of the rain garden is dependent upon the soil preparation and construction of the garden. Rain gardens also require maintenance as the plants within them grow and sediments fill them in. Monitoring the long-term maintenance of a rain garden on private property to ensure its continued functionality could be a challenge. Permeable Paves s - The applicant is proposing the use of permeable pavers for the sidewalk. As with the rain garden, much depends on the preparation of the base and installation of the paver system. These measures should be installed according to the guidelines of the Minnesota Stonn Water, Manual, with the technical assistance of the Dakota County Soil and Water Conservation District. Because the impervious coverage will be pennanent, the rain garden, cistern and 99 Planning Report - 1470 Englert Road February 26, 2008 Page 5 pervious pavers need to be maintained to function properly for retention and infiltration of stormwater runoff. No additional impervious area may be added to this lot. Maintenance - Since the proposed mitigative measures will be located on private property and privately maintained, the City does not have assurances that these measures will be maintained and functioning in the long term Alternatively, if the applicant reduces the impervious surface to the required 25%, there are no assurances that additional impervious surface, separate fi-om any city permitted work, won't be placed on the properly. Minnesota DNR - Notice of the proposed CUP was sent to the DNR as required. The DNR commented that "in cases where hardship cannot be proven, we recommend reduction of impervious to the level stated in the City's Ordinance." Technologies like permeable pavers, raingardens and cisterns that are proposed here can be given credit "if they are properly designed, installed by professionals, and maintained.." The DNR recommends that these teclunologies comply with the Minnesota Stormwater Manual, and recommends "inspection during construction and periodic future inspection to ensure they function as designed." SUMMARY/CONCLUSION The applicant is proposing to construct a new house on a single-family lot within the Shoreland Overlay District of Fish Lake, at 1470 Englert Road in the SE ''/4 of Section 16. Shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The applicant is requesting approval of a Conditional Use Permit to allow 27,1% impervious coverage. The Conditional Use Permit is subject to the seven points listed in the Authority for Review section of this report, in addition to the three criteria specific to increased impervious area that are listed in the shoreland zoning ordinance. Fish Lake is identified as the City's highest priority lake and recently classified by the MPCA as an impaired water due to excessive phosphorous. The applicant is proposing to mitigate the impacts of the increased impervious surface by installing an underground irrigation cistern, performing soil ripping of the rear yard, installing a rain garden in the front yard and using pervious pavers for the sidewalk. These proposed mitigative measures will offset the proposed increase in impervious area. The soil ripping could cause damage to the several trees in the rear yard, and given the limited benefit it may provide, staff recommends this technique be optional. The pervious pavers, cistern and rain garden will need routine maintenance to ensure they continue to function as designed to retain and provide infiltration of stormwater. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to exceed the maximum 25% impervious coverage for a residential lot in the Shoreland Overlay District of Fish Lake, located at 1470 Englert Road, legally described as Lot 8, Block 1, Waters Edge, in the SE 1/4 of Section 16. If approved, the following conditions should apply: Rob Planning Report - 1470 EngIert Road February 26, 2008 Page 6 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. I The impervious surface of this lot cannot exceed 27.1%. 3. All mitigative measures - soil ripping, rain garden, underground irrigation tank, and pervious pavers - shall be installed according to the guidance of the Minnesota Stormwater Manual with technical assistance from the Dakota County Soil and Water Conservation District, and overseen and inspected by City staff at the time of installation.. 4. The underground irrigation tank shall be continually maintained to retain and reuse stormwater as designed. The tank cannot be removed or disconnected without City approval. 5. The rain garden and pervious pavers shall be continually maintained to retain and provide infiltration of stormwater as designed. 6. If soil ripping is performed, the applicant shall contact the City Forester at least 5 days prior to the work being done. Care shall be taken to avoid ripping through existing root zones and to stay out of the critical root zones of trees, typically 1 5-foot radius per inch of tree trunk diameter. Additional information shall be provided to the City at the time of building permit regarding restoration of the ripped site and how the surface will be finished and the necessary groundcover established. 6 f~ Eagan Botmdary Right-of-way Location Map Parcel Area Park Area Building Footprint I.V V Q o Q~w a p o Emb O r n a ~ dA tr 9 e DO~ e~ io . ° q n 6 d 64fl 4 0 n G c 0 0 0 ~ , Subject Site P o 8 ~ b O C~r Q O O Od fl d n C• p o fl0 O 6 p O~ 4 p q ~i ~ 0 r c t o ~ ~t q p P o~ ~ p o 0 0 o a c 6 a- 4~ 00 D ~ a 6 o n Q~ d ° $ o q o ~y 0~ D d~ 0 ~ a• 9 ~ t O n a q Q p ` J O - ~ 4 O d O a q O P € t3 a p 4 0 4 b q p d 0 a rs oo u 4Y a i o~ C1 Q; 4 00 0 .0 a d= 4 a 6 ° o o d o t p - q eaamrr r••• ~ Q Q n El 0 o A f D ~l 9 OD 4 fl a ~ 9 a A • 5J 00 °4 Q p, O D O~ a 9 a 0 D . p aaatSadaA ° , 4 - pq 4 C O P 4 ;d 4 . o ~d o 0 a V v p q pa D a Q O Q p O O~ o Q,7t}i~c~ ,p t r,aw,r •o ® ~v Qa Q CIO d o A 1000 0 1000 2000 Feel Development/Developer. 1470 Englert Road Application: Conditional Use Permit Case No.. 16-CU-02-01-08 THIS MAP IS INTENDED FOR REFERENCE USE ONLY ' ` t of Ea aIl ` The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S commuotty Devatopment Depanmeat not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan 1470 Englert Road Land Use Map Conditional Use Permit 16-CU-02-01-08 c5Zoning Map L r o u~ . ~ - PD MMrrrU ~ CSC PD PD Location PD t Current Zoning: B R_t Single-family Residential W M ® Rt P a 6 z z A o G P tC 0 Y n 9 D F pP too o w0 1,200 Fast 1 'JA SA Comprehensive Guide Plan HD Land Use Map o 1. 4 ZZ: SA S Location L Current Land Use Designation: L LD Low Density Residential d L D L 3 < n D i os 4 L P P QV r--- i m 400 o sae law Va., p N Pamal baso map Inf-tJon provided by Dakota County Land Survey Department De-ber 20M Zoning tnlorroatlon maintained by City Staff. W e City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S Coon {65 Rupids Office Mendota Heights Office 201 851h AVernz N. W. 242'1 MN 55433 Entctprise Drive engineering Coon Rapids,F x:783 Mendota Helglu , MN 55 120 PIA (763)7B3 1880 fax:787 1583 U 081 1914 FS[:G9!9485 QL ENGINEERS LAND PLANNGRS LAND SLRRVL'YOttS LANDSCAPE ARCHITECTS VH -Mendota Heights Office Certificate Survey for: MC-DOf+ LD -CONSTRUCTION 1 ADDRESS: ENGLERT ROAD, EAGAN. MN_-T - 8176 ODEt_ aet 1 . asG 1 x 5 00 25.56 -_L>3 6 5.00 1 ENGo3&26" 6609 860.5 eso ROAD ~_t010 O` ~ls ` 66A0 980.3 O 'gym act s * a59`S`31 BENCH MARK: 9621 TOP OF SPIKE 662.2 8611 ELEV -854 62 8525 ($59A) 1 y 8599 n 51 _ BENCH MARK: " so y TOP OF SPIKE o` i 4 S ID ELEV =861 32 ' `t PROPOSED I YNI' L 5 n ORIVEwAr •I( 9862 08 . 4 1 X 805.4 T 7~D t~by.d) L"~iTa 86205 a~~ 62.10) 1~ E f 3 as 4 7 a, / as3.9 3400 0 / 22 00 1200 f40l6611 a6z s tD 8 ri 'B62 ~ .7/ ~v 66Y.5 GF 1 IJUJ YI GARAGE ; 1~ t BG5.0 I p ; CJ fi- I10 I_ )h;A is ° i ROPOSED ai j Na w / HOUSE n 662.1 W i SIpAP IY ~ / 86~ 9 / 861.8 7 ,14.DO'fO/i0 28.00130 1 .p b 6_3_5 26.00 v 867 (>~1~ LL3 862 r deck O~0 B6QI)'Ep `l 055 861b 861a - M 3.s K l1 0 LLJ 86X 883/4 808 1'7' 0 F°`r~llenin~s ~d ls~6/,''Sl1rli~ll N OM P~c tin 17 s~ ~:zy i i P ~J b 0 Q CUMULATIVE IMPERVIOUS SURFACE u (COVERAGE FOR LOTS 1-7 AND 9: ' /1 _ 15 31,980/178,155=17 95% PER RENDER) HOUSE TYPE 51 Y _ COVERAGE FOR LOTS 1.2.3.4,5.6.7,8 l~ j AND 9: L SANITARY SEWER INVERT ' 35.894/178,155=2014: ELEVATION-UNAVAILABLE V ALLOWED=25% (PER RENDER) (PER PLAN DATA PROVIDED ° i-- e58.1LOT AREA 14,398 SO FT BY CITY OF EAGAN) a ass x as5.6 xFj ii x "o' _ x857 6 ^ asa t x HOUSE/GARAGE AREA =2.853 SO FT 8570 SIDE ALK/LANDING AREA =112 SO FT T t9TT~5~ DRIV~WAY AREA =936 SO FT W ~ ese a 656 5 BUILDING COVERAGE=19.8% uWesd1 asa.3 IMPERVIOUS SURFACE=27.17. ~ Z N89'43'35nE 85.01 BENCH MARK: W a TOP NUT HYDRANT ACROSS FROM L8 B1 o1„ ELEV =861 14 NOTE: ADD BRICK LEDGE As REOUIRCO HOUSE ELEVATIONS PROPOSFD)/ASBUILT NOTE, CRAOING PLAN BY REHOCR UST DATED WAS USED TO DETERMINE THE PROPOSED ELEVATIONS SHOWN ON IIOS CERTIFICATE LOWEST FLOOR ELEVATION 51 NOTE PROPOSED BUILDING DIMENSIONS SHOWN ARE FOR HORIZONTAL TOP OF FOUNDATION ELEV fi(H 6 Cj) LDER PRIOR LOCATION CONSTRRUCTIC STRUCTURES FOR ON THE APPROVE CONSTR CTION PLANS GARAGE SLAB ELEV 0 DOOR: 145-¢ NOTE NO SPECIFic SOILS vwsTIGAnoN HAS BEC14 PERFORMED ON THIS LOT TO F ELEV *LOOKOUT D BY THE SURVEYOR TIE SUTA8RITY OF SOILS TO SUPPCRT THE SPECIFIC HCUSE PROPOSED IS NOT THE RESPONSIBILITY OF THE SURVEYOR x 00000 DENOTES E)OSTWG ELEVATION NOTE: THIS CERTIFICATE OOES NOT PURPORT TO SHOW EASEMENTS OTHER ( 000.00 ) DENOTES PROPOSED ELEVATION MAN THOSE SHOWN ON THE RECORDED PLAT DENOTES ORAWACE AND UTILITY EASEMENT ND1L CCNTRACTOR MUST VERIFY DRIVEWAY DESIGN DENOTES DRANACE FLOW DIRECTION NOTE: BEARINGS SHOWN ARE BASED ON AH ASSUMED DATUM DENOTES SPIKE 000 00 DENOTES ELEVATION ON WE HEREBY CERTIFY TO MCDONALD CONSTRUCTION THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 8, BLOCK 1, WATERS EDGE DAKOTA COUNTY. MINNESOTA IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS EXCEPT AS SHOWI`I AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 5TH DAY OF NOVEMBER 2007. 