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05/20/2008 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 20, 2008 6:30 P.M. ,~ I. ROLL CALL & PLEDGE OF ALLEGIANCE ~, ~ II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) I11. RECOGNITIONS AND PRESENTATIONS P, ~ A. Recognition for Assistant to the City Administrator Dianne Miller for Receiving the APMP Outstanding Assistant of the Year Award IV. CONSENT AGENDA 3 A. APPROVE MINUTES I"j B. PERSONNEL ITEMS Plg C. APPROVE Check Registers P.1A D. RESCHEDULE August 5, 2008 regular City Council meeting to August 4 due to National Night Out 010 E. APPROVE Lawful Gambling Exempt Permit for Experimental Aircraft Association to hold a raffle on October 5, 2008 at the Eagan Community Center P ~ F. AUTHORIZE the advertisement for sealed bids for replacement fire trucks P. a3 G. APPROVE modification to 2008 Eagan Community Center budget ~?ay H. APPROVE modification to 2008 Cascade Bay budget ~PaS I. ACCEPT a cash donation from the Keeler family to plant a tree J. Removed aV K. APPROVE extension of recording Final Plat for CCBC Addition f?oZ9 L. ACKNOWLEDGE Completion and Authorize City Maintenance of Contract 05-M, Steeplechase P ~p M. DECLARE June "Lakes Appreciation" Month P 3a N. DECLARE Public Works Week (May 18-24, 2008) ~,3~ O. APPROVE new bid date for Contract 08-07 (Reservoir Repainting) P 3S P. APPROVE condition clarifying an approved building size of 34,750 SF for the Diffley 35 grocery store on Lot 4, Block 1, Diffley Plaza jo ~ Q. ACCEPT resignation of Jack Prentice from the Eagan Airport Relations Commission V. PUBLIC HEARINGS 3~ A. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS N°,4p B. CERTIFICATION OF DELINQUENT BOARD UP BILLS C. VARIANCE -Foxridge Shoppes - A Variance -Foxridge Shoppes - A Variance to allow a detached trash enclosure located at 3390 Coachman Road on Lot 1, Block 1, B B D Addition in the SW %4 of Section 09. ~~D. VARIANCE -Eagan Hills Alliance Church - A Variance to the required minimum building setback from the property line fora 3-story classroom/office addition located at 700 Diffley Road on Lot 1, Block 1 Eagan Hills Alliance Church in the NW %4 of Section 25. VI. OLD BUSINESS (p~ A. FINAL PLANNED DEVELOPMENT AND AFFIRMATION OF WETLAND DELINEATION -Eagan Place 3~d Addition - MSP Commercial - A Final Planned Development and affirmation of wetland delineation of 3.39 acres for amedical/office building located at 1225 Town Centre Drive on Lots 2 & 3, Block 1, Eagan Place 2"d Addition in the EN %4 of Section 15. P B. PLANNED DEVELOPMENT AMENDMENT - EZ Air Park - A Planned Development Amendment to expand the office building and make site improvements located at 2804 Lexington Avenue on Lot 7, Plainview Addition in the NW'/4 of Section 02. VII. NEW BUSINESS ~. ~ ~ A. PRELIMINARY SUBDIVISION -Lundberg Addition - A Preliminary Subdivision of 3.29 acres to create 2 lots located at 3195 Terminal Drive on Lot 2, Block 1, Sibley Terminal Industrial Park in the NE %< of Section 08. VI11. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY ~, ~a~- A. Call to Order B. Adopt Agenda C. Consent Agenda 1. APPROVE minutes of the May 6, 2008 EDA meeting D. Old Business E. New Business 1. Resolution to Approve Redevelopment Plan, TIF District and TIF Plan for TIF District 2-5 in Northeast Eagan. F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA /COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XI1. CLOSED SESSION XI11. ADJOURNMENT '~` City of Ea~a~ memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 16, 2008 SUBJECT: AGENDA INFORMATION FOR MAY 20, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 20, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 20, 2008 Eagan City Council Meeting R C NITI N S NTTI N NITI N AS ISTT T TH ITY MINI T T (ANNE MILLER FR R CEIVIN TH A UT T NIN A SISTANT F TH YEA 11VAR ACTT N T E C NIER To recognize Assistant to the City Administrator Dianne Miller for receiving the APMP Outstanding Assistant of the Year Award. FACTS: • Each year the Association of Public Management Professionals (APMP) selects a member of the Association as Outstanding Assistant of the Year. • The winner is annually selected by the Association through a highly competitive nomination and selection process. • At the recent annual confierence of the Minnesota City/County Management Association, Dianne's selection as the winner of this prestigious award was announced and the award was presented to her by City Administrator Hedges. • Eagan staff joins the City Council in congratulating Dianne in winning this award. ATTACH~iIENT: (N®n) Agenda Information Memo May 20, 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 May 6, 2008 regular City Council meeting and April 29, 2008 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the May 6, 2008 regular City Council meeting are enclosed on pages through ~. Minutes of the April 29, 2008 Special City Council meeting are enclosed on pages ~J through MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 6, 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, and Tilley. Councihember Bakken was absent. Three residents from Bear Paw Trail expressed their concern over solicitors that have been going door to door in their neighborhood. They requested the Council consider a more restrictive registration process for solicitors. After discussion with the residents and staff, Council directed that staff proceed with a draft ordinance amendment in regard to solicitor registration to be considered at a future City Council meeting. A regular meeting of the Eagan City Council was held on Tuesday, May 6, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, and Tilley. Councilmember Bakken was absent. Aiso 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. Mayor Maguire noted that Councilmember Paul Bakken would not be present due to his attendance at a national ARC event where he is being recognized for his volunteer work. AGENDA City Administrator Hedges noted that a request for continuance of item B under New Business had been received. He also noted that an item would be added to the. Administrative Agenda regarding recommendations of the Personnel Committee. ' Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay:O RECOGNITIONS AND PRESENTATIONS RECOGNITION OF THE RETHZEMENT OF POLICE OFFICER BILL WHITE Police Officer Bill White was recognized for his 33 years of service to the City of Eagan. PRESENTATION BY THE SIERRA CLUB Mike Obermueller and Celeste Riley, Sierra Club Volunteers, presented a certificate of recognition to the Mayor and Council for their support of the Mayors Climate Protection Agreement. RECOGNITION OF HOLTZ FARM FRIENDS OF THE FARM VOLUNTEER Don Holz was recognized for his 1500 volunteer hours at Holz Farm. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the April 15, 2008 regular City Council meeting and the April 8, 2008 Special City Council meeting as presented. B. Personnel Items 1. It was recommended to approve the hiring of Jessye Stock as a seasonal park laborer. 2. It was recommended to approve the hiring of Brian Hopkins, Daniel Streefland, James Proschek, Jason Wheeler, Ryan Wall, Elyse Chell, Tyler VonDelinde, Matthew Bailery, Marc Cierzan, Jennifer Schoenecker, Nathan Dunn, Pablo Gonzalez, Andrew Paul, Sarah Schwanz, Matthew Steele, Nicholas Mestad, Jeffrey O'Donnell, Brian Meyers, Ben Bible, Scott Hoium and Steve Nelson as seasonal park maintenance workers. Eagan City Council Meeting Minutes May 6, 2008 Page 2 1,' i~ f 3. It was recommended to approve the hiring of Andrew Scheidegger, Katie Shields, Lindsey Taylor, Ryan Marks, Robbie Edwards, Derek Rothschiller and Eric Holmay as seasonal landscape crew. 4. It was recommended to approve the hiring of Kyle Gill as a seasonal tree inspector. 5. It was recommended to approve the hiring of Guy Larson as a part-time seasonal forestry technician. 6. It was recommended to approve the hiring of Wanda Bowman, Jill Brown, Shelley Clark, Jon Childers, Peter Jadoonath, Brian Keeler and Amy Rhone as part-time seasonal art instructors at the Art House. 7. It was recommended to approve the hiring of Wendy Andrews, Richard Barta, Heidi Hager, Robert Kreyer, Samantha McNabney and Laura Young as part-time seasonal lifeguards at Cascade Bay. 8. It was recommended to' approve the hiring of Ryan Ronchak and Nathan Fowler as part-time seasonal lifeguard instructors at Cascade Bay. 9. It was recommended to approve the hiring of Jennifer Piskor as a part-time seasonal pool attendant at Cascade Bay. 10. It was recommended to approve the hiring of Jennifer Stanull and Carly Reimer as part-time seasonal guest services reps at Cascade Bay. 11. It was recommended to approve the hiring of Nicolas Csargo, Matthew Johnson and Meredith Gilroy as part-time seasonal coordinators at Cascade Bay. 12. It was recommended to approve the hiring of Gary Royal as a part-time seasonal overnight custodian at the Community Center. 13. It was recommended to approve the hiring of Tom Schellinger, Nathan Voye and Garrett Matteson as part-time seasonal streets maintenance workers. 14. It was recommended to approve the hiring of Heidi Quinn as a Water Resources Intern. 15. It was recommended to approve the hiring of Joshua Garcia as a seasonal Ballfield attendant. 16. It was recommended to approve the hiring of Nicole Florsch, Grant Gittus, Elizabeth Petesch, Jessica Spurr, Amanda Sharp, Mitchell Johnson, Alicia Everson, Mara Pliflca, Ashley Brown, Emily Bryant, Jonathon Dale, Ryan Cairo, Alyssa Landin, Weston Sternitzke, Jessica Allen, Aaron Walker, Melissa Clawson Julian Larrea, Colin Reidlinger and Claire Sykora as part-time seasonal pool attendants at Cascade Bay. 17. It was recommended to approve the hiring of Michael Petesch, Amanda Knutson, Lauren Loeffler, Brittany Meehan, Michael Kaiser, Stefanie Berkopec, Ane DeCaster, Painge Bentley, Jacob Edwinson, Kaitlen Keeney, Kyle Nesheim, Keeey Moeller, Kaye Lani Berg, Gina Marascuilo, Nathaniel Chrastil, Erin McGrath, Timothy Massie, Nathaniel Phillips, Dana Plilka, Dylan Young, Kayla Csargo, Courtney Harrington, Brianna Peterson, Nicole Lenway, Elise Farrington, Anthony Giancana, Allison Gleason, Anne Rathman, Sean Bjordal and Tyler Osegard as part-time seasonal lifeguards at Cascade Bay. 18. It was recommended to approve the hiring of Katie Stein, Amelia Phelon, Andrew Scipioni, Andrew Weil, ruth Bisek, Audrey Rehwaldt, Abigail Guetzlaff, Alyssa Zaborowski, Thomas Simpson, Benjamin Eng, Beth Pearson, Angela Tumini, Kristen Riehle, Melissa Cassidy, Katelyn Lutovsky, Taylor Geer, Caitlyn Huonder, Michelle Johnson, Christina Basch, James Glewwe, Mark Sinclair, Erin Coyne, Rachel Gatz, Emily Kimball, Tracy Weitzel, Melanie Anderson, Nicole Tako, Madeline Garner and Kyle Stevenson as part-time seasonal guest services reps at Cascade Bay. 19. It was recommended to approve the hiring of David Bailly, Ryan Boehne, Rachel Keiser, Matt Mason, Kelsey Reger, Mark Sinclair, Kyle Stevenson and Casey Willmarth as part-time seasonal concessions workers at Cascade Bay. 20. It was recommended to approve the hiring of Alyssa Wylie and Bryce Willis as part-time seasonal coordinators at Cascade Bay. 2 L It was recommended to approve the hiring of Anne Marascuilo and Laura Young as part-time seasonal lifeguard instructors at Cascade Bay. 22. It was recommended to approve the hiring of Andy Lund as a part-time seasonal building attendant II at Cascade Bay. 23. It was recommended to accept the letter of retirement from Bill White, Police Officer. C. It was recommended to ratify the check registers dated April 10, 2008, April 17, 2008 and Apri124, 2008 as presented. Eagan City Council Meeting Minutes May 6, 2008 Page 3 D. It was recommended to acknowledge Eagan as the recipient of the 2007 Tree City USA Award from the National Arbor Day Foundation, and approve the Arbor Day Resolution setting Saturday, May 17 as Arbor Day and May, 2008 as Arbor Month in the City of Eagan. E. It was recommended to accept a donation of a beverage counter to be installed on the rail at the top of the bleacher seating area in memory of Dave Steele. F. It was recommended to authorize the advertisement for bids to enclose the mezzanine in the Civic West Arena. G. It was recommended to approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth of July celebration (July 3-4, 2008) and waive the $25 license fee. H. It was recommended to approve the agreement with Property Room.com, Inc. for the auction and disposition of unclaimed and surplus property. L It was recommended to approve a Tree Maintenance Contractor License for Aspenwall Tree Service, Inc. J. It was recommended to approve a 60-day extension of time to record the final plat for Blue Gentian Corporate Center, located north and south of Blue Gentian Circle, in the NW '/a of Section 2. K. It was recommended to approve a one year extension to the Preliminary Subdivision and Conditional Use Permit approvals for Diffley Plaza 2°d Addition, located at 4249 Johnny Cake Ridge Road, NW '/4 of Section 28. L. It was recommended to authorize preparation of a Wetland Bank Plan application to create two Wetland Bank sites within the City. M. It was recommended to approve the name of "Coventry Pond" for City Pond JP-23. N. It was recommended to approve additions to '08-'09 Winter Trail Maintenance Program as noted by consensus at the Apri129 Council Workshop. O. It was recommended to approve the resolution authorizing the purchase of usual and customary items and services for City operations and functions. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges introduced this item regarding the certification of Delinquent False Alarm Bills noting that there are currently eleven delinquent false alarm bills with an assessable amount of $3,355. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent weed cutting bills noting there are currently 12 delinquent bills with an assessable amount of $2,578.72. Mayor Maguire opened the public hearing. Kevin Manley stated he had purchased two of the properties proposed to be assessed for weed cutting and board up bills several months ago and the charges were not assessed to the title. He requested that the charges be removed from the certification list. There being no further public comment, Mayor Maguire closed the hearing and turned discussion back to the Council. Mayor Maguire continued consideration of this item until later in the meeting to allow staff time to research Mr. Manley's request. Later in the meeting the following motion was made: Eagan City Council Meeting Minutes May 6, 2008 Page 4 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent weed cutting bills (with the exception of parcel numbers 10-45800-020-02 and 10-45801-200-01) and authorize its certification to Dakota County until later in meeting. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges introduced this item regarding the fmal assessment roll for the delinquent board up bills noting there are currently two delinquent bills with an assessable amount of $3,278.49. Mayor Maguire continued consideration of this item until later in the meeting. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll for the delinquent board up bills, with the exception of parcel number 10-45800-0200-02, and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DEBRIS REMOVAL BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent debris removal bills noting there is currently one delinquent bill with an assessable amount of $121.18. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to close the public hearing and approve the fmal assessment roll for delinquent debris removal bills and authorize its certification to Dakota County. Aye: 4 Nay: 0 CERTIFICATION OF DELINQUENT UTILITY BILLS City Administrator Hedges introduced this item regarding the fmal assessment roll for delinquent utility bills, noting there are currently 602 delinquent utility accounts with an assessable amount of $109,407.98. Mayor Maguire opened the pubic hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the fmal assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 4 Nay: 0 VARIANCE AND FINAL PLAT (ABF ADDITION) ABF FREIGHT SYSTEM, INC. City Administrator Hedges introduced this item regarding a final plat to create one lot upon approximately 802 acres and a Variance of 10 feet to the required 50 foot front yard setback for the existing building at 2750 Lexington Avenue South. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Final Plat to create one lot upon approximately 8.02 acres located at 2750 Lexington Avenue South, legally described as Lots 3, 4, 5, and 6, Plainview Addition, in the NW `/a of Section 02. Aye: 4 Nay: 0 l Eagan City Council Meeting. Minutes May 6, 2008 Page 5 I ~'' Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a Variance of 10 feet to the required 50-foot front yard setback for the existing building at 2750 Lexington Avenue South in the NW '/4 of Section 02, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The broken tree at the southerly entrance shall be replaced with nursery stock meeting the minimum specifications in the City's landscape ordinance. VARIANCE - 2066 COPPER LANE -ADAM AVERY City Administrator Hedges introduced this item regarding a request for a variance of 5 feet to the required 30 foot front yard setback to construct a covered front porch addition to the existing single-family home at 2066 Copper Lane. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Mayor Maguire complimented Mr. Avery on the detailed graphics provided. Councihnember Fields moved, Councilmember Carlson seconded a motion to approve a Variance of 5 feet to the required 30 foot front yard setback to construct a covered front porch addition to the existing single-family home at 2066 Copper Lane legally described as Lot 4, Block 8, Cedar Grove No. 4, in the NE'/4 of Section 30, subject to the following conditions: Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The porch addition shall not exceed the size shown on the proposed site plan. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT, FINAL PLANNED DEVELOPMENT AND FINAL PLAT MSP COMMERCIAL City Administrator Hedges introduced this item regarding a planned development amendment and a fmal planned development for a two story medical/office building, and a final plat to create one lot upon approximately 3.39 acres located south of Best Buy on Town Centre Drive. City Planner Ridley gave a staff report, noting this item had been continued at the April 16, 2008 Council meeting to allow MSP and BCBSM to resolve matters regarding parking and the easements. Alex Young, MSP Commercial discussed the revised site plan. Councihnember Fields moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment for atwo-story medical/office building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition in the NE'/a of Section 15 subject to the following conditions: Aye: 4 Nay: 0 A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan Eagan City Council Meeting Minutes May 6, 2008 Page 6 d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations may be permitted for a single tenant occupying 50% or more. of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/egress easements between the properties, for review and approval by the City attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property ahs to adjacent property, as well as any shared parking rights that encumber this property. 15. In accordance with Eagan City Code § 11.67 Subd. 4.B., the applicant shall have the wetland partially on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have the wetland assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). 16. Any proposal to impact wetland on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements. 17. The wetland on the site shall have a Wetland Buffer in accordance with Eagan City Code § 11.67 Subd. 6 through Subd. 10. 18. Prior to issuance of the certificate of occupancy, the applicant shall complete a subdivision and platting of the property consistent with the Site Plan received Apri129, 2008. 19. The parking lot shall be reconstructed and an additional row of parking shall be added on the north side of the parking lot adjacent to the pond to total 126 on-site parking stalls. 20. The trail shall be reconstructed north of the parking lot and extend to the new easterly site boundary. 21. The applicant shall remove the existing parking lot and lighting from the easterly parcel to be conveyed to BCBSM and restore the area with seed. 22. Any increase in impervious surface from the existing conditions on the newly created westerly lot shall provide for water quality measures in accordance with the Water Quality Management Plan for volume reduction, phosphorus and sediment removal. Plans for how this is to be accomplished shall be submitted for review and approval by City staff prior to Final PD approval. 23. Revise and resubmit all development plans to reflect the modified Site Plan prior to Final PD approval. Councilmember Fields moved, Councihnember Carlson seconded a motion to continue to May 20, 2008 consideration of a Final Planned Development for atwo-story medicaUoffice building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, to allow time for water quality measures to be provided for due to the increased impervious surface on the newly created westerly lot. Aye: 4 Nay: 0 Councilmember Tilley moved, Councihnember Fields seconded a motion to approve a Final Plat to create one lot upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2°d Addition, in the NE '/a of Section 15. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes May 6, 2008 Page 7 NEW BUSINESS CONDITIONAL USE PERMITS AND VARIANCE City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow a loading dock within 300 feet of residential property, a conditional use permit to allow a building greater than 25,000 square feet, and a variance to allow a change in hours of operation for property located at 1646 Diffley Road. City Planner Ridley gave a staff report. Mike Whalen, EFH Company, was present to answer any questions of the Council. Two area residents expressed their support for the proposed project. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a loading dock within 300 feet of residential properly located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza located in the NW '/4 of Section 28, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the Ciry. 2. The Landscape Plan shall incorporate the approved Apri12003 Berm Landscaping Plan and properly screen parking lot area and loading dock areas per City ordinance requirements. 3. Landscaping shall be provided, installed and maintained in accordance with the Landscape Plan dated April 5, 2008. Councilmember Tilley moved, Councilmember Fields seconded a motion to allow a building greater than 25,000 square feet for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW '/a of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the Ciry Council, and proof of recording submitted to the City. 2. Private easements allowing for sidewalk connection across Lot 3, Block 1, Diffley Plaza should be provided, in a form acceptable to the City Attorney, prior to issuance of a Certificate of Occupancy. 3. The applicant shall revise the Site Plan to provide building coverage and zoning information. 4. Building coverage shall not exceed 15% of lot coverage. 5. The applicant shall provide a revised Elevation Plan that identifies building material percentages and all facades treated equally as a front and those facades exceeding 40 feet having multiple planes. 6. The rooftop mechanical equipment must meet screening requirements per city Code. 7. The applicant should modify the Elevation Plan to incorporate a durable gate for the trash enclosure with at least 90% opacity per City Code Requirements. 8. The applicant shall provide a Lighting Plan with a maximum pole height of 15 feet, 18 feet with the base. 9. The applicant shall provide evidence of the internal access easements, in a form acceptable to the City Attorney. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a change in hours of operation (5:30 a.m, to 12:00 a.m.) for property located at 1646 Diffley Road legally described as Lot 4, Block 1, Diffley Plaza, located in the NW'/a of Section 28, subject to the following conditions_ Aye: 4 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit must be obtained prior to construction. ~~ Eagan City Council Meeting Minutes May 6, 2008 Page 8 PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK City Administrator Hedges noted that a request for continuance of this item had been received from the applicant. