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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