11-12-07 S AR SIGNED: / ION ENGINEERING. P A 12_1 -07 CHAN NCUSE DIM. PER DENT SCALE 1 INCH = 30 FEET 1-14-08 CHAN UIM, P R CUEN BY: V , Peer I H`wkinson License No. 42299 4002 107205000 MTWx4 RECEIVED .'AN 16 2098 164 'S' Potential Volume Control Options for Chris Hastings 1.3 4 \ - M Stormwater Irrigation System 12-21-07 • 862.1 ~ ~ 1• T 4` Tank Size= 2500 Gallons O ~ 861.1 - Contributing Drainage = 2500 square feet of roof top 1- - o 51 Volume Reduction = 235 cubic feet 1 DRI E7 AY { 5 Estimated Cost = $9,000 (not including gutters and irrigation system) t x 862A i 4 t 7 r 9L4 •t?~ 8GT.7- tone 5. 6 J7 -.v Of61' 4., tlEl y Today It Pays to Save Your Rainwater I Lot Us Show You Now I PAC1:IGE 6: Plrmnnn Knn•nmaLla.Stttem t.:r paas.~sxs. rw,ra.,rr.;,,:,,aez r° ,.,m,.,. narr•_:,:...a..reor,..° v,•L61 y.R r,•fu•, O I C INCLUDES. ~ { ` 8rlercreeaTuk lutW tnl.. Estimated Costs Ir20U r s p 31,0 2.9 Tank = $2,800 tlwr»re. 4..nY•a,d.r t34y= ! t r- 8 dBck 10 0 a awoa .a `w- cema°ua a 00 ° I I „YWla,l lnd L"~~'""" u' Other Listed Equipment $2,640 (863.9 >i H, 1 ® Nt1.u.NU •s I&rr NOIL•,f.l°L h»Nau:aa 863.2 Estimated Installation = $31500 I I k~ilcS 853.4 tl60.8 O"rMr)JI ,slN•"e:imlr•! X 861.7 ,,\\ii~,••ri'' wsr°n °alw b>m saru•ma ri•.n I V'~'ll. I M•Yre"7 C7r>~T: wuluu,.°, X~►S•Y.•rU Clu•n►e•alnr { 8 I Cenn•eder CanB•rrden.._.. 15 SL------------~ o ,I_ oar o 859.2 p O x _ x 857.E _ 859.t K I Meer grad r.A.N7. t 5U Il Q ©(D - \H R•I•.n.r lla•.,n...r w.w.• I:eon•.:r r;,.r•~a, a. ta.d t•aeu ua ~.,tvaaol~ .,r,.r.•ur.,.•p.r.r... a Mikael Isensee, Urban Conservationist, Dakota County Soil and Water Conservation District, il... ta.ltul.w., 65 1-480-778 1 J~9~4110„ O~r~ . Potential Volume Control Options for Chris Hastings t659.4 B Raingarden 3 inches deep 12-14-07 18623 ~t 2 861.1 Total Area = Minimum 150 square feet 5 Contributing Drainage = Minimum 500 r~ 51 / _ i ( square feet v I / ~t'0 a PROPOSED 5 c Volume Reduction = 38 cubic feet ~t DRIVEWAY I t, x66:. Estimated Cost = $14.00 per sq foot 16.oe 406 801.9 . 6 f' `t x 1 7 ( 'vH .i i) 5627- 00 d,7 I 9 34•/-!1,` 22-00 g;,z.oo r~lp y Raingarden oi• 'GAR GE - I Calculations: wo 0,08333 306 42 z - - PROPOSED -"o I 1 rii = / j ; iri I ~ SlonsieMion r I v rl 'HOUSE o~ Sudocc Arii 41 1 150. t 7 ' o i 28.00361.~ ;Avp Su b~ p HO (g £Gt} pp ing St(d Nit ~'t 86. 140.00 / V'' B6i.0 f ^ . , P .S I}, . 1 EVE !±~a R '2.9 $~d~t' 1. ~t aWmr c;t "-'.v d . ~ . Yllorii .fi.i; .o .00 ( ,G'~%~~ $ deck too 8 0.25 38 I g 27a Soil Ripping Minimum 2 feet deep Soil Ripping and Amendment Calculations: (TR-55 Urban Hvdrology for Small Watersheds) Soil Amend Minimum 1" of Compost Existing RCN = 80 { Total Area= 7,000 square feet Post Treatment RCN = 75 Volume Reduction = 28.4 cubic feet 1" rain event pre-treatment runoff volume =.08/12 7,000 = 46.6 cubic feet Estimated Cost = $0.25 per sq foot 1" rain event post-treatment runoff volume = .0312*7,000 = 18.2 cubic feet Total reduction = 28.4 cubic feet ~,,,,rrs `'+nT Mikael Isensee, Urban Conservationist, Dakota County Soil and Water Conservation District, ati~, i :i.,i..:LIt_11If , 651-480-7781 y~ JEHVAf.ON C4 January 15, 2008 To: The City of Eagan Re: Conditional Use Permit for new home construction on Englert Rd. In October of 2006, we purchased a lot in Eagan on Englert Rd (Lot 8 Block 1, Waters Edge) from McDonald Construction. At the time, McDonald disclosed that the city of Eagan had a 25% impervious surface restriction. However, they had a deal with the city that the percentage was cumulative for their entire development, so we had some additional room if needed, due to the fact that the model at the end of the development had a lot of extra yard space. We proceeded to work for the last year with McDonald to design our dream house and in December we were all set to start construction, but the city denied our building permits because of the size of the house. We were told that the main house could not be more than 20% of the lot and no more than 25% for all impervious surfaces. The house was approximately 21% and the total impervious surfaces were approximately 29.5 The city personnel has changed hands since the last home was built in the development, and there is no written record of the cumulative agreement between the city and McDonald construction. We understand the regulations, and we want to do what we can to get our house built. We have removed square footage from the garage so that the house is now 19.8%, and we changed the driveway a bit to get us to 27.1 % However, we do not have a way that makes us comfortable to get the additional 2.1 I have spent some time with some people at the city and county, most notably Pam Dudziak and Eric Macbeth with the City of Eagan and Mike Isensee with Dakota County who have been very helpful. My understanding from them is that the regulation is all about rain water runoff and its effects on the sewer system and local lakes, and we need to handle some of the rain water. We therefore would like to meet our requirements by performing a Soil Ripping and Amendment procedure to mitigate the runoff (see attached plans). We understand the need to minimize the effect to the drainage and sewer systems and Mike Isensee at Dakota County Soil and Water Conservation performed an analysis for us. This process alone will reduce 28.4 cubic feet of runoff, which equates to roughly 800sq ft of impervious surface which gives us an equivalent total impervious surface of 21.5%. Additionally we will build a storm water irrigation system (see attached plans). This system will account for the runoff of virtually the entire house and garage. Although I believe that we have met our requirements with the soil ripping and amendment process, we like this concept and want to include it in this permit so that future buyers will be required to keep the system. Finally, we amended our plans to include pavers for the sidewalk. This will also reduce the impervious surface by 112 Sq ft. It is my sincere hope that this is enough so we can build our house on our lot in Eagan. I have been a resident of Eagan for 13 years and I love the city. Our only other alternative is to sell the lot and buy one elsewhere and we really do not want to do that. Thank you, hrist Lgs~ 'RE(VED JA i 6 2008 Agenda Information Memo March 3, 2008, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - CHASE REAL ESTATE HOLDINGS LLC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outside storage of semi trailers and business materials on property located at 2725 Hwy. 55, in the NW 1/a of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: ➢ The property is unplatted and contains a 70,000 square foot building which was constructed in 1959. A rail spur runs along the south side of the property. Hose Conveyors has occupied this site since 1981. ➢ The property is zoned I-1 (Limited Industrial) and outdoor storage is an allowed use in the I-1 district; via a CUP, however it must be conducted by an occupant of the principal building. ➢ Because the site was developed in the 1950s, it does not meet many of our current zoning standards and improvements will be required to comply with landscaping, screening, mechanical equipment screening and enclosure of trash. ➢ The property is located among a number of Hwy 55 properties within the Northeast Eagan Redevelopment District, which was created to remove substandard structures and encourage redevelopment and investment that would reinforce the area as one of the gateways to the community. In consideration of the presence of the district, the City has not been actively enforcing certain code deficiencies for a number of properties within the area, anticipating that they would be resolved if the properties were to be redeveloped. ➢ The property is in the portion of the TIF district in which no feasible redevelopment plan was submitted prior to the passing of the five year rule. In consideration of the other properties in the area that have redeveloped and been improved, staff has restarted its code enforcement in the area to improve the code compliance of the properties that did not redevelop to complement those that have. ➢ Code violations for outdoor storage, in particular, were found in at the Hose Conveyor and Cheney/Building Materials Outlet properties. Cheney/BMO requested and received an interim use permit for its property in 2007. Hose Conveyor is coming forward with its application at this time. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on February 26, 2008. l cR ➢ The APC recommended approval of the Conditional Use Permit, removing condition number six (it was determined the eastern perimeter fence is on the adjacent property) and providing clarification on changing the word "occupant" to "tenant" in condition number four. ISSUES: ➢ The applicant proposes to continue leasing land for storage of semi trailers, which has occurred on the site for roughly twenty years, as a revenue source. Storage for rent is not permitted in the I-1 zoning district. ➢ The APC suggested City Attorney Bauer draft language clarifying condition #4; he has provided the following: "Outdoor storage must be limited to items that are stored by the owner and lawful tenants that occupy at least 10% of the principal building." 60 DAY STATUS: March 15, 2008 ATTACHMENTS (2): Draft February 26, 2008 APC Min tes pages through. flL Staff report on pages through ~a~ Advisory Planning Commission February 26, 2008 Page 3 of 5 B. Hose Conveyor Applicant Name: Chase Real Estate Holdings LLC Location: 2725 Highway 55; SECTION 2 TWN 27 RANGE 23 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of tractor trailers and business related items. File Number: 02-CU-01-01-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated February 19, 2008. She noted the background and history and suggested that Condition No. 6 be deleted. Chair Hansen opened the public hearing. Applicant David Chase explained that the Conditional Use Permit is essential to their business and explained their needs as it relates to rental income generated by storage of items owned by customers and others which is prohibited in Condition No. 4. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez stated he understood the context of the applicant's request for rental income from trailer storage but stated the precedent would not be a good one. Similar discussion on that topic occurred. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Conditional Use Permit to allow outside storage of trailers and building materials upon a 6.5- acre site located at 2725 Hwy. 55 in the NW '/4 of Section 2 subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan received January 16, 2008 and the narrative received January 30, 2008. 4. Outdoor storage must be limited to items that are stored by essapaRts tenants of the principal building. 5. The applicant shall provide details to City staff to screen the outdoor storage areas from public right-of-way. 7. The applicant shall provide adequate screening from the public right-of-ways with a 100% opaque fence or landscape screening no later than September 30, 2008. 8. The applicant shall provide a Landscape Plan for the yards adjacent to Hwy. 55 and Lexington Avenue per current City Code requirements and the landscaping shall be installed no later than September 30, 2008. 9. The rooftop mechanical equipment must meet screening requirements per City Code no later than September 30, 2008. 1~~ Advisory Planning Commission February 26, 2008 Page 4 of 5 10. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than September 30, 2008. Member Keeley stated she did not have a big concern with the storage for rent but agreed that setting a precedent would not be good.. City Attorney Bob Bauer suggested, and the APC concurred, that the language for Condition No. 4 should be clarified prior to the City Council meeting to ensure that the language prohibits storage for rental income. A vote was taken. Aye: Chair Hansen and Members Filipi, Dugan, and Heaney. Nay: Members Chavez and Keeley. Motion carried: 5-2. cc~ PLANNING REPORT CITY OF EAGAN REPORT DATE: February 19, 2008 CASE: 02-CU-01-01-08 APPLICANT: Chase Real Estate Holdings LLC HEARING DATE: February 26, 2008 PROPERTY OWNER: David Chase APPLICATION DATE: January 16, 2008 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 2725 Hwy. 55 East COMPREHENSIVE PLAN: IND, Industrial ZONING: 1- 1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outside storage of trailers and business materials upon a 6..5-acre site located at 2795 Hwy. 55 in the NW %4 of Section 2. AUTHORITY FOR REVIEW Conditional Use Permit: 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 hannonious 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. l Planning Report - Chase Real Estate Holdings L.LC CUP February 26, 2008 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. In addition to the requirements for a conditional use permit listed above, City Code Section 11, 70, Subdivision 22, C, 2, lists perforrnance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited 'industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building:. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas.. Planning Report - Chase Real Estate Holdings LLC CUP February 26, 2008 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration . BACKGROUND/HISTORY The property is unplatted and contains a 70,000 sq.. I warehouse building which was constructed in 1959. The City granted approval of a Conditional Use Permit in 1988 for a pylon sign which included a variance for the overall square footage of the sign. In 2002 the City adopted a Tax Increment Financing District both north and south of this stretch of Hwy. 55, including this property. Much of the north side of Hwy. 55 has been developed with the Grand Oak and Spectrum business parks. Redevelopment on the south side of Hwy. 55 has not yet materialized. Without imminent redevelopment, the property should be brought into compliance with 1-1 zoning requirements. EXISTING CONDITIONS Access to the site is provided from Hwy. 55 to the north and Lexington Avenue to the west, Railroad tracks run along the south side of the property. There are currently several trailers and miscellaneous business related materials being stored outside on the property. The trailers are not related to the building occupants. This is not permitted in the I-1 zoning district. The items are stored on the west side of the building. Tile type and amount of items stored outside vary as Hose Conveyors works with a wide variety of entities. There is a chain link fence along the north, south and east boundaries of the site, as well as the paved portion of the outdoor storage area on the west side of the property. The fence appears to be down in the northeast portion of the property. The north easterly portion of the site is surfaced with concrete and the westerly portion of the site is surfaced with bituminous. The area lacks curb and gutter, parking spaces and driving aisles are not identified or delineated in any way - either with paint or curbing, medians or islands. Additionally, being that the site was developed in the late 1950's, the site is also deficient from current City Code requirements in regard to mechanical screening, enclosure of trash, landscaping and building materials. These items are individually addressed further in the report. Planning Report - Chase Real Estate Holdings LL C CUP February 26, 2008 Page 4 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Hwy. 55/Office BP, Business Park BP, Business Park West Lexington Ave./ Right-of-way Right-of-way Interstate 35E East Industrial I-1, Limited Industrial IND, Limited Industrial South Railroad industrial I-1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Description of Proposal - Hose Conveyors purchased the property in 1987 from the J.I. Case Company. According to the applicant's narrative, Hose Conveyors is a distributor of industrial hose, conveyors and components. They have hose, conveyor, manufacturing and machining divisions. The company also has walk in business which may include a small order or working on a large piece of equipment. Also, an engineering and manufacturing company, Packaging Automation Corporation, is a separate entity located within the building. Use of the property as a manufacturer, distributor and warehouse is permitted; however, the proposed outdoor storage requires a Conditional Use Permit (CUP). The applicant is requesting a CUP to maintain the existing outdoor storage, and is not seeking to expand the scope of the existing outdoor storage. In addition, while the business consists of manufacturing, distribution and warehousing, they offer outdoor storage of equipment and trailers for other businesses as an additional revenue stream; storage for rent is not a permitted use in the 1-1 zoning district.. Outdoor storage is only allowed for occupants of the principal building.. Compatibility with Surrounding Area - The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan - Three outdoor storage areas are proposed west of the existing building.. The applicant