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue to the May 20, 2008 Council meeting, consideration of a Planned Development Amendment to allow phased improvements on a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2, in the SW '/a of Section 2: Aye: 4 Nay: 0 CONDITIONAL USE PERMIT -CAFE CHILI PEPPERS City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to allow on-sale liquor in conjunction with a Class I restaurant at 1282A Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2°d Addition, in the NW'/4 of Section 15, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. PLANNED DEVELOPMENT AMENDMENT -WHITE HOUSE CUSTOM COLOUR City Administrator Hedges introduced this item regarding a planned development amendment to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to allow an increase in the size of the office/warehouse/manufacturing building at 2840 Lone Oak Parkway, legally described as Lot 1, Block 1, Waters Annex, subject to the following conditions: Aye: 4 Nay: 0 L An Amendment to the Planned Development Agreement shall be executed and recorded wit the Dakota County Recorder's office, and proof of recording shall be provided to the City. 2. This Amendment permits a building with a foot print containing 57,922 square feet; which has 64,447 square feet of office/manufacturing space, 10,892 square feet of storage space, and 20,609 square feet for underground parking, as shown on the approved Site Plan. 3. All mechanical equipment shall be screened from views from adjacent properties and streets according to City Code standards. 4. This Amendment is intended to supplement and amend the existing Final Planned Development Agreement. All other conditions in the Final PD Agreement remain in effect. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:35 p.m, to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:40 p.m. ADMINISTRATIVE AGENDA Councilmember Tilley moved, Councilnember Fields seconded a motion to approve the following: Aye: 4 Nay: 0 1. Hiring of one new Police Officer immediately 2. Promotion of an existing Police Officer to Sergeant on July 1, 2008. Eagan City Council Meeting Minutes 1 May 6, 2008 Page 9 " ~ ~ ~ ; 3. Hiring of a full-time overnight custodian at the Eagan Community Center. 4. Hiring of a full-time overnight custodian at the Eagan Civic Arena. 5. Hiring of a full-time Payroll Specialist. Community Development Director Hohenstein provided an update regarding the USPS relocation. Councilmember Tilley moved, Councihnember Fields seconded a motion to direct staff to write a letter to the congressional delegation regarding the City's position on Post Office. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:05 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. ~~ MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 29, 2008 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Carlson, and Tilley. (Councilmember Fields was not present.) City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Public Works Director Colbert, Community Development Director Hohenstein, Streets Superintendent Struve, City Engineer Matthys, GIS Specialist Slettedahl and Planner Dudziak. I. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. Councilmember Bakken moved; Councilmember Carlson seconded a motion to adopt the agenda. Aye: 3, Nay: 0 II. WINTER TRAIL MAINTENANCE REVIEW City Administrator Hedges introduced the item noting that in 1998, the City Council adopted a Winter Trail Maintenance Plan that allowed the Council to annually review and reconsider the extent of the trail system that is maintained during the winter months. Public Works Director Colbert noted that this year the City received three citizen petitions and one business request. He also stated that three new trails were built in 2007 to be reviewed by the City Council. The City Council discussed the overall philosophy of winter trail maintenance and recommended that a discussion should take place as part of the 2009 budget process to discuss whether the City should continue the Winter Trail Maintenance Trail Program at its current level. Streets Superintendent Struve summarized Citizen Petition No. 1, which is a petition containing 51 signatures from the Keystone Senior Community submitted on December 14, 2007, requesting winter maintenance to the trail segment located on the east side of Cedar Grove Parkway from Silver Bell Road to Rahn Road. There was City Council consensus to approve City Petition No. 1. '~j Special City Council Minutes Apri129, 2008 Page 2 Street Superintendent Struve summarized Citizen Petition No. 2, which contained 77 signatures and were submitted on December 5, 2007, requesting winter maintenance for the trails around and accessing Blackhawk Lake Park. Councilmember Tilley arrived at 5:45 p.m. Mayor Maguire recommended consideration of winter trail maintenance for recreational purposes be reviewed by the Parks and Recreation Department while winter trail maintenance for transportation purposes should be reviewed by the Public Works Department. Director Colbert noted that the Blackhawk Lake request was reviewed by Parks Maintenance staff and noted that it is not a viable candidate without a physical upgrade to accommodate plow equipment. The City Council discussed this request in relation to the only other recreational trail at Central Park which is provided as part of the Community Center's fitness programs. There was City Council consensus not to approve City Petition No. 2. Streets Superintendent Struve summarized Citizen Petition No. 3, which contained 39 signatures and was submitted on April 1, 2007, requesting winter maintenance for the trail located on the south side of Red Pine Lane, between Biscayne Avenue and Trunk Highway 3. The City Council discussed the request and suggested that the school district move the bus stop to the north side of Red Pine Lane or move the stop to the area already plowed by the school district. There was City Council consensus not to approve City Petition No. 3. Street Superintendent Struve summarized Business Request No. 1, which came from representatives of Blue Cross Blue Shield, requesting that the City plow the pathways on the east and west sides of Silver Bell Road, south of State Highway 13 and also plow the trailway located on the south side of Silver Bell Road, west of State Highway 13. The City Council discussed the potential future benefits when the Cedar Grove Redevelopment was completed, but noted the few users at this time and the lack of a sidewalk in front of the requesting business. There was Council consensus to only plow the trailway on the east side of Silver Bell Road and not do any plowing on the west side. The Council also noted that this request should be revisited next year and perhaps a suggestion to Blue Cross Blue Shield that they consider installing and plowing a sidewalk from their parking lot to the pedestrian crosswalk on the north side of Highway 13 to accommodate their employees once they crossed TH 13. Superintendent of Streets Struve noted the three new trail segments that were added over the past year. Struve summarized New Trail No. 1, which was installed on the east side of State Highway 149 from State Highway 55 to Wescott Road. Mayor Maguire and Councilmember Tilley voiced their support for plowing this segment, while Councilmembers Bakken and Carlson opposed the plowing until such time as residents came forward with a request. l~ Special City Council Minutes Apri129, 2008 Page 3 There was City Council consensus not to plow New Trail No. 1. Superintendent of Streets Struve summarized New Trail No. 2, which was installed in 2007 on the west side of Thomas Lake Road, between the Highline Trail and Thomas Center Drive. The Council noted that this segment would not provide any continuity since the Highline trail is currently not maintained. There was City Council consensus not to plow this new segment of trail. Superintendent of Streets Struve summarized New Trail No. 3, which were trails installed in 2007 as part of the entrance amenities to the new Trinity School located off O'Neil Drive in northeast Eagan. The Council noted that this segment would not provide any continuity with only this first phase of Ames Crossing being built. There was City Council consensus not to plow New Trail No. 3. The City Council recessed at 6:30 p.m. The City Council reconvened at 6:40 p.m. III. COMPREHENSIVE GUIDE PLAN REVIEW -LAND USE AND HOUSING CHAPTER Mayor Maguire welcomed the members of the Advisory Planning Commission in attendance for the joint meeting with the City Council. City Administrator Hedges introduced the item noting that the City is required to update its Comprehensive Plan every ten years. Hedges added that the Advisory Planning Commission, consultant from Hoisington Koegler Group (HKG) and City staff have held numerous meetings and workshops on the parameters to update the Land Use and Housing sections of the plan. Community Development Director Hohenstein noted that HKG has also facilitated a Design Charrette with Senior Management and also facilitated an open house for Eagan residents in March of 2008 to gather public input regarding the Comprehensive Guide Plan Update. Director Hohenstein introduced Greg Ingraham and Bryan Harjes of HKG, who facilitated a discussion with the City Council and APC regarding the Comprehensive Guide Plan Update. Mr. Ingraham summarized the trends in the community, noting that the update is intended to forecast out to 2030. Mr. Ingraham summarized the process being taken to-date to update the Plan and noted that it is anticipated that a draft Comprehensive Guide Plan Update will be presented to the City Council in August of 2008. ~~ Special City Council Minutes Apri129, 2008 Page 4 The City Council, members of the APC, HKG staff and City staff conversed about the Plan Update, and discussed: ^ Building update on the current Comprehensive Guide Plan ^ Defining new special areas and updating special area plans ^ Creating greater community character and identity ^ Enhancing community connectivity ^ Defining priority green space needs ^ Updating Housing Plan and Policies The City Council also discussed opportunities for density and walkability bonuses (incentives). Mayor Maguire thanked the HKG staff for leading the discussion and thanked members of the APC for their contributions to the update. The Council voiced their consensus that the representatives of HKG are proceeding along the right track in terms of the update. Mr. Ingraham summarized the anticipated schedule to update the Plan. IV. OTHER BUSINESS There was no other business. V. VISITORS TO BE HEARD There were no visitors to be heard. VI. ADJOURNMENT Councilmember Tilley moved; Councilmember Bakken seconded a motion to adjourn the meeting at 8:37 p.m. 1(~ Agenda Information Memo May 20, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Payroll Specialist-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Noemi Rivero, Payroll Specialist. Item 2. Payroll Specialist-- ACTION TO BE CONSIDERED: To approve the hiring of Gina Dwyer as Payroll Specialist. Item 3. Seasonal Utilities Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Matt Smith and Matt Selby as seasonal utilities maintenance workers. Item 4. Seasonal Engineering Techs-- ACTION TO BE CONSIDERED: To approve the hiring of Mark Danielson and Ben Wickboldt as seasonal engineering techs. Item 5. Seasonal Landscape Crew Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Yusuf Yusuf as a seasonal landscape crew laborer. Item 6. Seasonal Ballfield Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Andrew Koppang as a seasonal ballfield attendant. ~~ Agenda Information Memo May 20, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated Apri130, 2008 and May 8, 2008 as presented. ATTACHMENTS: • Check registers dated Apri130, 2008 and May 8, 2008 are enclosed without page number. ® ZS Agenda Memo Regular City Council Meeting May 20, 2008 CONSENT AGENDA: D. Reschedule August 5, 2008 regular City Council meeting to August 4, 2008 ACTION TO BE CONSIDERED: Reschedule the Tuesday, August 5, 2008 regular City Council meeting to Monday, August 4, 2008 due to National Night Out. FACTS: • National Night Out is scheduled for Tuesday, August 5 which falls on a regular City Council meeting date. • In past years, the City Council has rescheduled the regular Council meeting so that Councilmembers can attend the various activities throughout the City. • It is recommended that the regular City Council meeting be changed from Tuesday, August 5 to Monday, August 4. ATTACHMENTS: None l~ Agenda Memo Regular City Council Meeting May 20, 2008 CONSENT AGENDA: E. Lawful Gambling Exempt Permit for Experimental Aircraft Association ACTION TO BE CONSIDERED: Adopt a Resolution approving a Lawful Gambling Exempt Permit for the Experimental Aircraft Association to hold a raffle on October 5, 2008 at the Eagan Community Center FACTS: • Patrick Halligan, Execute Officer of the Experimental Aircraft Association has applied for an Lawful Gambling Exempt Permit to hold a raffle on October 5, 2008. • The raffle will be held at the Eagan Community Center. • The Experimental Aircraft Association has held a raffle in Eagan for the past four years. • Staff has reviewed the application and sees no reason to deny. ATTACHMENTS: • The proposed resolution is attached as page for your review. ~~ RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT EXPERIMENTAL AIRCRAFT ASSOCIATION WHEREAS, the Experimental Aircraft Association has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Experimental Aircraft Association to conduct a raffle on October 5, 2008 at the Eagan Community Center located at 1501 Central Parkway in Eagan. CITY OF EAGAN CITY. COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: May 20, 2008 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of May, 2007 Maria Petersen, City Clerk oZ.~ Agenda Information Memo May 20, 2008 Regular City Council Meeting F. ADVERTISEMENT FOR SEALED BIDS FOR REPLACEMENT FIRE TRUCKS ACTION TO BE CONSIDERED: Authorize the advertisement for bids to purchase three fire engines. FACTS: • In October of 2007 the fire department presented a fire apparatus replacement plan to the Finance Committee. • The replacement plan was presented to the City Council at a Special Meeting on October 30, 2007. • The plan outlines the replacement of five 1980's vintage fire engines between 2008 and 2013. • The Fire Department Truck Committee has developed a specification for replacement fire engines and would like the authorization to advertise for the purchase of one fire engine for 2008 and one for the calendar year 2009. Multiple truck bids usually receive favorable bidding. • The bid will include a city option to purchase a third fire engine for the 2010 calendar year with the same specifications. • The 2008 fire engine is to be financed form the Community Investment Fund per the previously approved plan. • Funding for the 2009 fire engine and future replacements will be through ten- year equipment certificates. • The fire department will bring the bids back to a future Council Meeting to present to the City Council for approval. ATTACHMENTS: • None Consent Agenda May 20, 2008 City Council Meeting G. APPROVE modification to 2008 Eagan Community Center budget. ACTION TO BE CONSIDERED: To approve a modification to increase the 2008 Eagan Community Center budget by $11,000 to purchase replacement banquet chairs. FACTS: • When the City Council reviewed and approved the 2008 budget for ECC they approved an expenditure of $16,000 for the'replacement of 400 banquet chair pads. • Replacement of the pads was seen as a viable alternative to replacing the entire chair and then disposing of chair frames that still had some value and use. • In preparation for this replacement, staff was advised that because of a pending lawsuit the chair manufacturer will no longer sell chair components separately. • Staff has researched options over the last two months to see if there was a different way to acquire replacement pads or have them reupholstered. It is very clear that replacement pads are not an option and the cost to upholster the existing chairs is not only time consuming but would cost almost as much as new chairs. • In 2003, three hundred fifty (350) banquet chairs were purchased at a cost of $36,000. To purchase 400 new banquet chairs of a similar style and upholstery quality will cost approximately $37,000. • Dollars have been "set aside in Renewal and Replacement to replace the chairs in 2008 so the full replacement costs are covered. ATTACHMENTS: • None ~~ Consent Agenda May 20, 2008 City Council Meeting H. APPROVE modification to 2008 Cascade Bay budget. ACTION TO BE CONSIDERED: To approve a modification to increase the 2008 Eagan Community Center budget by $30,000 to purchase replacement coping stones. FACTS: • When the City Council reviewed and approved the 2008 budget for Cascade Bay they approved an expenditure of $90,000 for the replacement of some of the coping stones surrounding the leisure pool. • The priority for replacement was for areas where the risk of breakage is the greatest. • This expenditure would not have completed the fiill replacement and the intention was to request additional funds in 2009 to fiiush the replacement of all coping stones surrounding the pool. • Since receiving the initial quote of $140,000 for full replacement, the vendor has indicated that if we were to wait until the 2008 pool season has ended they would be able to replace all of the coping stones for a total cost of approximately $120,000. • The primary factor for this cost savings is that fall is a slower time of the year for installation and results in lower labor costs. There is also an added value in manufacturing all of the stones at one time. • This expenditure is expected to be covered by Retained Earnings.. ATTACHMENTS: • None a~ Consent Agenda May 20, 2008 City Council Meeting I. ACCEPT Donation from the Keeler family to plant a tree. ACTION TO BE CONSIDERED: To accept a cash donation of $300 from the Keeler family to plant a tree. FACTS: • The City Council formalized a donation policy and gift book to allow for the donation of specific items that people might consider to be incorporated within City of Eagan parks. The George Keeler family approached the City of Eagan with a request to donate a tree to be planted in a local park. After meeting with Forestay staff the tree is planned to be located at Thomas Lake Park close to the pavilion. ATTACHMENTS: • None a Agenda Information Memo May 20, 2008, Eagan City Council Meeting I~. EXTENSION FOR RECORDING FINAL PLAT - (CCBC ADDITION) ACTION TO BE CONSIDERED: To approve a 60-day extension of time to record the final plat for CCBC Addition, located in the NE %4 of Section 03. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: - The City Council approved the final plat on March 3, 2008. - The applicant, Coca-Cola Enterprises Inc. is requesting a 60 day extension which will give them enough time to get the requested information to the Dakota County Surveyor's office for the County's review. - The requested 60-day extension would allow until August 4, 2008, for the plat to be recorded. ATTACHMENTS: (2) Location map on page ~~ Letter from applicant o~~ ~~ _~ b p ~~ 4 \~L flan Location Map I ------~ r - --- ~ -7 ~ -- - -- - - rnnrr ao. ~~~ ~~~ _~ °R,~D Subject ~ ~ ~ ~ ~ s,A ~~~~ s ~' - ; _ ~' ~ i < ~ ~ - ~~ /~ \..~/ h .,,~„~D ~ ,, ~ ~ ~ ~ ~ / '_ ~ ~q9 ti ~ Q 90 ~ ~ ~ / s ~ / f' ; i~ ~ ~~ ~~ i ti ~~ ~ < \~ __ / \ ~~ ~ Li ~ ~ / hF~ Q ~ } Wr~ L ~ ~-_ 3jl ~ -~ L.~_. _1 ulg O.s.q.N, N0:26 fLbNE opt(ROAD) u~ n -' ~ g ~, '~ ~ ~ ~~ ~~ ~ ~a ~~ \ ~ ~ ~~` '~ ~~ ---~ .a P ~ i y ~e ----~ ~„ ,OOo Site Eagan Boundary Right-of-way [~] Parcel Area Park Area '~ Building Footprint 0 z i i = o' w ti sT9r ~ F D H~` _ ho ~ Ss ~r~ 39 O DWD4kNn~~ °~ ~, ~' ~ ,~ ~ ~~ A sr4 I I ~ ~ ©q©~~ o© ~ X 7 KCNEE DT J J C J: / _ ~ ~~ / O NECFE sr ~ Z _ __ ~-' ~_ -. ~ __ .. I O ~ ~ n C ~~ ~'//~ ~ J C ~/~~ f s ~_ -~ u i ~ ~ - - ~ ~. l ~ __. I 9 C- - ° ~, ~ ~ -- G.S.A. K. NO.Z6 (LONE OAK RD.) ~ j ~-~ ~ ~. ,~. J 6LUBV IEw ~ ~ f L 'R ~Ye4 d ~ - ~. _ _ ~ _ 0 1000 2000 Feet Development/Developer: CCBC Addition Application: Extension for Recording Case No.: 03-FP-07-12-07 ~~ N City of ~o~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ & The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. ' , ,~, ~ u ~ _e t~ariliki+.s ~1per:7~inri:, 1l!tfly 12, 2008 MS, fllht; Strip ~aty Ot~~:d~`Eltl CaTYll111lnlty ~~e'Velat)211CI1t ~t[ICl 1~11llt11t1~T, 3830 Pitat K11C7b I~o<~d Eagan, MN 5~ t22 RE: CacttrCola - 270 Eagand~~le F3lvd Dear Ms. Strip; t, It is Coca-Cola Tl~terprises Iuc, (CC~~ u~aderst~indiz~g th~~t the re-plattu~~ review acid ripproval process far thr; suh.ject property ~~nust b~ coattplete lvithin 30 days ti~~~~n~ Niay. 1, 7008, Due to the; additional dralvings a~1d title itrkaX•~~aatian requested by tl~e aFtice of the Dakota County Surveyor, CCE does nat beliGVes that they carp submit tic necessary ii~f'orn~atiazi with sufficient tii~ne ~'ar the City to eamplete its review. CCU is tilerefarc rcqu~sting a ~0 day extei~sioil beyond May 30, 2008. CCE leas been in contact with tt~e T~r~l<ot~~ County Surveyor and is in tha pracass af" providing the requested information, Please contact me at 21~1~02-28.18 iFthe City ofE4~g~rtt is riot ~bie t« assist us with the requested e:~tension, CCU appreei~tes your assistance Grn<l cansideratian on this praject. Sincerely, ~~ ~ ~ _~~ ~_~~ ~ David Martme~ I3L~ Facility Matxager.___. ~~ Agenda Information. Memo May 20, 2008 Eagan City Council Meeting L. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 05-M (Steeplechase) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. OS-M (Steeplechase) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: ~ Steeplechase is asingle-family and townhome residential development located off Pilot Knob Road in the southern portion of the city. This development required the installation of public sanitary sewer, lift station, water main, storm sewer, and street improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. aq Agenda Information Memo May 20, 2008 Eagan City Council Meeting M. JUNE -LAKES APPRECIATION MONTH ACTION TO BE CONSIDERED: Proclaim June, 2008, as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Eagan is blessed with more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive affect on adjacent property values. • Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in storm water and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. • City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. • The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. • An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and would encourage additional efforts by residents and businesses, such as holding clean-up days at their nearest water body. ATTACHMENTS: • Proclamation, page ~~ CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2008 WHEREAS, Eagan has more than 350 lakes and ponds offering abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walling and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lalces Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lalces Appreciation Month to encourage residents and businesses to hold clean-up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2008 as Eagan Lalces Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20"' day of May, 2008. Maria Petersen, City Clerlc ~~ Agenda Information Memo May 20, 2008 Eagan City Council Meeting N. MAY 18-24, PUBLIC WORKS WEEK ACTION TO BE CONSIDERED: Proclaim May 18 through May 24, 2008, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. FACTS: • National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that are the heart and essence of a functioning community. While their accomplishments are particularly noteworthy in relation to the limited manpower and financial resources available to them, recognizing this public service delivery can be educational as well. • Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. This annual recognition was the start of what has grown into our City's biam~ual Community Services Open House. Many State Governors and City Councils throughout the nation historically have take time to help raise the public's awareness of and confidence in public works issues. • This proclamation of Public Worlcs Week in Eagan expresses appreciation for the dedication and efforts spent to protect and serve the citizens of Eagan while providing the quality of life that our community has grown to expect. ATTACHMENTS: • Resolution, page . ~o~ CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 18 through May 24, 2008 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and shills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 18 through May 24, 2008 as Public Worles Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of May, 2008. Maria Petersen, City Clerk Agenda Information Memo May 20, 2008 Eagan City Council Meeting O. CONTRACT 08-07, WATER RESERVOIR RECONDITIONING (LEXINGTON/DIFFLEY AND SAFARI) ACTION TO BE CONSIDERED: Approve an addendum to the bid documents for Contract 08-07 (Water Reservoir Reconditioning, LexingtonlDiffley & Safari) and authorize the advertisement for a new bid opening to be held at 2:00 p.m., Thursday, June 12, 2008. FACTS: • The Lexington/Diffley and Safari Water reservoirs are both 4 million gallon water storage tanks providing reserve capacity and sustainable pressure for the City's water distribution system. The Lexingtoi~/Diffley reservoir was originally built in 1988. This tank requires a full interior and exterior reconditioning and repainting. The Safari reservoir as built in 1982 and was reconditioned in 1999. This tank requires primarily structural repairs and exterior-only refurbishment. • Refurbishment of these two tanks were programmed for 2008 in the Syr CIP approved by Council on June 19, 2007. It was subsequently included in the 2008 Utility Enterprise Operating Budget approved by Council on December 18, 2007. • On April 15, the Council approved the plans and specifications for Contract 08-07 and authorized a bid opening to be held on May 22. During the bid solicitation process, it was determined that the bid documents needed to be revised to help insure that qualified bidders would respond to our solicitation. These revisions, in the form of an addendum, resulted in the need to re-advertise with a new bid letting date of June 12, 2008. Due to the construction schedule not starting until August, this delay will not affect the timing of this project. ~~ Agenda Information Memo May 20, 2008, Eagan City Council Meeting P. CONDITION CLARIFYING BUILDING SIZE - EFH (GROCERY STORE) ACTION TO BE CONSIDERED: To approve a Conditional Use Permit condition clarifying the building size of 34,750 SF for the grocery store to be located at 1646 Diffley Road, on Lot 4, Block 1, Diffley Plaza. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: - The City Council approved a CUP to allow a building larger than 25,000 SF on May 6, 2008. The final building size was in a state of flux but presumed to be approximately 33,000 SF. - Subsequent to the City Council meeting, the applicant has worked with their architect, Kowalski's and Starbucks to finalize the design plans. The end result is a finished area of 34,750 SF. This figure represents a building foot print of 33,150 SF plus a 1,600 SF mezzanine. - To avoid possible confusion, staff has contacted a neighborhood spokesperson to explain the purpose of this agenda item. ATTACHMENTS: (2) Location map on page J~-Q Letter from applicant on page Eagan Boundary L ® ~ I ®~ ~ ~ Right-of-way ~ Parcel Area P N V M ark Area Building Footprint ~.....,~ ~ oa b ^ 6a D ...~ ~ C w~ ~o q ~, '~~~`~ V Q ' q ~ ® v ~ ~ ~ ~O p p~[a pQQo ° ®~ ~ ®~ ~3' [ PNY P11grM.Y (,~~~ p~ ~ ~ riY011oi11.lt - 2 /// `l-A / l //R~~~fffi4. ..®® ® Y P O W TMIL /// u o b~_ o o~> g +,~ omrwooo axrvE b •.- O 0 ~ -. ~ 6 c a r.coxrte ,., ~ ~ d a d d n d td - p, p Q +~ _ t d 9 _. a e 9 00 F1 ~ ~ tae ' ~ rncoxrternY~ op0 ~ .axb ~ ~: 0 ca o ©o i QD . 9 ° 8~ a 4~& o a o f ~~ ~ Y "°^4° , o ~ ~ a Q ~ . o ' ~ 4 ` o . ~ a ~ .Q \ CS ~ 4 a t 4 Q fl p a.xeu.x uxE. ~. J> ~~ C d b Q G ~ ~~ ~ E 4 0 l! q~ o i~ ~ ° 4 ! Q 9 ~ +. xo~. ®® ~ ~~n ~, ,~ - G C-~ ~J eAWe''''a~x ~QOfl~~ - ~° ~pl~ ~ ~~ ~tJd . ~r ~ Y ~ Q ~ ^~ ' i ~ P ~ o~ ~ oo_ o 6 ~ ;° o ~ ° ~ ®® Subject Site ~ ,o ~ ;~ o ~~ ~ ~.. ~i r ~ ~. C.SJ1.N. NO. 90 (DIFLEY ROAD) 0.3.A.H. NO. 01 lCY ROAD) ~ Y ~, O ~~ Q ~ ~ ~ Q p ~y+ ti ~~ ~ L ~ ~l ~ J ~ ~ ~F o 0 ~ 6 ° "~ ~~ v ~~ d' a 6 ` ~ w• ~g a ~ dp~4 ~~q 9 ~p 9d ~ c ctEY Q 3 49 0 ~/'~ J O~ C7 Q = mm ~ ~ ~ w„ ~ DO a dd6° a ~ a o, ~ ~ ~~ ~ ° ea 0 0 mm 8 F ~ • C? ^mm p O O o r .. .° ~ ~ r mmm^ Q~ ~ ~ q Q Q A ~ C~c ~ ~ ~ O~ Q ~ Y xtrloE ~rO ~ Q Q `~ ~' ~ ~ O O o~ ~ ~~O Op~R ~ ~ Q ~u Q d L ~ ~ ~ a O ¢ oe~d'~ ~ Q b O Q Q b g Q GJ ~ OO r p q " ~ R p ~ a ©... p d Z~/7 c. 1Q Q n o P q ..... ~~ CAP o ~ Y `\ c~soxo.rv Q ` r ~ ~ ~ 4 ~~~~ pOO q = p ~ ~l ~ 6 ~Q 6 p ~ ~ ~~ A' l I + ~ ~~ f ~ d ~ . , ~~ ~ fwvE.ur ~ c> 0 4 a ~ ~ ~ ~Q ~ p ., ~/7 >, s; O P a ,. p~ Q Q Q e L~ ~ b~ b V ~~ ~ p~. ` ~: ~ ~ ~ n © o ~ Q~ ~ , D ~ aD ~~ Q_ ~ ~ 9 9 ~ ~4 o Q _ ~ ~ 4 q OJT ' o IlP J` f) W~WrR3 O _: ~ Y.IWMOOEryE ' Oo t° ~O. C'IoQbF)° +:.. C~4oo noOt7 ,. '~' 3 r ; ~ 6 =D`0 ~ ~ o Q 41 0 q 4S q ~ ~o.r xru `.,. ..o°a ~u n 15 1000 0 1000 2000 Feet Development/Developer: Diffley 35/EFH Co. Application: Conditional Use Permit Case No.: 29-CU-05-02-08 (A N City of Ea~a~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ li The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 Community Development Department not responsible for errors or omissions. Page 1 of 1 Mike Ridley From: Mike Whalen [mwhalen@efhco.com] Sent: Tuesday, May 13, 2008 2:57 PM To: Mike Ridley Subject: Diffley 35 Mike, Sorry about the delay, I was out of town until 2pm today. As we discussed, after the council approval, we met on Wednesday with Kowaksi's and the architect and in discussions between Starbuck's(coffee vendor) and Kowalski's, Starbuck's is telling Kowaski's that their coffee kiosk is 3x the size of the existing Kiosk that they were moving from their Lakeville facility. Starbucks is initiating a new program that requires new locations to have the larger Kiosk thus requiring Kowalski's to commit to a larger coffee presence which requires additional area for relocated seating and support. After review of this new development with Kowalski's and the architect, based upon this the Archtiect re-evaluate the exterior appearance and added square footage at the coffee/seating area and in an attempt to make the building more symmetrical, added to the southwest corner of the building. We are currently re-evaluating space allocation and would like to request an additional 2250 square feet of floor area, bringing our CUP request for total square feet of finished area to 34,750 square feet. As we realize this is a new development in our CUP and Variance requests, we respectfully ask for your consideration of this amendment and would be glad to visit with you regarding this and the appropriate action to bring before the City Council. As you know we are anticipating an extremely aggressive schedule for this project and will cooperate at whatever level you would require. Thank you. Mike Whalen EFH Co. 2999 West County Road 42, #206 Burnsville, MN 55306 mwhalen@efhco.com 952-890-6450 952-890-5476 Fax 5/14/2008 Agenda Information Memo May 20, 2008 City Council Meeting Q. ACCEPT RESIGNATION OF JACK PRENTICE FROM THE EAGAN AIRPORT RELATIONS COMMISSION ACTION TO BE CONSIDERED: To accept the resignation of Jack Prentice from the Eagan Airport Relations Commission (~C)• FACTS: • Jaclc Prentice has submitted his letter of resignation (via e-mail) from the ARC. • Mr. Prentice has served on the ARC since 2006, and has recently accepted a new job, with added responsibilities. Mr. Prentice is also a volunteer coach for his son's baseball team, which now practices on Tuesday and Thursday evenings, this conflicting with the ARC meetings. • Mr. Prentice expressed his thanks to the City for the opportunity to serve, and noted that he truly enjoyed himself on the ARC. • A letter of thanks will be sent to Mr. Prentice for his service to the City. ~~ Agenda Information Memo May 20, 2008, Eagan City Council Meeting V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO E CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: - The public hearing was scheduled for and opened at the May 6, 2008 City Council meeting. F Kevin Manley was present at the hearing and questioned the delinquent weed bills related to the following properties: 10-45801-200-01 (562 Caylin Court) $379.81 and 10-45800- 020-02 (557 Spruce Street) $274.37. - Staff was directed to review these bills in relation to when the work was performed and when Mr. Manley took possession of the properties. Staff was also asked to determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not these dollar amounts were identified as pending assessments at that time. F Staff contacted Mr. Manley on May 12. Mr. Manley stated that the agent involved with the closing on these properties was on vacation, but he would follow up on the matter. To date, staffhas not been contacted by Mr. Manley or the closing agent. F All other delinquent weed bills, with the exception of these two, were approved for certificatian to Dakota County on May 6. F The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. ATTACHMENTS (0): ~~ Agenda Information Memo May 20, 200$, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT BOARD UP BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for the delinquent board up bill and authorize its certification to Dakota County. FACTS: - The public hearing was scheduled for and opened at the May 6, 2008 City Council meeting. - Kevin Manley was present at the hearing and questioned the delinquent board up bill related to the following property: 10-45800-020-02 (SS7 Spruce Street) $1,351.34. - Staff was directed to review this bill in relation to when the work was performed and when Mr. Manley took possession of the property. Staff was also asked to determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not this dollar amount was identified as a pending assessment at that time. - Staff contacted Mr. Manley on May 12. Mr. Manley stated that the agent involved with the closing on this property was on vacation, but he would follow up on the matter. To date, staff has not been contacted by Mr. Manley or the closing agent. - All other delinquent board up bills, with the exception ofthis one, was approved for certification to Dakota County on May 6. - The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning May 7 through June 6. If the assessment is paid after June 6, interest at 6% from May 7, 2008 to December 31, 2009 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2009 property taxes. ATTACHMENTS (0): Agenda Information Memo May Z0, 2008 Eagan City Council Meeting C. VARIANCE - 3390 COACHMAN ROAD (FOXRIDGE SHOPPES LLC) ACTIONS TO BE CONSIDERED: To approve a Variance (or Direct Findings of Denial) to allow a detached trash enclosure for property at 3390 Coachman Road, legally described as Lot 1, Block 1, B.B.D. Addition, located in the SW I/4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The property is located at the northeast corner of Yankee Doodle Road and Coachman Road. - The property is zoned NB, Neighborhood Business and contains a convenience center with self-serve gas pumps and retail commercial building which was constructed in 1987. - The principal building has finished space and attaching the trash enclosure to the building would present an issue with blocking the drive lanes and emergency exit doors. - The proposed location is in the northeast corner of the existing parking lot and is situated to facilitate service vehicle access for trash/recyclingpfck-up. - City Code does require that trash enclosures be attached to the principal building in commercial zoning districts; however, there are some instances where detached trash enclosures have been approved. - The trash enclosure exceeds setback requirements. ISSUES: - The proposed location of the detached trash enclosure sits within an Xcel private easement area, and evidence of Xcel's authorization to use this area should be provided to the City along. with the application for a building permit for construction of the enclosure. 60 DAY AGENCY ACTION DEADLINE: June 22, 2008 ATTACHMENTS (2): Location Map on page . Planning Report on pages through ~i Eagan Boundary Right-of-way Location Map ~ Parcel Area Park Area Building Footprint 9 ! / '/ ~~ r° a r'`~ ~~ Q r \ -.:. n ~~q~`a~`~~°~~a~°~~~°I uem I.nOE wie . Q o O a o C-7 ~ ~ n 0 i 6 0o C3 r3 ~¢~ c roMVCr u~ ~ ~ ~ y OQb o d Eb D~~ 1 CJ oG3ooP.8 ..ue uxa ra l u o do 1 = ~ -~ r - - - = o < ~~ - ° ~• ~~~. c o v o \^CvIC' V = o ~r :- D _ O `~`. Y J f.Blf.~'~r' _ wuce w Subject Site O ,. q o ~~, ~A ~~`^~M "'_ _~ : ~d ~~_~: aYR T ~< 0 qIS t. ~ O ~ ~ a g ~~~ '=: ~° 1 /~'E ~ -~~ ~~~~®~ 0 7 ~/ \I 1 I I \ VII b r~ 4 d q e3 a ~~ O " Q . d 4 E1 a 'a <7 6 O ~~' . ~ ,~ d ~ ~ 0 j ~ ~-4 ;~ : ~o 7 0 ~ o q ~ o p 6 q homer w1E Pp q - fir.-:n 8 Spad~~ o ~ 4 4 P ~ Q Q v4 ~rR a o o 0 p Q ~ ~ a a ~ o ,L l70 ~ O a 06od ~~ ~ 0 9 ~ 3 P~0 Q ,p ed: 'R n 1000 0 1000 2000 Feet Development/Developer: Application: Case No.: Foxridge Shoppes Variance 09-VA-05-04-08 CitoofEaoan v ~Q Qq~ et'~ ~ 17 © ...' ~ d 0 fl fle © ~ L T"--P 0O ~O ~~ ®~ ~~ J l Duo °° COUNTY ROAD NO. 26 (MANN! OODL! ROAD) D are ~+ THIS MAP IS INTENDED FOR REFERENCE USE ONLY _ _ _ _ ._ __. _..____......we ~,-~urwr_v Df this information and are N W~ E c PLANNING REPORT CITY OF EAGAN REPORT DATE: May 6, 2008 APPLICANT: Park Midwest Comm'1 Real Estate PROPERTY OWNER: Fox Ridge Shoppes LLC REQUEST: Variance (detached trash enclosure) LOCATION: 3390 Coachman Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business CASE: 09-VA-OS-04-08 HEARING DATE: May 20, 2008 PREPARED BY: Mary Granley SUlVIMARY OF REQUEST Park Midwest is requesting approval of a Variance to allow a detached trash enclosure for property at 3390 Coachman Road, legally described as Lot 1, Block 1, B.B.D. Addition, located in the SW 1/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section l 1.50, Subdivision 3, B., 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of the Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. Planning Report -Fox Ridge Shoppes Variance (3390 Coachman Road) May 20, 2008 Page 2 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.70, Subdivision D.7 of the City Code requires trash enclosures to be attached to the principal building within an NB, Neighborhood Business zoning district, and that the enclosure satisfy principal structure setbacks for the applicable zoning district. The enclosure must have an impermeable floor surface, be at least 6' and not more than 10' in height, and be constructed of materials to match the principal structure. Gates or doors to the enclosure must be at least 90% opaque, and the enclosure must be large enough to contain all trash and recyclable materials containers. Trash enclosures must satisfy principal structure setbacks for the applicable zoning districts. EXISTING CONDITIONS The property was platted in 1987 and the existing retail commercial building was constructed in 1987. The site includes a convenience center with self-serve gas pumps that were approved as a Conditional Use in 1987, with a condition of approval that "The trash area shall be incorporated into the building design." Several retail tenants occupy the remainder of the building. There is one entrance drive to the site from Coachman Road to the west and a parking lot connection is provided to the adjacent lot to the north. Parking is provided on four sides of the building. The site is required to have 71 parking spaces and the site plan indicates there are 81. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Car Wash NB-Neighborhood Business RC-Retail Commercial South Oak Hills Church PF-Public Facility QP-Quasi Public/Institutional East Gramercy Parlc Sr. Coop LB-Limited Business O/S-Office Service West Healing Touch Wellness Center NB-Neighborhood Business RC-Retail Commercial APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, they are proposing to construct a trash enclosure to comply with the ordinance requirement that all trash and recyclable containers stored outside in their ~v Planning Report -Fox Ridge Shoppes Variance (3390 Coachman Road) May 20, 2008 Page 3 zoning district shall be stored within an enclosure subject to code standards. They are requesting a variance to the requirement that the enclosure be attached to the building, and proposing a detached trash enclosure to avoid "issues with blocking drive lanes and emergency exit doors". The trash containers have been stored in the open on the far northeast corner of the eastern parking lot, to the side and behind the building, and have occupied three parking spaces. EVALUATION OF REQUEST Proposal -After receiving notice from the City that the trash containers must be enclosed, the applicant is proposing to construct a rock face concrete block enclosure on the northeast corner of the existing parking lot. The proposed location is in the rear side of the property, and adequately situated to allow service vehicle access for trash pick-up. While City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, there are some instances where detached trash enclosures have been approved. Setbacks -All required setbacks are met. Parking -The site exceeds City Code required parking by ten stalls; three parking stalls will be eliminated if the location of the trash enclosure is approved. Landscapin screening -There is a berm and existing evergreen and deciduous tree screening on the east side of this property, which provides full screening from the building to the east and from Yankee Doodle Road. Architectural Standards -The trash enclosure is proposed to be constructed of rock face concrete block to match the building's exterior materials. The enclosure will be 7' in height and the gates would be two 10'swing gates constructed of steel tube framing with Trex (composite) board faces in an unspecified color. It will be placed on a concrete pad installed in the northeast corner of the existing parking lot. No colors are indicated on the plans for the enclosure; however, the block should be integrally colored and the Trex board selected in a color to match or compliment the existing building. Easements -There is an Xcel easement area over the east side of the property. The proposed location of the detached trash enclosure sits within this private easement area. If approved, the applicant should provide evidence of Xcel's authorization to the City along with the application materials for a Building Permit for construction of the enclosure. SUMMARY/CONCLUSION The applicant is requesting a variance to allow construction of a detached trash enclosure on the northeast corner of the site. This proposal will provide for the enclosure of formerly unenclosed trash containers. Because the principal building has finished space and issues with blocking drive lanes and emergency exit doors, attaching the trash enclosure is not desired. Planning Report -Fox Ridge Shoppes Variance (3390 Coachman Road) May 20, 2008 Page 4 Other design and construction standards for the trash enclosure appear to be met and with materials to match the principal building, the proposed detached trash enclosure appears to be in keeping with the intent of the zoning ordinance. Proposed location of the enclosure appears to conflict with a private easement with Xcel and, if approved, the applicant should provide the City proof of the necessary approvals from Xcel to construct within their easement area. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure in a NB zoning district for property located at 3390 Coachman Road, legally described as Lot 1, Block 1, BBD Addition, located in the SW 1/4 of Section 9. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The enclosure walls shall be integrally colored and Trex gate boards used shall match or compliment the color of the existing building. 3. Necessary approvals from Xcel to construct within their easement area must be secured, and a copy submitted to the City with the Building Permit application materials. 4. A Building Permit shall be obtained prior to commencing construction. `~-~p Eagan Boundary Right-of-way /~I~ ^ ®V N~ I ®~ a ~ ~ Parcel Area Park Area Building Footprint v u Q ~ aD i 00 ~.~.~ - ~ n^^~ ~ '' ~ a s ~ ®_ o < 0 1 _ ° o~ ~' '~ o : ~ G Q ooQ ,. ~ ae ~~~ ~ ~ ~ j ~ ~~~ O ~ o ~ 9 0 8 r~ ° !3 Et ~ ~ ~ - `~~ m ~ Y ° 0 .~ ~ o a ° flB6 ~ ~ •' © (~ cBtM~ 6 ' ~ ~ n o a .,._ - ~ Q a ~ ®-~ ~ Q ~ I~ ~~ Subject Site w,weEOr a s LP p ~ o Ltl o ~ D U `r i ,: o h oa d o'o ~ D ` 8 ~ ~ DD ~ p C ~ ° 00000 0 ° 0~ °'(~` • ~ c oo ~ ~~ ~kl O o GODNTY RDAD NO. 20 (YANK! OODL! aOAD) ' 0 g \// ~ ~ ~ 2 ~ ~ ! I ~y o ~r0 e _ P~ ~ +'~ ~p € ~ ~ D l~ NE l~ o r ~ G7 6 i (~ ddp d - f p i as x ~ Oo © a p a o~ o p wo.rwan ~ P 9 . 9 ~ Q ~ tS p 4 4 o p q ~«ET,..E o a,°9p _,.~ >Dp ~C 4 p 8 0 0 0 0 9 p d S1 .r . E ... b q qv o~ ., o o p ~ [a q ~+ 4 np ° o ~ °a°ad 6 a° p ~ 4 owr woof ~ © q 9 (y ~, dQ [~ ~/' ~oo t] b ~ O O D ~~ ~ o_ 6 F C5 0 o d 41 ~, ~ ~ ~ ~.. 6 c~ ~ n ~~ d 6 0 ~ 6 ~ p ~ o p ~ ~d ° a g~ o ° ~ 0 II gCl 6 O ~ ~ ono o ~o o ~ ~ ~nuo aw~E ra [j `. ~ ~ ra tb ° ~ p+•i3 Q ' ~ ~ s d ~ ~s/LN n~.. - 1000 0 100D 2000 Feet Development/Developer: Foxridge Shoppes Application: Variance Case No.: 09-VA-05-04-08 ~~ N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eo~~ "'~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S -__._....~....,_.,_~.......e.,• n.,-~.f.-AOe not resoonsible for errors or omissions. f l ~ ~ ~, y ,' I l ~- ~ ` h -. ~- \ f i~ S r'~~ i t ~ I ' ~J J• ~i ~ l) : ~ tt ~ f4-4 _ 1 J ti 1 ( ~ `~ e. y~j ri,~ i I ~~ ` ` { A .' L ~ ~ ~ ~~~ 1~ h 'GL ~ ;~~~ _ J ~tE _ ~ '. ~ ~i } ~, ri_ f ~~ v -,< a 1. t - 7 . ~y ~ t~l - .. r j ~"t~ - ~ ~. - i t,,, l ~ _ ~~~ ~, ~ ~ ~ ' . 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Cad_., ~J ~_ ~~ , ,,~ ~ ~ Y-- _..~._,~_ ~ ,.....`.. ~ gin:;;; ~u ~ }1 •I `./ V It was brought to our attention by the city of Eagan that the property located at 3390 Coachman Rd. is currently in violation of code by not having the trash containers "screened and/or by stored in an enclosure. It's our understanding that the required trash enclosure needs to be attached to the building; but because of the issues with blocking drive-lanes and emergency exit doors we are proposing to have the enclosure be constructed in the current location of the containers. We will begin construction immediately following city approval of the variance application. Respectfully, Patrick T. Daly Park Midwest Commercial Real Estate 763/847-6667 -Office 612/597-5105 -Mobile 763/847-6633 -Fax patrickd@parkmidwest.com DECEIVED Mq~ 0 6 2000 ~) NARRATIVE Agenda Information Memo May 20, 2008, Eagan City Council Meeting D. VARIANCE (EAGAN HILLS ALLIANCE CHURCH) ACTIONS TO BE CONSIDERED: To approve (OR direct the preparation of findings of fact for denial) a Variance to the required 50-foot setback for athree-story classroom/office addition to the existing church building at 700 Diffley Road in the NW 1/4 of Section 25. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - Eagan Hills Alliance Church recently purchased additional land from the neighboring Praise Lutheran Church to provide for expansion of the church facilities. The subdivision to accomplish this was completed in 2007, and both lots were replatted. - A small Qwest building is located on a parcel approximately 60' wide by 158' deep just east of the church building. With Eagan Hills' acquisition of additional land, the Qwest parcel is now surrounded on three sides by the Eagan Hills Alliance Church property. - Both the church property and the Qwest property are zoned PF, Public Facilities. - The Qwest building is an unoccupied building that houses communications equipment. - The proposed classroom/office addition is three stories, with a building height of 37 feet, and a peak height of 50' 8". - The proposed addition is aligned with the existing church building in such a way as to provide a continuous main hallway connection between the existing church and a future new sanctuary, with the proposed addition being the connection. - The PF zoning district requires a minimum structure setback of two feet for every one foot of building height, not to exceed a required setback of 50 feet. - The proposed addition is set back over SO feet from Diffley Road, however, the north wall of the classroom/office addition is proposed to be set back only 30 feet from the southern Qwest property line. A stairwell projects an additional 8 feet to the north, and is located 22 feet from the Qwest parcel. - The odd configuration of the lots presents a practical difficulty for satisfying a 50-foot setback. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: June 24, 2008 ATTACHMENTS (2): Location Map, page Planning Report on page through Eagan Boundary ^^//~~ ^N^ ~ ~ L ® ~~ I ® Right-of-way ~ Parcel Area __ ~ ^ ^ V Park Area ~ Building Footprint ' / V ~V 43 ©Sj ~ °'4''. 4 0 ~ ~e~ ~ Q°"^ gyy~bo C) O ~4 4 ' ~P ~ ~a d` p t t ~ Q c© 4 47 4; ~ Q .. Ga ti a ~.,, f) j\\`~ ~ q q +D b (3 43 @ O ~' d Q~ d d ~ 0 6 ~ © 44 (~ b 4 fl D fl O © b ~ ~ Q D t~ `8d40 •~ 9600 ~~ Q tgAq c`J O a as ' ° p o O a° '9 o 6 ~ o ~9 a°p q g pa •,~ q o d - E Q ~ ~ Q `: o , ~ . _M b"0 d G3 P X4 ~ © p Oo ~ oP 4 D 6 "er p© 4 Sl ~ © -. ~ dOb ~ p q _ pQ Q Q~ ~ :..p '~ ~ a 6 '~ ~ p d V 0 6 Q .. O Q p ° a• © Q 4. `s3o a ono ~ ~ t`TpD b ~d °OOOtTa~~,T °m 0 O q 0 8 9 4° 4 ~ 6 O 643 ~`>~Q o a p . o o~ ~~~ F36 O ~~ a a O `~ . . R i s Qp 4 D ti d~© © Oo ~' ~ Q ~ a Q _ 4eT . D0 Q s ~ O r? ~' d J ~°© q 1 r P Q p fl f o -- D G7 4 d ti O p p C> ~ 6 q O P ~ ° ,...-.. a ©p6Qq o 4 fl ©O V© QpDq b O 6 4 © q ES p 064 J ~ o a D_ d b d d o fQ . Q,. ~4 t3~o 0 0 4 o D O - . o .~..... o a o '' . p ~ ° ° ~ 9 ° d Subject Site : o a _ ~° D,, ~KD t}9pg44 4 p q> sr~aq© `^d p p ..•, f} q cep, © oc~Q~'~d 0 a 'a © p fl 9 q~d ' t? ~ 6 d ~ ~ d S t~ ^ © p p O©~ ~ 0 a ~ G ~S ~ p Q tl c)~ P ~ b Q a ~ a o j} d ' O ~ ~ L3 o d5 ~ ~ fj ~ a `O~r 413- ' ~ [ ?. a C3Q G".-C9 v^.. ~ P 0.5.A.H. NO. w 4DIFFl.EY ROAD] i 0 0 O O ~ .M i - ° ~ ~ D a e b o (J o . p o @ a o d o ~ oD o 0 e m ~ " Q g fJ o . ~9 @ _ ~ ~ Q D * qq r Q ~tfun 0 r P ,: 9 P ~ K7 ~ ®S p 3 , e - _. p > ~ ~ to o - ^ ^ . S - ~t ~ ~ " ~ `x . Q ~ 66[7 6 ^ .fl u.eow - ~ O ~ ,..~..." fl p q r t~ - Q D t'J O q En Q ° Q _, ~ P D ° ^ ~ ~ ~ ^ NVµ 3S ° • o Q o 0 o a n d o^ e O .