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09/03/2002 - City Council Regular., 1 ' s ~` AGENDA ~ - #"'`~*•' EAGAN CITY COUNCIL -REGULAR MEETING f,. rf.' EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 3, 2002 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGLANCE II. AIIOPT AGEl~'DA III. RECOGNITIONS & PRESENTATIONS ~p~ A. September 11 Recognition and Observance IV. CONSENT AGENDA 3 A. APPROVE MINUTES f 9 B. PERSONNEL ITEMS C. RATIFY Check Registers for August 20, 2002 and August 27, 2002 ~I D. APPROVE Wetland Health Evaluation Program Joint Powers Agreement E. APPOINTMENT of Representatives to MSP Noise Oversight Committee y F. AUTHORIZE Final Payment for Contract 02-16 (Cedar Grove Redevelopment Area -Building Demolition & Removal) G. H. APPROVE Change Order No. 1 for Contract 02-ISB (Community Center -Site Improvements) APPROVE Change Order No. 2 for Contract 02-15A (Community Center -Storm Sewer Improvements) ' Q RECEIVE Petition and Authorize Installation of No Event Parking Signs (New York Avenue & Ventor Avenue) ~6J. RECEIVE Assessment Roll and Schedule Public Hearing for Project 853 (Woodgate 15f Addition -Street Overlay} ~. RECEIVE Assessment Roll and Schedule Public Hearing for Project 854 (Parkcliff Additions -Street Overlay) L. RECEIVE Assessment Roll and Schedule Public Hearing for Project 855 (Oak Chase 6`s Add/Ches Mar East -Street Overlay) ~M. APPROVE Change Order No. 3, Eagan Wll House No. 20 /Park Pavillion 4/ ~T RECEIVE Bids for Infrastructure Low Voltage Wiring for the New Community Center and Authorize the /~ p~ Award of Contract to Parson's Electric for the Amount of $40,500.00 Plus 10% Contingency V. 6:30 -PUBLIC HEARINGS SA. VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENT. (Lot 9, Block 1, Lexington Pointe Addition, 961 Curry Trail). g B. VACATION PUBLIC DRAINAGE & UTILITY EASEMENT. (Lot 7, Block 1, Stoney Pointe 2"d ~ Addition, 3626 Lakeview Trail). ~'~ C. VARIANCE -ANNE ANDERSON - A variance request of 15 feet to the required 30 foot setback from public right-of--way for a pool on Lot 1, Block 1, Ridgehaven Acres, located at 1579 Stephanie Circle it he SW '/< of Section 4. 8/ D. VARIANCE -KAREN DOZOIS - A variance request from the required 30-foot building setback from public right-of--way to erect a deck on Lot 2, Block 13, Timbershore 3rd Addition, located at 1306 Crestridge Lane in the SW '/. of Section 15. ~gE. VARIANCE - RHETT & DEBORAH LEWIS - A variance request to exceed the 20 percent building lot coverage allowed in asingle-family residential zoning district on Lot 5, Block 4, Wesbury First Addition, located at 1128 Westbury Path in the NE '/, of Section 22. VI. OLD BUSINESS / ~~ A. PROJECT 796. Receive Assessment RolUOrder Public Hearing (Cedar Cliff/Mari Acres - Stteet Rehabilitation) I ~ ~ B. PROJECT 852. Receive Final Assessment RolUOrder Public Hearing (Post Addition/Rustic Hills Drive/Oster Addition -Street Rehabilitation) ~ ' 0 ~C. JOINT AIRPORT ZONING BOARD. Consider Joint Airport Zoning Board Indemnification Agreement. 6D. ORDINANCE AMENDMENT. An Ordinance Amending Eagan City Code Chapter Six Entitled "Other rj ~' Business Regulation and Licensing" by Adding Section 6.35, Subd. 5, regarding distribution of proceeds; (~ and by adopting by reference Eagan City Code Chapter 1 and Seciion 6.99. ~ r g E. PREMISES PERMIT APPLICATION -METRO BASEBALL LEAGUE. A Premises Permit for the Metro Baseball League to conduct pull-tab sales at Joe Sensor's Sport Grill. ~~ 4 F. SITE PLAN REVIEW - Parkview Golf Club VII. NEW BUSINESS I~1~ A. PRELIMINARY 2003 Budget and Tax Levy • Adopt Preliminary 2003 General Fund Budget • Certify the Preliminary 2003 Property Tax Levy • Set Truth-in-Taxation Hearing Dates • Change the Date of the First Regular City Council Meeting in December 1 ~b B. CONDITIONAL USE PERMIT & VARIANCES -SPECTRUM INVESTMENT GROUP. A Conditional Use Permit to allow a Class I restaurant with on-sale liquor in a Business Park zoning district, a Variance to allow nine foot wide by 18 foot deep parking stalls and a Variance to allow a five foot setback from a street for parking on Lot 1, Block 1, Spectrum Business Park, located at 1030 Blue Gentian Road in the NW 'h of Section 2. r~SC. CONDITIONAL USE PERMIT & VARIANCES -SPECTRUM INVESTMENT GROUP. A Conditional Use Permit to allow a hotel in a Business Park zoning district, a Variance to allow nine foot wide parking stalls and a Variance to allow a five foot setback from a street for parking on Lot 3, Block 1, Spectrum Business Park, located at 2775 Blue Water Road in the NW '/< of Section 2. ~3D. PLANNED DEVELOPMENT AMENDMENT -MAGNUM DEVELOPMENT. A Planned Development Amendment to amend the use of Lot 2, Block 1, Hadler Park from a Class I restaurant to asingle-tenant retail building with a pylon sign, located on the south side of cliff Road, west of Walgreen's in the NE'/< of Section 31. P a c~ E. REZONING -CITY OF EAGAN. A Rezoning of approximately eight acres from RB (Roadside Business) to PD Planned Development and Preliminary Planned Development to allow RB uses, located on the east side of Highway 77, south of the Citgo gas station in the NW '/4 of Section 30. P'o9 F. COMPREHENSIVE GUIDE PLAN TEXT AMENDMENT -CITY OF EAGAN. A Comprehensive Guide Plan Text Amendment to clarify the City's 2010 and 2020 household forecasts. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads X. ADJOURNMENT p a 13XI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. EXECUTIVE SESSION The Ciry of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan . MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 30,2002 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 3, 2002 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 3, 2002 City Council agenda, the following items are in order for consideration. AGENDA MEMO SEPTEMBER 3, 2002 III. RECOGNITIONS AND PRESENTATIONS A. September 11 Recognition and Observance An announcement will be made regarding plans for the September 11 observance Agenda Information Memo September 3, 2002 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 August 20, 2002 regular City Council meeting, the August 27, 2002 special City Council workshop and the August 13, 2002 special City Council workshop as presented or modified. ATTACHMENTS: Minutes of the August 20, 2002 regular City Council meeting are enclosed on pages through ~. Minutes of the August 27, 2002 special City Council workshop are enclosed on pages ~ 3 through ~. Minutes of the August 13, 2002 special City Council workshop are enclosed on pages ~~ through ~. 3 DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 20, 2002 A Listening Session was held from 6:00 to 6:30 in the Community Room prior to the regular meeting. There were no residents who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, August 20, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councihnembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Awada announced that the following two items would be added under the Administrative Agenda. 4. Develop North Park for Soccer Fields 5. Waiver of fee for use of Civic Arena for job fair Mayor Awada also announced that item E under the Consent Agenda would be pulled for discussion and items X and Y under the Consent Agenda would be pulled from the agenda and continued to a future date. Councihnember Fields moved, Councihnember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Carla Kretz, representing the Minnesota Recreation and Park Association, presented the City with the MRPA Award of Excellence for the Grandfather Tree Project. Councihnembers noted they would like to acknowledge Kay Gustafson for her work on the project. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the August 6, 2002 regular City Council meeting as presented. B. Personnel Items. C. Check Registers. It was recommended to ratify the check registers dated August 8, 2002 and August 15, 2002 as presented. D. National Alcohol and Drug Addition Recovery Month. It was recommended to proclaim September as National Alcohol and Drug Addiction Recovery Month. E. PULLED FOR DISCUSSION. Premises Permit. It was recommended to approve a 2002 Premises Permit for the Metro Baseball League at Joe Sensor's Sport Grill. F. Amusement Device License Renewal. It was recommended to approve a 2002 Amusement Device License renewal for Regal Cinemas, 2055 Cliff Road. G. Tobacco License. It was recommended to approve a 2002 Tobacco License for Comers Liquor Unlimited. H. Commercial Trash Hauler License. It was recommended to approve 2002 Commercial Trash Hauler License for Aatlas Waste Systems, 4640 B Lyndale Avenue North, Minneapolis. I. Change Order. It was recommended to approve Change Order #2 to Ebert Construction in the amount of $4, I75. J. Chafe Order. It was recommended to approve Change Order #5 to the Eagan Community Center in the total amount of $14,920.00 and correction in the amount of $254.00 to Change Order #2 as a result of an account error. K. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Waiver of Subdivision and Variance request of Glenn Hartzell for a duplex lot split without providing separate water and sewer services for each dwelling unit on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane in the NW '/< of Section 27. S~ Eagan City Council Meeting Minutes August 20, 2002 Page 2 DRAFT L. City Wide Telephone System. It was recommended to receive bids and award contract to Matrix for the City wide telephone system. M. Contract 01-04. It was recommended to approve Change Order No. 5 to Contract 01-04 (Central Parkway/ Northwood Parkway and Community Center -Street, Utility and Grading Improvements) and authorize the Mayor and City Clerk to execute all related documents. N. Renaming of Carol Street. It was recommended to approve the renaming of Carol Street to Red Pine Lane. O. Contract~02-02. It was recommended to authorize final payment for Contract 02-02 (River Hills 9~', Cedar Cliff / Mari Acre, Post Additions /Rustic Hills / Oster Addition -Street Improvements) P. Project 866. It was recommended to approve an Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping Improvements) with Dakota Electric Association and authorize the Mayor and City Clerk to execute all related documents. Q. Accept Bids -Award Contract. It was recommended to accept bids and award the contract to Alpha Video for Alternate Bid #1 in the amount of $86,699.15 for audio-visual equipment in the Community Room. R. Classification of Tax Forfeited Property. It was recommended to declare the following parcel as non- conservation land: 10-72977-003-04 (Sun Cliff 3`d Addition Southpointe Condo File #84 Garage 103 Building #5). S. 2003-2007 CIP Part II Vehicles and Equipment. It was recommended to approve Part II (Vehicles and Equipment) of the 2003 -1007 Capital Improvement Program (CIP). T. Contract 02-11. It was recommended to approve Change Order No. 1 to Contract 02-11 (Dodd Road, Cliff Road to 120`" Street -Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. U. Project 794. It was recommended to receive the Final Assessment Roll for Project 794 (River Hills 9`~ Addition -Street Resurfacing) and schedule a public hearing to be held on September 17, 2002. V. Project 795. It was recommended to receive the Final Assessment Roll for Project 795 (Beacon Hill / Brittany Additions /Johnny Cake Ridge Addition / Covington Lane -Street Overlay) and schedule a public hearing to be held on September 17, 2002. W. PULLED FROM AGENDA -Continued to Sept. 3, 2002 Project 796. It was recommended to receive the Final Assessment Roll for Project 796 (Cedar Cliff/Mari Acres -Street Overlay) and schedule a public hearing to be held on September 17, 2002. X. PULLED FROM AGENDA -Continued to Sept. 3, 2002 Project 852. It was recommended to receive the Final Assessment Roll for Project 852 (Post Addition /Rustic Hills Drive / Oster Addition -Street Overlay) and schedule a public hearing to be held on September 17, 2002. Y. Proiect 751R. It was recommended to approve an Easement Agreement for project 751R (Dodd Road, Cliff Road to Butwin Road -Street, Urility and Trail Improvements) with the owners of Parcel 10- 03600-028-25 (4615 Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. Z. General Obligation Improvement Bonds. It was recommended to approve the resolution to issue and sell $3,550,000 General Obligation Improvement Bonds, Series 2002A. AA. General Obligation Improvement Refundin Bg_ onds. It was recommended to approve the resolution to issue and sell $1,290,000 General Obligation Improvement Refunding Bonds, Series 2002B. BB. Absentee Election Judees. It was recommended to approve the list of absentee election judges for the September 10, 2002 Primary Election. CC. Change Order. It was recommended to approve change order #2 Eagan Central Park Bandshell in the amount of $45,729.00. