2977 Lexington Ave - Refund Correspondence 2020-09-25 re Double Payment of Park, Trail & Tree PreservationMake Check Payable to
MWF Properties
Attn: Chris Stokka
7645 Lyndale Ave S, Suite 200
Minneapolis, MN 55423
Permit #: 161070
Receipt Date: 9/15/2020
Site Address: 2977 Lexington Avenue
Reason For Refund: Fees were collected mistakenly collected twice — first with the
development application and then with the building permit. See
attached correspondence for additional information.
Fee Type
Code
Amount
Park Dedication
9328.4670
$177,250
Trail Dedication
9375.4671
$13,250
Tree Preservation
9111.4677
$26,240
Total
$216,740
I declare under the penalties of law that this account, claim, or demand is just and that no part of
it has been paid.
SIGNATURE
September 25, 2020
DATE
From: Pam Dudziak
To: Sarah Brandel
Cc: Julie Strid
Subject: RE: Lexington Flats Building Permit
Date: Thursday, September 24, 2020 10:39:42 AM
Attachments: CityOfEagan 20200924 102939.pdf
image001.pnq
Sarah —
Please process a refund of the duplicate park, trail and tree dedication fees from the Building Permit.
Julie provided the receipting information from payment of those fees in June with the Final Subdivision.
Let me know if you need anything more from me.
Thanks,
Pam
Pam Dudziak
Planner
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5691
httos://www.cityofeagan.conn
From: Pam Dudziak
Sent: Thursday, September 24, 2020 10:15 AM
To: Julie Strid <JStrid@cityofeagan.com>; Sarah Brandel <sbrandel@cityofeagan.com>
Subject: RE: Lexington Flats Building Permit
Thanks, Julie, I was a day off and thought it was Friday!
I just got the attached email from Chris Stokka detailing the items we collected at Final Plat and the
$216,740 amount included the tree preservation mitigation fee:
Park Ded - $177,250
Trail Ded - $13,250
Tree Pres- $26.240
Total - $216,740
They also paid tree preservation for both the mitigation fee and performance guarantee with the Building
Permit (see Adam's notes from review memo below). So, it looks like we should keep the $9,230 tree
protection performance guarantee in escrow, but the $26,400 tree mitigation dedication was duplicated,
and a refund of $216,740 is due.
Forestry: Mitigation Security based on required mitigation of 53 Category A Trees. Collectsepart
chocks for:
Cash Mitigation (Payment in lieu of planting)
- Performance & Protection Escrow
Tree Mitigation Performance Guarantee 02 Trees. escrow 1 yr.)
Tree Protection Guarantee (escrow 1 yr.) Z Trees (1 offsitel Totaling 62"
= $26,240
_ $ 9,230
Tree protection fencing must be installed and inspected by Forestry prior to construction activity.
Sorry for the confusion and thanks for your help!
Pam
Pam Dudziak
Planner
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5691
https://www.cityofeagan.conn
From: Julie Strid <JStrid@cityofeagan.com>
Sent: Thursday, September 24, 2020 9:32 AM
To: Pam Dudziak <pdudziak@cityofeagan.com>; Sarah Brandel <sbrandel@cityofeagan.com>
Subject: RE: Lexington Flats Building Permit
I'm in on Thursday's.
Julie Strid
Planning Aide
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5686
https://www.cityofeagan.cor
From: Pam Dudziak <pdudziak@cityofeagan.com>
Sent: Thursday, September 24, 2020 8:53 AM
To: Sarah Brandel <sbrandel@cityofeagan.com>
Cc: Julie Strid <JStrid@cityofeagan.com>
Subject: FW: Lexington Flats Building Permit
I think it is just Park and Trails, which totals $190,500. The $216,740 they paid with Final Subdivision may
have included some other things, so we'll have to pull the receipting info from the plat file to see what they
paid, and then figure out the duplicate charges from there. I think Julie is at home today, I'll be in on
Monday and can look at it then.