>? "'aov. D. Q° n ~ ,.+ D i KTMM1 ;:: DID,ORE DIU"E 14CK.O.E O.Ne .w 0 ez Q ~ c ~ b^ p ,~ o a ~ 6 O tj °~o Q ~ ~ ~ ~~ ~ ~a o o° a ~ ° ~ s L~ o © ~ Q ~ ~ n_ a ° 9 b ~ D • p o c, i~ ~ r ~ b ~ dd6P~ ~' 0 Q :,q b b Q: d 9 c' •~ a ° sago 41 9 ~a Y~ a ~ >~+ q • D9Y.D11 lE+P TMR d 'Y['K.D D se ddoD ~ c7~y~,c,o.:.o~r3o _d ti d' ~~ a 0 a © ~`7 ^ ~ _ O o w,bPRti~ ° D 0 ~ ~~" ~' a~ Q ~/ { o p p CJ d "'~ ~ z d O a+* ~~ ^ . "cs. Ku«.D ~ O .~ ~, p ~`'~ 9" u ~ G' c~ [rte ~!` wg = j ,''' 4J r p {_ ~a ~ a d 4 b ~ a~ o n l ~ `,l a6 ., pfd 4 9 ~ p ~ o '4~ - p - ~~ ~ m .uv.eiur uoe ~ d ° © n ~ ~ D ~ Q y s ~ , - ~ ~ !^ d ~ ~~~ p fS _ .._ ~ ~ c~ d ~ r 1000 0 1000 2000 Feet Development/Developer: Eagan Hills Alliance Church Application: Variance Case No.: 25-VA-06-04-08 N Clty Of EO~~Il THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S G~ntmunity Development DepaRment not responsible for errors or omissions. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 15, 2008 APPLICANT: Eagan Hills Alliance Church PROPERTY OWNER: Same REQUEST: Variance LOCATION: 700 Diffley Road COMPREHENSIVE PLAN: QP, Quasi-public ZONING: PF, Public Facilities CASE: 25-VA-06-04-08 HEARING DATE: May 20, 2008 APPLICATION. DATE: April 25, 2008 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the required minimum 50-foot structure setback in a Public Facilities zoning district for Eagan Hills Church located at 700 Diffley Road, legally described as Lot 1, Block 1, Eagan Hills Alliance Church Addition, in the NW 1/4 of Section 25. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. s~ Planning Report -Eagan Hills Alliance Church May 20, 2008 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS The City Code (Section 11.60, Subdivision 20) requires a structure setback of two feet for each one foot of building height in the PF zoning district., In any event, the structure setback shall not be less than 30 feet, nor more than 50 feet. BACKGROUND/HISTORY The Eagan Hills Alliance Church property was initially platted in 1987. Eagan Hills Alliance Church recently purchased additional land from the neighboring Praise Lutheran Church to provide for expansion of the church facilities. The subdivision to accomplish this was completed in 2007, and both lots were replatted. EXISTING CONDITIONS The site is developed with an existing church on the northern portion of the lot and a surface .parking lot to the south. A small Qwest building is located on a parcel approximately 60' wide by 158' deep just east of the church. With Eagan Hills' acquisition of additional land to the east, the Qwest parcel is surrounded on three sides by the Eagan Hills Alliance Church property. Both the church property and the Qwest property are zoned PF, Public Facilities. ~~ ~ ~~ ; ,: , ~' S ~,~ ~ , . t i ~ ~. EVALUATION OF REQUEST Proposal -Eagan Hills Alliance Church is proposing three-story a classroom and office addition. The addition is proposed to be located southeast of the existing church building. The applicant's narrative states that "the church has future plans for a new sanctuary, and the proposed current addition is seen as a connection between the existing sanctuary ...and new sanctuary." Therefore, it is "very important for the proposed classroom/office addition plan to have a major hallway which would align with the existing church main hallway." Planning Report -Eagan Hills Alliance Church May 20, 2008 Page 3 ArchitectureBxterior Materials -The proposed addition will utilize exterior materials to match the existing church (fiber-cement siding, brick and split-faced concrete block). The addition is proposed to have a standing seam metal roof; the roof of the existing church is asphalt shingles. Building Height/Setbacks -The proposed three-story addition. is 37 feet in height from average grade elevation to mean roof height. The classroom/office addition has a center brick parapet that extends to a peak height of 50' 8". At this height a minimum structure set back of 50 feet applies. While the proposed addition is set back well over 50 feet from Diffley Road, the north wall of the classroom/office addition is proposed to be set back only 30 feet from the southern Qwest property line. A stairwell projects an additional 8 feet to the north, and is located 22 feet from the Qwest parcel. Parlcin~ -The surface parking lot is proposed to be expanded to the east to provide 137 new parking stalls, for a total of 243 stalls. Required parking for churches is based on the seating capacity of the main assembly hall. Currently, this church provides seating for 240 people, resulting in a required parking count of 80 stalls. Additional landscaping should be provided in the parking lot islands, and between the parking lot and the right-of--way, per the City's landscape ordinance. Trash Enclosure - A detached trash enclosure is proposed off the south end of the parking lot. The PF zoning district permits trash enclosures to be detached, however, principal structure setbacks apply. The proposed trash enclosure does not satisfy minimum structure setbacks and should be relocated elsewhere within the site. The trash enclosure should be designed in accordance with the provisions in the City ordinance, and should be constructed of masonry materials to match the principal building. Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. It is unusual to for one parcel to be surrounded by another parcel as the Qwest parcel is by the church property. Both properties have the same zoning designation, and the Qwest building is an unoccupied building that houses communications equipment. The applicant has designed the addition to maintain the maximum setback possible, and still connect it to the main hallway of the existing sanctuary building. The requested Variance appears to be the minimal request to accommodate the addition. It does not appear that granting of the Variance would result in any detrimental effects to neighboring properties or the public. 5(e Planning Report -Eagan Hills Alliance Church May 20, 2008 Page 4 APPLICANT'S ESTIMATE OF HARDSHIP The applicant's estimate of hardship is the odd configuration of the property with the Qwest parcel extending into the church property such that it is surrounded on three sides by the church property. The Qwest building is an unoccupied building that houses Qwest communications equipment. The classroom office addition is designed such that the majority of the building satisfies at least a 30-foot setback, and only a portion of the stairwell extends closer, up to 22 feet. SUMMARY/CONCLUSION The applicant is requesting approval of a Variance to the required 50-foot structure setback in a Public Facilities zoning district to permit a three-story classroom/office addition to Eagan Hills Church. Most of the structure will maintain a 30 foot setback from the adjacent Qwest property, and a small portion of the structure will be set back 22 feet. Parking and architectural requirements appear to be satisfied. ACTION TO BE CONSIDERED To approve a Variance to the required structure setback in a Public Facilities zoning district for Eagan Hills Alliance Church located at 700 Diffley Road, legally described as Lot 1, Block 1, Eagan Hills Church Addition, in the NW 1/a of Section 25. If approved, the following conditions shall apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The proposed classroom office addition shall utilize the same exterior building materials as the existing church building. 3. The trash enclosure shall be relocated elsewhere within the site to a location that satisfies ordinance requirements. The trash enclosure shall be designed in accordance with the provisions in the City ordinance, and shall be constructed of masonry materials to match the principal building. ~7 Eagan Boundary Location Ma Right-of-way o Parcel Area p (~ Park Area ~ Building Footprint b V bV `~ ~q d °'-a d Q © ~`~ O p8 /p~n~C~ Ca a(5 L~ P 4~ ~~ s3 t) G p 9 Q s p 4 q ~O o .. W ~ o~~,, ~ q p q 51 ~ ! ' +° q G q P ~ r~ ed ca p q o p 4 a q p 5~ S<~ b a 6 O ~ Q 4 ~ `~ O a g Q c `004 P O a O ~ ~ O O o a 9 qQ~ a ~ Ov,~ D© op p J~a~~t 4 Q ~ O ~G? O ti ~'7 ~~ C1 q ~ 45 ° ° ~ a a ~ rj o~~~ c d ' fa ,app a6 "~y q b"~ d ° C '. © qp.:. O o P, O Q', „ d 6 ., d " o d~ a A4 ~ 0 ~O p Q p 4 Q ~ d O p 4 4 ° 6 • © ° Q° 9 . ~d :~©o ° ~ O©oda o„ fl w fJ V b d ~0 Q S 9 4 ~ 4 ~ ~' ~ 6fl ~ J° ca o t3 ~p ° O ~ ~ ©y°t ~ 6 O ~ F"". ~q ~ O• © p 6 D S a o 4Q F~ Q y' 4 w ', u a P u b 47Q © a Fl ~ ~ fJ ~ 4 57 Q C~ C7 a Q D~ d S] q 41 P ~ Q d O d a„e„ve : 4 0 d ~ w f,~ Q o © o ° op O p Q P Q a d _ Cl O p p p CS `© a 6 4 a ~ © Qa Q Op6vr~ 4pb'~ O©~ q© 4p`= 6 Gl b d d Q © o Off{ 4 6 p q ~` 0, a d D p p a p 4 Eq w a, o~ ~ © o ~ a 9 • ° d Subject Site ' a a ~°~ ' °, .. ..- o~q~ t?~ 6 ! ° 4~ °`'© G'c^ _ ' d ~} a Qnq p coG~~'p 3d C7 ~ 6 0 OO O D U ~ p ". s3ed O Q fl d f7 D d Q (~ C a o f~ " _ CT . d d 0 v O 0 ~ ~ m~,n, ~ L'i ~ ~ CJ X46 - p ° d °o: °ra d Q p C.S.A.H. NO.3O (DIFFI.EY ROAD) i q b ., - ~ 0 0 d b° a 0 a ° ° ° P dq „ 8 ~ © ~ ` ~ ° ° b om 43 " 3 nun © ~ P ` 6 Q o d ~ ®~ ~ _ s set ~ ~ 9 IS ~ ~ S3 0 0 ~ 6 s° ~ ffa d °'Oy'e Q o , a P C3 0 0 0 0 ~ .q t1 ~ o d 0 0 o a a L o fl ~,..° N o p ~ N.~N 9 9 4 q 0 fl Q° ~ 6 °° ~ o C'~ CS [~ O D _ ~ ocN nUrv eNroxe onrve N,c~one oNrve ~ 4 a p ~, o ~ 6 Q O~ ~ 6 p b Q~; oho Qom,. [7 ~` O ~ a 9 ~ q p d ~ Q ~ Q b b ^ ~ ~ j~ CJ Q o ' N+°-+ ~ ~ J Q b.. ooh ti d ©~ ~ p ~ q p 9 0 Q d e q O Q 9 d ~ d ~ GNNlOII LF,F iN,M1 ~ k,C1.Ne D 0 i ' PD q n O nn ,~, p '' s 6° ~,« o, = o „ ~ V p ~ `,~ ° © ° °9oap d~ z C7 ~ ( o NUN RD U ! 0 ~M'C M4 ~ ° ~ Y 8 t 6 °~ ~ Q ~ Q..C> a`Q ~ 4~ O ~ Fd p p 4 47 {~ ` O p a - i~ d .. suoamr uNe O V-' o ed ~~,+, C} Q 1° d ~\~ fl ~"C`,~ C C NJ . F ~~~ ~ ~ ~ b s!~ylrP, d ~ _ ... ~ .,. ~ Ca 6_ ~.~ 1000 0 1000 200D Feef Development/Developer: Eagan Hills Alliance Church Application: Variance Case No.: 25-VA-06-04-08 ~~ N Clty of EB~all THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~Ii The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors Or Omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Hills Alliance Church Variance 25-VA-06-04-08 Zoning Map R•1 r R-1 Location A r \ Current Zoning: , ` C.6.A.N. N 0.10 (DIFFLEY ROAD) PF Public Facilities R,1 PF PF '1 n R A R- R- R-1 R 1 PF i A 600 0 600 7200 Feet ~~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: QP Quasi-Public 600 0 600 7200 Feet ~ ~~ _ ~ - ;«~ ti -. ~,T. -~ s~ k ~ ~ `y ~. ~ ~ ;~a ~~ ~~k 1 ~` ~ i % ,~ ~ ` ~ ~' ~f ~ ~ ~ ~ ~ ~, n .~ ~. ~~_ l ,. ~„ ~. ~ ; i =e,r } 1,, ~6 ~ f ~ ~~ Q 'may e ~ ~ ~~ '- ms +~~ _ f ~. . ^ ~ ~ ~ ~~ o ~ .tyr...u.~~. ~~ _ d' ~ ~~~ 4 w :~1 - ~t~ i ~ ~~H ~ ~~ & ' jj r ~' '' ~~ ~ =r = ~~ ~. ~ ~ ; { ~. _ ~ ~ ~d~T K ~ t~ ~~ ~ ~.~ ~ ~ ~ f t Ka f 1. ~ `~ ~`.. ~ ~ p I ~{ 'k~ + ~' <, I I ~ ~.. _ ~~.. a -- ~ ~ _ ~.'~El ~ ` ~ i ~ ~ ~h II 2 ~~ ~ ~ . y... ~I'- t J'~ I E y a ~' ~~~ ~~~~ ~_ ~~~~ ~ .. ~ i .d' 'E ~ ~ P ~#v ` ~ ~ ,.~ -t. ,_ a~" ~ N~ `- ,.m W oPE o r~r~rr , ,+ < ~ a '~'~eFa~ ' W o ~ 5 ~ m Q.-' ' a'=F ° ~ ~ ~ oy i !'qYi i r1~ a o~ a ~r~ ~l~ w~e Y ~. fW17V7971 GlO~I Af'I~IC NL / r,~nr+o 4~vr+ wsgs~ q 6 ; K ~ a ~~~~ rav~rure 0 x w q q Q O I I 1 I I I I I I I I 1 I 1 • I I • I i I I .. 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I'N ~'L 7`i!!ppt 3 0'. _ Ilddt[ ~ ~ ~°,. a ~ a a iN >..,_.,~,n.,~...,.,a m..~. .~ ~_ e~ ~b~ =~ ~~ o..~~..nuaws...~ .~ a m •.a~ ELEVATIONS i .~Ol~D ~T~RIOlt tLRV11T101~ t~ A ~~ ~ ~ ~ ca°~ll~ ~ A pp m= ~ ~06/W HILL! CNURCN `~~~liF; o a ~ ~ m = ° H P 6 Bi ~~ ~ - ~ .aCi.CAI. MN ~ ~I ~~! ~ ~ a: ~ 8 KRECH, O~BRIEN, MUELLER & ASSOCIATES, INC. 6115 Cahill Avenue Inver Grove Heights Minnesota 55076 651.451.4605 phone 651.451.0917 fax www.komainc.com EAGAN HILLS CHURCH ADDITI®N APRIL, 2s, 2008 VARIANCE REQUEST WRITTEN NARRATIVE Eagan Hills Church is located at 700 Diffley Road in Eagan and is proposing to build an addition to their current church facility. The original church building was initially constructed in 1985 and the sanctuary, classroom, and parking lot area were expanded and remodeled in 2003 to respond to increased church attendance. Now, in 2008, the church continues to see growth in attendance and plans to respond by building an addition which will house most of its office and educational functions. The property is designated as "QP -Quasi-Public" in the Comprehensive Guide Plan and classified as "PF -Public Facility" in the zoning map. This request for a variance does not affect either of these designations. The church is proposing to add athree-story classroom and office addition to the east of the existing building. As seen in the supporting plans and exterior elevation drawings, the addition will be 37' from the average surrounding grade to the mid-point of its gable roof. It will have exterior materials: combining fiber-cement siding, brick, and split-faced concrete block to complement and match the existing church facility in material and color. As part of this construction project, a new parking lot will be built to connect to the existing lot and add approximately 137 parking stalls. The church has future plans for a new sanctuary, and this current proposed addition is seen as a connection between the existing sanctuary (which would then become a multipurpose fellowship hall) and the new sanctuary. Therefore, it becomes very important for the proposed classroom/office addition plan to have a major hallway which would align with the existing church main hallway. Because of this programmatic need, the addition's north wall is less than the required 50' setback from the Qwest property line to the north. The north wall of the new church building, shown on the supporting site plan drawing, is located 30' from that property line. An exit stair also projects into the setback requirement so that the northwest corner of the stair is 26' from the southwest corner of the Qwest property (see supporting site plan drawing). Therefore, the applicant is seeking a variance from the setback requirement from the southern boundary of the Qwest property. N:\07042\variance\07042 written nan•ative.doc ~ECEI~E~ ~~~ ~ ~ ~~ ~7 ARCHITECTURE STRUCTURAL ENGINEERING INTERIOR DESIGN Agenda Information Memo May 20, 2008, Eagan City Council Meeting VII. OLD BUSINSS A. FINAL PLANNED DEVELOPMENT - MSP COMMERCIAL ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial of) a Final Planned Development for atwo-story medicaUoffice building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"a Addition in the NE 1/4 of Section 15. To affirm the Wetland Delineation for property located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2"d Addition, in the NE 1/4 of Section 15. REQUIRED VOTE FOR APPROVAL:. At least three votes FACTS: - The applicant is requesting approval of a Final Planned Development to allow a two story medical/professional office building upon approximately 3.39 acres. - On May 6, 2008, the City Council approved a Planned Development Amendment that included modifications to the Site Plan to reflect how the applicant and neighboring BCBSM had agreed to resolve the concerns regarding parking and easements. - The applicant has since modified the other development plans to reflect the new site plan. - If the Council approves the Final PD, the approval will be documented in a forthcoming Final PD Agreement to be executed following Council action. - Staff has reviewed the modified Final PD plans: o The parapet wall on the building was raised 1' to provide better screening of mechanical equipment. The equipment should not be visible from the public way, and it will take a distance of nearly 300 feet for the top of the uriits to become visible. o The monument sign was revised to reflect a height and sign face that is consistent with City Code requirements. o A current wetland delineation has been provided and was reviewed by the Water Resources Coordinator. The delineation appears acceptable and a separate action by the Council to accept the delineation is in order. o The wetland is classified as a Manage A wetland and according to the provision of Section 11.67 of the City Code, a 20-foot Wetland Buffer is required around this wetland, as well as a 10-foot setback for parking areas from the 100-year HWL, ~~ and 10-foot setback from the outer edge of the Wetland Buffer line. These revised plans show encroachment into the wetland buffer with the parking and trail.. o Contour Engineering indicates approximately 281 square feet of wetland impact, which exceeds the 100 square-foot de minimus amount for this type of wetland (Type 4). Thus, a wetland replacement plan (and decision) would be required, according to City wetland protection and management regulations. These wetland impacts could be avoided if the trail on the north side of the parking lot is eliminated and the trail connection made through the site to connect with the trail on Town Centre Drive. o With this plan, there is a net decrease in impervious coverage of approximately 1.5% on the development site, excluding the portion being deeded to BCBSM. ISSUES: - The City Council approved a final plat on May 6, 2008 that would consolidate the existing two parcels into one lot. The current development plan that addresses the parking and easement concerns will require that the property be subdivided so the eastern portion of the existing parl~ing lot can be deeded to BCBSM. - To implement this resolution of the issue, the property will need to be subdivided, and MSP proposes to do that in the coming months while the building is under construction so that the subdivision is completed prior to issuance of the Certificate of Occupancy. 60-DAY AGENCY ACTION DEADLINE: Extended to July 3, 2008 ATTACHMENTS (4): Location Map, page~`~ Revised Applicant Narrative dated May 15, 2008, pages`l~ through Revised Development Plans dated May- 3, 2008, pages°13 throughZ. Findings for Wetland Delineation, pages~~ through Cn ~( Eagan Boundary ' ~ ~ ` ~ /~ ~ a Right-of-way ~ Parcel Area P k A !/ M {n ar rea '~ Building Footprint ~ ~ g' ° ~- ~ ~ ~I ~~ LTA 6. t~ a I o ~ DeYiMIM 0 p Q c P 0Q _ Q ~ ~~ ~~ ` ~ -_ n b ~ Ci C D 0 4 pr ~L'' Z ~ ~ ~ o ` p < b a ~~' ~ °~ 3Y ~ ~ ~ s ' ~ ~ ~~ p QµslTe ow A ~ ~ / e ~~ ~ _ . C V /~ ~ ~ C NWr J ~ NO ImIWDDO r I - o O ~~ ~ ~ 9 I~~ L_ L1 = YMIE! De ~ ~ ~- s ° ~ ~. ~ ti ~ ~~ ~ ?~ ~ ~v- o ~ ~ ~ ~ ~~ ~ r~~o ~ o s ~~ ° ~J ! ~ ,~~ ~ ~ Subject Site eDL~ ~_ © ~ 4 ~~~ ~~ _ ~ ~~- ~ ~. COUNTY ROAD N0.20 (YANK[! DOOOL! ROAD) .: ~ ~ __ u TOW11 E[HfR[DII 4 ^ r.~ ~ {. 1 1 (l~ ~ L . o ~ r ~ : TOWxElM11l D D«~ ~ ~; k ~ ~_( LS i~ ~a ,y> ~ 4 S .. f 1 ~ ; " ~ '~i ~ ~~ ao ~ ~ III I rl o ~- - ©O~ ~ l~3 f ~ `~ ~ r~ `-~ xa . ~ g / ~--- o, ~~ ~ p _ ~ : o © ~,Ma Ju ~~ ~ n ~ P o ~ ~ ~~ ©~O [LUI J[Y W[T ~L'rY a o a ~ _° v ~ a ~ ~o a ~ a~ o ~~ fl ~ Q cf S p _ ~ ~ D E a o z o~ ©~ o a~ u ~ .wooo E[rva a n ~ a o ° 4 ~~ ~ , .. ~ ES ~ zt 4? ~ ~ , ~l ~3 G~ ~~` r D L we f = DucxwooD DR E6 q p ° ~ ^ ~ e[e[mlDae , ~ q 6 ,, ~ ~ ~° 0~ ~~~ p~" p `3 ~ 4 4 0 41 5 .~~. p~ ~ b ~ ~ ti ~ ~„ ~ d 4l Q ~ tJ ._ ,.., q Qtr ~ Cb ,.., ~,-,,,ra .~ G7 ~ r' , ~ ` q3© ~" ~ ~, ~© ~ ~° ~ p 4 , ~~ ~' Q ~ - ~'~ © O .:. w. a ES ~;> w a U ~~ _ ~~ O ,.. ~ `~ p ,ems ~ 6 u ' a Q 0 ra a ~ t ~ s Lcox wxr , ~ d -- Q ~ ~ ~ En ~ ~E 1000 0 1000 2000 Feet Development/Developer: Eagan Place 3rd. Application: Planned Development Amendme nt Case No.: 15-PA-02-02-08 N City of Ea~a~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W ]i Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S 401 N. ROBERT STREET, SUITE 225 ° ST. PAUL, MN 55101 PHONE (651) 287-8888 ° FACSIMILE (651) 287-8889 May 15, 2008 Michael Ridley City Planner City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: MSP/ Eagan Place Professional Building Final Planned Development Dear Mr. Ridley: At the May 6, 2008 Eagan City Council meeting the Council continued the Final PD for the Eagan Place project in order for us to complete the balance of our plans and incorporate changes as discussed and required as conditions of the other approvals. Included with this letter, are our revised plans, which among other things have incorporated those changes. The building parapet design now reflects an additional one foot in height to better screen the mechanical units on top of our building. We felt that although this is not the most economical way of blocking the view of the units it is certainly the most aesthetically pleasing option and we like the outcome. The monument sign has also been modified to comply with staff's comments on size. With regard to the site plan and civil plan, we feel it is important to note that there is an over all reduction in existing impervious surface area with our revised plans. In addition to not only reducing the amount of runoff, we are also taking steps to better control the rate of flow as well as additional water treatment before it leaves our site and enters a regional water treatment area. MSP was asked by staff at the May 6th meeting to also contract fora wetland delineation on the northern edge of our site which borders the general use pond. A copy of that report is also being submitted with this letter. The proposed trail location on the northern edge of our site is approximately 8' further to the north than the current hard edge (impervious edge) as currently constructed on our site. The report shows that as delineated, we would be impacting the pond by approximately 281 square feet. Although most certainly not a major impact, we nevertheless want to make everyone aware that there will be a very small but manageable impact with our plans as currently shown. Our desire to keep this path in our plans is strong but not a requirement of ours. If it is determined that the path needs to be smaller in width or removed altogether, the other connection paths in our plans do still complete the continuous pedestrian traffic for access around the pond. Also included in our plan packet is an alternative plan that removes the path from our northern edge which reduces our northern hard edge (impervious edge) back to where it exists today. WWW.MSPCOMMERCIAL.NET REAL ESTATE DEVELOPMENT ° PROPERTY MANAGEMENT 401 N. ROBERT STREET, SUITE 225 ° ST. PAUL, MN 55101 PHONE (651) 287-8888 ° FACSIMILE (651) 287-8889 The Best Buy that was built in 2006 does incorporate a path around their portion of the pond and at one point also encroached slightly into the wetland area. They were able to use a retaining wall which helped to lessen the impact which is also what we are proposing on our plans. Pictures of this are also included with this letter. It is also important to note that these revised plans are within the intent of our signed agreement with our neighbor BCBS. These changes will also allow us to continue down our path to a LEED (Leadership in Energy and Environmental Design) designation which we are pursuing for our base building. We look forward to continued discussions and resolution of these matters at the May 20tH City Council meeting. Our tenants are anxious for us to begin construction so they can start seeing patients in late 2008. Sincerely, ~/~ Alex Young Vice President W W W.MSPCOMMERCIAL.NET ~i REAL ESTATE DEVELOPMENT ° PROPERTY MANAGEMENT Xw39 ~ ~ o ~ ~ ~ M ~~~g , ,. i f; v~. ~ q k5 „ ~ W ~ ~W~.. ~ t`a+ 'gy'm ~ `~ ~_ry ~~~ ~yw ~~~ W ~ C40 ~~o~e "x' g~ ~~a W~. 