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve the balance of the Consent Agenda. E. 2002 Premises Permit Application -Metro Baseball League City Administrator Hedges discussed this item regarding a premises permit to allow pull tabs for the Metro Baseball League at Joe Sensor's Sport Grill which was continued from the August 6, 2002 Council meeting. The applicant had been asked to provide additional information as to how proceeds from pull tabs will benefit Eagan residences and/or Eagan businesses. s Eagan City Council Meeting Minutes August 20, 2002 Page 3 DRAFT Kirk Detlefsen, President of the Metro Baseball League, discussed how the operation of the charitable gambling premise permit would serve the Eagan community. Councilmembers discussed the possibility that proceeds from the pull tabs may not be used exclusively for the benefit of the citizens of Eagan. Councihnember Carlson stated she felt a review should be conducted on the policies regulating premises pernuts and she would like a guarantee that the proceeds will stay within Eagan. Councihnember Bakken stated there is a need to distinguish between a one day charitable gambling pernut and a full time permit to operate pull tabs. Councihnember Tilley moved, Councihnember Fields seconded a motion to deny the premises permit for Metro Baseball League. Councilmember Bakken suggested that applicant waive 60 day agency action requirement to allow time for Council and staff to draft an ordinance amendment. Councilmember Tilley withdrew her motion for denial. Mr. Detlefsen requested a continuance of consideration of the premises permit, waiving the 60 day agency action requirement. Mayor Awada moved, Councilmember Fields seconded a motion to continue consideration of a premises permit for Metro Baseball League until the September 3, 2002 City Council meeting. Aye: 5 Nay: 0 A subcommittee consisting of Councihnembers Fields and Carlson was formed and will evaluate the ordinance regulating charitable gambling. PUBLIC HEARINGS VARIANCE -KEN AND LISA SCHELLER (1042 SAVANNAH ROAD) City Administrator Hedges introduced this item regarding a request fora 1.7 percent variance from the maximum 20 percent building coverage standard in Residential zoning districts for the construction of an addition on property located at 1042 Savannah Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councihnember Bakken moved, Councilmember Carlson seconded a motion to approve a 1.7 percent Variance from the maximum 20 percent building coverage standard in Residential zoning districts for the construction of a 216 square foot addition on property located at 1042 Savannah Road (Lot 5, Block 1, Lexington Square 3rd Addition) in the NW '/. of Section 23. Aye: 5 Nay: 0 VARIANCE - WILLLaiM AND JENIFER ORR Ciry Administrator Hedges introduced this item regarding a request for aseven-foot Variance to the maximum ten foot accessory structure wall height located at 3537 Great Oaks Place. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councilmember Bakken seconded a motion to approve aseven-foot Variance to the maximum ten foot accessory structure wall height for a pool house on property located at 3537 Great Oaks Place, legally described as Lot 7, Block 1, Great Oaks in the NE '/< of Section 14. Aye: 5 Nay: 0 6 Eagan City Council Meeting Minutes August 20, 2002 Page 4 OLD BUSINESS DRAFT FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (OLSON-BURGER ADDITION) - CARL OLSON AND RICHARD BURGER !HEARTH TECHNOLOGIES, INC. City Administrator Hedges introduced this item regarding a fmal subdivision to create three lots on 6.68 acres located at Northwood Parkway and Denmark Avenue, along with the vacation of a portion of Denmark Avenue right-of--way. Senior Planner Ridley gave a staff report. A brief discussion regarding Denmark Avenue construction was held. Councihnember Carlson moved, Councihnember Fields seconded a motion to approve a Final Subdivision to create three lots on 6.68 acres located at Northwood Parkway and Denmark Avenue in the S '/z of Section 10 and the vacation of a portion of the Denmark Avenue right-of--way which is incorporated into the fmal plat. Aye: 5 Nay: 0 Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Final Planned Development for Lot 1, Block 2, Olson-Burger Addition for construction of a 12,833 square foot retail store. Aye: 5 Nay: 0 CONTRACT 02-17, (CEDAR GROVE AND CENTRAL PARKWAY STREETSCAPING) City Administrator Hedges introduced this item regarding Cedar Grove and Central Parkway Streetscaping. Public Works Director Colbert discussed the results of the forma] bid solicitation. He stated the fmal bid was within 1 % of the original feasibility report estimate, but exceeded the engineer's estimate by 18%. Council discussed options which included re-advertising for bids later this year and taking a risk that there may be cost savings to the City, or a possible increase in costs, or going forward with the project by awarding the bid to Jay Brothers, Inc. Councilmembers were in agreement to proceed with the award of the contract. Councilmember Carlson moved, Councihnember Fields seconded a motion to award Contract 02-17 (Cedar Grove and Central Parkway - Streetscaping) to the low bidder, Jay Brothers Inc. for the base bid amount only and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION MARK GERGEN AND ASSOCIATES City Administrator Hedges introduced this item regarding a rezoning of approximately 8.4 acres from A(Agriculture) and RB (Roadside Business) to PD (Planned Development) and a Preliminary Subdivision (Greyhawk Townhomes) to create 441ots for townhomes, one lot for a single family dwelling and three outIots, located north of Blackhawk Plaza. Senior Planner Ridley gave a staff report. Sharon Hanson, 4105 Blackhawk Road discussed her concern regarding stop signs on Blackhawk at Silver Bell Road. Public Works Director Colbert discussed the traffic study and timeframe for the Silver Bell / Blackhawk traffic signal. Councihnember Bakken suggested and Director Colbert agreed that it would be more prudent for a study to be conducted after the Cedar Grove Redevelopment road construction project is completed. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve a rezoning of approximately 5 acres from A (Agriculture) to PD (Planned Development) subject to the following conditions: Aye: 4 Nay: 1 Bakken opposed. 1. The applicant shall enter into Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for 44 townhomes and one single family dwelling. 3. The term of this Planned Development shall be five years. Eagan City Council Meeting Minutes August 20, 2002 Page 5 ~R.aFr The applicant shall enter into a Final Planned Development Agreement with the City. the following exhibits are necessary for the Agreement: a. Final Site Plan b. Final Building Elevations Plan c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Lighting Plan f. Final Signage Plan 5. The landscape plan shall be prepared by astate-registered landscape architect or certified nurseryperson. 6. The landscape plan shall be revised to incorporate the following: a. The grading plan shall be incorporated into the landscape plan. b. Addition deciduous trees and shrubs shall be planted throughout the development. c. Minimum landscape requirements shall be met in addition to the required tree mitigation. d. Interstate Highway 35E noise abatement shall include coniferous trees. e. An irrigation system shall be provided. 7. Townhome elevation plans shall be revised to incorporate the following: a. Relief shall be provided with the use of at least two materials. b. Windows shall be provided on side elevations. c. At least four different styles of garage doors shall be used to add variety. d. Accent trim shall be added around all windows. 8. The following are minimum structure, including deck, setbacks: a. Site perimeter - 30 feet. b. Property line adjacent to Interstate Highway 35E - 50 feet. c. Private through street - 25 feet. d. Private cul-de-sac - 20 feet. 9. Light fixtures shall be shielded to reduce glare. 10. All light fixtures on poles shall not exceed 20 feet in height. 11. Freestanding signage shall comply with the City Code. 12. The recreation area shall be incorporated into the interior of the development. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Greyhawk 151 Addition) consisting of 15 lots and three outlots located in the SE'/. of Section 20 subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: B1, 3, 4; C1, 2, 4; D1; E1 2. The property shall be platted. 3. The proposal shall be subject to cash park and trail dedication. 4. To require that the applicant fulfill tree preservation mitigation through the installation of 21 category A trees. 5. The applicant shall submit a revised Tree Mitigation Plan addressing the following recommendations: a. Mitigation trees shall be planted in more "natural" areas, (around ponds or along external property lines) while reserving "plantable" areas along roads and between buildings for landscape requirements trees. b. Coniferous trees (spruce or pine) shall not be planted near buildings, vehicle intersections, and trails. c. Tree species and caliper shall be noted on the Tree Mitigation Plan (and the Landscape Plan). 6. To acknowledge that the applicant will preserve tree #45 by transplanting it to an ara near the west pond. 7. To require that Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) 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. 8. To require that the applicant contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuace of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Eagan City Council Meeting Minutes August 20, 2002 Page 6 DRgFT 9. This development shall be responsible for a cash dedication in lieu of ponding. 10. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development shall also be subject to the City's recently codified land disturbance and erosion control regulations. 11. The vacation of the existing easements shall be petitioned by the developer and approved by the City Council at time of fmal subdivision. 12. If the property owner of Pazce1010-78 is agreeable to accepting a private street aces easement covering the private streets within the Greyhawk development for possible use with its future development, the applicant shall prepare and record the easement subject to review and approval of the City Attorney. 13. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Townhome Association. the documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. Transfers of common areas to the Townhome Association shall be recorded with the subdivision. 14. The Townhome Association shall own all outlots. 15. The recreation area shall be platted as an outlot and owned by the Townhome Association. Councihnember Bakken moved, Mayor Awada seconded a motion to direct staff to perform afollow-up traffic study for the Silver Bell Road / Blackhawk Road intersection after the completion of construction in the Cedar Grove area. Aye: 3 Nay: 2 Fields and Carlson opposed. NEW BUSINESS PRELIMINARY SUBDIVISION (DINE 2''1D ADDITION) WILLIAM HEINE AND JOHN AND LAURA BURBACH City Administrator Hedges introduced this item regarding a preliminary subdivision to create two single family lots on 1.6 acres located at 1480 and 1490 Diffley Road. Senior Planner Ridley gave a staff report. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a Preliminary Subdivision (Heine 2"d Addition) to create two single-family lots, on 1.6 acres located at 1480 and 1490 Diffley Road in the NE '/. of Section 28, subject to the following conditions: Aye: 5 Nay: 0 The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3 and B4. The property shall be platted. An ingress and egress easement shall be provided for Lot 1 over the northerly portion of Lot 2. the easement documents shall be submitted to the City Attorney for review and approval prior to fmal subdivision approval. PRELIlVIINARY SUBDIVISION (WENDOLEK WOODS) RANDY AND LORI WENDOLEK City Administrator Hedges introduced this item regarding a preliminary subdivision to create two single family lots on 1.06 acres at 4565 Oak Pond Road. Senior Planner Ridley gave a staff report. Randy Wendolek, applicant, discussed the process and expense he has incurred to subdivide the parcel. He requested that the Council waive the condition of connecting to City sewer and water. Ron Pavlak, neighboring property owner, discussed his concerns regazding the lot elevation and the water level of the pond. He requested that the site be inspected. Senior Planner Ridley stated that the elevation of the property was discussed at the Advisory Planning Commission where Assistant City Engineer Gorder indicated that the proposed elevations aze sufficient. Councilmember Cazlson moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to create two single-family lots on 1.06 acres at 4565 Oak Pond Road in the SE '/, of Section 26, subject to the following conditions: Aye: 5 Nay: 0 9 Eagan City Council Meeting Minutes August 20, 2002 Page 7 DRAFT 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1, B4, C 1 and E 1. 