Thanks,
Pam
Pam Dudziak
Planner
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5691
httos://www.cityofeagan.conn
From: Sarah Brandel <sbrandelkcitvofeagan.com>
Sent: Thursday, September 24, 2020 8:41 AM
To: Pam Dudziak <pdudziak@cityofeagan.com>
Cc: Michael Grannes <mgrannes@cityofeagan.com>; Peggy Fleck <pfleck@cityofeagan.com>
Subject: RE: Lexington Flats Building Permit
Pam,
Good morning. Attached is a copy of the building permit for Lexington Flats. We collected $177,250 for
Park Dedication. Did your $216,740 include any other fees on the building permit?
The check was already cashed, but we can reimburse any amounts that were erroneously collected. Can
you verify if we should be reimbursing $177,250 or $177,250 + another set of fees that equal $214,740?
Thank you,
Sarah
Sarah Brandel
Officer Supervisor
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5671
https://www.cityofeagan.com
From: Pam Dudziak <pdudziak@cityofeagan.com>
Sent: Thursday, September 24, 2020 7:58 AM
To: Michael Grannes <mgrannes@cityofeagan.com>; Sarah Brandel <sbrandel@cityofeagan.com>; Peggy
Fleck <pfleckPcityofeagan.com>
Subject: FW: Lexington Flats Building Permit
Please see below and attached. I was not aware Julie had collected park dedication with the plat in June,
and I put those fees on the Building Permit too.
Can you please check on the Building Permit payment and see if we can return the check to MWF before it
is processed? Or if it has already been processed, please assist in preparing a refund for the duplicate
payment.
Thank you,
Pam
Pam Dudziak
Planner
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5691
https://www.cityofeagan.com
From: Chris Stokka <ChrisStokka@mwfproperties.com>
Sent: Thursday, September 24, 2020 7:43 AM
To: Pam Dudziak <pdudziak@cityofeagan.com>
Subject: RE: Lexington Flats Building Permit
Hi Pam,
We noticed the Park and Trail fees were erroneously paid twice, once in June (plat approval) and once in
Sept (permit approval). Attached is the backup for the June check that did clear but looks like the
September Check has not cleared. Would it be possible to simply mail that check back to us or leave it at
the office so I can pick it up? If you can please let me know it would be much appreciated.
Thanks,
Chris
From: Pam Dudziak <pdudziakicityofeagan.com>
Sent: Thursday, September 3, 2020 11:01 AM
To: Chris Stokka <ChrisStokka@mwfproperties.com>
Cc: Michael Grannes <mgrannes@cityofeagan.com>
Subject: Lexington Flats Building Permit
Hi Chris,
I am completing the planning/zoning review of the Building Permit for Lexington Flats. After comparing it
against the Final Subd/Final PD information, please address the following items:
a. Please resubmit the Landscape/Tree Mitigation/Planting Plans (Sheets L1.0-L4.1) revised for the
changes made earlier this spring (see attached). At time of Final Subdivision, those plans were
revised to reduce the number of mitigation trees to a more realistic number of 12 Cat. A trees to
avoid crowding, and the balance of mitigation is to be provided in cash dedication collected at the
time of Building Permit ($26,240).
b. Please provide a copy of the proof of affordability per the conditions of the Final PD Agreement, and
note such documentation is to be provided on an ongoing annual basis:
6. The Owner shall secure an allocation of affordable housing (as defined by Minn. Stat. § 462.355,
subd. (3)) for the Property and corresponding tax credits through the Dakota County Community
Development Authority or the Minnesota Housing Finance Agency within five (5) years from the date
of this Agreement.