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MN 55340 ~ LANDSCAPING ~Re~w,~a,r~°°~°~~ EP~ u~~a~~;~re, ~~ City of Ea~a~ Mike Maguire MAYOR Paul Bakken Peggy Carlson Cyndee Fields Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. WETLAND PROTECTION AND MANAGEMENT PLAN NOTICE OF DECISION Name of Applicant: Mr. Alex Youns; Project Name: Eagan Place 3`d Application Number: 08051601 Type of Application (check one) ^ Exemption Decision ^ No Loss Decision ^ Replacement Plan Decision ^ Banking Plan Decision ® Wetland Boundary and Assessment Decision Date of Decision: May 16, 2008 Check One: ®Approved ^ Approved with conditions (see note on page 2 regarding use of wetland banking credits) ^ Denied Surmnary of Project/Decision: Approval of wetland delineation and assessment report (Arrowhead Enviromnental Consulting,) for wetland located on northerly portion of 1225 Town Centre Drive Eagan, Minnesota. Wetland classified as Manage A• Pursuant to Minn. R. 8420.0200, the Eagan City Council on November 8, 2001 delegated decision authority for exemption, no-loss, and wetland type and boundary determinations to the Water Resources Coordinator while retaining its authority for wetland replacement and banking plan decisions. You are hereby notified of the decision by the Water Resources Coordinator on the above-referenced application that was made on the above date. A copy of the City's Findings and Conclusions is attached. This decision becomes final if not appealed via a written petition for a hearing before the City Council within thirty (30) calendar days of the mailing date of this Notice, as indicated below. Such a local appeal may be made by a landowner, by any of those required to receive decision Notices, or by 100 residents of the county in which a maj ority of the wetland is located. A nonrefundable City application fee for a wetland decision appeal may apply. Pursuant to Minn. R. 8420.0250, any appeal of a City Council decision from a local appeal hearing must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of the Local Appeal Hearing Notice of Decision. THIS LOCAL GOVERNMENT UNIT DECISION ONLYAPPLIES TO Eagan City Code SI1.67 Wetlands Protection and Mm~aQement Regulations. Additional approvals or permits from local, state, and federal agencies may be required, Check with all appropriate authorities before connnencing work in or near wetlands. Signature Eric Macbeth, Water Resources Coordinator Name and Title Attachment: Findings and Conclusions May 19, 2008 Mailing Date L Notice of Decision Staff Eagan Place 3rd boundary_08051601, Page 1 of 2 List of Addressees: Mr. Alex Young. Eagan Place Professional Building, LLC 401 North Robert Street St. Paul, MN 55101 Ben Carlson Arrowhead Environmental Consulting 2909 Meadow Lane Mound, MN 55364 Ken Powell Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 Brian Watson Dakota County Soil and Water Conservation District 4100 220th Street West, Suite 102 Farmington, MN 55024 Gun Club Lake Watershed Management Organization 3830 Pilot Knob Road Eagan, MN 55122-1897 Wayne Barstad MN Department of Natural Resources Ecological Services Division 1200 Warner Road St. Paul, MN 55106-6793 Janell Miersch MN Department of Natural Resources Waters Division 1200 Warner Road St. Paul, MN 55106-6793 Doug Norris MN Department of Natural Resources Ecological Services Division 500 Lafayette Road, Box 25 St. Paul, MN 55155-4001 Brad Johnson Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Eric Vevea Vevea & Company, Ina. Strategic Creative Marketing Communications 1496 Sherwood Way Eagan, MN 55122 Cc: City Planning ~~ Notice of Decision Staff Eagan Place 3rd boundary_08051601, Page 2 of 2 CITY OF EAGAN WETLAND PROTECTIONAND MANAGEMENT PLAN FINDINGS AND CONCLUSIONS Date: May 16, 2008 City Contact: Eric Macbeth County: Dakota Phone #: (651) 675-5300 Project Name/#: Eagan Place 3rd/ 08051601 Location of Project: NE 15 27N 23 W '/a '/4 '/4 Section Township Range Lot/Block 1. Type of decision requested (check those that apply): ® TypeBoundary" ^ Exemption ^ No-Loss ^ Replacement Plan 2. Description of Wetland(s) with proposed impacts: a. Wetland Type (Circular 39) 4 (Cowardin) PUBG b. Wetland Type (Ch~cular 39) 3 (Cowardin) PEMF c. Wetland Type (Circular 39) 1 (Cowardin) PFOlA d. Size of Proposed Impact (tenths of acre) 0 3. Have sequencing requirements been addressed? N/A 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? N/A 5. The project will affect the following wetland functions: N/A Functions Impact No Impact hnprove Floodwater Storage ^ ^ ^ Nutrient Asshnilation ^ ^ ^ Sediment Entrapment ^ ^ ^ Groundwater Recharge ^ ^ ^ Low Flow Augmentation ^ ^ ^ Aesthetics/Recreation ^ ^ ^ Shoreland Anchoring ^ ^ ^ Wildlife Habitat ^ ^ ^ Fisheries Habitat ^ ^ ^ Rare Plant/Animal Habitat ^ ^ ^ Commercial Uses ^ ^ ^ 6. For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? N/A 7. Is the LGU determination request approved? Yes ® No ^ If no, why? SIGNATURE Mav 16. 20 City Representative Date ~l Agenda Information Memo May 6, 2008 Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow the following phased improvements: • Phase I (2008): an additional exit lane and a cashier. booth, along with related equipment and a canopy; and • Phase II (2009): a 987 square foot office expansion; and • Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking. The above requests pertain to a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2, in the SW 1/4 of Section 2, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: -The EZ Air Park operation is located on three separate parcels. The northern most parcel was rezoned to Planned Development (PD) in 1979. The remaining two parcels are zoned Limited Industrial (I-1). A PD amendment in 1997 allowed the removal and replacement of the existing garage and a 600 square foot office addition off the north side of the garage. The applicant requests approval of the three phased plan to improve the function and modernize the site. - The Advisory Planning Commission held a public hearing on April 22, 2008 and is recommending approval. ISSUES: Current site conditions are allowed via the PD approvals; however they do not meet current City Code in relation to green space, impervious surface coverage and parking lot design. The Advisory Planning Commission gave direction to better define the City's expectations on green space to be added. Based on City Code requirements that 5% of parking areas over 50 stalls in size must be .dedicated to planting islands/green space, a rough calculation for this equals approximately 26,000 square feet of green space to be added. This site improvement should be completed at the time of the office expansion. 60-DAY AGENCY ACTION DEADLINE: Deadline expires May 17, 2008 ATTACIIMENTS (3 Location Map on page Draft Apri122, 2008 APC minutes n pagesg~through Staff report on page through ~~ R L®A!"~T r iwR ~A ~!, A ~q ^V_ i/r~f ~^r M ~Mf ^^ i^1 ^ y ~ Q N ^ Eagan Boundary ~ Rlght-oE•way ~ Parcef Area ~ Park Aroa Building Footprint _ L--i M~ ~.n~ ~a9~-~ -- .: ._, ___ ~._ .. _.. ~t a y ~ _ .-.~.._ ' b C a C~ ~ ~ r i, ~~ r-~ a ~~ *~~ ~ Subjecfi Sifie ~ ,do `., ',,.. O - ~ ....-.,.~•: ~ x ~ - ~ t ~ °'R ~, ~ ~ `~ - ~. ,, ~4 ° - Y v a-a a _ ( ~ ~ v D I ~ ~5p ~ D ~ ~ a o ` / ~ Q~ ~ t,~.l ~ ~ 0 ~ °~ u • t ~ ~ a~ ~ ~_ ~~ ~ • - ~ . 4 ~ Y ~ y ~ °~ -~ a - ~ ~ ; • ~~ hM1°rtCM Map ( ` •..Klaf~laMf WR pJ F c~uMwa QQ V ~ ~ ~ ~ ' p n a ° _ ~ ~,~ 0 ~ D ~ _ a _ __ ` _ .:: - `~ P.O ~ ~ P~ o _..~ _ ~ C G ~ ~ ~ o ~ ~ C` ~ ° o ~; _ o ~- ~ -~ _ ~: _ 1 -- a ~ ~ ~ i ~ = q ~ _ . - , o _-~ a ~--~ Q ~ d Q __ iDOD 0 10D0 20D0 Feel -ti~i -- Development/Developer: EZ Air Park Application: Planned Development Amendment Case No.: 02-PA-OS-03-08 City of Ea~a~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1V E The Clty of Eagan and tiakota Caunty do not guarantee the aaeuraoy of this Infonnatlon and arc 5 commuNry o°v°lopm°nt Oopnnmone no! responsible Eor arrors or omissions. B. EZ Air Park Applicant Name: EZ Air Park Location: 2804 Lexington Ave.; Lot 7, Plainview Addition Application: Planned Development Amendment A Planned Development Amendment to expand the office building and make site improvements. File Number: 02-PA-05-03-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 15, 2008. She noted the background and history. Applicant Curt Callister discussed the history of the business and stated the desire to upgrade the facility to accommodate their customers and the growth of the company. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Discussion occurred regarding adding additional green space to the site and the commission agreed more detailed information should be provided to the City Council. Member Zoberi moved, Member Keeley seconded a motion to .recommend approval of a three phase Planned Development Amendment to allow: • Phase I: an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II: a 987 square foot office expansion; and • Phase III: covered parking on the first 50 spaces in the northern most row of parking. For property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition in the SW '/4 of Section 2, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. 2. The property shall be platted into a single lot and the applicant shall apply separately for a rezoning of the property so that there is only one zoning on the property. 3. The Applicant shalt provide a revised Site Plan to provide details such as existing setback information, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information. 4. Signage shall comply with City Sign Code requirements. 5. The lane operation and parking canopies shall be identical in color. 6. The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. 7. The canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. g~ 8. The Applicant shall provide a revised covered parking canopy improvement traffic safety improvements through requirements. 9. A building permit shall be obtained addition, and the carport canopy. Site Plan, prior to receiving a building permit for the project, which provides additional green space and the use of parking lot islands per City Code prior to construction of the lane canopy, the office A vote was taken. All voted in favor. Motion carried: 7-0. ~s PLANNING REPORT CITY OF EAGAN REPORT DATE: April 1S, ?008 APPLICANT: EZ Air Park PROPERTY OWNER: EZ Air Park REQUEST: Plaimed Development Amendment CASE: 02-PA-OS-03-08 HEARING DATE: April 22, 2008 APPLICATION DATE: March 19, 2008 PREPARED BY; Sal°ah Thomas LOCATION:.2804 Lexington Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: PD, Planned Development SUMMARY OF REQUEST C'ur't Callister, EZ Air Park, is requesting approval of a tluee phase Planned Development Amendment: • Piaase I to allow an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II to allow a 987 square foot office expansion; and • Phase III to allow covered parking on the f r'st 50 spaces in the aaorthern most row of parking. The above requests pertain to a 14 acre property located at 2804 Lexington Avenue, legally described as Lot 7, Plainview Addition, an unplatted parcel and part of L,ot 6, Eagandale Industrial Park No. 2, in the SW '/a of Section 2. AUTHORITY FOR REVIEW Chapter 11, Section 11..50, Subdivision 5 states, in part, 1, The provisions of this chapter may be amended by the majority vote of the cotu7cil, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an aftzrmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the plaiuling commission for its consideration and recommendation. ~(Q Planning Report - EZ Air Parlc April 22, 2008 Page 2 BACKGROUND/HISTORY The EZ Air park operation is located on tlu'ee separate parcels.. The northern most parcel was rezoned as the Plainview Planned Development in 1979. The Platmed Development (PD) provided for a mix of uses including a garden shop, storage building and office building. None of these uses were ever established. In 1984, the City approved a new use that allowed a 77.3 car parking lot that would provide private airport parking. In 1986, the Council approved a 921 parking space expansion to bring the total parking facility capacity to 1,694 spaces,. The City Council approved the outdoor storage of a propane tatilc and recreation vehicles and trailers (two-axle maximum) in I99G•. bt 1997 a PD Amendment was approved allowing the removal and replacement of the existing gar~~tge and an addition of a 600 scl. ft. office off the north side of the garage. It is unla-town how the use became approved on three separate parcels as two of the parcels are zoned Limited Industrial {I-1).. These two parcels are not a part of the PD that governs the principal ttse of the property consisting of the day to day operations.. This is atypical and staff suggests a replat of the property is war•anted to combine the thr°ee properties as well as a rezoning of the two I-1 parcels, so that the use is on one lot and in the same zoning district. EXISTING CONDITIONS Currently, there appears to be 1,486 parking spaces located on site; the propane and recreation vehicle storage is located in the southeastern portion of the add-shaped site. The airport parking and the existing house, garage/office and a shed are located on the north part of the site. The house is used as the EZ Air Park office and residence far the on-site managed,. The shed is proposed to be removed with the expansion of the garage/office building. It appears that a 6 foot fence completely surrounds the property and landscaping has been installed along the property lines directly adjacent to the residential districts located to the south and west, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning LaYtd Use Desi nation I~lorth ABF Freight Terminal I-1, Limited Industrial INL7, Limited Industrial South Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre) East Atlas of MN I-1, Limited Industrial IND, Limited Industrial West Lexington Ave./ Right-of way Right-of--way Interstate 3SE Plazming Report - EZ Air Par~lc April 22, 2008 Page .3 EVALUATIOPt OI` RE VEST Code Requirements -- The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange far greater creativity and environmental sensitivity. This is meant to encourage a znoz°e creative and efficient approach to the use of the land, and preserve and ezrllance desir°able site characteristics, natural features and open space. Proposal -The proposal includes three phases of improvements to begin in 2008- and continue through 2010 or beyond. Phase I: The applicant proposes to add an additional exit lane with a cashier booth, a ticket machine and gate. Anew canopy is proposed to cover the new and existing cashier booths (2008). Phase II: The applicant pz°oposes a 987 square foot offzce expansion to allow far mare office area and indoor storage (2009). Phase III: The applicant praposes to construct a campy over the first 50 panting stalls in the northern most row of parking, Row 1 {2010+). Compatibili~ with Surrounding Area -The EZ Air Park operation appears to be compatible with the existing land uses ua the vicinity. The applicant believes the phased iznprovemenis will upgrade and modernize the facility. The function of the site will remain the same. Site Plan -The Site Plan lacks detail in relation to existing cozlditions; setback dimensions, the existing number of parking stalls, parking stall and drive aisle dimensions, building sizes and fence specifications, A revised plan should be submitted that identifies this information to accurately portray the existing and proposed conditions. Bulls Standards - As a Planr-ed Development deviation from typical zoning bulls standards may be allowed. Setbaclrs -The Site Plan does not identify existing setbacks, however the proposed addition to the garage/office does not appear to encroach into any required setback areas. Building C'oz~er•age -The existing building coverage is tznlozown. The proposed office addition would approximately double the size of the existing structure from 1, O11 sq. fl. to 1,998 sq.. ft..; however, the site is 14 acres ui size. Green Space -The existing site consists of 1.3% green space. The proposed improvements would not create additional impervious surfaces, but na impz°ovemerzts have been proposed to reduce the impervious surface on the site, As mentioned later in this repoz~t, the reconstruction of the parking lot with parking lot islands could reduce the impervious surface coverage on this site, Consideration should be given to improve the overall ainoiizit of graen space an the site: Platming Report - EZ Air Park Apri122, 200$ Page 4 Buil~li~tg Elevations/Arclaitecttrt•e -The garage/office building has a residential design with an asphalt shingled roof and stucco siding that matches the existing residence. The proposed addition will match the existing structure. The canopy over the lane operations is proposed to provide a 13 foot, 4 inch clearance with a two foot, six inch prefinished metal canopy, The canopy is proposed to be beige in color and the steel columns are proposed to match the canopy. The canopy over the SO parking stalls is also proposed to be pref Wished metal and light stone in color and the steel columns are proposed to match the canopy.. The color of the two canopies should be identical.. The canopy construction must receive a building permit prior to construction. Airuort Noise Considerations -The City of Eagan considered airporfi noise as a factor in its Comprehensive Land Use Guide-Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Platl that anticipates the impacts from the continued operation of the airport at its cturent location. The Metropolitan Council has adapted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours., Under these guidelines office is considered a compatible use within Noise Zone 4. Sianaue -The elevation of the lane operation canopy depicts "lighted sigt~age to be designed by others", Therefore, a separate sigh plan should be submitted far a sigh permit providing sign details in accordance with City Code requirements. Landscauintl -The Site Plan tdenttfies landscaping to match the existing quantity on the northeast side of the proposed office addition. No additional landscaping is proposed.. Liulltitlg - According to the applicant no upgrades to the parking bt lighting at EZ Air Parlc is being considered at this time. However, lighting is proposed with the lane operation and parking stall canopy construction, and such lighting must meet City Cade requirements. City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of--way or adjacent properties and the source of light shall not be visible from off the property, The Planned Development has no additional lighting requirements, A propased Photometric Plan was submitted with the application. This plan lacks detail and should be clarified to provide both the existing and proposed location of lights, as well as height information and type of Light fixture in confotnlance with City Cade requirements. Staff suggests that lighting be tniiforin tlu~oughout the parking lot and Light levels at the property lines shattld be kept to a low level to be cognisant of the single family neighborhood to the south. ~~ Plaruling Report - EZ Air Park April 22, 200$ Page 5 There are 9 surface mounted exterior fluorescent lights proposed beneath the lane canopy and it is unknown how many surface mounted exterior fluorescent lights are proposed beneath the carport canopy.. These lights should be recessed and photorneh°ic information, such as footcandles, should be provided to ensure the contrast in lighting between the parking ar-eas and canopy is riot problematic. While awell-lit enh°ance/exit area can be attractive to en~rployees and customers, too much contrast in lighting can make it difficult far customers and employees to see past the well-lit canopy to what is happening beyond,. Also, to prevent glare to passing motorists, and onto adjacent property, it is essential that the canopy lights and lenses be fully recessed so that only the illumination is observed and the source of light is not visible. Parkin -The Site Plan does not identify the existing number of parking stalls but fx°om prior information gathered by the City, it appears that 1,486 parking spaces are located an the site, Planting islands are required per City Code to occupy at least five percent of parking areas with more than 50 parking spaces. The site lacks any planting islands. To visually break up the expanse ofhard-surface parking areas and to provide safe and effrcient traffic maveinent as well as define rows of parking, planting islands should be incorporated into the long tens improvements proposed for this property. Planting islands can be designed to also r°educe impacts from stone water runoff and provide additional green space on the site. Gradin -The site was graded with its original development as a parking lot. Minimal re-grading of the site is proposed to accommodate the site changes. Storm Drainage -Existing storm water runoff patterns are proposed to remain as currently configured. Since this development contains a large area of impervious paveme-rt, consideration should be given to retrofitting storm water infiltration features to enhance water quality and reduce runoff volumes in accordance with current City water' quality management standards. Utilities - T11e existing pause and office are corrrrected to City sewer and water services, Streets/ Access/ Circulation -Access to the site will remain at one Iocation onto Lexington Avenue (County Road 43). Modifications to the entrance on private property are proposed, SUMMAR'SC/CONCLUSION The function of the site will remain the same. The applicant has stated that the proposal improves the internal functions of the site, modernizes the facility and provides additional options to the customers, such as covered parking. City Policy~nalcers should determine if the proposed phased improvements constitute a need to bring the site closer to compliance with City Code requirements iri relation to green space and impervious surface coverage, through parking lot improvements with planting islands andlor other storm water infiltration features,. Also, the use is located on tluee lots located within two separate zoning districts. This is atypical and staff is suggesting a replat of the pr°operty is warranted as well as a rezoning so that the use is an one lot and in one zoning district. ~~ PIam~ing Report - EZ Air Park Apzil 22, 20U8 Page ~ ACTION TO BE CONSII3ERED To recommend approval of a three phase Planned Development Amendment to allow: • Please I: an additional exit lane and a cashier booth, along with related equipment and a canopy; and • Phase II: a 987 square foot office expansion; and Phase III: covered parking an the first SO spaces in the northern mast row of poi°king. For property located at 28Q4 Lexington Avenue, legally described as Lot 7, Plainview Addition in the SW '/a of Section 2.. Tf approved the following conditions shall apply: 1. An Amendment to the Platuied Development Agreement shall Ue executed and recorded against the pr°operty at Dakota County. 2. The property shall be platted into a single lot and the appiicanfi shall apply separately far a rezoning of the property sa that there is only one zoning on the property. 3. The Applicant shall provide a revised Site Plan to provide details such as existing setback infozrnatian, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information. 4. Signage shall comply with City Sigh Code requirements, S. The lane operation and parking canopies shall be identical in color.. 6, The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. 7. The canopy Iights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. 8. The Applicant shall provide a t°evised Site Plan, prior to receiving a building permit for the covered parking canopy improvement project, which provides additional green space and traffic safety improvements through the use of parking lot islands per City Code requirements. 9. A building permit shall be obtained prior to constriction of the lane canopy, the office addition, and the carport canopy., y~ Loc~t~®n Map Eagan Boundary i21gMt•of•way ~ParkAaaa !~ Buiiding Foofprlnt U ~1 ' J ~~V" '~~ .. . ~--. 1 ~ ~ n~ ~:~9 -~ M~- { ~ ~ ... .. C ~ ~ . ~~ ~ ~ o ~ ~~0 ~ o `'~b Subject Site ~ ~ r ~ ~ , a o ~ _ o ~~t _ ~ ~ . ~ ` ~ ~ ~ ~' p ~ ~ _ ,~ ~ ("J ~ c z ~j l~-. <~ , o ~~ \ ~~ a .p Q a 9 ~~ o ~ ~M d ~ j `~ o a = / Q~ - Q 1 - u - -~ 0 .. ~o V L °~ ~ ~ Vim/ f 0 D ~ ~ / ... ~ / ~ V ~~ ~ C~ ~ y ~ ~ ~ .1 L-- ~ , ~ ~ v /o ~ I ~ ~ _ 08 Q O a. ^ r =~- ~~ `- ~ {3 ~ a 0~ ~ ~ ~ ~ , ~ GI.I.K~4b MNf Ot11N4) C1I.Il MP]~IaMf WiW o n p ~ a~ ~ f p o , p ~ ~.:: ~ .. , .~ ~~ ff ~ ~ .~ L~ ~ ~ ~ ~ 4 ~ ~C7 ';;. O - p ~ _ ~~ ~: ~~ 17 ~, ``l ~0 OFq r ~_"- ~ ~-," 1 ~ I n n ~ ` V" e Q ~ .R:; .~ .. `~-' Q ~ - -- i I~ ~ ~ I o J I w ~P - ~ ~ - - .J C_- J o •"-..,. d i Q O ~~ ~: ., 0 0 1000 0 ~~p~ 1000 200D Feet Development/Developer: EZ Air Park Application: Planned Development Amendment Case No.: 02-PA-05-03-08 ~~ N City of Ea~a~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and gakota County do not guamntoo the otcuracy of this information and arc ~Y E S Communiey oovolepmont paportmnnB not rosponslbie for orrorS or omisslons. Currenfi Zoning and Comprehensive Guide Rian ~z Air Park Land Use Map Planned Develapmenfi Amendmen# 02-PA-05-03.08 Zoning INap ~ ., ~ - . siq $ Bp 8P $ ~ ,~r A No e~ BA w ~,,.. ` ~4 sP Current Zoning: Location BP li PD Planned Development ~ ,r4~ ~~ ~~MM ~ tib , as ~4 pD / ~~ BP l11 (Y/^ i 1•i 9P x h Y v 0 ~ I.t x I-1 a 0 aoo o eao tzoo r.a C ~ °u Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial 00o a aoa ~aao r..< ~ ~ ~~ ~!?•c~ patrol bo.o map InfarmaUan ptorfdad 6y 6akota CoVnty Land 8awoy napatlmant OaCmbor P005. ', XonlnO fnformattoa malntalnad dy clty 8tan• ~~~~ llIG~ ~! UU~Ii[~ THIS MqP IS INTENDED FUR REFERENCE USE ONLY ~~ ~ Tho City of Eagan and Dakota Caunty do not guarantno tho accuracy of thEs [nformatfon. 5 r ~/ n 0 b ~. o~ _~ N O O G1 b 7 %~ I c-_ Q { ~CI"i --~ -} ~ ~ J _ E 1_ I {_ +f I I { I ~ i I ^~ i ~I~ Q -- - ~.- y I{~ a o ~ __ __ JJ( a _ ~ D I---~ - ~ (~~ C ~ ~ ~ -mot ,~ T; I'~ - J ~ r -, a _ =~ - ^~ a ~ ;. 