2. The property shall be platted. 3. An emergency overland drainage swale, in accordance with City engineering standards shall be provided from the low point of Oak Pond Road, across Lot 2 to Pond LP-34. 4. This proposal would be subject to a cash water quality dedication in lieu of on-site ponding. The dedication is payable prior to release of the final plat for recording at the rates then in effect. 5. The existing house on Lot 1 shall connect to the City sanitary sewer and water main systems prior to final subdivision approval for this development. 6. The existing septic and well systems on Lot 1 shall be abandoned in accordance with City and County standards at time of final subdivision for the development. 7. Public drainage and utility easement shall be dedicated on the final plat to incorporate the required high water elevation of Pond LP-34 (887.0) plus three feet (to 890.0) as necessitated by storm water storage volume requirements. 8. An Individual Lot Tree Preservation Plan will be required at the time of building permit application. the Plan must fulfill all the requirements of the Tree Preservation Ordinance including showing grading limits, methods to protect trees intended to be preserved (i.e. tree protection fencing placed one foot per one inch diameter of each tree to be preserved, and the species, size and location of any required replacement trees.) The Individual Lot Tree Preservation Plan must be prepared by a qualified professional, a licensed landscape architect or certified arborist. 9. This development is subject to cash parks and cash trails dedication for Lot 2, payable prior to release of the final plat for recording at the rates then in effect. REZONING AND PRELIMINARY SUBDIVISION -WATERS EDGE (MCDONALD CONSTRUCTION) City Administrator Hedges introduced this item regazding a rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family) and a preliminary subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one outlot, located at 1470 Englert Road. Senior Planner Ridley gave a staff report. The applicant discussed the possibility of obtaining an easement from adjacent property owners that would allow access to Outlot A. Councilmembers and staff discussed the need for a variance to allow the easement for Outlot A, the encroachment of the neighbor's garage onto the subject property and ways to prevent the garage from having to be removed, and various options for platting the property. Mayor Awada moved, Councilmember Bakken seconded a motion to approve a Rezoning of 2.73 acres from R-2 (Residential Double) to R-1 (Residential Single Family). Aye: 3 Nay: 0 Fields and Tilley abstained. Mayor Awada moved, Councilmember Cazlson seconded a motion to approve a Preliminary Subdivision (Waters Edge) of approximately five acres to create eight lots for single family dwellings and one outlot, located at 1470 Englert Road in the SE '/, of Section 16, subject to the following conditions: Aye: 3 Nay: 0 Fields and Tilley abstained. 1. The developer shall comply with the following standard conditions of plat approval as adopted by Council on February 2, 1993: B1, 2, 3; C1, 2; D1; and E1 2. The property shall be platted. 3. The term "Estate" shall be changed on the Final Plat. 4. Outlot A shall be combined with Lot 1. 5. The developer shall dedicate restricted access for Outlot A on Pilot Knob Road (Dakota County Road 31). 6. The existing garage on the exception parcel to the west that encroaches into proposed Outlot A shall either be relocated or removed. 7. The accessory structure located on proposed outlot A shall be removed. io Eagan City Council Meeting Minutes August 20, 2002 Page 8 DRgFi 8. That portion of the concrete driveway slab for the existing home that encroaches into Lot 6 shall be removed. 9. All applicable provisions of the Shoreland Ordinance shall apply to the development of the property. 10. An Individual Lot Tree Preservation Plan will be required for Lot 8 at the time of building permit application. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 12. The applicant shall contact the City Forestry Division to set up aper-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. 13. The subdivision shall be responsible for a water quality cash dedication in lieu of ponding. 14. The subdivision shall be subject to cash park and trail dedication. 15. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards, and the land disturbance/erosion control regulations. 16. The development shall provide adequate sanitary sewer service to Parcels 013-79-030-79 and provide a private easement to allow its continued use as a service line. 17. The developer shall be responsible for resolving the right-of--way dedication issue along Pilot Knob Road with Dakota County prior to Final Subdivision and Plat approval. ADMINISTRATIVE AGENDA . SEPTEMBER SPECIAL CITY COUNCIL MEETING City Administrator Hedges stated that the 2"d Tuesday of September, which would normally be the date for the special City Council meeting was the date scheduled for the primary election. Mayor Awada moved, Councilmember Carlson seconded a motion to set Monday, September 9, 2002 as the next special City Council meeting to be held at 5:30 p.m. at Holz Farm Aye: 5 Nay: 0. ENTRANCE MARKERS Discussion was held regarding the findings of the Council sub-committee for City entrance markers. Councilmember Bakken moved, Councihnember Tilley seconded a motion to duect staff to initiate acquisition of right-of--way or easements for the entrance marker locations. Aye: 5 Nay: 0 NORTH PARK -SOCCER FIELDS City Administrator Hedges stated that the City Council goals for 2001 and 2002 included a committee investigation of potential sites for additional soccer fields. After extensive review of various possibilities, including working with neighboring cities, the Committee (Mayor Awada and Councilmember Fields) are recommending that North Park be used for soccer fields. Councilmembers discussed the possibility of future necessity to utilize the North Park property in a different manner. It was agreed that changing the name from North Park to North Fields would serve as an indication that the property is not technically "park" property. Councihnember Carlson moved, Councihnember Fields seconded a motion to direct the preparation of plans and specifications for the development of four full size soccer fields at North Park. Aye: 4 Nay: 1 Bakken opposed. Mayor Awada moved, Councihnember Tilley seconded a motion to rename North Park to North Fields. Aye: 5 Nay: 0 // Eagan City Council Meeting Minutes D August 20, 2002 RAF T Page 9 JOB FAIIt -SEPTEMBER 12, 2002 City Administrator Hedges stated that a representative of Dakota County Economic Development has requested that the fee of $400 be waived for the Job Fair to be held at the Civic Arena on September 12, 2002. Mayor Awada moved, Councihnember Tilley seconded a motion to waive the $400 fee for use of the Civic Arena for the DCED Job Fair scheduled for September 12, 2002 and be allocated from the General Fund. Aye: 5 Nay: 0 WAJCO Public Works Director Colbert discussed a request for a conditional use permit for WAJCO, Inc. to operate a car wash in conjunction with a CITGO automobile service station located at 4205 Nicols Road. The permit request included variances to allow existing non-conforming parking and signage setbacks on the property. Council continued this item at their August 6, 2002 meeting to allow the applicant time to pursue the vacation of a portion of the right-of--way of Nicols Road to reduce the setback variance requests. Councilmember Carlson moved, Councihnember Tilley seconded a motion to receive the petition to vacate a portion of public right-of--way on Nicols Road and schedule a public hearing to be held on September 17, 2002. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 9:10 p.m. into a meeting of the Economic Development Authority. The City Council reconvened at 9:15 and then adjourned into an Executive Session. VISITORS TO BE HEARD There were no visitors to be heard. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (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. /2 MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY AUGUST 27, 2002 MUNICPAL CENTER COMMUNITY ROOM 5:30 P.M. Present: Councilmembers Bakken, Carlson, Fields and Tilley. Mayor Awada was absent. Councilmember Fields served as Acting Mayor. Staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Chief Financial Officer Pepper, Assistant to the City Administrator Lord, Senior Planner Ridley, Public Works Director Colbert, Assistant City Administrator Verbrugge, Communications Director Garrison, Police Chief Therkelsen, Parks and Recreation Director Vraa, and Chief Building Official Schoeppner. I. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Carlson seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 City Administrator Hedges briefed the Council on the new security badges at City Hall, and explained that the badges are the first step in a more comprehensive security system being explored for City Hall and other City facilities. City Administrator Hedges announced that an observance ceremony will take place on September 11 outside of City Hall at the flagpole. The event will include the presence of a color guard, a brief remembrance ceremony, a moment of silence, and Reverend Debbie Brown, an Eagan Police Chaplain, will also be present. City Administrator Hedges announced that the bowling fundraiser for Patriot's Plaza will take place on Thursday, August 29 at Cedarvale Lanes. Councilmembers Carlson and Fields will be participating, along with City Administrator Hedges. City Administrator Hedges noted that the Employee Recognition Picnic will take place on September 12, and not on September 5 as the Informative previously stated. City Administrator Hedges discussed the location of the September 9 Special City Council meeting with the Council, and noted that the primary purpose of the meeting will be for Decision Resources to present the findings of the recent Citizen Survey. Hedges also noted that Holz Farm has extended an invitation to the City Council to tour the Farm on September 9. /3 August 27, 2002 Special City Council Workshop Page 2 Acting Mayor Fields moved, Councilmember Bakken seconded a motion to hold a Special City Council meeting on Monday, September 9 at SPM at Eagan City Hall, to be followed by a tour of Holz Farm at 6:15 PM. Aye: 3 Nay: 0 (Councilmember Tilley was absent during the vote) II. CONSIDER 2003 GENERAL FUND BUDGET City Administrator Hedges presented a summary of the proposed 2003 General Fund Budget, including proposed expenditures, anticipated revenues, State levy limits, and a suggested contingency plans in light of potential reductions and/or elimination of State aids. Hedges noted that the proposed budget is very much a "bare bones" budget and shows an increase of 3.9%, of which 75% is a result of fixed personnel costs. Following the presentation, the City Council inquired about the potential $1.3 million reduction by the State, and noted their frustration that even by levying to the limit, a funding gap would still exist and the City could be forced to cut existing services. The Council also discussed the staffing of the Community Center. Administrative Services Director VanOverbeke noted that the staffing for the senior and teen programs at the Community Center were budgeted in the General Fund at the Council's direction, as the two programs would not generate enough program revenues to offset the costs. In preparation for the potential sliding hill at Central Park, the Council asked staff to provide revenue and expenditure history from Trapp Farm Sliding Hill at the next budget meeting. The Council discussed using a portion of the fund balance to pay off $2.2 million in EDA bonds. City Council and Mayoral