proposes to store wood pallets, excess metals, trash and recycling. containers adjacent to the west side of the building. A second storage area proposed for semi tractor/trailers is located on the wester perimeter of the storage area, where existing trailers are located. The applicant's narrative states a maximum of 20 trailers would be located on the site.. The third storage area is proposed to be between the trailers and the miscellaneous storage. This area is proposed for equipment parking that is new or being worked on for customers. An example of such equipment includes a large conveyor belt. The site plan does not identify parking stalls or drive aisles for the trailers or the equipment. There is employee parking in front of and to the west side of the building. There is landscaping in front of the building that is overgrown but appears to consist of evergreens and shrubs. There is also a Pylon sign in front of'the building near the landscaping. l~~ Planning Report - Chase Real Estate Holdings L LC CUP February 26, 2008 Page 5 Outdoor Storage - The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an. enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary, by the city In general business (GB) and community shopping center (CSC) ~onirng districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) 701ling disOcts, the enclosure nia.), be detached from the principal building. The applicant has proposed the storage area to be enclosed by the existing chain link fence but details have not been included. It appears that the fence is approximately six feet in height with two feet of barbed wire atop the chain link fence. The fence also appears to be down in the northeast corner of the site. The fence visible from the street should be 100% opaque to provide maximum screening. The northeast corner of the fence should be repaired or replaced to provide adequate security. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks, The storage of equipment, trailers and miscellaneous items are proposed within the side and rear yards of the property. 3. The outdoor storage area shall be screened from view from the public right-of-way and from anv adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1. The storage area is visible at points along Hwy 55 and 100% visible from Lexington Avenue. The applicant should provide a landscaping/screening plan to screen the view of the outdoor storage area from these public right-of-ways. 4. The storage area shall not interfere with any pedestriant o, vehicular nrovennemt. The area of the site west of the building is used only for storage and vehicular movement.. There is no pedestrian activity in this area. 5. The storage area shall not take up required parking spaces or landscaping areas. Little landscaping or other vegetation exists and no change is proposed.. Required parking areas are also located elsewhere on the site and according to the applicant they meet the needs of the business. 6. The storage area shall be stn faced with concrete or an approved equivalent to control dust and erosion. The sic) face shall be properly maintained to prevent deterioration. The applicant has stated the surfaces of the storage area consist of concrete and bituminous, which are approved materials per City Code. Setbacks - The City Code requires a 5-foot side and rear yard parking setback. Additionally, the City Code requires a 20-foot side and rear yard outdoor storage setback,. According to the submitted site plait and aerial photography, storage appears to be located in the 20-foot rear yard setback. 114 Planning Report - Chase Real Estate Holdings L•LC CUP February 26, 2003 Page G Mechanical Equipment - The mechanical equipment is located on the roof of the building.. City Code requires that all roof-mounted equipment shall not be visible from the ground level of any adjacent property or street that is of equal grade with the subject building. The applicant must provide screening of the mechanical equipment to meet City Code requirements. Trash Containers - The applicant has stated that the trash and recycling containers are proposed to be located adjacent to the west side of the building as noted on the plan, A site visit showed that the containers are adjacent to the building but not in an enclosure. The City Code requires containers to be located in an enclosure Landscaping - Landscaping is intended to screen parking/storage areas and to soften the appearance of a developed site. Current landscaping consists of overgrown evergreens and shrubs in front of the building. This is inadequate to meet screening, landscaping, green space, setback and yard requirements of the City Code as described above. Landscaping of perimeter yard setback areas, parking lot islands and for screening purposes should be established on the site. A detailed landscape plan prepared by a registered landscape architect should be submitted for review and approval by City staff. City Code also requires that all landscaped areas be served by automatic irrigation. Landscaping should be installed by September 1, 2008. Utilities - No new connections to the public water and sewer systems are proposed with this application. Access - Public street access is available from existing driveways onto Hwy. 55 to the north and Lexington Avenue to the west.. Si na e - There are two signs on the property, a building sign and a pylon sign. The applicant received approval of a CUP for the pylon sign which included a variance for the overall size in 1988. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outside storage of trailers and business materials upon a 6.5-acre site located at 2795 Hwy. 55 in the NW '/4 of Section 2. The proposed outside storage is already occurring on this site. The property is within a TIF redevelopment district, but redevelopment has not yet occurred, Without imminent redevelopment, the use ofthe property and improvements to the site should be brought into compliance with City Code standards. Because the site was developed in the late 1950s, it does not meet many of our current zoning standards. hnprovements should be required to comply with landscaping and screening requirements. The outdoor storage area contains a variety of business related items. The applicant has provided examples of items typically stored outside and those include, but are not limited to, wood pallets, excess metals, trash and recycling containers, semi tractors/trailers and customer equipment such as a conveyor belt. Trailer storage is identified to occur west of the building, in the current (~-T Planning Report - Chase Real Estate Holdings LL C CUP Febwary 26, 2008 Page 7 storage area, with up to 20 trailers, is currently leased space. The City Code does not allow outdoor storage for lease; only building tenants are allowed outdoor storage. The trailer storage and business materials storage areas need to be screened from Hwy.. 55 and Lexington Avenue. While screening is not required from other industrial properties, landscaping should be added within the yards to create a visual and physical separation between the site and public right-of--ways. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outside storage of trailers and building materials upon a 6.5-acre site located at 2725 Hwy. 55 in the NW V4 of Section 2, If approved, the following conditions shall apply: L This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan received January 16, 2008 and the narrative received January 30, 2008. 4 Outdoor storage shall be limited to items stored by occupants of the principal building- 5. The applicant shall provide details to City staff to screen the outdoor storage areas from public right-of-way. 6. The applicant shall repair and/or replace the northeast corner of the existing fence to provide adequate site security no later than September 30, 2008.. 7. The applicant shall provide adequate screening from the public right-of-ways with a 100% opaque fence or landscape screening no later than September 30, 2008. 8. The applicant shall provide a Landscape Plan for the yards adjacent to Hwy. 55 and Lexington Avenue per current City Code requirements and the landscaping shall be installed no later than September 30, 2008. 9. The rooftop mechanical equipment must meet screening requirements per City Code no later than September 30, 2008. 10. The applicant shall enclose the trash and recycling containers in an enclosure that meets City Code requirements no later than September 30, 2008.. 