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OZ ~© ,~ ~m N~ S~ m0 r 1 O Cr n OG9 Y'~2 _c~n~ ~vj m rp ~rn m -~ ? ~ c z m x n.i ~ x z -~"-, ~ z v ~ a W ~ a ~ c> i G7 x r~i 0 N L7 z om ~~ cis z ~ m ~~z zoN z =mo z ~ ~ ~ "~ I -m-~ v O r r r7 a `^ 0 0 v -~ CANOPY ELEVATIQN 99 +.kmPJ.r.t~~~tT~MiW ~Yll.1p ?P~ 0 x ~~ ~~~ S~ i OFFICE ELEVATION j ~~~ g ~ 4 ~ X p~gd ~ _ ~R~~~ ~ i ~~' F ~ ~ m O m 0 70 I ( ~ ~ ~ ~ 5 F°a~ ~~~~~~ § ~~ ~~g 9i~ ~ o < / ~ ~z '50 < ~ ~ ,~ Q ~ O ~ ~~~~~b ~ g6Cy ~f"~~ ~ ~T~ ~~~ z O z D E R m 2804 Lexington Avenue • Eagan, MN 55121 (651 } 454-1302 fax (651) 681-0710 www.ezairpark..com PLANNEn L7EVEL,(~PMENT AMENDMENT Narrative: What we want to do: timing/abasing: EZ Air Park is proposing to upgrade and modernize it's facility at 2804 Lexington Ave in Eagan. This upgrade would involve tlu°ee phases over the next several ,years. Phase 1 would be undertaken during the summer of 2008. This phase would involve adding additional exit lanes to the parking facility. There would be an additional cashier booth added, along with related parking equipment such as ticket spitters and gates. We would also erect a canopy to cover a portion of the exit area to protect customers and cashiers from the elements. Phase 2 would be constructed during the summer of 2009,. This phase would involve the expansion of the existing office space to include mare office area and additional indoor storage° Phase 3 would be constructed during the summer of 2010 or later. This phase would invalve the construction of a covered parking area on the first 50 spaces in our row number 1 on the north side of our property. Existing_land use on property: The EZ Air Parlc property that these phases will occur is currently zoned as a planned development. The current usage of the property is an off site airport parking facility and has ~~ been used as such since 1985. 5ur-~°ounding land use and zoning within 600 feet: The surrounding land and zoning is residential to the south, and limited industrial to the north. Impact does the development have on the surrounding property and land usaue: The surrounding property will be unaffected by the upgrades at EZ Air Park. The property will continue to be used for off site airport parking. Impact does the development have on the subject property: The property will be unaffected by the upgrades at EZ Air Park. The business will benefit by being able to increase its efficiency of the operations while /providing additional management /~/ /D AIRP®RT PARKING and employee space. Our customers will benefits by the addition of`a covered parking option and a protected exit area. Impact does the planned develo~znent have on city services: This upgrade does not require any additional city services than what it is already receiving. Does the requested land use proposed result in a better use of the land?: The proposal will give the business a fresh and updated look while providing customer and employee benefits with the expanded exit area, expanded office space and a covered parking option. Public benefit of the proposal: This pz°oposal will provide public benefit as the current use and the planned use are to remain the same, The public benefit is that EZ Air Parlc provides the local and regional citizens an alternative airpork parking solution both in readily available parking spaces and a cost savings in comparison to parking at the aizport, )/xterior Li l~g_plan: No upgrading of the lighting at EZ Air Park is being considered at this dine. Review of Cuzrent lighting levels is now being studied. General radin /dg raina~e/erosion control: No changes are expected in this section. General landscape plan: No additions or subtractions to existing landscaping, Tree Preservatioa~ plan: No loss of existing trees Wetlands invento /re laeernent lan: No on site wetlands, na changes planned ~~ /Oa Agenda Information Memo May 20, 2008, Eagan City Council Meeting PRELIMINARY SUBDIVISION (LUNDBERG ADDITION) -TERMINAL DRIVE LLC ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create two lots upon approximately 3.3 acres for property located at 3195 Terminal Drive in the NEl/4 of Section 8, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The property was platted in 1964 and contains an 8,000 square foot building and a 150- footmonopole which was approved via a Conditional Use Permit in 2001. - The existing building and monopole, located on the northwest portion of the property, are proposed to remain. - Access from Terminal Drive to the south. - The Applicant is proposing to subdivide the 3.3 acre lot into two parcels, both exceeding the minimum lot size requirements. - Future development may provide for a shared access to Terminal Drive. - Cash water quality and park and trail dedications will be due at the time of Building Permit. - The Advisory Planning Commission held a Public Hearing on Apri122, 2008 and is recommending approval. ISSUES: None 120-DAY AGENCY ACTION DEADLINE: Deadline expires July 16, 2008. ATTACHMENTS 3 Location Map, page Draft Apri122, 2008 APC minutes on page ~ ~~(~ Staff report on pages,~d~ through. (o~J Eagan Boundary Right-of-way Location Map o Parcel Area Park Area Building-Footprint Qo 7 4] po a fl ~P d o; o o .o~ o d o a o o Q o ' a o 9 Q o w o~ ~ a ~ 20' q° Q ° a ~ ~ O ~ p o 4© d 4 p o0 0~ o a ds- C' ~ ~ ~r p A Q ~ P ©~ ~~ 4~ 0 9 {1 3 D E p CJ {] g ~ ~ _~ ,!~ © agp r d ° n taQ• e 0° Q 0-- `~ o..po6q qO4 O~ o ro 4 ~ ~ Subject Site o ~ ' ~.,~ 4 ® pC1~®~ ~ 00 ~~ ~~ - c~ ~ p P (~ \. f- J - ~;7 ` ~ ` oC7 C7 a ~ Q 9B~° ®®~ ~~~ OD ~~ s -, ^ ooQ ~ o 0~~0~ ~ ~ - 0 ~d ~ o a o ~~Q ®~ a ~p b Q ~ o Q - 4 a o ~~ ~ ~; ° p ~ o c~ a =D• o o ~ ., n°o ,~ p = a O° 0O O ~ ~ ^~1 °~,~ ~ ~ 0 00000 ~~® ~ ~ ~ ~ Q ~ j ' ~ d o0 o0 4~ , .. , , : ., - -_ o COI/NTY ROAD NO. 26 (YANK[! DDODLC ROAD) ' ~ ~ [ lJ `~ 9 D ~ ~ x ICQpi -I ~ _ 6 °° ~, D o oa o ~ t f ~ 6 - p ~tl-0" Ll~~~,~®o b ` ~p~ ~ ~ D p t ~ 1000 0 1000 2000 Feet Development/Developer: Lundberg Addition Application: Preliminary Subdivision Case No.: 08-PS-01-03-08 N Clt~ of Ea~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 Community Development DepaKment not responsible for errors or omissions. D. Lundberg Addition Applicant Name: Terminal Drive LLC Location: 3195 Terminal Drive; Lot 2, Block 1, Sibley Terminal Industrial Park Application: Preliminary Subdivision A Preliminary Subdivision of 3.29 acres to create 2 lots. File Number: 08-PS-01-03-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated April 14, 2008. She noted the background and history. The applicant stated he was available for questions. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 3.3 acres located at 3195 Terminal Drive in the NE '/4 of Section 8, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1 and E1 2. The property shall be platted. 3. The developer shall provide private ingress/ egress declaration, allowing for the shared access, for review and approval of the City Attorney. 4. Future development of this subdivision (i.e. parking, outdoor storage or building construction) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 5. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Building Permit. 8. The rain garden shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. 10. Future development of this subdivision (i.e. parking lot expansion, building construction) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. ~~J~ 11. This development shall achieve no-net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS) loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development at the time of Building Permit. A vote. was taken. All voted in favor. Motion carried: 7-0. Ise PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2008 APPLICANT: Terminal Drive LLC CASE: 08-PS-O1-03-08 HEARING DATE: April 22, 2008 PROPERTY OWNER: Terminal Drive LLC APPLICATION DATE: March 19, 2008 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Thomas LOCATION: 3195 Terminal Drive COMPREHENSIVE PLAN: 1ND, Limited Industrial ZONING: I-l, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 3.3 acres located at 3195 Terminal Drive in the NE '/4 of Section 8, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited. to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. /~7 Planning Report -Terminal Drive LLC Apri122, 2008 Paae 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerlc hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property was platted in 1964. The existing 8,000 square foot building was constructed in 1990. A Conditional Use Permit (CUP) to allow a 150-foot monopole was approved in 2001. EXISTING CONDITIONS The site is located west of Hwy. 13 and north of Terminal Drive. The property contains an existing 8,000 square foot building in the northwest portion of the site, which was constructed in 1990. A 150-foot monopole was constructed in 2001 and is located northwest of the existing building. Parking areas are located to the south and east of the building. The eastern portion of the site is open. ~~~ Planning Report -Terminal Drive LLC Apri122, 2008 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Warehouse I-1, Limited Industrial lIVD, Limited Industrial South Vacant I-1, Limited Industrial IND, Limited Industrial East Service Garage I-1, Limited Industrial I1VD, Limited Industrial West Warehouse/storage I-1, Limited Industrial 1ND, Limited Industrial ' EVALUATION OF REQUEST Proposal -The proposed Lundberg Addition subdivision results in proposed Lot 1 containing the existing Overhead Door facility and proposed Lot 2 is vacant. The applicant should note that the establishment of outside storage on Lot 2, will require a Conditional Use Permit and a shared drive aisle as shown on the preliminary Site Plan will require a Variance. Compatibility with Surrounding Area -The site is located within an industrial area and surrounded by other industrial developments and property. The nearest residential developments are east of Hwy. 13. There is no new development proposed at this time, and any development should meet all Limited Industrial (I-1) zoning standards. Airport Noise Considerations -The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site is within the applied Noise Buffer Zone. Industrial uses are considered compatible within the Buffer Zone. Lots -The proposed lot areas are Lot 1 = 1.72 acres and Lot 2 = 1.57 acres. Setbacks - I-l, Limited Industrial setbacks apply to both lots. Minimum required building setbacks are: front = 40 feet, side = 20 feet and rear = 20 feet. Required parking/pavement setbacks are 20 feet from a public right-of--way, and 5 feet from other lot lines. l~ Planning Report -Terminal Drive LLC Apri122, 2008 Page 4 Site Plan - A preliminary Site Plan identifies a possible development scenario for Lot 2. Development, as depicted, would require a CUP for outdoor storage as well as a Variance to allow a shared driveway to run between the two interior property lines of Lot 1 and Lot 2. However, there is no development proposed at this time. Green Space -Standard I-1, Limited Industrial requirements of a minimum of 25% would apply to both lots. Gradin Topography -The site is generally open with wooded areas in the northern portion of Lot 2, and the overall site generally slopes to north and west. Utilities -The existing buildings on Lot 1 is connected to City sanitary sewer and water main service, with modifications necessary with the proposed subdivision. Storm Drainage -This development proposes to construct various rain gardens throughout the site to control the volume of storm water runoff from the site. The rain gardens should be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer should enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of these rain gardens. Access -Lot 1 currently has driveway access to Terminal Drive to the. south. A shared access onto Terminal Drive for Lots 1 and 2 is proposed. The developer should provide private ingress/ egress declaration, allowing for this shared access, for review and approval of the City Attorney. Water Quality - An existing business development occupies one portion of the proposed subdivision, while the other portion is undeveloped. No City water quality requirements have been met previously for the entire parcel. Therefore, the following City water quality requirements (according to 2007 Water Quality and Wetland Management Plan) are now relevant to this development proposal: 1. There must be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 2. The first one-half inch of stormwater runoff from any rainfall event from the entire site must be infiltrated. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. soil borings indicate unsuitability for infiltration; b. infiltration of the equivalent runoff volume is accomplished elsewhere within the same City subdrainage district; 11D Planning Report - Ternvnal Drive LLC Apri122, 2008 Paee 5 c. potential of groundwater contamination exists due but not limited to such variables as: • geology that exposes aquifer vulnerability (e.g., karst, shallow bedrock, etc.); or • land use that causes high pollutant and sediment levels in stormwater (e.g., industrial areas, high vehicular traffic rights-of-way, etc.); or d. other circumstances that may affect feasible and prudent implementation. 3. This development maybe subject to cash dedications in lieu of the above requirements, at the City's discretion. The developer proposes to meet City .water quality requirements through a combination of practices located in the north and south sides of the site. Each infiltration area is preceded by a combination of grassed swales and sedimentation areas prior to discharge into the main infiltration areas. Wetlands -There are no wetlands associated with this proposed subdivision. City Code § 11.67, Wetland Protection and Management Regulations, does not apply. Tree Preservation -The initial plans submitted provided a tree inventory based on individual trees. According to the City Forester, "A Tree Preservation Plan has been submitted with this application, and has been reviewed and revised by staff (non-significant trees have been removed from the inventory). The revised plan indicates that there are 23 significant trees existing at this site. Tree species include cottonwood, elm, ash, maple, cedar, and spruce. Tree diameters range from 6 inches to 36 inches, averaging about 14. According to the Tree Preservation Plan received, 19 significant trees (82.5% of the total) will be removed. The City of Eagan Tree Preservation Ordinance sets an allowable removal for this type of development at 30%. With a significant tree removal greater than the allowable, there is a required tree mitigation of forty-four 44 Category B trees associated with this application". Future development of this subdivision should comply with tree preservation and mitigation requirements in the City's Tree Preservation Ordinance in effect at-the time of development. Mitigation trees are required in addition to other landscape requirements per City Code. Parks and Recreation -This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot based on the rates in effect at the time of Building Permit. Planning Report -Terminal Drive LLC Apri122, 2008 Page 6 SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 3.3 acres located west of Hwy. 13 and north of Terminal Drive in the NE 1/a of Section 8. There is no new development proposed at this time. Existing easements should be maintained with the proposed new plat. Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. The site is subject to cash park dedications for future development, and cash trail dedication. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 3.3 acres located at 3195 Terminal Drive in the NE 1/a of Section 8, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, Cl and El 2. The property shall be platted. 3. The developer shall provide private ingress/ egress declaration, allowing for the shared access, for review and approval of the City Attorney. 4. Future development of this subdivision (i.e. parking, outdoor storage or building construction) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 5. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Building Permit. 8. The rain garden shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. ~0a Planning Report -Terminal Drive LLC Apri122, 2008 Page 7 10. Future development of this subdivision (i.e. parking lot expansion, building construction) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 11..This development shall achieve no-net increase of Total Phosphorus (TP) and Total Suspended-Solids (TSS) loading or meet removal performance criteria of 50 percent TP and - . 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any.rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development at the time of Building Permit. I13 STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final. plat approval. B. Easements and Rights-of-Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-af-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. .Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. I l4 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication This development shall be responsible. for .providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 LTS#5 STANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 ~l //6 ~ I Eagan Boundary ~ ~ ~~' ® ® Right•of-way ~ Parcel Area P k A ^ ^ N V ar rea [~i Building Footprint D ~° 9 O D PO d fl£~Pd o; a ^ o= o n o p o o Q^ 0 ~ o(~ 9 Q ~ ~ ~ t o, ^ J o' rJ ° O ° a ~ G_~ r~ o Q ~~ ~~ ^ fl ~:Q , ~ aQ ~ P ~ @ P ^ q ~ L ~' a Q E s g ' ~ • I} ^ F, o t ~Q' ~! d Q d Q ~ V o , c ~, ~o Subject Site Q ° ~ °~~` °6qo Q[7 O~ ~ 4 4 ~~ ~ ®®~® ~ O Qt / / ` ® ®~^® Oo oumw ~ \ V 1\ ~~, 1~ tl f ~p ~ /~j ~ \ ~ ` ° Q /l s/ ~ /, ~ ~j' (1 ` ~/ ~ 53 ~ ~ , , ~, ,~ 8 _ C (~~ J 0~ ®® e oo \? W ~ ~~ o ~ 0°q R ~ ~al~dt_1~ ~® t ` O~ ~~ © o ~ ~ `° ~ 0 .-~ ~~~ `~ ~ ~ ~ b o ~~fl ~ °4 p ° ° `~ ~~ ~ D ~ ~, I ~ 0 ~. ~ Q~ ° o ov ° ~<o Q~ ~~ ~~ ~ o ° ~ .~ ~ ~ ~ ~, U ~ o~ o°O ~ o ~ ~ ~ 0 d p s ° ~ s a ~~ °° ~ ,~~ ~ p n o o ~®®®® ®~~ ~ ~ ~ ~ -~,. ~°~ ~ \~ 4 C, ~ op a ~ opoo~p~ ~ ~ ~~ ~ ,~ ~J ~J~ ~i ~ 90 a ~e o ))) 6 ~ ~~ ~ M ~ ° ~ f7 0 ~ d ~ ~ oo ~ ~, ///~~~ ~ COUNTY ROAD NO. S8 (YANK![ DOODL! ROAD) d ~ 4- ~ . a o~ ~ / ~ / ~ '' o ~- o ggg ~~ ~~Q w ~.~ r0' j P `~~ / ~' ~~ ~ °r,L o N `O'2`yl ~~ 4~ V ~ p ~~ ~ II 1; pNe ~~ ~~ ' aoo ( g,~P L L 6 6°~ y 1 8 ~ o ~7 ddO 6v d _ e '1 ~~ ~ n 1000 0 1000 2000 Feet Development/Developer: Lundberg Addition Application: Preliminary Subdivision Case No.: 08-PS-01-03-08 c~~ N Clty of Eo~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan an d Dakota County do not guarantee the accuracy of this information and a re S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Lundberg Addition Preliminary Subdivision 08-PS-01-03-08 Zoning Map ?°. R''I I'~ f t = Current Zoning: a Q ~ R-'I Location Limited Industrial E ® R-3 ® ®®® I-1 ® RD R-4 3 tmm5~ R3 I.1 ~ ®® R3 -~ ® ® P 600 0 600 1200 Feat / ~'''~~q ~~' ~ O Comprehensive Guide Plan a `° °` ~ ~ `° P d d fl aP ,. o• a Land Use Map p 4 ~' 6 © a O 0 / a ~ Q ' q ~ ~ n 1 1 ~/ 6 9 ° ~ _ ° 6 © © 4 ~~ a '~ ~ 4 { a~' ~ fir' P > ~ f e ~ ~~~ Q Q Q ~ ~ B j , ° © ~ ® b E~ P iJ D 41 t3 o ,.P a d ~ Q ` e ~ b C t L d U D i i urren an se es gnat on: IND Limited Industrial ~° !,N i~ ~ ~ o ~~ Location LD ~~® ~ ®®®~® °` ,^ n ~/~a HD ~, H~ © ~ £~~ \ j~ ... ~ MD IND LD _ ..3~ ®®® © i 7 tJl~~~ ®NIp® ~ ~~ ~. 600 0 600 7200 Feat ~ ~~ , I I ~/ F~j.+ © ~ '~',- ~ ~ ~~® , Pareef base map information provided by Dakota County Land Survey Department Decmber 2005. ' 7 Zoning information maintained by City Statt. N •~~ , (~ t f q qn C ~ ~ ~ (7V/` W~ E ity ~l (1~Qll THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 3 n ~_ ~' f,.f.~ 9 ~~ ~- !~ ,~~.. ~~ f V^P pr°F' 4 ~,e _-^4iJ~~ o'3m VHF ~.~"~_~~ - p er e' I~ \`j~r '~I•d ' _ _ y, _ a~ :~-r ~~' . ~ Lam' ; P~' '~ 9 ,.. ~ ~~ I ~ ~ ~ \ ~' III ~ . t L I& ~ _ 1 ~ 1 ~ 11~ I/ I ~ ~ ~ww...~ by ~ 1` - ~^~rJ%~ l J .• _ Ir L '1,J "'~~ ~' # v t i 6~ - - ---- - '~~ -may---~----\~, ~~ lI l ~~ .IY I ~~ e i ~I v ~ r i '~ ~/`'' .~ \ I ~ V ;~ I~ l ~ I d'~ / r '4 _ ~ ~\ ~. 1^-.y ~` ~ r^ 6 I 1, F ~ / // .F+i of e~ °~no- ~SZJ cOt °j p. 90"5•, •4c cm ~ °~ ,Qi .°.~ O .,_. Y~y is =oort• u3 Z3 ~~ O A A _~ n O ° _ _ _o ° O v o A >; :--z-~--- S J Q oC R ~3G fD 4 sp ~~s Q 3 ~ _ ° - a n p m~ ~ ~ 0 3 g A ~ ° i°at 3 o D '~8 [ -v ~ ~3 i A ~ N N ~ j '3 _~ •.ti _ ~; 6 #I ~~~~~°F c° ige f~illl ~#0 oO:6i it me F00 ma off'' ° e~o~o oe~gl[- "~" : c 63. i? cam.- u^1J~ -~- ~ ~Q ?~ ~ II GmI [~ " F s~ . ~~ a 5 0~' ~ 3 3 p I / ~~ J~7/ 1 ~~ / ~ .`\~ `• 4 ~a~ •~• ~ A`\.~ / III ~S~ , ~ 1 :mh n apz ;OO I10 ~• i J 5` ^~/ />v ~ l ~~:"~PSIp ~/ J~ ; ~ "\,_ _ ~ ~~; ~, -~__ , _ ;I I l ~p''1 ' III m b~ I a ~jE•' _ ~I ~ /,~ \ I ._` \ I I / .-• •~ ;',-, _ ~~ ;` _ 'b ~ P i :-z-~ ~R°' :S c ..-- o s: cgs B; BgS ~ e~ ue_ Q ~ 3' _ 3 _ ~o - Fe ~° 20 ~: ~R ,~ ~ 8w s ~+ 5€ ~3~ 3 = 3^ o~E ~ " 2 _ Coc u Iy 3g g~R & ~~ _ .s 4 Y ~i~^ a Se ~~- ~ w4 a ~:g <e ~ s a PRELIMINARY PLAT _o W Vt ~ ~ z ~ j' ~ °_ ~ 3: o~~ <' ~ `° a oo° ~- 000 ~• 2 m n m m 6 ~-- krn Fz n m °o ~m _~ ~D ~__ i ___C-_ E~ A m~ 8g / RS a ~ e~ ~ ~ i ' i ' ~~ i ' • / 9/ / y~ ~ ~, -~ ' _-'" ~__~ Z ~- ` ge -~ '~ ~~ D ._~._~~~ mq eo r- -`~ ~ ~R u ~. 0 a • ~~;,~.« 422.10' ~ r - _ _ _ a _-_-_-_-_-_-_-_~T--- _ ~ ,,,~ _ g~N ." ~ / ~ ~ n' / / ~~ ~ a \ ~ C ~~ ~'-%~ Qi~ ~~~ 9~3; 4~'? ~~ s i ' i ' .,_~:~ ~~ X m C 5 ~ 1,~ ~. ... , `, .~- .~ / ~ " -------- \ --------_~ _N _ s` ~ / // ~~~ ~ / °. ,\0 ~ ~ ~ k~a / / . V / ~~ LY /~ g 0 °• ~'_°• moo' ~ ~ O ~•,_,1' 'c ~s ~qm ~\ ,o / /c - • ~_°. \ ~ ~ ~ `~ > / \`" cZi / // ~~ `•'N g~~-~'q~~l ~g'~°c~ S 4<~~\-~ ~ S ~ ~ ~ ~ / o~ X0'0 ~ Tg8 e~e~~ ~~s ~~T~ti~~ J8 0~6' v\~ T~ ~ / , `-/ / Gv~~ ~~ e ~ ~ 857• w `~ _,~ l ~ ~•. Z goo ~~m°~~ s ~ ~~~ ~\ `-!~ ~1~"'~:- x~i~~ ~Q // l/~ ~a "" ~ ~ _ • ~NCEPTUAL--- SITE PLAN- • • ~' • ~ _ ~ s m Y iT Proposed Building ~ ~: ~~'~~s~~~ '` Z ~ ° F m ° ~~ FINAL COAT PAINTING, INC 0 ~~~~`s~~ ;`F° =9 ~ ~ x E' E ~ Y ~?9 A~g~ ~_ m ®~ ~ z ~ _ = } Eagan, Minnesota ~ ~9F~g ~ ~~ r ,~ R ~ i M - Ti~Y--. tr ~`'r ~ ~ i C' ~' _ j ~ mot`?.-5t'~ r~~ T / .Tt ° f~. `~,ar '~*'i ~j _~. r ~ i - ~r t ~+^~ .~-- _ - ~ _~ - _~- ~;, ~ s• ~: ~ F ~Z x~` ~ E _ ~-- " r ;~a .~y .-.471"., ~.. v ~titi:.lll -. y' { r 1t _ t i S ~ a l! Yr ~~.1`_f h'.y 4.. r_ A ~~ ~ ' " ,, ~ a '. ~ ~~~ F~ ~,- aF ~u j4 r f { ~~. - ~.f'~i ~ .z- }t } ~4_ uF ,,max' a~ ' i 3 y ,~ w~. ~ F . a I I <!~ i ~' ~;~` x7 ~`,\ z ~.. f ,. - ~:, ' ,, - ~~~ ,. ,. r -. ~ ~. AERIAL 1~~ ~/ .~± ~S -` fp ter.: l .ti ,~ 1k~, ~, Yj ; ~~ ~ ~. ~ ~~ , Erg. r ~ .~~ .aCf.. .~: ~ r ~,, _ zr ,. ,. 3 $ 1~f ti.- F ' y#y t ~ ~- 4~ '~ -.lw-~ ~. ~` _- ~ ~`*' ~' w ~r a is _ 'e ~ ?~~.. .~ ~ , ' ~. r ~ ^~ ~ ~ a - ~~•'~ + ~~ d S~ ~~1~ ' r. {.~ y i' ._. ~},F ~ ' ___ f E'l'i Jj ,. +~1G'~~'iY ~~{4 .,,I, A 3 ~ ~. ~ ~_ L. _ t 5 ' rt -~ if ~ ~ - i~ ~~: .-4 .! ~ 3t v ~ ~ ~ I~r ~; "` ~ r x ~~ _ ~i a- ~ _ ' Z --~ Terminal Drive L.L.C. 3195 Terminal Drive Eagan, MN 55121 651-683-0307 March 12, 2008 City Of Eagan 3830 Pilot Knob Road Eagan, MN 35122 RE: Preliminary Subdivision Application Written Narrative Proposal • Comprehensive Guide Plan. The existing lot, Property Identification No. 10-68050-021-O1 is approximately 3.29 Acres. The existing building on the property is 8,000 sq. ft. The building is located on the Western edge of the property adjacent to the western building set- back line; the building is set back 270' from Terminal Drive. Additionally there exists a transmission tower located directly behind the building. The proposed plan would divide the property by approximately 50% and create an additional buildable lot of 1.57 Acres. (lot 2 on the Preliminary Plat of Lundberg Addition enclosed) The existing lot would be approximately l .72 Acres. This would create two lots and would be within city zoning laws for size. This Property has been designated as "Underutilized Non-Residential Property" by the City of Eagan as referenced in the "Comprehensive Plan 2000" adopted 2/20/2001. (Figure 2.4 & 10.1) Thus, this proposed subdivision would address the issue of the "Underutilized Non-Residential Property" • Zoning Classification Currently the land is Zoned I-1 (Limited Industrial) The new proposed subdivision lot would be Zoned I-1 (Limited Industrial) also. • What we want to do: Timing /Phasing The timing of this proposal would follow the city of Eagan's timetable, with the hopes of completion in 2008. The completion of the proposal would depend on timing of approvals of all parties involved. Time is of the essence as the proposed Ida° t~ ~~~~~~1F~ ~~~~ ~ ~ ~!