compensation was also discussed, and the Council agreed to keep the compensation at its current rate. The Council discussed revenue projections. Councilmember Bakken noted that the City will need to be mindful that development related revenues will begin to decrease as the City becomes fully developed, and suggested that in preparation for the 2004 budget, City staff may wish to include a 10-year revenue forecast. City Administrator Hedges noted that budgeting in two or three-year cycles may also aid in revenue and expenditure projections. The Council thanked staff for their work in preparing the 2003 proposed budget, and noted that given the economic outlook for 2003, the budget presented was conservative and reflects an appropriate contingency plan given the likelihood of State aid reductions. Councilmember Bakken moved, Councilmember Tilley seconded a motion for the City Council to consider the following items at the September 3 Council meeting: 1) the 2003 General Fund Preliminary Budget; 2) the proposed payable 2003 Property Tax Levy; and 3) the dates to be considered for the Truth in Taxation Hearing that will be held in December. i~ August 27, 2002 Special City Council Workshop Page 3 There was no other business. III. OTHER BUSINESS XIV. ADJOURNMENT The meeting adjourned at 6:50 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, ('I'DD 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. /S MINUTES OF A SPECIAL CITY COUNCIL WORKSHOP OF THE EAGAN CITY COUNCIL TUESDAY AUGUST 13, 2002 MUNICPAL CENTER COMMUNITY ROOM 5:30 P.M. Present: Mayor Awada, Councilmembers Bakken, Carlson, and Fields. Councilmember Tilley was absent due to illness. Staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, Senior Planner Ridley, Public Works Director Colbert, Assistant City Administrator Verbrugge, Public Works Coordinator Struve, Communications Director Garrison, City Engineer Matthys, and Assistant to the City Administrator Lord. I. ROLL CALL AND AGENDA ADOPTION Councilmember Bakken moved, Councilmember Cazlson seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heazd. III. REVIEW CEDAR GROVE DESIGN STANDARDS City Administrator Hedges briefed the Council on the Cedar Grove subcommittee (Councilmembers Bakken and Tilley) meeting that was held on August 12 to review the design standards prepazed by the consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU). Phil Carlson, a consultant of DSU, presented the design standazds to the City Council. The City Council discussed the standards and agreed to create a special zoning district, with the district perimeters being the area generally bounded by Highway 13 and Cedar Grove Parkway, including property south of Cedar Grove Parkway between Rahn Road and Gold Trail and property lying between Alder Lane and Cedar Grove Parkway. Senior Planner Ridley reported that the Planning Commission will hold a public hearing in September to determine the special azea boundaries to be defined in the Special Area Plan. The Council would then direct the plan to the Metropolitan Council for their review. During the Met Council's review, staff, with the assistance of DSU consultants, will concurrently be defining the special zoning district for implementation upon the Met Council's completed review. Ridley also reported that the consultant will obtain costs for such a district, as well as what the standazds will be for existing uses within the district. The City Council inquired with Public Works Director Colbert about streetscaping in the Cedar Grove redevelopment azea. Colbert noted that the City is working with property owners to minimize disruption from the installation of a trail along the south side of Cedar Grove Pazkway, Rahn Road to Nicols Road. The azea has been removed from the /6 August 13, 2002 Special City Council Workshop Page 2 streetscaping contract, but will be added as a change order or addendum once a plan has been reached with the property owners. Colbert reported that he is hoping to complete the streetscaping improvements by the end of the 2003 construction year. The Council discussed preserving as many trees as possible, and noted that it is important to keep the same scheme for all of the streetscaping along the corridor. IV. PRESENTATION BY DAKOTA COUNTY PARKS RE: METHODS TO IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT At the request of Dakota County, a representative from the Dakota County Parks staff made a presentation to the Council on improving water quality and reducing water quantity through low impact developments. The presentation was made by the County to all City Councils within Dakota County. The second part of the agenda item was a discussion regarding the development related storm drainage fees associated with the County's building permit request for the new Visitor's Center to be constructed at Schultz Beach. Public Works Director Colbert noted that research conducted on the County's development application found that Dakota County has not paid for any of the trunk area utility fees for Lebanon Hills Park. Over the past several years, the City has had to respond on numerous occasions on an emergency basis to assist and accommodate the County's overflows through the City's system, with no payments or reimbursements paid to date. The County, who was represented by Steve Sullivan, Dakota County Parks Director, and Nancy Shouweiler, Dakota County Commissioner, requested that the City delay the storm drainage fees until the County completes their water quality plan and has an opportunity to work with the City to come to a mutually acceptable agreement. Mayor Awada moved, Councihnember Bakken seconded a motion that if the City were to receive written correspondence from Dakota County stating that the County agrees to pay the storm drainage fees either prior to occupancy of the Visitor's Center or as part of a global agreement that both parties agree to, than the City will issue the building permit. Aye: 4 Nay: 0 IV. CONSIDER ORDINANCE AMENDMENTS FOR UTILITY FRANCHISES Public Works Director Colbert briefed the Council on the City's recently adopted right- of-way management policies and related ordinances to regulate the installation and maintenance impacts of private utilities on public right-of--way. Colbert also noted that all but one of the private utility companies need to have their franchise agreements renewed and updated through an ordinance amendment process. /7 August 13, 2002 Special City Council Workshop Page 3 The City Council discussed generating additional revenues under the rights of a franchise agreement to address the following issues: 1) The burden, both physically and financially, placed on the City by private utilities during local public improvements; 2) The City needs better and timelier cooperation from private utilities in the process of day-to-day facility locates and relocation of equipment when needed; 3) The City would like to address ongoing need for more City beautification efforts (buffer/landscaping amenities) related to private utility infrastructure located above ground; and 4) The identification of funding sources to offset payments required by private utilities to modify their facilities, such as burying overhead facilities. Public Works Director Colbert presented a draft utility gas franchise ordinance. The City Council discussed the enforcement and collection of franchise fees, as well as the importance of doing advanced utility fund planning. Public Works Director Colbert noted that other municipalities are also collecting utility franchise fees, and that franchise fees could not be assessed to telecommunications. The City Council voiced their support for franchise fees, and directed staff to proceed in amending the ordinances for utility franchises for Council review. IV. OTHER BUSINESS There was no other business. XIV. ADJOURNMENT The meeting adjourned at 7:45 P.M. Date City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tapes, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-681-4600, (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. /b Agenda Information Memo September 3, 2002 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Planner-- ACTION TO BE CONSIDERED: To approve the hiring of Sheila O'Bryan as a Planner. Item 2. Seasonal Park Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Kathryn Konat as a seasonal park maintenance worker. Item 3. Seasonal Basketball Scorekeeper-- ACTION TO BE CONSIDERED: To approve the hiring of David Schomburg as a seasonal basketball scorekeeperr. i9 Agenda Information Memo September 3, 2002 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 20, 2002 and August 27, 2002 as presented. ATTACHMENTS: Check registers dated August 20, 2002 and August 27, 2002 are enclosed without page number. ao Agenda Information Memo September 3, 2002 Eagan City Council Meeting D. APPROVE WETLAND HEALTH EVALUATION PROGRAM JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: APPROVE the Joint Powers Agreement with Dakota County to Fund Jointly with Other Cities the Dakota County Wetland Health Evaluation Program. FACTS: • In 1997, the City joined the MN Pollution Control Agency, MN Audubon Society, the MN Zoo, Dakota County agencies, and the cities of Lakeville and Burnsville to implement the first Wetland Evaluation Project, which was funded by the U.S. Environmental Protection Agency. • In 1998, the Dakota County Environmental Education Program (DCEEP) initiated the Dakota County Wetland Health Evaluation Project (WHEP), which annually expanded and now also includes Dodge Nature Center and the communities of Apple Valley, Farmington, Hastings, Inver Grove Heights, Mendota Heights, Rosemount, West St. Paul, and South St. Paul. In addition to the U.S. EPA, the MN Environment and Natural Resources Trust Fund (state lottery proceeds) also provided funding. • The WHEP is a joint research and educational project. Its goals are to: 1) provide meaningful data on wetland health to local governments; 2) foster public awareness of wetland value and health within Dakota County; and 3) create positive partnerships between citizens and local governments in addressing natural resource issues. In 2001-2002, the DCEEP and the City of Eagan initiated Eagan's first official Water Resources Demonstration Project at Cedar Pond Park, with help from WHEP volunteers, city residents, local boy scouts, and Sentence to Serve crews; and through funding from the MN Department of Natural Resources and the MN Environment and Natural Resources Trust Fund. Approximately $50,000 of such funding has been invested in the park to restore natural wetland buffers and to establish demonstration rainwater gardens. • In the six years of the program, about 450 volunteers have collected biological data at an estimated 100 wetlands in Dakota County. The 30 or so local volunteers make Eagan's the largest of the WHEP teams. Starting in 2002, after five years of state and federal funding, each city must support its own participation in the WHEP. ATTACHMENTS: Draft Joint Powers Agreement ~ .7..~"~S ai JOINT POWERS AGREEMENT DRAFT WITH CITIES AND DAKOTA COUNTY FOR WETLAND HEALTH EVALUATION PROGRAM THE PARTIES TO THIS AGREEMENT are the County of Dakota (the County), City of Apple Valley, City of Burnsville, City of Eagan, City of Farmington, City of Hastings, City of Inver Grove Heights, City of Lakeville, City of Mendota Heights, City of Rosemount, City of South St. Paul, and City of West St. Paul. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59 [and Minn. Stat. § ~. NOW THEREFORE, the parties, in joint and mutual exercise of their powers agree as follows: 1. General Purpose. The purpose of this joint powers agreement is to allow the parties to jointly fund the Dakota County Wetland Health Evaluation Program (WHEP) which is coordinated and managed by the Dakota County Environmental Education Program (DCEEP). 2. Term. The term of this Agreement shall be for the period June 1, 2002, through May 31, 2003, and may be renewed annually by the parties hereto. 3. Exercise of Powers. The parties to this Agreement agree that the County, through its Community Services Division, shall administer the funds collected hereunder, and shall pay out these funds to DCEEP for administering WHEP. 4. Powers and Duties of the County. 4.1 The County shall apply, monitor, and administer the WHEP funds on behalf of the parties. 4.