119 Eagan Boundary Right-of-way Park"Arena H Par Location Map QPar k roa Footprint a 1 ee~ i o L "J / / c m / O Q Subject Site [ a ( ~J ) e.aa.s. ao.u M1oNa Dolt pad ❑ 6 ~ nnC ~ 1000 0 100 2000 Feel Development/Developer: David Chase Application: Conditional Use Permit Case No.: 02-CU-01-01-08 N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are 5 - Communlty Development Dapartmant not responsible for errors or omisslons. em . Current Zoning and Comprehensive Guide Plan Hose Conveyor Conditional Use Permit Land Use Map 02-CU-01-01-08 Zoning Map ' ~ BP BP A }sy BP as Location O DP Current Zoning: BP I i I•i Limited Industrial P eP 1-1 s Y 1•i P 1.1 eoo a Soo 1200 ?.at ~i Comprehensive Guide Plan Land Use Map SA SA Location O SA SA ' Current Land Use Designation: IND IND D bNK~~ IND at Limited Industrial e IND 1141) ` s DP z P IND IND e 000 a eoo 1200 r..t N parcel b- map Intmmatlen provided by Dakota County Land dwmy Deperbnant Deember 2005. zoning Watadan malntallwd by City Staff, q W L ~j Y n Uf Ealan THIS MAP 15 INTENDED FOR REFERENCE USE ONLY 5 The City of Eagan and Dakota County do not guarantee the accuracy of this Information. n E s I, y 17 d Ye i ` All ii r a€ Y• t Y a, t yy ~ .X (c) Copyright 2006, Pictometry Intemational AERIAL E ~a / A p rn / rr / ~C T cI. s- -4 i~ . m -4 (v »m a, ' S' 1 n^1 m; / m m m CLo °a ~o '~`'oD Y 11 iM ~ c2 ti ~ . ~2Q3 ~a~ H } GTp > iy34 ¢S w lVfo ~`•1 / O~~ ~ ~ C~6` 1 Z n2 • +~~r~ I!¢•'I. ~4~ DUI NYC ' ~7a e v d b (o .L L e ~ 2 c® n2 D 'cam e s~vu 2 \ ' / r:CO rhQ ~ ~ . 0 I• 4 • rr a a _ / I E ~q p hTERLINE OF 10 F0 T WIDE `-RMANENT UTILITY EASEMENT" bo ~,'A 715.82 - EA5 T LINE OF THE - - 527.37 - - -~-~=Last vcE N 0°4615211 W EXISTING CHAIN LINK FENCE 4 0 N LINE WITH THE FENCE SITE PLA' RECEIVED JAN 16 2000 4 11 +1111x,' y t (f i't COA1301'2? t A •n t.i" ryy'~ i MOM O ql, • `1• . ~O Off I-N M ' 1\ cl.:~.1f yr ~ f !<q h -.Y_• 3~5""~' tt . M7:~ i } u. 4t..Tti, tom?.'x~, a•~Fj,.~R1 F^y;~k'y urn. 3 r [ ~1. S ~.i a. .~}'r~.+ 4. }eIS.w~ •lr'• a "t ~ ~t~-~'~ i l~'".t3'•Qia'~,.5 ~ 'i,'.~"r, _ f . ~ jv~ , ti a ' icy ' }i~ . t +'t u ~f mr~.-,. _ ,a~-t. y 7N S• C 4Y ` v'.s.Si fZ •}'l` r ~.'S [ rYt~~1r'(4'2~.Y+A :n. ti,- 'nN .:.5 ¢kz~~~~KK~~~w p ;t,~rei' r •su! a' FE+! f~q a +,tY ~ ~t}~.~:.,..,»• .'~i < F r c ..fit ~ • a 1111i,1r, 9 E NVI ! ~►nia~~G 4 ~k ~T i O ~o CO +'i'a ✓~M^~ w-5+~: r-°•~t r!!r~uf)~.Q~~ ~iT jam. 7~ 1 , a~ 1-28-08 PIN: 10-00200-010-31 RECEIVED JAN 3 0 2008 2725 South Highway 55 Eagan, MN 55121 Re: Conditional Use Permit Application The company was established in 1971 and moved to the Eagan location 1987. Prior ownership was the J.I. Case Company and was used as the regional distribution center for agricultural equipment and parts. Hose/Conveyors is a distributor of industrial hose and conveyors and components. The hose division warehouses hose, fittings and other related items. Hoses are cut to length and fittings are put on with specialized machinery.. The types of hose ranges from food grade, hydraulic to industrial chemical hose. The conveyor division specializes in industrial conveyor belting and components ranging from USDA food belt to heavy industrial belt used in mining operations. Customers range from residential to large industrial organizations. The City Desk or walk in business is a crucial part of the revenue stream, this may include a small order to working on a large piece of equipment. The manufacturing and machining division is complimented with a full machine, sheet metal, and welding shop with spray booth for painting.. Manufacturing ranges from small specialized custom equipment to large conveyor systems. We offer a repair service where specialized pieces of heavy equipment are brought to our facility for repair and service work. Many times this equipment is extremely large over 15ft in height and longer than standard road regulations allow. This requires a large area for maneuvering the semi trucks and their large oversized loads to bring equipment in, This is one of our advantageous over our competition is to have this ability to handle this equipment. This requires the ability to store equipment and trucks for a time frame for work to be accomplished. Additionally we offer the service to store equipment and trucks for an additional revenue stream which was all calculated in the cash flow for the purchase and operation of the facility. The ability to offer this was a major factor in purchasing our facility and we have been doing so since we moved in. Packaging Automation Corp is an engineering and manufacturing company providing automated conveying, robotic and packaging systems. The company designs, prototypes, builds, assembles/tests, and ships large sophisticated systems to industries through out North America. These systems will take several months from concept to completion and several truck loads to ship. The outdoor requirements are similar to the other company. Employment level is approximately 40 and will fluctuate with work load. To summarize the items to be stored outdoors. 1. Semi tractors/trailers approximately up to 20 in total. 2. Equipment new or being updated for customers. X Ian 3. Wood pallets 4, Excess metals used in the manufacturing process unable to store indoors. 5. Metal recycling, containers 2 each approximately 12ft x 5'-6" x 6ft in dimensions, needs to be located for easy access by trucks for loading and off loading. 6. Garbage/recycling containers 2 each approximately 6ft x 6ft x 4ft in dimension, needs to be located for easy access by trucks for loading and off loading.. All outdoor storage will have security fence surrounding the area. The storage surface will be either asphalt or concrete. Items 3 thru 6 above will be stored in corner furthest from Lexington Ave.. and Highway 55. Due to the large equipment coming in and out of the facility screening may not be viable. The equipment has to be able to maneuver around the parking lot, as well as considerations for snow removal.. In summary we have been conducting business activities in this fashion for 20 years at our facility and never have had a complaint on how we conduct our business and the outdoor storage. ~ ia~ Agenda Information Memo March 3, 2008 City Council Meeting III. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE Resolution for Participation in County Wide Greening Initiative ACTION TO BE CONSIDERED: To approve a resolution that approves the City of Eagan's participation in the County-wide Greening Initiative. FACTS: • On January 30, 2008, Dakota County cities joined together with the County to host the High Performance Partnership (HiPP) Sustainability Summit: Going Green Together. • As an outcome of the summit, each community is asked to approve the enclosed resolution to demonstrate their support of the HiPP's Greening initiative. • Committee workgroup meetings will kick off on March 26 to discuss community- oriented programs, development standards, government operations, and infrastructure. • It is the hope of the HiPP participants that the greening efforts will be an opportunity for the cities and county to work together in a unified approach to sustainability with consistent inputs and outputs, while also determining which areas cities are best equipped to address on their own. ATTACHMENTS: • Enclosed on pagesl,--?,)Dthrough ~ is the proposed resolution that approves the City's participation in the County-wide Greening Initiative. IC_Nq Resolution Approval of Participation in County-Wide Greening Initiative WHEREAS, Dakota County and its cities have been leaders in the development of collaborative efforts to increase efficiency, effectiveness, and responsiveness in providing safe and healthy communities; and WHEREAS, in 2004 a joint City-County Steering Committee was created to identify and implement intergovernmental collaboration through High Performance Partnerships (HiPP) actions and projects; and WHEREAS, Dakota County and its cities continue to recognize that opportunities for greater intergovernmental collaboration exist and deserve consideration; and WHEREAS, there is a consensus among the world's leading scientists that global warming caused by greenhouse gas emissions is among the most significant problems facing the world today; and WHEREAS, it is apparent that increasing greenhouse gases (GHGs) are changing the climate in ways that pose serious risks to Dakota County's health, economy, and environment; and WHEREAS, local governments have a unique role to play in reducing greenhouse gas emissions and preparing for the impacts of climate change through their local jurisdiction over policy areas such as air quality, land use planning, transportation, zoning, forest preservation, water conservation, and wastewater and solid waste management; and WHEREAS, many public entities in Dakota County are already implementing actions to reduce greenhouse gases; and WHEREAS, it is the HiPP Steering Committee's goal for Dakota County and its cities to reduce greenhouse gas emissions through collaborative efforts, creating communities in Dakota County where people can live, work, and recreate for generations to come; and WHEREAS, the economic arguments for implementing a countywide initiative are compelling, from the near-term economic gains of energy efficiency to the long-term climate stabilization that can prevent irreparable harm; and WHEREAS, in 2007 the HiPP Steering Committee recommended that the County and the cities participate in a countywide Greening Initiative to reduce greenhouse gas emissions; and WHEREAS, the Greening Initiative