~~ new building would need to be "under roof' before the winter season if possible. In addition, a proposed shared driveway accessing both properties has been discussed as well as a shared pond for water retention as identified on the building plans submitted by the new owner of the proposed lot. This would also create additional green space. • Existing Land Uses on Subject Property. Currently the land is utilized for the current building: which is approximately 8000 sq. ft. as described above. In addition to a cell phone transmission tower on the rear portion of the property, this is currently leased to AT & T. The proposed subdivision lot is currently vacant which has a few trees and grass. It is Zoned I-1. • Surrounding Land Uses and Zoning within 660 feet. The property is located in the "Sibley Terminal Industrial Park" adjacent to the "United Stationers Addition" Industrial Park to the North. All properties within the 660 range are Zoned I-1. (Limited Industrial). Hwy 13 runs to the east of the property but it is not adjacent to this proposed lot. The proposed subdivision does not fall within the State right-of--way. Additional Information Requests should be directed to Jim Lundberg, Owner) Jim Lundberg Treasurer Terminal Drive LLC 3195 Terminal Drive Eagan, MN 55121 651-683-0307 ofc. 651-683-0625 fax 612-363-3711 cell Email: JimLna,Ohdnld.com Ida AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN CIPAL CENTER MAY 20, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEV6V BUSINESS 1. APPROVE Resolution to Approve Redevelopment Plan, TIF District and TIF Plan for TIF District 2-5 in Northeast Eagan F. OTHER BUSINESS G. ADJOURN ia~ Agenda Information Memo Eagan Economic Development Authority Meeting May 20, 2008 NOTICE OF CONCU NT 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. CAI.I, TOO E ACTION TO E 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 the Consent Agenda as presented or modified. ® MIND S -The minutes of the May 6, 2008 EDA meeting are enclosed on pages lam TES F A 1VIEETIG F' T E SAGA EC®N C I)E I,I' l~T 1-1IT'I' D 'I~~' Eagan, inner®ta May 6, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 6, 2005 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, and Commissioner Tilley. Commission Bakken was absent. Also present were Executive Director Hedges, Public Works Director Colbert and City Attorney Dougherty. A GI'T AGEI®1A Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 C®NSE1~T AGE A Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of the April 15, 200 EDA meeting. I,I~ BiTSI + SS SGITT AST EAG EVEI.,®P N'I' IST CT CNSII)EII EXTENSI®l~t GI' TI I,I FDR l)IST C'T CEItTIF'ICATIQI®1 Community Development Director Hohenstein discussed the TIF district certification timeline extension requested by the developer. He noted that the developer has indicated some reconfiguration of the current subdivision boundaries may be necessary due to on~ going negotiations with a grocery tenant that would anchor the development. Commissioner Fields moved, Commissioner Tilley seconded a motion to extend the deadline for the completion of certification of the Southeast Eagan TIF District. Aye: 4 Nay: 0, NE BITS. ESS There were no New Business items. ®T BITS ~ SS There were no Other Business items. ~~1~ President Maguire moved, Commissioner Fields seconded a motion to adjourn the EDA meeting at x:40 p.m. Date Thomas Hedges, Executive Director la7 Agenda Memo Eagan Economic Development Authority Meeting May 20, 2008 1. NORTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT #2-5 AND TAX INCREMENT FINANCING PLAN ACTION TO BE CONSIDERED: To approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax Increment Financing District No. 2-S therein and Adopting a Tax Increment Financing Plan for the District. FACTS: • At its meeting of April 1, 2008, the EDA requested that the City Council set a public hearing on June 3, 2008 for purposes of considering the decertification of a portion of TIF District 2-4, which had not yet experienced redevelopment activity, and to consider the formation of a new TIF District 2-S, which could be used to support new redevelopment activity that may occur in the area. Prior to that hearing, it is necessary for the EDA to consider the Redevelopment Plan and related documents and adopt a resolution in their regard to the City Council. • The City is at a point at which it has the option of continuing District 2-4 in -its current form or recertifying a portion of it for two purposes, to align the District term with the new TIF expected to be created by the Blue Gentian Corporate Center and to create an additional five year window for the potential assistance of a project in the portion of the district south of Hwy SS. • The City's current development agreement with McGough provides for the City to provide public financing assistance in the amount of 7S% of the tax increment generated by the Blue Gentian office project up to a maximum of $3.8 million. The amount of assistance was based on a review of the project pro forma by Ehler's and Associates, who confirmed that extraordinary costs associated with the acquisition and assembly of previously developed properties, their demolition and the construction of a parking structure to support a 261,000 office building created a financing gap of that scale. • The agreement to provide this level of assistance was based on an original projection of TIF to be generated if the project were constructed earlier in the life of the district 2-4, such that tax increment from the project would be created and captured far much of the 26 year term of the district. As the Council is aware, market conditions as well as the time taken to complete the acquisition and assembly of the site caused McGough to postpone commencement of the district until this year. As a consequence, if no modification is done to the district, the loss of five years of increment and the time value of that revenue flow would now be roughly $2 million with 7S% available to the developer being $1.S million. The developer has indicated that the extraordinary costs of the project are as great 1~~ or greater than they were when the original pro forma was prepared and they have asked the City to consider alternatives to provide a level of increment at or approaching the $3.8 million estimated originally. • The City has the option of decertifying the portion of TIF District 2-4 that has not redeveloped to date (the portion of the district not including Grand Oak and the Atlas/LI-Line building) and recertifying it as a new TIF district, because the conditions that caused the district to be formed originally, the level of lot coverage and the percentage of substandard structures exceed the thresholds necessary for a new district. • If a new district is created, the City also has the option of electing that fiscal disparities be paid from outside the district rather than inside it. District 2-4 currently pays fiscal disparities within the district. If an election to pay fiscal disparities outside of the district were made for a new District 2-5, the tax increment generated by the district that would be available to support the McGough development would approach the $3.8 million previously estimated ($3.5 million, with no inflation) and a larger balance would be available to pool to other City redevelopment districts. Additional information regarding the fiscal disparities election option at the time of the public hearing before the City Council on June 3. • Background concerning the district and plans is outlined in the attachments. ATTACHMENTS: • Location Map on pages throughf ~ • Summary description of district on pages through • Summary of substandard conditions to be distributed on Monday. • Consultant's But-For memo on page • Resolution on pages throughQ • TIF Plan and Redevelopment Plan enclosed without page number. ~a9 a v y ~ N ~ _ o ~ ~ a ~ v N Z' ° w .~ H ~ ~ N b y C. m ~ ~ ` v ~ ^~ ~ N ° d ~ a m m ~ ~^~ .w~. ~ L LL °' ~ -, ~ _ - d~ ~~ ~ J zi 1 ~-. ~ ~:~- ~, ~ ~fi ,~ j i ~;~ t~ ~ ~;' ~' ;~ ~~a" i ~ ~~''~. i (~ ~ ~ ~ /~ `~r°8 f ~Q- f ~ s ~~ ,r ,~ j i ,., ~ ` ~y ~, , ., ~ 1 ----r '"` -~' "5 : - ~~ °_~. /mss" --._,~ .1 P 1 ,f e. _ ,~•~,,, ~,,~~ ,`~ ~~~,, ,`~ ~ i ~ ~~ ,,; at ~ t,,} \ ~ -~z i` . ~„~,S ~~ ~ r z o ' ~~Ave Q~ ~ ~` ~ s ~~ caw j _ ~ um ~ y ~~~ ,i Cr~~ U ~ I ~ ,~~% 11J ~ o II't! / ~ `~ ~ A~ N1 \ ?aZ2 / S ~ I Q ~1 ~~ -o ~ `~; r; ~:` ~ w°~ r ~~ z ~ ,~ . ~_ ~'~ ~ ~1 J ?m~ ~ ~ ~~ I 1 ~' o ~ "z to ; / \ i ~~ ~ i~ ~ I f~ ~ \j I, ~ ~ ~ ~ I I ~ -/ z / - ____r.. ~ r... __.. _Z - •, ~. , . d ~' f° ~ Z s ., /~~ ,; ..~. ~ o ~ ~ ~ m, ~ / ~ ~ / ...- --- -~ w ~. ~ - -- r.°~ t i a'gv' 3 ~ - o ~ ~ '`~._ o.at~' '..... f( s • \ ~ ~ '. _____ ~- ~~~ ~ ~.,._ _ t~ - - - z~ -.._~__.~ ~`~ ~~'~ 1 < ~ ~,-_.._. _ _ ._.~ , .~ P e-. -~.. ._ .___. ;~ ,.r-' -,;j if ~~~ '~~-.., `~~..~, > `- _ I,(, ~ ; , .., ... , ,. ~... ~... ... f ._ ~~ ~ \/ ~. ., /( /~ N LL: F-;J O ~ L Q./ ~ ; O _...I ~! t~ ~~ m O N N ~ ~ ~ m ~ Q1 \ FV-I/ N m a ~ (!~ • ~ ~ ~ ~ ' d ~ N N ~ O Z Z w a ~+ V ..~ U ~ O L y + + N ~ d ~ ~ C ^ ~ ~ m ~ p m ~ ~ O d u~ ~ .~- ~ ° w ~ O - f- ~ 'T~-~~ r~ ~ ~ L' ~ I , .~ v Q) J i 1 L. ~ O } W J LL LL 90NN E~ / Pie ,at E °t F°` ~ LEADERS IN PUBLIC FINANCE Tax Increment Financing istrict ve ie City of Eagan Tax Increment Financing istrict o. - The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-5. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Decertification of parcels from Tax Increment Financing District No. 2-4 Establishment of Tax Increment Financing District No. 2-5 ("District") and the adoption of a Tax Increment Financing Plan. ("TIF Plan") Modification to the Development Program for the Northeast Eagan Project Area No. 2 includes the establishment of the District, and the expansion of the Development District Boundaries, which represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 2. Type of TIF District: A redevelopment district Parcels: 100020001026 * 100020007025 100020002025* 100020007032* 100020002026* 100020001031* 100020003025* 100020001029* 100020003026* 100020002029* 100020003032* 105332008000* 100020004025* 105332008100* 100020004026* 105332008200* 100020004032* 105332007100* 100020005025* 100020001032 100020005026* 100020002032 100020005032* 100020009025 100020006025* 103080105000 100020006032* *These parcels will be eliminated from TIF District No. 2-4. Proposed The District is being created to facilitate construction of a two phase office Development: development and future commercial development in the area. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include afive-story office tower of at least 130,000 rentable square feet, together with structured p arking with at least 869 parking stalls in the City. See Appendix A of the TIF Plan for a more detailed project description. ~3 TIP District Overview Inspection Results LHB completed inspections of the parcels in TIF District No. 2-5 and has Summary: provided a report with the findings. To meet the coverage requirement, Minnesota Law requires that at least 70 percent of the area in the TIF District be occupied. In addition, more than 50 percent of the buildings need to be substandard, as defined in the TIF Law. Maximum duration: The duration of the District will be 25 years from the date of receipt of the first increment (26 years of increment). The date of receipt of the first tax increment is expected to be 2010. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2035, or when the TIF Plan is satisfied. Estimated annual tax increment: Up to $955,153 Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land Building Acquisition ............................................................$4,100,000 Site Improvements/Preparation .....................................................$1,000,000 Public Parking Facilities ................................................................$3,600,000 Interest ...........................................................................................$8,175,000 Administrative Costs (up to 10%) .................................................$2,250,000 Pooling (up to 25% less the percent taken for Admin.) ................. 3 375 000 PROJECT COSTS TOTAI. ......................................................~22,500.(D00 See Subsection 2-10, pages 2-7 and 2-8 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter- fund loans and transfers and bonded indebtedness. Form of financing: As presently proposed, the project will be financed by spay-as-you-go note and an interfund loan. However, bond proceeds is also an option that is authorized by the TIF Plan. Fiscal Disparities The City will choose to calculate fiscal disparities by clause a (Outside of the Election: District). Administrative fee: Up to 10% of annual increment, if costs are 'ustified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution. Page 2 ~tA L~N~~~f~~,.~.~E ~3~ TIFDistricP Overvaew MAP OF THE NORTHEAST EAGAN DEVELOPMENT DISRICT N0.2 AND TAX INCREMENT FINANCING DISTRICT N0.2-5 -~. _ . - __ ~ - __~ N _ '~ ~ > - ti ~. ~~ ~~ _, __~ ' ~~ u. -~_ ~T; ~_ ;~ f 7 G ~ ~ __ . ~; ~~ Y r it T, ~..~ -+ - J ~- 1 ~. I U7 ~ ~ ~` ~: i ff ~ y ~ ~ I ~ I' ~ ~ ~ ~ ~~ ~. m ~`: - _ ~, t :~ '~ _ n.s ~ ~s gry t' ~. ~, r - ,~`~ ! ~, -- Page 3 ,~F~ ~~d~ ~ f,~..~~~t ~ 3'~ TdFDistrict Overview r1 C. c.. n _~ '~ '~ -_ si ;M, ~. page 4 ~~ '~ EHLERS & ASSOCIATES INC To: Jon Hohenstein Community Development Director, City of Eagan From: Rebecca Kurtz & Sid Inman, Ehlers & Associates W Date: May 15, 2008 Subject: But-For Analysis for TIF 2-5 The City received from the developers of the Blue Gentian Corporate Center (McGough) a request for additional Tax .Increment assistance. The City has asked Ehlers & Associates to review the developer's project feasibility analysis to determine if the additional level of the assistance requested is needed to make the project financially feasible. During the original analysis for the establishment of TIF 2-4, Ehlers prepared a But For Analysis and determined that the level of assistance was reasonable based on the market conditions at that time and the financial assumptions. With the change in phasing, the developer provided to Ehlers new financial information dated January 27, 2008, on the remaining phases. This information included the building size and details regarding expenses, revenues and other pertinent operational financial information. After we reviewed this material, we met with the developer's representatives to discuss and review the information provided. Ehlers then prepared a new But For Analysis. Based on the new analysis, Ehlers has determined that while the returns to the developer would be less, the level of assistance is still reasonable. Please let me know if you have any questions or comments, or if we can be of further assistance on this matter. LEADERS IN PUBLIC FINANCE l3/~ 306o Centre Pointe Drive Phone: 65i-697-8507 Fax: 65i-697-8555 Roseville, MN 55i~.3-sso5 sid~a ehlers-inc.com EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY STATE OF SOTA RESOLUTION NO. RESOLUTION ADOPTING A DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 2-5 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Eagan Economic Development Authority (the "EDA") and the City of Eagan (the "City") that the EDA modify the Development Program (the "Development Program Modification") for the Northeast Eagan Development District No. 2 (the "Project Area") and establish Tax Increment Financing District No. 2-5 and adopt a Tax Increment Financing Plan (the "T1F Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and Plan"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1082, Sections 469.124 to 469.134 and Sections 469.174 to 469.1799, inclusive, as amended (the "Act"), all as reflected in the Program Modification and Plan and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Program Modification and Plan and has caused the Program Modification and Plan to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Program Modification and Plan. The EDA has also requested the City Planning Commission to provide for review of and written comment on the Program Modification and Flan and that the Council schedule a public hearing on the Program Modification and Plan upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA hereby fords that Tax Increment Financing District No. 2-5 is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1), and fords that the adoption of the proposed Program Modification and Plan conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota which is already built up and that the adoption of the proposed Program Modification and Plan will help provide employment opportunities in the State and in the preservation and enhancement of the tax base of the City and the State because it will discourage commerce and industry from moving their operations to another state or municipality and thereby serves a public purpose. 2. The EDA further fords that the Program Modification and Plan will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The boundaries of the Project Area are being expanded to consist of the area as shown in the map in Appendix A of this resolution. ~J [ 4. The reasons and facts supporting the findings in this resolution are described in the Program Modification and Plan. 5. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Program Modification and Plan, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Assistant City Administrator. 6. Upon approval of the Program Modification and Plan by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program Modification and Plan and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Program Modification and Plan does not constitute approval of any project or a Development Agreement with any developer. 7. Upon approval of the Program Modification and Plan by the City Council, the Assistant City Administrator is authorized and directed to forward a copy of the Program Modification and Plan to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 8. The Executive Director is authorized and directed to forward a copy of the Program Modification and Plan to the Dakota County Auditor and request that the Auditor certify the original tax capacity of the District as described in the Program Modification and Plan, all in accordance with Minnesota Statutes 469.177. Approved by the Board of Commissioners of the Eagan Economic Development Authority this 20~' day of May, 2008. Chair ATTEST: Secretary 13S' APPENDIX A ~~ Agenda Information Memo Eagan Economic Development Authority Meeting May 20, 2008 F. OTIIEIt; >3IJSINESS There is no other business to come before the EDA at this time. G. ~O MElIiT ACTIOl~T TO DE COliTSIDEltED: To adjourn the Economic Development Authority meeting. ~~~ As of Mav 13; 2008 L~r aft for Public Hearin~* MODIFICATION TO THE DEVELOPMENT PROGRAM FOR THE NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2 and the TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT N0.2- 5 (a redevelopment district) within NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2 ~. ~1~~ 0~ ~~~~Il EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Public Hearing: June 3, 2008 Adopted: Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe. Drive, Roseville, Minnesota 55113-1105 ~e~peRS iN Pua~ic riNnrvcr 651-697-8500 fax: 651-697-8555 vvww.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) SECTION I -MODIFICATION TO THE DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 ................... 1-4 Foreword ............................................................. 1-4 SECTION ll -TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.2- 5 ......................... 2-1 Subsection 2-1. Foreword ...................................... ... , ... 2-1 Subsection 2-2. Statutory Authority ........................................ 2-1 Subsection 2-3. Statement of Objectives ..... ............................ 2-1 Subsection 2-4. Development Program Overview ............................ 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District ................................. 2-2 Subsection 2-7. Duration of the District ..................................... 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ........ 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness .................... 2-5 Subsection 2-10. Uses of Funds ........................................... 2-6 Subsection 2-11. Fiscal Disparities Election .................................. 2-7 Subsection 2-12. Business Subsidies ....................................... 2-8 Subsection 2-13. County Road Costs ....................................... 2-9 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions ................. 2-9 Subsection 2-15. Supporting Documentation ................................ 2-11 Subsection 2-16. Definition of Tax Increment Revenues ....................... 2-12 Subsection 2-17. Modifications to the District ................................ 2-12 Subsection 2-18. .Administrative Expenses .................................. 2-13 Subsection 2-19. Limitation of Increment ................................... 2-13 Subsection 2-20. Use of Tax Increment .................................... 2-15 Subsection 2-21. Excess Increments ...................................... 2-16 Subsection 2-22. Requirements for Agreements with the Developer .............. 2-16 Subsection 2-23. Assessment Agreements ................................. 2-16 Subsection 2-24. Administration of the District ............................... 2-18 Subsection 2-25. Annual Disclosure Requirements ........................... 2-18 Subsection 2-26. Reasonable Expectations ................................. 2-18 Subsection 2-27. Other Limitations on the Use of Tax Increment ................. 2-18 Subsection 2-28. Summary .............................................. 2-19 APPENDIX A PROJECT DESCRIPTION ................................................ A-1 APPENDIX B MAPS OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT ......................................................... B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT ...... . ...... C-1 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT .............................. D-1 APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM ............................... E-1 APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT .................... F-1 APPENDIX G FINDINGS INCLUDING BUT/FOR QUALIFICATIONS .......................... G-1 SECTION 1-MODIFICATION TO THE DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 Foreword The following text represents a Modification to the Development Program for Northeast Eagan Development District No. 2. This modification represents a continuation of the goals and objectives set forth in the Development Program for Northeast Eagan Development District No. 2. Generally, the substantive changes include the establishment of Tax Increment Financing District No.2- 5, the expansion of the Development district and the potential use of a portion of the tax increment generated by Tax Increment Financing District No. 2-5 elsewhere in the expanded Development District. For further information, a review of the Development Program for Northeast Eagan Development District No. 2 is recommended. It is available from the Assistant City Administrator at the City of Eagan. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Northeast Eagan Development District No. 2. Boundaries of Northeast Eagan Development District No. 2 (AS MODIFIED JUNE 3, 2008) rl'lre 1a4~€~~ttl~tries rat'tiortht;.~st 1?ag~an 1~~:~~~;lcspmcntDlstrict'o,'? ~aiil Ire ~:xl~s~c~€l~;~t ta.~ ~°~~z~~lst ~~l'tl~~ ~~~°~~~ sr~ slro~vn i~~ tl~e rn.tp in Appendix li. Development Program Modifications (AS MODIFIED JUNE 3, 2008) In addition to the statements pertaining to Tax Increment Financing District No. 2-5 set forth in the attached Tax Increment Financing Plan for Tax Increment Financing District No. 2-5, the Development Program for the expanded Development District No. 2 is amended to include the statement of objectives of the City for Cedar Grove Redevelopment Project Area as set forth in the Redevelopment Plan and the Tax Increment Financing Plan for Tax Increment Financing District No. 1. These objectives include the public facilities to be constructed within the Cedar Grove Redevelopment Proj ect Area, the open space to be created, the environmental controls to be applied, the proposed reuse of private property and the proposed operations after the capital improvements have been completed. Eagan Economic Development Authority Modification to the Development Program for Northeast Eagan Development District No. 2 1-4 SECTION ll -TAX /NCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.2- 5 Subsection 2-1. Foreword The Eagan Economic Development Authority (the "EDA"), the City of Eagan (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 2- 5 (the "District"), a redevelopment tax increment financing district, located in Northeast Eagan Development District No. 2. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S.'), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Northeast Eagan Development District No. 2. Subsection 2-3. Statement of Objectives The District currently consists of 27 parcels of land and adjacent and internal rights-of--way. The District is being createdto facilitate construction of a two phase office development and future commercial development in the area. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include afive-story office tower of at least 130,000 rentable square feet, together with structured parking in the City. Please see Appendix A for further project information. Contracts for this have not been entered into at the time ofpreparation of this TIF Plan, but development is likely to occur in 2008. This TIF Plan is expected to achieve many of the objectives outlined in the Development Program for Northeast Eagan Development District No. 2. The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Northeast Eagan Development District No. 2 and the District. Subsection 2-4. Development Program Overview 1. Property to be Acquired -Selected property located within the District maybe acquired by the EDA or City and is further described in this TIF Plan. 2. Relocation -Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the EDA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-I 4. The EDA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of--way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The City is decertifying 23 of the parcels from TIF District No. 2-4 to be included in TIF District No. 2-5. Subsection 2-6. Classification of the District The EDA and City, in determining the need to create a tax increment fmancing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, fmd that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district"means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property cohsists of vacant, unused underused, inappropriately used or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of--way; (3) tankfacilities, orproperty whose immediatelyprevious use wasfor tankfacilities, as defined in Section 11 SC, Subd. I5, if the tank facility: (i) have or had a capacity of more than one million gallons; (ii) are located adjacent to rail facilities; or (iii) have been removed, or are unused, underused, inappropriately used or infrequently used,• or (4) a qual~ing disaster area, as defined in Subd. IOb. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fireprotection including adequate egress, layout and condition ofinteriorpartitions, or similar factors, which defects or deficiencies are of suff cient total significance to justify substantial renovation or clearance. (c) A building is not structurally substandard tf it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 1 S percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-2 type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required,' if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certiftcation of the parcel as part of the district with the county auditor; (2) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by ~ 469.177, subdivision 1, paragraph (~. (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 1 S percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. (~ For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district underparagraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the EDA and City rely on the following facts and findings: • The District is a redevelopment district consisting of 27 parcels. • An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings; streets, utilities, paved or gravel parking lots or other similar structures. • An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-3 Subsection 2-7. Duration of the District Pursuant to M.S, Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1 b, the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2010. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2035, or when the TIF Plan is satisfied. If increment is received in 2009, the term of the District will be 2034. The EDA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant toM.S., Section 469.174, Subd. 7andM.S., Section 469.177, Subd. 1, the Original NetTax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2007 for taxes payable 2008. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2009) the amount by which the original value has increased or decreased as a result o£ 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the properly and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTO, no value will be captured and no tax increment will be payable to the EDA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2008, assuming the request for certification is made before June 30, 2008. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Northeast Eagan Development District No. 2, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-4 Project Estimated Tax Capacity upon Completion (PTC) $1,538,250 Original Estimated Net Tax Capacity (ONTO) $261,837 Fiscal Disparities Reduction $0 Estimated Captured Tax Capacity (CTC) $1,276,413 Original Local Tax Rate 0.74831 Pay 2008 Estimated Annual Tax Increment (CTC x Local Tax Rate) $955,153 Percent Retained by the EDA 100% Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined that no building permits have been issued during the 18 months immediately preceding approval of the TIF' Plan by the City. Subsection 2-9. Sources of Revenue/Bonded Indebtedness Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The EDA or City reserves the right to use other sources of revenue legally ap- plicable to the EDA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, and other contributions from the developer and investment income, to pay for the estimated public costs. The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note and an interfund loan. Additional indebtedness maybe required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $22,500,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $14,325,000 in bonded indebtedness will be financed with tax increment revenues. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The EDA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the EDA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-5 SOURCES OF FUNDS TOTAL Tax Increment $22,500,000 PROJECT REVENUES $22,500,000 Interfund Loans TIF Note Principal $6,525,000 $7,800,000 The other fmancing sources listed above are included for purposes of OSA reporting for the TIF District. They are not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate of a two phase office development. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include afive-story office tower of at least 130,000 rentable square feet, together with structured parking. The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment fmancing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table below. USES OF FUNDS TOTAL LandBuilding Acquisition $4,100,000 Site Improvements/Preparation $1,000,000 Public Parking Facilities $3,600,000 Interest $8,175,000 Administrative Costs (up to 10%) $2,250,000 Pooling (up to 25% less the percent taken for Admin.) $3,375,000 PROJECT COSTS TOTAL $22,500,000 Interfund Loans $6,525,000 TIF Note Principal $7,800,000 The other fmancing uses listed above are included for purposes of OSA reporting for the TIF District. They are not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. Pursuant to M.S., Section 469.175, Subd. 1 (S), it is estimated that the cost of improvements,' including administrative expenses which will be paid or financed with tax increments, will equal $22,500,000. For purposes of OSA reporting forms, it is estimated that the cost of improvements, including fmancing which will be paid for with tax increment will equal $36,825,000 as is presented in the previous budget. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-6 Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Northeast Eagan Development District No. 2, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Subsection 2-11. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the EDA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply:. (1) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less anyportion thereof which the authority has designated, in its tax increment ftnancing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The EDA or City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the EDA or City elected. The EDA will choose to calculate fiscal disparities by clause a. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-12. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-7 such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M. S., Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment fmancing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $75,000 or less; and (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. The EDA will comply with M.S., Sections 116J.993 to 116T.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the EDA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the EDA or City within forty- five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads. The EDA and City are aware that the county could claim that tax increment should be used for county roads, even after the public Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-8 hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the EDA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: IMPACT ON TAX BASE 2007/Pay 2008 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Dakota County 436,971,111 1,276,413 0.2921% City of Eagan 83,090,249 1,276,413 1.5362% West St. Paul -Mendota 61,697,346 1,276,413 2.0688% Heights -Eagan ISD No. 197 IMPACT ON TAX RATES Pay 2008 Percent Potential Extension Rates of Total CTC Taxes Dakota County 0.251840 33.65% 1,276,413 321,452 City of Eagan 0.258920 34.60% 1,276,413 330,489 West St. Paul -Mendota 0.189140 25.28% 1,276,413 241,421 Heights -Eagan ISD No. 197 Other 0.048410 6.47% 1.276.413 61,791 Total 0.748310 100.00% 955,153 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual Pay 2008 rate. The total net capacity for the entities listed above are based on actual Pay 2008 figures. The District will be certified under the actual Pay 2008 rates. Pursuant to M.S. Section 469.175 5ubd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $22,500,000. (2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact of the District on police protection is expected due to the establishment of the District. Many of the occupied properties are vacant and in disarray and blighted, as documented in the report by LHB, which creates the potential for them to become targets of vandalism, burglary, or other types of property crimes. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-9 The new development will not necessitate new capital investment in vehicles or facilities. The police currently separates calls for service into the following categories: Commercial, Industrial, Bank, Hotels/Motels, Residential (single family), Residential (multi-family, resident owned), Residential (apartments, rentals), Public (streets, parks, etc.), and lakes. It is unknown how many additional calls maybe generated by the new development; however, a significant increase is not expected. There may be minimal new calls for service with the increased traffic in the area. The City believes it is important to track the calls and differentiate impacts by property type for the purpose of forecasting crime trends, and resulting strategies. The proposed development will create very little impact on the fire department. Typically new buildings generate few calls, if any, and are of superior construction. The existing buildings, which will be eliminated by the new development, have public safety concerns that include several unprotected old buildings with issues such asnon-sprinkled buildings, the types of construction and current uses of the properties. The new development will not necessitate new capital investment in vehicles or facilities. The fire department currently separates calls for service into residentialand commercial/retail. It is unknown how many additional calls may be generated by the new development; however, a significant increase is not expected. Inspections would increase, and there may be minimal new calls due to false alarms. The City believes it is important to track the calls and differentiate impacts by property type for the purpose of forecasting crime trends and resulting strategies. The impact of the District on public infrastructure is expected to be minimal. The operating costs related to this proposed development will be minimal and will have little impact on the City's overall operations. The SAC fee will be paid by the developer, as is the case with all development. All associated costs will be assessed to the benefitting property, as they are for all development in Eagan. The probable impact of borrowing costs is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is $6,276,946; (4) Estimated amount of tax increment attributable to coun levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is $8,357,752; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment fmancing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-10 Subsection 2-15. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1, clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the EDA and City's findings: • Business Assistance Application from the Developer • Proforma and cashfiow information submitted by the Developer. • Inspection Report Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M. S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M. S, Section 273.1384. Subsection 2-17. Modifications to the District In accordance withM.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements ofM.S, Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City; 5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria ofMS., Section 469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-11 original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The EDA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment maybe used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Pursuant to M.S., Section 469. 177, Subd. 2, the EDA or City is allowed to spend up to 25 percent of the total revenue derived from tax increments paid by properties in the district on activities outside of the district but within the defined geographic area of the project. The City may intends to spend up to 25 percent of the total avenue derived from tax increments paid by properties in the district, less the administration, on activities outside of the TIF District. It is anticipated that at least a portion of this revenue will be spent on redevelopment activities in the Cedar Grove TIF District. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-12 Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon maybe discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of cert f cation of the original net tax capacity of the tax increment financing districtpursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of theparcel in accordance with the tax increment financingplan, no additional tax increment maybe taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financingplan, the authority shall cert~ to the county auditor that the activity has commenced and the county auditor shall cert~ the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certifted as included in the district. Forpurposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street; (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The EDA or City or a property owner must improve parcels within the District by approximately June 2012 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to fmance a project; 2. to finance, or otherwise pay the cost of redevelopment of the Northeast Eagan Development District No. 2 pursuant to M.S., Sections 469.090 to 469.1082; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the EDA or City or for the benefit of Northeast Eagan Development District No. 2 by a developer; 6. To fmance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.1 S2 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.1 S2 through 469.165, and/or M.S., Sections 469.178. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-13 These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Dakota County to the EDA for the Tax Increment Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for EDA or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Northeast Eagan Development District No. 2 or the District. Subsection 2-22. Requirements for Agreements with the Developer The EDA or City will review any proposal for private development to determine its conformance with the Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the development with City plans and ordinances. The EDA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. S, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the EDA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the EDA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the EDA or City should the development or redevelopment not be completed. Subsection 2-23. Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-14 to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2-24. Administration of the District Administration of the District will be handled by the Assistant City Administrator. Subsection 2-25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. S, 6, and 6b the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. S also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. S and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value ofthe site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon EDA and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27.Other Limitations on the Use of Tax Increment General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Northeast. Eagan Development District No. 2 pursuant to M.S., Sections 469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment maybe used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to fmance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-15 on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from. tax increment from a redevelopment district must be used to fmance the cost of correcting conditions that allow designation ofredevelopment andrenewal and renovation districts underM.S., Section 469.176Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the EDA or City, including the cost of preparation of the development action response plan, maybe included in the qualifying costs. Subsection 2-28. Summary The Eagan Economic Development Authority is establishing the District to preserve and enhance the tax base, redevelop substandard areas, andprovide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-16 APPENDIX A PROJECT DESCRIPTION Tax Increment Financing District No. 2-5 is being established to facilitate redevelopment of blighted properties in the City of Eagan. The City is working with developers to redevelop a portion of the TIF District and anticipates additional redevelopment to occur in future years. The McGough project consists of a two phase office development. Phase I is approximately 75,000 rentable SF of office development, which is scheduled to commence construction in 2008. Phase II will include a 5 story office with approximately 130,000 rentable SF and structured parking, which is expected to commence construction in 2009. In future years, the City anticipates additional commercial redevelopment on the parcels south of Highway 55. The City anticipates issuing Pay-as-you-go Notes to the developer. APPENDIX A-1 APPENDIX B MAPS OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT APPENDIX B-1 i ,A._.;; , ~~,- N V ~L ~,^~ ~.~ O ~ ~/ ~w ~ ti i_.., ~ m N N ~ ~ 7 ~ m v ~ N ~ y V m ~ U1 • o. ~ d ~ ~ ~ N N ~ Z Z N o ++ ~ V ~ p ~' • L r .+ (A ~ ~ _~ ~ ~ C c d a ~ m ° a~ c ~ m ~ a ~ w ~ ~ ~ ~ ~ = o O ~ ~ ~ e ~; d > c ~ • d ~ ~ ° ~\ ~ ~~ I ,'~ f' ~ a i L_ G yJ } W J LL LL. 80N~1 ~L ~~ ~ H P~°. ~! 1 H ~ N o ~ - m ~I, ~ d a m o V ~ o W N ^~ N v w N L ~ o f ~ E ~ G b y C ~° ^~ ~ N ° $ c a ui A ~ F- Q a ~i m ~ ~ ~., r ~ ~ _ ~. ~~ ~ ~, ~: ~ a ~,. `' ,~' ~ ~ ~ ~~, r ~r~~~.~~ .,~.. v ~/,r ,r'~ ~ ~ , ~ _ ~ , ~ i~ _ ~,,,% ad,,t .~ ~~ 4 . ~ ~~~ ~ ~~C ~ ~ ~ ~ ~ ~ "~ ;yet ~~" "`" ~ ~ - ~ =m w ~ ~ ~~~ # =~ ~ Q~ z ~~ F t ~ ~~ 4; ~ ~ ;z.z a ~ u. ~ Q~ ~~ ~aw ~o'o, / ~__ ____~ ~ ~~ ao ~w ~, ~~- ~ { `~ ~ ~ i ~~ 1 ~ v ~ oQ f ~ ~, xv- ~ ` ~ Q~~' 1. r ~3° i ~ ~ ~ o ~ 3, _ ~~ ~ ~~ ~ - ~ » j i ~ i~ ; ~e~ QQ ¢¢ X d r _ A ~ J 1 22 ~ r~~~ `J c ~ N m ~ ~ ,a z _. -. f ~ ~ ~~ym ail, ~'~? % _ ~ .._ _._ S ' `Y-.. ~~ ~ ~ --..._. ~ ~~ ; o ~ o " =a --__ -___.__.__,_ a _,_ -~. ~ ._ --...~ _ -, --._ _ -,..,,.,, ,,~6 , a APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED 1N THE DISTRICT The District encompasses all property and adjacent rights-of--way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 100020001026 * 1020 Blue Gentian Circle Eagan EDA 100020002025 * 1023 Blue Gentian Circle JCFH LLC 100020002026 * JCFH LLC 100020003025 * 1015 Blue Gentian Circle JCFH LLC 100020003026 * 1000 Blue Gentian Circle JCFH LLC 100020003032 * Eagan EDA 100020004025 * 1011 Blue Gentian Circle JCFH LLC 100020004026 * 990 Blue Gentian Circle Eagan EDA 100020004032 * 1027 Blue Gentian Circle MG Eagan LLC 100020005025* 1003 Blue Gentian Circle JCFH LLC 100020005026* 988 Blue Gentian Circle JCFH LLC 100020005032 * Eagan EDA 100020006025* 999 Blue Gentian Circle JCFH LLC 100020006032 * 1030 Blue Gentian Circle Eagan EDA 100020007025 * JCFH LLC 100020007032 * State of MN 100020001031 * 2725 Highway 55 Chase Real Estates Holdings LLC 100020001029* 2745 Highway 55 Niranjan Bhakta 100020002029* Atlas of Minnesota, Inc 105332008000* 2755 Highway 55 Atlas of Minnesota, Inc 105332008100 * 2767 Highway 55 Atlas of Minnesota, Inc 105332008200 * 2785 Highway 55 Cheney Eagan Building LLC 105332007100 * 2795 Highway 55 Cheney Eagan Building LLC 100020001032 State of Minnesota APPENDIX C-1 Parcel Numbers Address Owner 100020002032 State of MN 100020009025 City of Eagan 103080105000 Outlot E, Grand Oak Two Shenehon Company *These parcels will be eliminated from TIF District No. 2-4. APPENDIX G2 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT APPENDIX D-1 m a y C O a E N y Q N A N t0 m N u z ~w ~K b ~y w ~~ C7 C R Of N W O U W LO OJ OJ O O O O O O O O N N N N T T T T t0 l0 tC N n. n. n. n. a e o e o e o 0 o e o 0 0 0 oo_on o ooou~inu) ouzo O O) O 1 p O O N r N O N O m C7O C7 O ~(V N~O~ r~~~ OD tOO~ V ?~0 ~. rrvo N E1 -: x m `"° ~ m N a g w a m _, ~` ~ ~ ~ U ~ ~ fn ~ Q m y a E o>.~ U N C y~2 Ham" O U d mac:? ~ °~ ~ ~ Q _ ~ o0 00 ~,~ y Z ~ 0 0 ~ 0 0 d X00 y~,,,U_ NOO,O xyEN WawOO Uly l0 OOm ~ v0? N d 6. f9 f9UO_' N O V f9 f9 y o~ y m g W m ~ Nom ~ E J~ ~~ U N y w y l0 2~ y O C~~ ~ X m O y N O U ~p .O N y 2 NO F~ F ~~ C w O C C~ N GI LL ~ O u.NF~ ~mm m~2HV Z ~~v j n'U '~ .~i.o E m E`~m aEE E~v=w m 5:9 m ~ °~ o o w~ 0 0 0+ ~Urq~ n. t~1SU UC¢ZS Q N N as d m 0 O O R 4 O O~ N t 7 Q~ ~V O FN OOa OlN N N O y0i N o °'D~i~ m ~ Er~i,~ ~~ .-tea BEM` O ~ y N 5 9 LL ~F O N z m G • A U 'C m N A E _ N ° := m c ~ c LL C m O } N Q y m Cr. 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N. N. .N_. .N_. .N.. ~ ~ N N. N N N, N. `. N. N. N ~ N. N. N N N N, N~ ~ 0 0 0 0 0 0 0 o O O a o 0 0 0 0 0 0 0 0 0 0 o O o ~ N N U) U) UI ~ N U7 U) N U) LL7 U) N U) N Ul N U) N U) U) U) U7 ~ N r N N N N N N N N N N N N N N N N N N N N N N N ~P v ci m ro ro m m m ro ro ro ro ro~ ro ro ro m ro ro ro ro ro ro ro ro O O m C] M t~1 t7 M m m M ~] t~ (~ m m cn cn m m m m in cn m m N O! U'! u7 UI U7 U> ~ ~ N N U) ~ U'1 U) N U1 N N U'1 U) ~ N U) to e e o a e e o 0 0 0 0 o a e o 0 0 e o a e o 0 o a o 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O r r ~'- r r r r r '- ~'- r r ~'- r r ~", ~'- ~'- r r '- '- r r r r r O E Q W a` APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm for information and forms. APPENDIX E-1 APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT To be added to prior to the public hearing APPENDIX F-1 APPENDIX G FINDINGS INCLUDING BUT/FOR QUALIFICATIONS. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 2-5 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 2-S is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(a)(1). The District consists of 27 parcels, with plans to redevelop the area for commercial purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investmentwithin the reasonablyforeseeablefuture: This finding is supportedby the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commerciaUindustrial property for expansion adj acent to the existingproject, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this proj ect is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.) The increased market value of the site that could reasonably be expected to occur without the use of tax incrementfinancingwould beless than the increase in market value estimated to resultfrom theproposed development after subtracting thepresent value oftheprojected tax incrementsfor the maximum duration of the District permitted by the TIFPIan: This finding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Redevelopment Costs, including land acquisition and demolition costs, as well as structured parking, add to the total redevelopment expense. In addition, the changes in the market conditions have affected the development and decreased the desirability of redeveloping this site. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. APPENDIX G-1 Therefore, the City concludes as follows: 3 4. a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment fmancing is $0. b. If the proposed development occurs, the total increase in market value will be $63,264,000 (see Appendix D and G ofthe TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $10,214,620 (see Appendix D and G of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council fmds thatno alternative would occur that would produce a market value increase greater than $54,049,380 (the amount in clause b less the amount in clause c) without tax increment assistance. But-For Analysis Current Market Value $13,836,000 New Market Value -Estimate $77,100,000 Difference $63,264,000 Present Value of Tax Increment $10,214,620 Difference $53,049,380 Value Likely to Occur Without TIF is Less Than: $53,049,380 Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. Finding that the TIFPIan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment ofNortheast Eagan Development District No. 2 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. APPENDIX G-2