7. Development of the Property shall be limited to the construction of a four-story, multi family
residential building for affordable housing. Prior to the release of the building permit for
construction of the building. the Owner shall provide the City with evidence that all of the residential
units are restricted to occupancy for at least thirty (30) years by residents whose household income
at the time of initial occupancy does not exceed sixty percent (60%) of the area median income
adjusted for household size as determined by the United States Department of Housing and Urban
Development. With respect to rental units, the rent for affordable units shall not exceed thirty
percent (30%) of sixty percent (60%) of the area median income, adjusted for household size, as
determined annually by the United States Department of Housing and Urban Development. Owner
shall, on an annual basis, provide the City with appropriate documentation that this condition is
satisfied for a period of thirty (30) years from the construction of the building.
c. Please provide a copy of the Dakota County Permit for landscaping in the Lexington Avenue right-of-
way.
d. Please provide a copy of the agreement with Acorn for the landscaping on the north end of the
development that is on their lot.
e. Park and Trail Dedication due at time of Building Permit:
o Park Dedication, 50 units at $3,545 = $177,250
o Trail Dedication, 50 units at $265 = $13,250
Thank you and let me know if you have any questions.
Pam
Pam Dudziak
Planner
3830 Pilot Knob Rd I Eagan, MN 55122
Office: 651-675-5691
httos://www.cityofeagan.com
PERMIT
City of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
(651) 675-5675
www.ci.eagan.mn.us
EAGAN
Permit Type: Building
Permit Number: EA161070
Date Issued: 09/15/2020
Site Address: 2977 Lexington Ave
Lot: 001 Block: 077 Addition: Section 3
PID: 10-00300-77-010
Use: Lexington Flats
Description:
Sub Type: Apartments Construction Type: 1-A
Work Type: New V-A
Description: 50 Units
Census Code: - Occupancy: R-2
Zoning: S-1
Square Feet: 0
Comments:
Miller Hanson Architects, Reg.#16390
218 Washington Ave N, Minneapolis MN 55401
612-332-5420
Fee Summary:
Valuation: 8,161, 017.00
BL - Base Fee
City SAC (01 Unit)
Plan Review
Surcharge - Based on Valuation
Treatment Plant (Irrigation)
Treatment Plant - Commercial
SAC - Commercial/Industrial
Sewer Permit
Water Permit
Surcharge - $1.00
Park Dedication
Trail Dedication
Erosion Control Performance Security
Stormwater Performance Security
Landscape Escrow
Tree Mitigation (Non Refundable)
Total:
$34,604.75
$5,970.00
$22,493.09
$1,658.05
$967.00
$48,350.00
$124,250.00
$64.00
$64.00
$1.00
$177,250.00
$13,250.00
$3,000.00
$13,000.00
$7,500.00
$35,470.00
$487,891.89
0801.4085
9376.4681
0720.4222
9001.2195
6101.4684
6101.4684
9220.2275
6201.4532
6101.4507
9001.2195
9328.4670 Refunded full amount on 9/25/2020
9375.4671 Refunded full amount on 9/25/2020
9001.2257
9001.2257
9001.2257
9111.4677 Refunded $26,240 on 9/25/2020
$271,151.89 - Updated permit fee after refunds
Contractor:
Eagle Building Company
6636 Cedar Ave S, Suite 140
Minneapolis MN 55423
(612)378-1115
- Applicant -
Owner:
MWF Properties LLC
7645 Lyndale Ave S
Minneapolis MN 55423
I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State
of Minnesota Statutes and City of Eagan Ordinances.
Applicant/Permitee: Signature
Issued By: Signature
City of Eagan
Cash Receipt
Receipt Date
Receipt Number
MWF Properties
CK 210448
9111.4677
J 0484
9328.4670
J 0484
9375.4671
J 0484
Total Receipt Amount
145165 13:43:00
6/16/2020
231309
26,240.00
177,250.00
13,250.00
216,740.00
EAGAN
INITIAL PLAN REVIEW MEMO
# 6
Received By: Sarah Brandel Date Received: 5/4/2020
Plan Reviewer: Mike Grannes Inspector Remarks:
Date: 5/4/2020
Project Name: Lexington Flats
Sub Type, Work Type: New Apartment Building, 55 Units
Architect/Engineer:
Email:
Contractor:
Email:
Address: 2977 Lexington Avenue
Miller Hanson Architects
ksimon@millerhanson.com
Eagle Building Company
andrew.schaeppi@eaglebuildingllc.com
Contact:
Phone:
Contact:
Phone:
Kent Simon
(612) 332-5420
Andrew Schaeppi
(612) 378-1115
The plans are located on the J:Drive under the Project Name. Please review and indicate any concerns you
have with these plans and resolve these issues with the affected parties. If you are requesting that issuance of
the building permit be held, please submit the proper "hold request" form.