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices, including an annual audit of the books and accounts of the County concerning the WHEP. 4.3 The County may apply for and accept gifts, grants, or loans and money, other property or assistance from the United States Government, the State of Minnesota, or any person, association, or agency to carry out the purposes of this Agreement. 4.4 The County may use funds to hire and retain a monitoring coordinator, personnel consulting firm and such other personnel as may be needed to provide the services contemplated under this Agreement. 5. Funding. Each member shall contribute funds under this Agreement as follows for the year 2002: Apple Valley $3,850 Lakeville $3,850 Burnsville $3,850 Mendota Heights $1,740 Eagan $3,850 Rosemount $3,850 Farmington $3,850 South St. Paul $870 Hastings $3,850 West St. Paul $1,740 Inver Grove Heights $3,850 Page 1 of 4 ~~ Payment of each member's contribution is due and payable by the member upon execution of this Agreement. 6. Books and records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. Ch. 13, the Government Data Practices Act. The County's books, reports, and records concerning this Agreement shall be open to inspection by the parties at all reasonable times. 7. Disposition of Property and Funds. At such time as this Agreement is terminated, any property interest remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance with the terms and conditions of this Agreement. It is understood and agreed, however, that any equipment purchased with funds collected under this Agreement shall remain the property of the DCEEP and not subject to the provisions of this paragraph. 8. Indemnification. Each party to this Agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. 9. Withdrawal. Any party may withdraw from this Agreement at any time upon 180 days written notice to the other parties. However no refund to withdrawing parties and no share of disposition of property and funds shall be made, unless and until the Joint Powers Agreement is terminated pursuant to paragraph 10 below. 10. Termination. This Agreement shall terminate May 31, 2003, unless extended by further written agreement of the parties. 11. Amendments. This Agreement may be amended at any time by agreement by all the parties. Such amendment shall be approved by all parties and shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Approved as to form: Andrea G. White/Date COUNTY OF DAKOTA By (please print name/title) Date of Signature Approved by Dakota County Board Resolution No. Page 2 of 4 CITY OF APPLE VALLEY By (please print name/title) Date of Signature ~3 CITY OF BURNSVILLE Page 3 of 4 By, (please print name/title) Date of Signature CITY OF EAGAN By. (please print name/title) Date of Signature CITY OF FARMINGTON By (please print name/title) Date of Signature CITY OF HASTINGS By. (please print name/title) Date of Signature CITY OF INVER GROVE HEIGHTS By (please print name/title) Date of Signature CITY OF LAKEVILLE By (please print name/title) Date of Signature ay CITY OF MENDOTA HEIGHTS K/1ti02-227 wetland health jpa Page 4 of 4 BY. (please print name/title) Date of Signature CITY OF ROSEMOUNT By (please print name/title) Date of Signature CITY OF SOUTH ST. PAUL By. (please print name/title) Date of Signature CITY OF WEST ST. PAUL By (please print name/title) Date of Signature as Agenda Information Memo September 3, 2002 Eagan City Council Meeting t' ~ ~ APPOINTMENT OF REPRESENTATIVES TO MSP NOISE OVERSIGHT COMMITTEE ACTION TO BE CONSIDERED: To appoint Assistant City Administrator Jamie Verbrugge as the Eagan representative to the MSP Noise Oversight Committee, and to appoint City Administrator Tom Hedges as the alternate representative. FACTS: • The Metropolitan Airports Commission approved creation of the Minneapolis-St. Paul International Airport (MSP) Noise Oversight Committee. • The MSP Noise Oversight Committee was the result of a Blue Ribbon Panel recommendation to form a new collaborative community-user noise issues forum. • Assistant City Administrator Verbrugge is the primary staff person responsible for airport issues and is the staff liaison to the Eagan Airport Relations Commission. Due to the technical nature of the Noise Oversight Committee, it is appropriate that the primary staff person be the appointed representative. • It is expected that all Committee activities will be reported back to the Eagan Airport Relations Commission, and position recommendations sought from the ARC and City Council prior to any vote being cast. ATTACHMENT: • AA lGetter from MAC Executive Director Jeff Hamiel is attached on pages ~ through d • A copy of the final Blue Ribbon Panel report is attached on pages ~ through ~6 METROPOLITAN AIRPORTS COMMISSIOI\T >~.~" 54 ~. Minneapolis-Saint Paul International Airport 4 1? ~ 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 3 ~ Phone (612) 726-8100 • Fax (612) 726-5296 ~- .: .~ `~~`' Office of Execufive Director ~ 5:go~a August 20, 2002 Eagan City Hall Attn: Mr. Tom Hedges -City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: As I am sure you are aware, on October 31, 2000 ten of the Metropolitan Aircraft Sound Abatement Council (MASAC) airport user members resigned from the Council. The airport users resignations were based on the perception that the group had become an unbalanced community advocacy group. The resignation letter stated, "...MASAC has become a community advocacy group and no longer provides a viable framework for a thorough and balanced review of technically complex issues with significant legal, environmental and economic implications for communities and the industry. " An eleventh airport user member resigned at a later date citing the same concerns. Soon after the airline resignations from MASAC, I proposed that a Blue Ribbon Panel be established to develop a new framework for an aircraft noise advisory committee. The community members participating on the Blue Ribbon Panel were Barret Lane - a member of the Minneapolis City Council, Jamie Verbrugge - Eagan's assistant city manager, and Jill Smith -former member of the Mendota Heights City Council. The airport user members on the Panel were John DeCoster -Northwest Airlines Regional Director of Airport Affairs, Bob Johnson -member of the Minnesota Business Aircraft Association, and Pete Levermore -UPS Airport Properties Representative. John Himle, former MAC Commissioner, facilitated the group's deliberations. Upon completion of the Blue Ribbon Panel deliberations on June 18, 2002, a final report was unanimously approved by the Panel and forwarded to the MAC for consideration. On August 19, 2002 the MAC Full Commission approved the attached report outlining elements for the formation of a new MSP Noise Oversight Committee (NOC). I would like to echo the sentiments of the Blue Ribbon Panel, in that I believe an MSP noise committee, which is a balanced composition of airport users and communities, is The Metropolitan Airports Commission is an affirmative action employer. Reliever Airports: AIRLAICE • ANOKA COUNTY/BI.AINE • CRYSTAL • FLYING CLOUD • LAKE ELMO • SAII~*I' PAUL DOWNT0~1N critical to the effective development and operation of a major urban airport like MSP. This proposal provides such an organization. As outlined in the NOC organizational framework, the City of Eagan is provided with a voting position on the NOC. Thus, I am requesting the City's appointment of a representative and alternate to serve on the NOC as vested representatives of the City of Eagan. It is anticipated that the first meeting of the NOC will be conducted in late November 2002. The City's prompt response in this matter would be greatly appreciated. If you have any questions with regard to the NOC and the associated request I have presented, please contact Chad Leave -Manager, MAC Aviation Noise and Satellite Programs at 612-725-6326. Thank you in advance for your prompt response, and I look forward to the on-going benefits this new cooperative effort will foster. cerely, ~Z~ Hamiel Executive Director Metropolitan Airports Commission cc: Mr. Jamie Verbrugge -Assistant City Administrator Mr. Chad Leave -Manager, Aviation Noise and Satellite Programs Attachment (1) ax MgP Aviation Noise MSP Aviation Noise Blue Ribbon Panel Report to the Metropolitan Airports Commission Regarding a New MSP Noise Oversight Committee (NOC) Framework MSP Aviation Noise Blue Ribbon Panel June 18, 2002 ~9 Blue Ribbon Pane CONTENTS Background 1 Recommended Framework for a New MSP Noise Oversight Committee (NOC) 2 Organizational Mission 2 Membership 3 Procedures/Rules of Order ~ 3 Metropolitan Airports Commission Role 4 Staffing Roles and Responsibilities 4 Reporting Relationship and Responsibility in MAC's Process 5 Additional Elements 5 MSP Noise Oversight Cornrnittee (NOCI Bvlaws 6 Committee Mission 6 Membership 6 Powers and Duties of Membership 8 Voting Rights of Membership 8 Co-Chairperson 9 Technical Advisor 10 Technical Studies 10 Committee Meetings 11 Sub-Committees 11 Procedures and Rules of Order 12 Reporting Relationship and Responsibility in MAC's Process 12 30 BACKGROUND For more than 30 years at the Minneapolis - St. Paul International (MSP) airport the Metropolitan Aircraft Sound Abatement Council (MASAC) provided an airport noise forum comprised of an equal number of community and airport user representatives. On October 31, 2000, the airline members resigned from the Council citing concerns that the organization had become an unbalanced community advocacy group. Concerns focused on the Council's ability to address airport noise issues in a manner that considered all interests and applicable Federal policies. Due to the resignation of the airlines from the Council, the organization was disbanded. A Blue Ribbon Panel was established to develop a new MSP noise committee framework. Three community and three airport user representatives were appointed by their respective constituencies to serve on the Panel. The community members on the Panel were Barret Lane - a member of the Minneapolis City Council, Jamie Verbrugge - Eagan's Assistant City Administrator, and Jill Smith -former member of the Mendota Heights City Council. The airport user members on the Panel were John DeCoster - Northwest Airlines Regional Director of Airport Affairs, Bob Johnson -member of the Minnesota Business Aviation Association, and Pete Levermore -UPS Airport Properties Representative. The Panel discussed several topics related to the specific elements associated with a new organizational framework that addressed both airport user and community concerns. The Panel discussion focused on organizational mission, procedures/rules of order, the Metropolitan Airports Commission (MAC) role, staffing roles and responsibilities and the reporting relationship and responsibilities in the MAC's process. The Panel began their deliberations on December 18, 2001 and concluded on June 18, 2002. Throughout the course of six meetings, the Panel unanimously agreed that an MSP noise committee is critical to the effective development and operation of a major urban airport like MSP. The Panel developed the attached MSP Noise Oversight Committee (NOC) framework and associated bylaws. 3/ ~~ G 'JF Off` RS~G s P ,t `c ,SUF. Recommended Framework for the New MSP Noise Oversight Committee (NOC) ~ Organizational Mission Provide a balanced forum for the discussion and evaluation of noise impacts around Minneapolis-St. Paul International Airport through the following functions: ^ Identify, study and analyze airport noise issues ^ Provide policy recommendations or options to the MAC Planning and Environment Committee and full Commission regazding airport noise issues ^ Monitor compliance with established noise policy at MSP ^ Ensure the collection of information and dissemination to the public. The above functions will be conducted in a manner that considers public and airport user concerns, taking into consideration public input information from the following channels of communication: • MAC noise office ^ MAC Aviation Noise and Satellite Program Website ^ MSP Noise News newsletter ^ MAC noise complaint and information hotline ^ Governmental body official policy development processes ^ MAC public hearings ^ MAC informational meetings ^ Individual NOC members ^ MAC Planning and Environment Committee ^ Metropolitan Airports Commission meetings. 