will prepare a framework for applying local and global initiatives as a collaborative project to improve the quality of life for all in Dakota County. NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan, in collaboration through the HiPP, will participate in the Greening Initiative; and BE IT FURTHER RESOLVED, that the following commitments will be made through the HiPP Greening Initiative: i. Adopt Greening Initiative policy in local comprehensive plans ii. Sign the U.S. Mayor's Climate Protection Agreement iii. Join ICLEI's (Local Governments for Sustainability) Cities for Climate Protection Campaign iv. Participate in creating a countywide greenhouse gas inventory v. Establish greenhouse gas reduction targets vi. Develop and implement a countywide action plan to reduce greenhouse gases vii. Develop and implement a City-specific action plan to reduce greenhouse gases viii. Provide leadership through public education, open dialogue, and partnerships 65 HiPP Greening Resolution March 3, 2008 Page 2 ADOPTED by the Council this P Day of March, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk 13( AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 3, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - PUBLIC HEARING to Consider the Sale or City Owned Property on Blue Gentian Road to McGough Development E. NEW BUSINESS F. OTHER BUSINESS G. RECESS to Executive Session to discuss the possible acquisition of the Oak Trust Credit Union building at 3880 Sibley Memorial Highway in the Cedar Grove Redevelopment district. 13~ Agenda Information Memo Eagan Economic Development Authority Meeting February 4, 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. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve Consent Agenda as presented or modified. 1. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 4, 2008 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the February 4, 2008 EDA meeting on pages 135 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 4, 2008 A meeting of the Eagan Economic Development Authority was held on Monday, February 4, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields and Commissioner Tilley. Commissioner Bakken was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein, Public Works Director Colbert and City Attorney Bauer. ADOPT AGENDA Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 CONSENT AGENDA President Maguire moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the January 15, 2008 EDA meeting. 2. It was recommended to schedule a Public Hearing for March 3, 2008 to consider the sale of City owned property in the Northeast Eagan Redevelopment District to MG Eagan LLC (McGough Development) for redevelopment purposes. OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT SETTLEMENT OF GRAND SLAM RELOCATION CLAIM Community Development Director Hohenstein discussed the proposed settlement of the Grand Slam relocation claim. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the Mediation Settlement Agreement and authorize the additional relocation payment of $180,000.00 to Southeast Entertainment Enterprises, Inc. (Grand Slam). Aye: 4 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT PHASE H ENVIRONMENTAL ANALYSIS FOR CORE AREA Community Development Director Hohenstein discussed the need to complete the Phase 11 Environmental Analysis for the Core Area of the Cedar Grove Redevelopment District. Commissioner Fields moved, Commissioner Carlson seconded a motion to authorize completion of the Phase II Environmental Analysis for the Core Area of the Cedar Grove Redevelopment District. Aye: 4 Nay: 0 NEW BUSINESS There were no New Business items. OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 7:30 p.m. Date Thomas Hedges, Executive Director X35 Agenda Memo Eagan Economic Development Authority Meeting March 3, 2008 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER SALE OF PROPERTY LOCATED ON BLUE GENTIAN CIRCLE TO MCGOUGH DEVELOPMENT ACTION TO BE CONSIDERED: To close the public hearing and approve (or deny) findings of fact, conclusions and resolution to sell city owned property located on Blue Gentian Circle to McGough Development (MG Eagan). FACTS: • As a part of the Northeast Eagan redevelopment activities, the City and McGough Development entered into a TIF development agreement on March 6, 2006 for the redevelopment of property on Blue Gentian Circle in the Northeast Eagan Redevelopment District. Under the terms of the agreement, McGough would undertake the acquisition and assembly of the redevelopment properties, with the understanding that if the developer exhausted good faith efforts to acquire any of the properties, it could request that the City acquire the properties, through the use of eminent domain, if necessary. • At the same time, McGough approached the City with such a request for five of the properties that the company was not able to acquire. As a part of its action regarding the March 6, 2006 Development Agreement, the EDA authorized the acquisition of the remaining properties. The City has since acquired the properties and relocated their residents. The properties are described as: 0 990 Blue Gentian Circle; PID#: 100020004026 0 1020 Blue Gentian Circle; PID#: 100020001026 0 1030 Blue Gentian Circle; PID 100020006032 and PID#: 100020005032 o PID#:100020003032 • McGough has submitted a development application for the project area that has been approved by the City Council. The project would assemble and replat the properties to permit construction of a 261,000 s.f. Class A office development. • In order to facilitate the implementation of the project, it is appropriate for the City to sell McGough the property it has acquired. • In order to sell publicly acquired property for private development or use, it is necessary to hold a public hearing to determine whether a public purpose exists for the sale and, if it does, to authorize the action to proceed. )3i~o • On February 4, 2008, the EDA scheduled the public hearing to be held on March 3 and appropriate notices have been published. • Under the development agreement, McGough is to purchase the properties for the City's costs of acquisition, which is $2,383,000 plus any additional cost that the eminent domain panel may award over the City's quick take deposit. The difference will be secured by a letter of credit from McGough. ATTACHMENTS: • Redevelopment District map on pageI • Map depicting lots to be sold on page 1 V • Resolutions on pageslq_ through Lf .5,-- • Purchase Agreement on pages 114 10 throgh 5 137 NE Redevelopment TIF District 2-4 r F GIs ~ n -ebe_Gentian -Road- Legend ICI i'i ~t ~rt'<• Parcel Line McGough Development Class~A Office water ~TIF Boundary Building l 11 Road/Pavement Edge . ~l Spectrum l ) Commerce Center Grand Oak \ Business Park DAVID A CHASE /CONVEYOR ING ` PACKAGING AUT6M AUTOMATION G/ \ ~NIRANJANDS1:KTI / BUDGET HOST MOTEL o % SS / ATLAS OF MINNESOTA INC I \ . DART WAREHOUSE J 11 J 1i JJ J I J Grand Oak Five 'Office/Retail CHENEY EAGAN BUILDING ULC / r\ BUILDING MATERIALS OUTLET VI I I I ' I I I ATLAS OF MINNESOTA INC/ • DART WAREHOUSE/UUNE I D 500 250 OFaet f I y ~ ~ Map date: February 27, 2008 F ® Subject Properties I ~ N 200 100 0 20 i / 100020004026 100020003032 0' u 100020001026 0f ' 100020006032 ~ Gran Busine 100020006032 ert~a~ B`Ve G o~ Spectrum Commerce Center Subject Properties for Sale Consideration CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO MG EAGAN, LLC FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT AND DESCRIBED AS 990 BLUE GENTIAN CIRCLE PID#: 100020004026; 1020 BLUE GENTIAN CIRCLE PID#: 100020001026; 1030 BLUE GENTIAN CIRCLE PID 100020006032 AND PID#: 100020005032; AND PID#: 100020003032 This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of March 3, 2008. The EDA received and considered public comment; input from City staff; the Purchase Agreement between the EDA and MG Eagan, LLC (the "Buyer"); together with all existing files, records and prior proceedings and material as presented to the EDA. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. On February 4, 2008, the EDA scheduled the public hearing to be held on March 3 to determine if the sale of the following properties are in the best interests of the City and the District and its people, and that the sale furthers its general plan of economic development: 990 Blue Gentian Circle; PID#: 100020004026; 1020 Blue Gentian Circle; PID#: 100020001026; 1030 Blue Gentian Circle; PID 100020006032 and PID#: 100020005032; and PID#: 100020003032 (the "Properties"). 2. Appropriate notices of the hearing have been published in accordance with applicable Minnesota Statutes. l4D 3. The sale of the Properties to MG Eagan, LLC is in the best interests of the City and the TIF District and its people, and that the sale furthers its general plan of economic development." RESOLUTION BE IT RESOLVED by the Eagan Economic Development Authority to approve the sale of real estate located at and described as 990 Blue Gentian Circle; PID#: 100020004026, 1020 Blue Gentian Circle; PID#: 100020001026, 1030 Blue Gentian Circle; PID 100020006032 and PID#: 100020005032, and PID#: 100020003032 in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 to MG Eagan LLC for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: Dated at Eagan, Minnesota this day of , 2008. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire Its: President By: Jon Hohenstein Its: Executive Director I~ 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 Authority in a regular meeting thereof assembled this 3rd day of March, 2008. Maria Petersen, City Clerk CITY OF EAGAN RESOLUTION APPROVING SALE OF CITY OWNED PROPERTY TO MG EAGAN, LLC FOR REDEVELOPMENT IN THE NORTHEAST EAGAN REDEVELOPMENT DISTRICT FOR PROPERTY LOCATED AT AND DESCRIBED AS 990 BLUE GENTIAN CIRCLE PID#: 100020004026; 1020 BLUE GENTIAN CIRCLE PID#: 100020001026; 1030 BLUE GENTIAN CIRCLE PID 100020006032 AND PID#: 100020005032; AND PID#: 100020003032 This matter came before the Eagan City Council (the "Council") at its meeting of March 3, 2008. The Council received and considered public comment; input from City staff, the Purchase Agreement between the EDA and MG Eagan, LLC (the "Buyer"); together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which were presented at the meeting, the Council makes the following Findings of Fact and Resolution. FINDINGS OF FACT 1. On February 4, 2008, the Council scheduled the public hearing to be held on March 3 to determine if the sale of the following properties are in the best interests of the City and the District and its people, and that the sale furthers its general plan of economic development: 990 Blue Gentian Circle; PID#: 100020004026; 1020 Blue Gentian Circle; PID#: 100020001026; 1030 Blue Gentian Circle; PID 100020006032 and PID#: 100020005032; and PID#: 100020003032 (the "Properties"). 2. Appropriate notices of the hearing have been published in accordance with applicable Minnesota Statutes. 14 3 3. The sale of the Properties to MG Eagan, LLC is in the best interests of the City and the TIF District and its people, and that the sale furthers its general plan of economic development." RESOLUTION BE IT RESOLVED by the Eagan City Council to approve the sale of real estate located at and described as 990 Blue Gentian Circle; PID#: 100020004026, 1020 Blue Gentian Circle; PID#: 100020001026, 1030 Blue Gentian Circle; PID 100020006032 and PID#: 100020005032, and PID#: 100020003032 in the Northeast Eagan Redevelopment Area Located in TIF District No. 2-4 to MG Eagan LLC for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: Dated at Eagan, Minnesota this day of 32008. EAGAN CITY COUNCIL By: Mike Maguire Its: Mayor By: Maria Petersen Its: City Clerk 144 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 Authority in a regular meeting thereof assembled this Yd day of March, 2008. Maria Petersen, City Clerk PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made this day of 2008, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter "Seller') and MG Eagan, LLC, a Minnesota limited liability company (hereinafter "Buyer") (collectively referred to as the "Parties"). WHEREAS, Seller is the owner of certain real estate (the "Property") located in Dakota County, Minnesota and legally described as follows: PIN: 10-00200-060-32 and 10-00200-050-32 All that part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 27, Range 23, formerly platted as Lots 1, 2 and the East 85 feet of Lot 3, Block 22, and all that part of Block 19, lying Southerly of the Blue Gentian Road in Kavenagh and Dawson's Suburban Acre Lots; except that part thereof that was conveyed to the State of Minnesota by the Warranty Deed dated November 22, 1965, recorded December 16, 1965 in the office of the Dakota County Recorder in Book 291 of Deeds, at page 418. PIN: 10-00200-010-26 Commencing at the Southwest corner of Lot Eight (8), Robert O'Neill Homestead addition in Section Two (2), Township Twenty Seven (27) North, Range Twenty- three (23) West, thence North along the 1/a 1/a line a distance of 1358.60 feet to the place of beginning; thence North 74 degrees 55 minutes East a distance of 303 feet; thence North 15 degrees 041/2 minutes West a distance of 349.15 feet to the centerline of the present traveled road, thence westward along the centerline of said road to the 1/a 1/a line, thence South, a distance of 352.63 feet to the place of beginning, containing 2 acres, more or less, and being a part of NE 1/a of NW 1/a Section 2, Township 27, Range 23. PIN: 10-00200-040-26 Commencing at the Southwest corner of Lot Eight (8) The Robert O'Neill Homestead Addition in Section Two (2), Township Twenty-Seven (27), N Range Twenty-Three (23) W., thence North along the 1/4-1/4 line, a distance of 1358.60 feet, thence North 74 degrees 55 1/2 minutes East, a distance of 559 feet to the place of beginning. Thence North 15 degrees 04 minutes west a distance of 337.04 feet to the centerline of the present traveled road, thence Eastward along the centerline of said road to a point on a line which is parallel to the West line of said tract and 256 feet distant therefrom, thence South 15 degrees 041/2minutes East a distance of 328.87 feet, thence South 74 degrees 551/2minutes West a distance of 256 feet to the place of beginning except the West 128 feet thereof containing one acre more or less according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for said County and State. 14(.P PIN: 10-00200-030-32 That part of the NW 1/a of the NW 1/a of Section 2, Township 27, Range 23, described as follows: Commencing at the Northeast Corner of the said NW 1/ of the NW 1/a; thence South 696 feet to the center of Blue Gentian Road (so called); thence South 68 degrees 30 minutes West along the center of said road 165 feet to the place of beginning; thence Southwesterly along the center of said Road 336 feet; thence North parallel to the East line of said NW 1/a of the NW 1/a 326 feet; thence North 68 degrees 30 minutes East 336 feet; thence South parallel to the East line of said NW 1/a of NW 1/a Three Hundred Twenty six feet to the point of beginning, Dakota County, Minnesota. Subject to easements, highway conveyances of record and any rights or interests in said property claimed by the State of Minnesota pursuant to a condemnation proceeding (State of Minnesota vs. Smisek, et al). WHEREAS, the Property is located within City of Eagan's Tax Increment Financing District No. 2-4; and WHEREAS, Buyer entered into a Development Agreement with Seller concerning the development of the Property and adjacent property; and WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purchase Price. A. Purchase Price for the Property. The purchase price for the Property shall be $2,383,000.00. B. Additional Purchase Expense Obligations of Buyer. In addition to the purchase price in paragraph (A) above, Buyer must also provide a letter of credit at closing, pursuant to paragraph 10 herein. 2. PAYMENT of PURCHASE PRICE. The purchase price shall be paid by the Buyer in cash or certified funds on the date of closing. 3. TITLE AND REMEDIES. Buyer has been provided a copy of a Title Commitment issued by First American Title for the Property and acknowledges that the Seller possesses fee title to the Property subject to the following encumbrances: easements, covenants and restrictions of record. 4. REAL. ESTATE TAXES. Real estate taxes due and payable the year of closing shall be Buyer's responsibility. Buyer shall be responsible for real estate taxes in all 2 14-7 subsequent years. Buyer shall be responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending or levied special assessments against the Property. 6. WELL DISCLOSURE/SEPTIC SYSTEMS DISCLOSURE. Buyer is aware that there may be wells on the Property. Buyer shall be responsible for any and all additional costs related to any well(s) on the Property. 7. CLOSING. The closing shall take place on or before March , 2008 at a place designated by Seller in Dakota County, time being of the essence. 8. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: i. Execute and deliver a Quit Claim Deed conveying fee title to the Buyer subject to easements, covenants and restrictions of record (the "Permitted Exceptions"); Buyer acknowledges that the Repurchase Agreement must be recorded prior to any mortgage that Buyer may place against the Property and further that such mortgage must contain a clause that permits the Seller to acquire the Property at the price stated in the Purchase Agreement free and clear of any mortgage encumbrance. ii. Execute and deliver the Repurchase Agreement in the form and text of Exhibit "A;" and iii. Execute and deliver such other documents as may be reasonably required by Buyer to effectuate the sale and transfer of the Property. b. Buyer shall: i. Make the necessary payments required under paragraph 1 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Quit Claim Deed; iii. Pay the title insurance premiums and the closing fee charged by the title company, if any; 3 ~Tb iv. Pay the state deed tax; V. Pay all costs relating to the updating of the Abstract of Title and the issuance of any Title Commitment or endorsements thereof; vi. Execute and deliver to Seller the Repurchase Agreement in the form and text of Exhibit "A;" and vii. Provide a letter of credit or cash as required by paragraph 10 of this Agreement in the principal amount of $500,000.00. 