Name Division
Date
Reviewed Additional Actions
Adam Schnaible
Forestry
5/19/2020 Reviewed, Ready to be Issued No Additional Items Needed
Brent Massmann
Utilities
5/26/2020
Reviewed, Ready to be Issued Inspector to Share Remarks (Below)
Gregg Thompson
Water Resources
5/28/2020
Darrin Bramwell
Mike Grannes
Fire
6/2/2020
Building Inspections 6/2/2020
Pam Dudziak
Aaron Nelson
Planning
Engineering
9/3/2020
Reviewed, Ready to be Issued Inspector to Share Remarks (Below)
Reviewed, Ready to be Issued No Additional Items Needed
Reviewed, Ready to be Issued No Additional Items Needed
Reviewed, Ready to be Issued No Additional Items Needed
9/10/2020 I Reviewed, Ready to be Issued No Additional Items Needed
Indicate below any fees that are to be collected with the building permit.
Amount Staff Initials
• Yes ❑ No Landscape Security Required $ 7,500 PJD Zoning: PD
▪ Yes ❑ No Park Dedication $177,250 PJD Meter Size:
VI Yes ❑ No Trail Dedication $ 13,250 PJD
VI Yes ❑ No Tree Dedication $ 35,470 AS
❑ Yes 0 No PRV Required
▪ Yes ❑ No Stormwater Performance Security $ 13,000 GAT
® Yes ❑ No Erosion Control Permit & Security $ 3,000 GAT
® Yes ❑ No REF Reconciliation between Engineering & Finance
▪ Yes ❑ No Street/Curb Cut Required
VI Yes 0 No Sewer & Water Permit Required
Items to be included in the Plan Review Memo:
Planning - Need documentation of affordable housing before issuing Building Permit.
Forestry: Mitigation Security based on required mitigation of 53 Category A Trees. Collect separate
checks for:
- Cash Mitigation (Payment in lieu of planting)
- Performance & Protection Escrow
Tree Mitigation Performance Guarantee (12 Trees, escrow 1 yr.)
Tree Protection Guarantee (escrow 1 yr.) 2 Trees (1 offsite) Totaling 62"
= $26,240
_ $ 9,230
Tree protection fencing must be installed and inspected by Forestry prior to construction activity.
Utilities - Verify outside trench drain is plumbed to storm system, not sanitary.
Stormwater/Water Quality - collect Stormwater Management Performance Security of $13,000, based
on 2020 Fee Schedule for 0.76-1.0 acre of "new" impervious.
Erosion & Sediment Control Performance Security (Stormwater Performance Security - for active
construction) - collect $3,000 based on 2020 Fee Schedule.
PJD Review Notes 9/3/20 (and 9/10/20)-
- Need proof of affordability per Final PD Agreement (received commitment, RBB okayed for permit; need final
documentation when available)
- Need Dak. Co. Permit for landscaping in ROW (spoke to the County, permit application is pending, and they gave
preliminary okay)
- Need written documentation of landscaping/maint. agreement with Acorn for landscaping on their lot. (received)
- Revise Tree Mitigation Sheet L2.0 - reduce crowding of mitigation trees only 12 Cat. A trees accepted per Final PD
plans. (received revision 9/9/20, graphic is correct but table needs updating for 12 trees + cash mitigation; errors on
Sheets L3.0 and L4.0 need correction too. Okay to issue permit pending receipt of final revised L sheets.)
- Fiber condition no longer being enforced.
Park and Trail Dedications due as follows:
- Park Dedication, 50 units at $3,545 = $177,250
- Trail Dedication, 50 units at $265 = $13,250