3 a- ~ Membership o The Committee will have twelve members with six airport user representatives and six community representatives. The total Committee membership will never exceed twelve members, unless it is the unanimous position of the Committee. o Community representation will be defined as those communities (5) within or touched by the most recently developed and submitted Part 150 65 DNL contour. The Committee will also have one community member at large, to be selected from, and to represent, the cities of St. Paul, Burnsville, Inver Grove Heights, Sunfish Lake and St. Louis Park. o The airport user airline and pilot members will be determined by the MSP Airport Airline Affairs Committee (AAAC), with one vote to each of the following - a scheduled air carrier, charter carrier, cazgo operator, a chief pilot of an operator at MSP and the Minnesota Business Aviation Association (MBAA). MBAA will appoint its representative. The Committee will also have one airport user member at large, selected by the MSP AAAC. o Both airport user and community representatives must be vested to represent their constituency and vote accordingly. o If a member vacancy occurs, the respective constituency will appoint a replacement. o An alternate member will be appointed by each member organization. Alternates will only be allowed to represent their respective organization in the absence of the primazy designee. o Members will be appointed for a term of two years. The two at-large members will serve for a yeaz term with mandatory community at-large member rotation at the conclusion of a term ~ Procedures/Rules of Order o Robert's Rules of Order will be the governing doctrine for conduct of business and membership participation behavior. The Committee may also adopt other rules necessazy for the governance of Committee's conduct of business. A rule can only be amended or suspended by a vote of two-thirds of the full Committee. o Meetings will be scheduled every other month, as determined by the Committee. Meetings will be held if workload/business necessitates. Meetings shall be conducted quarterly at a minimum, unless two-thirds of the members vote not to have a meeting. o Prior to every meeting, a Committee agenda review session will be conducted for Committee members only. Committee meetings will be open to the public. All decisions, staff direction and votes will be made during the public Committee meeting. o Meetings will be held during business hours at the MAC General Offices. 33 o Agendas will be prepazed with the consent of both of the co-chairs and distributed at least two weeks prior to the meeting. To vote on an item it must be on the agenda. Items can be added to the agenda for discussion by atwo-thirds vote of the members. o All votes required for the passage of a motion will require a quorum as defined by a majority (one greater than half] of both the community and airport user segments of the organization. o For the purpose of conducting business, at least half of the full Committee members must be in attendance. Attendance includes meeting participation via conference call or by a designated alternate. o Sub-Committees will be established on an as needed basis as determined by the organization as a whole and shall be comprised of people with the expertise or vested interest in the azea of discussion, with a date certain completion time. Sub-Committees shall be provided a defined task to accomplish and a timeframe within which to complete the task. The composition of Sub-Committees shall be an equal balance of airport user and community representatives. o Special meetings can be called by the Committee as a whole or by the mutual consent of the co-chairs. ~ Metropolitan Airports Commission Role o MAC staff shall act as a technical advisor to the Committee. o MAC Commissioners aze invited to attend each meeting and participate in discussions, but are not eligible to vote. o Annual work plans will be developed in consultation with the MAC Planning and Environment Committee. The work plan will be submitted annually to the Metropolitan Airports Commission for informational purposes. o MAC staff will sponsor quarterly public comment meetings for the general public. The meetings will be held in the evening hours at the MAC General Offices. MAC staff will brief monthly operations reports and the public will be welcomed to make comments. The meetings are not intended to be a discussion forum Committee members are invited to attend these meetings. o A memo summarizing the comments from the public comment meetings will be provided to the Committee and the MAC Planning and Environment Committee on a quarterly basis. ~ Staffing Roles .and Responsibilities o The MAC staff will receive direction from the Committee with regard to staff development of technical documents, analyses and information requests. 3~ o MAC staff will provide administrative and technical support to the organization in an unbiased manner with equal access to all members. ~ Reporting Relationship and Responsibility in MAC's Process o Actions by the Committee will be forwazded to the MAC Planning and Environment Committee for review, and forwarded to the full Commission. o The co-chairs will provide a report to the MAC Planning and Environment Committee on an annual basis. o Each member will be responsible for reporting to his or her respective appointing authority. ~ Additional Elements o Co-Chairmanshia: One primazy representative from the user side and one from the community side will be selected by their respective constituencies to serve as co-chairpersons on the Committee. The presiding chairperson will alternate every other meeting. o Advisory Functions: Advisory functions to the Committee include the Federal Aviation Administration, Air Transport Association, Minnesota Air National Guard, the U.S. Air Force and the Metropolitan Council. 3s BYLAWS MSP Noise Oversight Committee (NOC) ARTICLE I Committee Mission Provide a balanced forum for the discussion and evaluation of noise impacts around Minneapolis-St. Paul International Airport through the following functions: o Identify, study and analyze airport noise issues and solutions o Provide policy recommendations or options to the MAC Planning and Environment Committee and full Commission regarding airport noise issues o Monitor compliance with established noise policy at MSP o Ensure the collection of information and dissemination to the public. The above functions will be conducted in a manner that considers public and airport user concerns, taking into consideration public input/information from the following channels of communication: o MAC noise office o MAC Aviation Noise and Satellite Program Website o MSP Noise News newsletter o MAC noise complaint and information hotline o Governmental body official policy development processes o MAC public heazings o MAC informational meetings o Individual NOC members o MAC Planning and Environment Committee o Metropolitan Airports Commission meetings. ARTICLE II Membership 1. The Committee membership shall consist of twelve officially designated representatives or, in the absence of designated representatives, the .alternative representatives, with authority to act upon all matters within the purview of the Bylaws. 6 36 2. The airport users and communities shall have an equal number of members and votes on the Committee. 3. The MSP Airport and Airline Affairs Committee (AAAC) shall make airline and pilot appointrnents, except for the Minnesota Business Aviation Association (MBAR). 4. (a) Community representation will be defined as those communities within or touched by the most recently developed and submitted Part 150 DNL 65 contour. The following communities shall be entitled to one seat each on the Committee: Bloomington, Eagan, Mendota Heights, Minneapolis and Richfield and shall each appoint one primary representative and one alternate representative. Such communities shall be referred to as the "Designated Communities." (b) The following communities shall be entitled to share as a group, on a rotating basis, one seat on the Committee: Burnsville, Inver Grove Heights, St. Louis Park, St. Paul and Sunfish lake. Such communities shall be referred to as the "At- Large Communities." The seat shall rotate among the communities in the following order: Burnsville, Inver Grove Heights, St. Louis Park, St. Paul and Sunfish Lake. When each community has held the seat for one term of appointment, the seat shall pass to the community next in order, returning to the first community when the order is completed. The community which holds the seat shall appoint the At-Large Communities' primary representative. The community which is next in order to hold the seat shall appoint the At-Large Communities' alternate representative. Absent contrary action by the appointing community, the alternate representative shall become the primary representative when the seat rotates. (c) Taken together, Designated Communities or their primary and/or alternate representatives and At-Large Communities or their primary and/or alternate representative shall be referred to as "communities" or "community representatives." 5. The respective appointing authority shall file with the MAC the designated representative and alternate, setting forth their names and mailing address. Thereupon, representation on the Committee will be confirmed by issuance of a certificate of membership to each such representative and/or alternate representative. 6. Primary representatives and alternate representatives of Designated Communities and Users shall be appointed to serve for two (2) years. The Primary representative and alternative representative of At-Large Communities and Users shall be appointed to serve for one (1) year. Alternate representatives will only be allowed to represent their respective organization in the absence of a primary representative. 37 7. The composition of the Committee is as follows: USER REPRESENTATION 1-Scheduled airline representative 1-Cargo carrier representative 1=Charter operator representative 1-Chief Pilot representative 1-Minnesota Business Aviation Association (MBAA) representative 1- At-Large Airport User representative, as selected by the MSP AAAC CITY REPRESENTATION 1-City of Minneapolis representative 1-City of Richfield representative 1-City of Mendota Heights representative 1-City of Bloomington representative 1-City of Eagan representative 1- At-Large Communities representative 8. The total Committee membership will never exceed twelve members. Modification of total membership numbers must be by a unanimous vote of the Committee. 9. Input may be sought from organizations or agencies that deal directly with aircraft noise abatement programs to include: Air Transport Association of America (ATA), Federal Aviation Administration (FAA), Minnesota Air National Guard, U.S. Air Force Reserve, MAC, Metropolitan Council and any other organization or agency with majority approval by the Committee. ARTICLE III Powers and Duties of Membership Subject to the voting provisions herein set forth, the membership shall have the following powers and duties: 1. Both airport user and community appointed members must be vested to represent their constituency and vote accordingly. ARTICLE IV Voting Rights of Membership At all meetings of the Committee, attendance by four (4) airport user representatives and four (4) community representatives shall constitute a quorum 3g for voting/action purposes. For the purpose of conducting meetings, at least half, six (6), of the Committee members must be in attendance. Attendance includes meeting participation via conference call. 2. There shall be equal representation of airport user and community membership on the Committee and, to that end, for purposes of voting on all matters requiring a vote of the Committee, each representative, both user and community, shall have one (1) vote, which in the absence of a representative may be his or her duly designated alternate representative. 3. These Bylaws may be amended or altered by the vote of a super majority of the membership present at any meeting, provided that notice of such proposed amendments shall have been given fourteen (14) days prior to a general membership meeting. ARTICLE V Co-Chairpersons The airport user and community segments of the Committee shall each select a Co- Chairperson who will serve at the pleasure of the appointing group. Each Co- Chairperson will serve for a two (2) year term or until his/her representation on the Committee terminates, or until replaced by the appointing group, whichever occurs first. The powers and duties of the Co-Chairpersons are as follows: 1. To review and approve agendas -approval by both of the co-chairs is required for agenda approval. 2. To preside over meetings -the presiding Chairperson will alternate every other meeting. 