9. REPRESENTATIONS WARRANTIES AND COVENANTS OF SELLER. Seller makes no representations or warranties concerning the condition of the Property. Buyer has undertaken all necessary due diligence, including any and all environmental tests Buyer deems reasonably necessary to satisfy itself as to the physical condition of the property. Buyer is purchasing the Property "As-Is" with all faults. 10. LETTER OF CREDrr. The Buyer acknowledges that the Seller acquired the Property from the former owners under a condemnation action. Under a separate development agreement, Buyer is required to reimburse the Seller for any and all costs associated with the acquisition of the Property through condemnation, including, but not limited to the final purchase price, relocation costs, as well as all costs incurred by Seller's consultants and attorneys to acquire the Property and provide the corresponding relocation benefits (collectively the "Acquisition Costs"). Because the condemnation action is still pending the amount of the Acquisition Costs is unknown. Buyer shall provide to Seller at closing an irrevocable letter of credit, in a form acceptable to Seller's attorney, in the principal amount of $500,000.00, which letter shall serve as security for Buyer's reimbursement for the obligations for the total Acquisition Costs. Once all Acquisition Costs are known, Buyer shall reimburse the Seller for the total Acquisition Costs (including any amount is excess of the letter of credit) and upon such reimbursement, Seller shall release the letter of credit. 11. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S. or Federal Express) or sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): To the Seller: MG Eagan, LLC Attn: Gregory Miller 860 Blue Gentian Road, Suite 175 Eagan, MN 55121 4 ~/I- I With a Copy to: McGough Development, LLC Attn: Bart Zibrowski 2737 Fairview Avenue North Roseville, MN 55113 To the Buyer: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 12. HEADINGS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 13. GOVERNING LAw. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 14. HEIRS. SUCCESSORS AND ASSIGNS. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 15. DEFAULT. a. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason, Seller may enforce specific performance of this Agreement or may terminate this Agreement and the Earnest Money refunded to Buyer. b. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason, Buyer's only recourse is to cancel this Agreement. 16. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. 5 ~ ~ IN WITNESS WHEREOF, the parties have executed this Agreement this day of 92008. BUYER: SELLER: MG EAGAN, LLC EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation B By: Bart L. Mike Maguire Its: Treasurer Its: President By: Thomas L. Hedges Its: Executive Director 6 l'31 EXHIBIT "A" REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 2008, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (the "EDA"), and MG Eagan, LLC, a Minnesota limited liability company (hereinafter "Developer"). WHEREAS, the EDA and Developer have entered into a Purchase Agreement, dated as of , 2008, (the "Contract") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as follows: PIN: 10-00200-060-32 and 10-00200-050-32 All that part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 27, Range 23, formerly platted as Lots 1, 2 and the East 851/2feet of Lot 3, Block 22, and all that part of Block 19, lying Southerly of the Blue Gentian Road in Kavenagh and Dawson's Suburban Acre Lots; except that part thereof that was conveyed to the State of Minnesota by the Warranty Deed dated November 22, 1965, recorded December 16, 1965 in the office of the Dakota County Recorder in Book 291 of Deeds, at page 418. PIN: 10-00200-010-26 Commencing at the Southwest corner of Lot Eight (8), Robert O'Neill Homestead addition in Section Two (2), Township Twenty Seven (27) North, Range Twenty- three (23) West, thence North along the 1/ 1/a line a distance of 1358.60 feet to the place of beginning; thence North 74 degrees 55 minutes East a distance of 303 feet; thence North 15 degrees 041/2minutes West a distance of 349.15 feet to the centerline of the present traveled road, thence westward along the centerline of said road to the 1/a 1/a line, thence South, a distance of 352.63 feet to the place of beginning, containing 2 acres, more or less, and being a part of NE 1/a of NW 1/ Section 2, Township 27, Range 23. PIN: 10-00200-040-26 Commencing at the Southwest corner of Lot Eight (8) The Robert O'Neill Homestead Addition in Section Two (2), Township Twenty-Seven (27), N Range Twenty-Three (23) W., thence North along the 1/4-1/4 line, a distance of 1358.60 feet, thence North 74 degrees 55 1/2 minutes East, a distance of 559 feet to the place of beginning. Thence North 15 degrees 04 1/2 minutes west a distance of 337.04 feet to the centerline of the present traveled road, thence Eastward along the centerline of said road to a point on a line which is parallel to the West line of said tract and 256 feet distant therefrom, thence South 15 degrees 041/2minutes East a distance of 328.87 feet, thence South 74 degrees 551/2minutes West a distance of 256 feet to the place of beginning except the West 128 feet thereof containing one acre more or less according to the recorded plat thereof on file and of record in the office of the Registrar of Deeds in and for said County and State. Asa PIN: 10-00200-030-32 That part of the NW 1/a of the NW 1/ of Section 2, Township 27, Range 23, described as follows: Commencing at the Northeast Corner of the said NW 1/a of the NW 1/a; thence South 696 feet to the center of Blue Gentian Road (so called); thence South 68 degrees 30 minutes West along the center of said road 165 feet to the place of beginning; thence Southwesterly along the center of said Road 336 feet; thence North parallel to the East line of said NW 1/ of the NW 1/a 326 feet; thence North 68 degrees 30 minutes East 336 feet; thence South parallel to the East line of said NW 1/a of NW 1/a Three Hundred Twenty six feet to the point of beginning, Dakota County, Minnesota. Subject to easements, highway conveyances of record and any rights or interests in said property claimed by the State of Minnesota pursuant to a condemnation proceeding (State of Minnesota vs. Smisek, et al). (the "Property"); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If (a) Developer has not entered into a bona fide contract with a reputable builder for the construction of the Minimum Improvements (as defined in that certain Development Agreement dated March 6, 2006) on the Property (as defined in the Development Agreement) and (b) such builder has not commenced construction thereof within one year from the date of this Agreement, then the EDA may at its option repurchase the Property for a purchase price of $2,383,000.00 less the amount of any liens on the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period specified above. Upon receiving the repurchase price in cash from the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any encumbrances placed or suffered thereon by Developer. Section 2. RELEASE: If written notice of option exercise is not timely given to Developer or if Developer enters into the required contract and begins construction within the required period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer's request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. NOTICE: All notices, demands and requires required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed 153 to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: To the Seller: MG Eagan, LLC Attn: Gregory Miller 860 Blue Gentian Road, Suite 175 Eagan, MN 55121 With a Copy to: McGough Development, LLC Attn: Bart Zibrowski 2737 Fairview Avenue North Roseville, MN 55113 To the Buyer: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 4. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date and year first above written. I S~' DEVELOPER MG EAGAN, L , By. Bart L. rowski Its: Treasurer STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary public, this O day of rzy 2008, by 3r ~./0ot~+ski the O_ew_ of MG EAGAN, LLC, a Minnesot limite liability company, on behalf of the limited liability company. r Notary Public 155 Agenda Information Memo Eagan Economic Development Authority Meeting March 3, 2008 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA is being asked to recess to executive session to discuss the possible acquisition of property located at 3880 Sibley Memorial Hwy in the Cedar Grove Redevelopment District. 1~