3. By the mutual consent of the Co-Chairpersons, special meetings may be called, or upon request of a majority of the Committee, four (4) users and four (4) community representatives. 4. To sign as Co-Chairpersons of this Committee, all instruments in writing that may require such signature, unless the membership shall otherwise duect, and to perform such other duties and tasks as these Bylaws or as the membership shall from time to time prescribe. 5. Each segment of the Committee, by a majority vote, shall elect their respective Co-Chairperson. 39 ARTICLE VI Technical Advisor The Manager of the MAC Aviation Noise and Satellite Programs office will act as the Technical Advisor to the Committee. The Technical Advisor shall perform the following functions: 1. To prepaze the agenda for meetings of the Committee, which shall include any items for consideration proposed to him/her by any airport user or community representative with the consent of at least one Co-Chairperson. 2. To keep a full and complete record of the proceedings of the Committee and of the meetings of the members. 3. To maintain an up-to-date roster of Committee membership and of the representatives of each member corporation, association, governmental body and unit including the date of appointment and time of service of each representative. He/she shall inform each member as to the termination of the term of service of each representative, no less than sixty (60) days prior to such termination. 4. To make service and publication of all notices that may be necessazy or proper. In the case of absence of the Technical Advisor or the Committee's Designee to make service or publication of any notice then such notice may be signed, served and published by the Co-Chairpersons or, in the absence of one of the Co-Chairs, by one of the Co-Chairpersons, or by any person thereunto authorized by any of them or by the Committee. ARTICLE VII Technical Studies 1. The Committee at its own determination, by a majority vote, or at the request of the Technical Advisor, may retain the services of independent technical experts and consultants as deemed necessary in the performance of the Committee's functions. 2. All services that are retained for the purpose of supporting Committee initiatives will be conducted within the budgetary limits of the MAC Aviation Noise and Satellite Programs Office. 3. In aid of the Committee's mission, the Committee may ask agencies, corporations, associations, and governmental bodies to make available to the Committee technical advice, and the services of their technical personnel reasonably required for the purpose of studies instituted by the Committee. v~ 4. Studies and reports of technical personnel retained by the Committee for such purpose shall be available to the Committee in aid of its performance of its functions but shall not constitute studies or reports of the Committee unless duly adopted by it. ARTICLE VIII Committee Meetings 1. Meetings will be scheduled every other month (odd numbered months) -day to be determined by the Committee. Meetings will be held if workload business necessitates as mutually determined by the Co-Chairpersons. If any regular meeting day falls on a Saturday, Sunday or holiday, then the meeting shall occur on the next business day thereafter. Special meetings of the Committee shall be established through the mutual consent of the Co-Chairpersons or by a majority vote of the Committee. 2. Prior to every meeting, a Committee agenda review session will be conducted for Committee members only. Committee meetings will be open to the public. All decisions, staff direction and votes will be made during the public Committee meeting. 3. The Technical Advisor or the Committee's designee shall distribute notice of general or special meetings of the Committee at least two (2) weeks prior to the meeting to each representative at his/her mailing address currently on file with the MAC. Such notice shall set forth the agenda of the meetings and no matters requiring Committee action may be considered which are not on the agenda unless the Committee, by a super majority vote of representatives in attendance, elects to consider such matters. Each Committee agenda will include a review of any comment trends, topics or issues raised via the Committee's recognized channels of communication. 4. All meetings shall be held during business hours at the general offices of the -MAC or at such other place or places as from time to time the Committee by majority vote of representation in attendance at a meeting determines. The place of meeting or alternative place of meeting shall be set forth in notices of meetings. ARTICLE IX Sub-Committees Sub-Committees will be established on an as needed basis as determined by the organization as a whole, and will be comprised of people with the expertise or a vested interest in the area of discussion, with a date certain completion time. Sub- committees shall be provided a defined task to accomplish and a timeframe within ~f/ which to complete the task. The composition of Sub-Committees will always be an equal balance of airport user and community representatives. ARTICLE X Procedures and Rules of Order Robert's Rules of Order will be the governing doctrine for conduct of business and membership participation/behavior. The Committee may also adopt other rules necessary for the governance of the Committee's conduct of business. A rule can only be amended or suspended by a vote of two thirds of the full Committee. ARTICLE XI Reporting Relationshipand Responsibility in MAC's Process 1. Annual work plans will be developed in consultation with the MAC Planning and Environment Committee. The work plan will be submitted annually to the Metropolitan Airports Commission for informational purposes. 2. Actions by the Committee will be forwarded to the MAC Planning and Environment Committee for review, and forwarded to the full Commission. 3. The Co-Chairs will provide a report to the MAC Planning and Environment Committee on an annual basis. 4. Each member will be responsible for reporting to his or her respective appointing authority. ~~ Agenda Information Memo September 3, 2002 F. CONTRACT 02-16, CEDAR GROVE REDEVELOPMENT AREA BUILDING DEMOLITION ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-I6 (Cedar Grove Redevelopment Area -Building Demolition and Removal) in the amount of $18,089.60 to Lloyd's Construction Services. FACTS: • Contract 02-16 provided for the demolition and removal of the Twin City Poultry and Express Donut buildings in conjunction with the improvements for Project 800R, Cedar Grove Access Reconfiguration. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment subject to warranty provisions. +f 3 Agenda Information Memo September 3, 2002 Eagan City Council Meeting G. CONTRACT 02-15B, COMMUNITY CENTER SITE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-15B provides for various improvements within the Community Center site, including parking lot, trail, ponding, and landscaping construction, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • The change order provides for the addition of storm sewer pipe and ditch grading improvements necessary to drain the Community Center storm sewer system and provide an outflow for Pond CP-4 on the site. These improvements were originally proposed to be constructed under Contract 01-04, but were deleted when the development (and dedication of easements) of the adjacent Joe Miller Homes property ("Eagan Preserve") was not completed in a time frame necessary to complete the work under Contract 01-04. • The necessary easements and right-of--entry on the Joe Miller Homes property have now been obtained and the storm sewer work and ditch grading can be completed under Contract 02-15B. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $21,710 (0.91% of original contract. The cost of the additional work under the change order will be the responsibility of the City Storm Sewer Fund and the allocated funds for the Central Park site. ATTACHMENTS: • Change Order No. 1, pages through wv city of eagan CONTRACT #: OZ-15B CHANGE ORDER #: 1 PROJECT #: 803 DATE: AuQUSt 14, 2002 PROJECT NA1HE: Community Center Site Imyrovements PROJECT DESCRIPTION This project is proposed to complete the parking lots, access drives, pond construction, trails and sidewallcs, streetlights and the grading and landscaping of the Community Center property. CONTRACTOR: F.M.. Frattalone Exc. & Grading ENGINEER: City of Ewan 3066 Spruce Street 3830 Pilot Knob Road St. Paul MN, 55117 Eagan, MN 55122 DESCRIPTION OF CHANGE ORDER WORK: The installation of storm sewer to provide an outlet to the existing pond and storm sewer system located on the Community Center property, JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The construction of this storm sewer was previously bid under Contract No. O 1-04 but the work could not be completed due to the lack of easements and development of the adjacent property. Presently the Ciry has obtained the "Right of Entry" for this construction work. *All unit prices were negotiated between City staff and the contractor. DESCRIPTION OF WORK ITEMS: ITEiVi UNIT QTY UNIT PRIC DOLLAR AI~I Connect to Ex. Manhole EA. 1 $ 1,500.00 $1,500.00 InstaI130" RCP, Cl. III L.F. 220 $ 34.00 $7,480.00 (Including New Gaskets) Install 36" RCP, Cl. III L.F. 40 $ 34.00 $1,360.00 (Including New Gaskets) Insta1136" RCP, Cl. III EA. 1 $750.00 $750.00 Flared End Section F & I Manhole, 60" Std. Plate 230 EA. 1 $3,100.00 $3,100.00 F & I Casting (R-1642B) EA. 1 $300.00 $300.00 Rip-Rap Cl. III C.Y. 8 $40.00 $320.00 Ditch Excavation LS. 1 $6,000.00 $6,000.00 Silt Fence, Type Machine Sliced L.F. 300 $3.00 $900.00 TOTAL CHANGE ORDER #1 521,710.00 yS CONTRACT STATUS TIME/COMPLETION DATE AMOUNT Original Contract: lone 1, 2003 $2,393,454.90 Change Order: June 1, 2003 $21,710.00 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECONII~NDED FOR APPROVAL: By: Project Manage gy: ~~--- ~ - Z7 - G °Z- City Dep t Manager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 -City 2 -Contractor 1 -Engineer G:CHANGE ORDE1tS/2002/ 02-16 glCommercial Demo 0.91 0.91% $0.00 $21,710.00 $21,710.00 $2,415,164.90 „/ !;._ - r 4" B { . ___. ,_ . y. _ _.. _..._._ - Contractor Date: _ - ~{6 Agenda Information Memo August 6, 2002 Eagan City Council Meeting H. CONTRACT 02-15A, COMMUNITY CENTER STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 02-15A (Community Center Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 02-15A provides for the construction of the storm sewer pipe system within the Community Center site, as authorized by the City Council March 6, 2001 with approval of the Central Park Master Plan. • The change order provides for the additional storm sewer system work in the Glen Pond apartment parking lot at Pilot Knob Road and High Site Drive/ Northwood Parkway disturbed by construction at the intersection under City Contract No. 01-04, not originally anticipated under that contract. • The storm sewer construction is necessary to eliminate potential drainage problems in the underground parking area of the apartment building. • The additional work is being performed under Contract 02-15A is due to the Contract 01-04 contractor's inability to mobilize in a timely manner. • The cost of the work is consistent with bid prices for relevant bid items on other projects within the City of Eagan. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $10,300 (15.38% of original contract. The cost of the additional work will be the responsibility of the City Major Street Fund. ATTACHMENTS: • Change Order No. 2, pages through ~. ~~ city of eagan CONTRACT #: 02-15A CHANGE ORDER #: 2 PROJECT #: 803 DATE: 8-26-02 PROJECT NAME: Community Center Storm Sewer PROTECT DESCRIPTION Storm sewer construction on the Eagan Community Center site. CONTRACTOR: Nova-Frost ENGINEER: City of Eagan 2347 Commerce Drive, P.O. Box 516 3830 Pilot Knob Road Hastings MN 55033 Eagan MN 55122 DESCRIPTION OF CHANGE ORDER WORK: Construction of storm sewer including two catch basins and pipe to connect to existing storm sewer. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The storm sewer construction is needed to eliminate potential drainage problems for the underground parking area at the Glen Pond Apartments. The drainage area increased towards the apartment building with the construction and alignment ofNorthwood Parkway. * Unit prices were negotiated by City staff. DESCRIPTION OF WORK ITEMS: ITEM I UNIT I Q~ I pR r I AMC1i1TiT 15" Pipe Storm Sewer RCP Cl. III LF 90 $ 40.00 $3,600.00 Connect to Existing Catch Basin EA 1 $ 700.00 $ 700.00 Catch Basin w/Casting (Neenah 3067 (Std. Plate 232) EA 2 $1,500.00 $3,000.00 Remove Ex. Concrete Curb & Gutter and Bituminous LS 1 $1,400.00 $1,400.00 Mobilization LS 1 $1,600.00 $1,600.00 TOTAL CHANGE ORDER AMOUNT 510,300.00 Y8 CONTRACT STATUS Original Contract: TIl~IE/COMPLETION DATE July 5, 2002 AMOUNT $66,955.00 Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: September 15, 2002 15.38% 17.92% $10,300.00 $ 1,700.00 $10,300.00 $12,000.00 $78,955.00 RECOMMENDED FOR APPROVAL: By: _ ~~~ Project M ger , City Department anager City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 -City 2 -Contractor 1 -Engineer G:CHANGE ORDERS/02-15B #2 Community Center Storm Sewer By: ~---' Contractor Q,'Z ~d 'vz, Date: ~9 Agenda Information Memo September 3, 2002 Eagan City Council Meeting I. NEW YORK AVENUE/ VENTNOR AVENUE "NO PARKING" SIGN PETITION ACTION TO BE CONSIDERED: To receive the petition and schedule consideration to the Sept. 17 meeting regarding the installation of special "No Event Parking" signage on New York Avenue and Ventnor Avenue. FACTS: • On August 15, 2002, City staff received a petition from 25 residents representing 20 properties adjacent to New York Avenue and Ventnor Avenue (East of Braddock Trail near the high school) requesting the installation of additional parking restriction signage, expanding the current school day prohibition to incorporate special events at the high school. • These streets are currently posted "Parking By Permit Only 8 A.M. to 3 P.M When School Is In Session" to prohibit daily student parking during the school year. However, this restriction does not affect special after-school events (i.e. football games, EAA tournaments, etc.) • Petitioning residents are concerned that, during the time of these special events, mailboxes are blocked, traffic is unable to meet and pass, and emergency vehicles are unable to navigate the street due to the reduced width resulting from cars parked on both sides of the 28-foot wide streets. They have observed vehicles backing up for long distances because two vehicles could not meet and pass during the large school event periods. • The City Police Department has received complaints from area residents regarding this parking situation, and has ticketed and towed vehicles that have parked illegally in front of mailboxes, hydrants, etc. The Police Department has indicated that they can enforce additional parking restrictions, as resources allow, if appropriately worded and approved by the City Council. ISSUES: • The City Attorney office has indicated that the City can install signage to place parking restrictions on specific times but not on who can/cannot park on these streets as requested in the residents' petition (i.e. event attendees). Subsequently, the request as worded can not be enforced. • City staff would like to work with the neighborhood to identify the preferred days and times parking would be restricted (i.e. "No Parking Fridays 6-10 PM", one side both sides, etc.). Because the residents would also be restricted during those times as well, the staff would like to invite all property owners to participate in the discussion at a neighborhood meeting to be held before formal consideration on Sept. 17. ATTACHMENTS: • Location Map, page! . • Petition Request, pages,~hrough~ • Neighborhood Meeting Notification, page~~ SO No Parking Sign -Petitioners DIFFLEY ROAD PFN Nsy~VgN~ No -Event Parking Sign Petition Request New York / Ventnor Avenues O:JohnGorder~ VENTNORPF?ITION? PETITIONER`S LOCATION MAP Aug. 29, 2002 City of Eagan S1 August 15, 2002 Dear Sir or Madam: Enclosed please find our request for change in parking designation for New York and Ventnor Avenues. These areas are currently marked as permit parking only from 8 a.m. to 3 p.m. daily. We do not want to lose this designation. However, we would like to add an additional sign stating No Event Parking. The residents feel that when our streets are used as a parking area for events at the high school, it becomes very dangerous: - Cars are not able to pass each other, forcing one vehicle to back up for long distances. This becomes more dangerous with the increased amount of pedestrian traffic, along with the large number of small children that live in the area. - An emergency vehicle such as a fire truck or ambulance would be unable to navigate the street, especially the turn from Ventnor on to New York Ave. Additionally the letter carrier has been unable to deliver mail when the mailboxes are blocked. This can even happen during hours when the street is marked as no parking, but not enforced. There is plenty of additional available parking in the Northview Park lot. This lot is often only half full during school events, and has a lighted walkway from the lot to the high school. Please take this matter under immediate consideration, as football and soccer season is fast approaching. Many members of our community would be willing to come and discuss the matter in person if need be. Sincerely, i~/C~~ ' David and Gail osa 4140 New York Ave. Eagan, MN 55123 (651) 454-6831 s~- FOR CITY USE ONLY DATE RECEIVED DATE PRESENTED :ity of e~gan TO COUNCIL APPROVED ^ DENIED ^ PETITION NO PARKING SIGNS I/V1/e, the undersigned hennre~by petition the City Council of the City of Ea an to install No Parking Sig nn ~e~j yUr'~ ~T V~• C'~ YIL~ C l/PYtf ~C~Y~C~ r7 << I/We, request this ~nstallat~on for he following reasons: 1. ~rr~ ~Ya e~'tC_ 1/~l2i cI c1 G~' rr n ~~OC1 ~L~~Vr7v . 2. ~ r c~ ~ ~ c1 e/ever rncr~ / d c.~ fo blo% 3. l~Jhen ~ r~ are ~Gz,rkeC~ ~ ,~jG~h s.d ~s oF.S~eet~ ~~c% CarS Ca nrfJ~ boa 5s ~ cn a}-h e~; 4. I/1IVe, request that the City Council take this petition request under consideration at its earliest opportunity. NAME (Please print and initial) 1. 2. 3. 4. 5. s. 7. 8. 9. ~o. ~l a ti ~.i' ~ u ~ ~ N ~ ~~ ~Y7~ r? /1 ~~i .~rrl Ch~.4~,, ~ ~0.~ ~ t~ ~ C~ ~. 'f 1'~~1 K c~~ -~ cam. 1410 ~,~~e ~~r~ ~~~ S~~cr~ P C~Ir'°~l ADDRESS ~l /~U /~'e~ yoYk ,,• e ~~ ~~ ti's ~o~ r~ ~e ~ ~`~~ ~ p ~=- ~e~e ~ ffu ~, ~N3~ ~~ U~~ ~v~ `[ ~ 3 (~ N~~,o Yoe ~c ~ r/ . ~1~~- %Ue~- ~o~/r ~-/vp ~ l~ ~ n.~L~~, ~~ P ~ ~ 433 ~e~ ~o~~ ~~ S3 ~~ r , ,'~~ ~~ ~~ - ~ ~ ~,- ,e..l~ ~ ~~ . .~ C - ~~ I ~ I c ~ `~o J ~ ~ ~ . ~,~ ~~ i ~ ,. ~ ~ , ~~; . Qs~~, Cap:- . ~ ~~~~ ~~~~'~~ ~L T~ ~ ~-,1~~~~~ s'~ city of e~c~an August 30, 2002 PATRICIA E. AWADA ~ ~: pETITION FOR ADDITIONAL PARKING RESTRICTIONS Mayor i _ NEW YORK AND VENTNOR AVENUES i PAUL BAKKEN Dear property owner/resident: PEGGYC_ARL_SON Recently, the City received a petition signed by many of the residents adjacent CYNDEE FIELDS I, to New York Ave. and Ventnor Ave. requesting the installation of additional MEG TII.LEY signage to controUrestrict on-street parking associated with large events held at Eagan High School. The safety and traffic concerns expressed in the petition Council Members were validated by the Eagan Police Department. However, when this request was reviewed by the City Attorney's office, it was deemed unenforceable. THOMAS HEDGES Parking restrictions can be placed only on times or conditions (i.e. "when") and not on "who" (i.e. event attendees). There is no legal definition of what CiryAdministrator constitutes an `'event''. This means that whatever additional restrictions are posted, they will inherently apply to the residents as well. Because we understand and want to address your concerns while insuring that Municipal Center: i whatever signage is installed will be enforceable, we would like to offer a 3830 Pilot Knob Road i neighborhood meeting to present the various options available, and discuss with Eagan, MN SS 122-1897 ~ the affected property owners which one would be most effective yet still Phone: 651.681.4600 acceptable to all. Until a different, yet specific restriction can be determined, it is premature for the Council to consider approving the petition as presented. Fax: 651.681.4612 While the petition will technically be presented to the Council under their TDD:651.454.8535 "Consent" Agenda on Sept. 3, action on it is expected to be continued to the Sept. 17 meeting. This will allow for the neighborhood's input, consensus and recommendation to be fully considered. Maintenance Faciliry: 3501 Coachman Point Therefore, we would like to invite you to attend a neighborhood meeting Eagan, MN 55122 scheduled for Thursday, September 5, 6:30 pm in the Community Room at City Hall. For those of you who cannot attend this meeting, we will send out a Phone: 651.681.4300 notice of the group's consensus to be presented to the Council on the 17th. We Fax: 651.681.4360 apologize for this short notice, but wanted to respond as quickly as possible now TDD: 651.454.8535 that the fall special events are starting. Thank you for your interest and hopeful participation. wwwciryofeagan.com Sincerely, Engineering Division City of Eagan TxEt.oNEOAxTREE Cc: John Gorder, Asst. City Engineer The symbol of strength and growth in our community r/ Agenda Information Memo September 3, 2002 Eagan City Council Meeting J. PROJECT 853, WOODGATE 1ST ADDITION FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 853 (Woodgate 15i Addition -Street Overlay) and schedule a public hearing to be held on October 1, 2002. FACTS: • Project 853 provided for the bituminous overlay of the streets within the Woodgate 151 Addition, including Walnut Lane, Walnut Court, Hickory Hill and Hickory Lane. • This project, constructed under Contract 02-03, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 8% under the estimate contained in the feasibility report presented at the public hearing held on November 20, 2001. S6 Agenda Information Memo September 3, 2002 Eagan City Council Meeting K. PROJECT 854, PARKCLIFF ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 854 (Parkcliff Additions -Street Overlay) and schedule a public hearing to be held on October 1, 2002. FACTS: • Project 854 provided for the bituminous overlay of the streets within the Parkcliff 1S` - 3rd Additions, including Parkcliff Drive, Parkridge Drive and Parkridge Court. • This project, constructed under Contract 02-03, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 25% under the estimate contained in the feasibility report presented at the public hearing held on November 20, 2001. S7 Agenda Information Memo September 3, 2002 Eagan City Council Meeting L. PROJECT 855.OAK CHASE 6T"/ CHES MAR EAST ADDITIONS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 855 (Oak Chase 6°'/ Ches Maz East Additions -Street Overlay) and schedule a public hearing to be held on October 1, 2002. FACTS: • Project 855 provided for the bituminous overlay of the streets within the Oak Chase 6~' /Ches Maz Additions, including a portion of Oak Chase Way, Horizon Circle, Kirkwood Drive, Kirkwood Circle, Parkview Lane, Gabbert Circle, Birchcrest Circle, Canterbury Circle, and Maple Leaf Circle. • This project, constructed under Contract 02-03, has been completed, all costs tabulated, and the final assessment roll prepazed. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments aze approximately 27% under the estimate contained in the feasibility report presented at the public hearing held on December 11, 2001. sa' Agenda Information Memo September 3, 2002Eagan City Council Meeting M. APPROVE CHANGE ORDER NUMBER 3, EAGAN WELL HOUSE NUMBER 20/PARK PAVILLION ACTION TO BE CONSIDERED: Approve change order number #3 to Ebert Construction in the amount of $ 1,518. FACTS: • An area drain was changed in size to an 11" square opening within the plaza. ADD $456.00 • Repairs were made to a relief pipe installed on a raw water line previously installed by another contractor. Tis woprk was required before conections could be made to the stub end. ADD $1,062.00 + ATTACHMENTS: None 59 Agenda Information Memo September 3, 2002 ~I. RECEIVE BIDS AND AWARD CONTRACT FOR INFRASTRUCTURE LOW VOLTAGE WIRING FOR NEW COMMUNITY CENTER ACTION TO BE CONSIDERED: To receive the bids for the infrastructure low voltage wiring for the New Community Center and authorize the awazd of the contract to Parson's Electric for the amount of $44,550.00 (Base Bid of $38,168.00, Bid Alternate of $2,332.00 and 10% contingency of $4,050.00) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 18, 2002, the city council approved the solicitation of bids for the interior low voltage voice and data cabling for the New City of Eagan Community Center. • Bid Alternate is for Category 6e cabling structure system for the amount of $2,332. Staff and consultant recommend that this alternate be included. • All bids have been reviewed for compliance with the bid specifications and accuracy and found to be in order for favorable Council action. ATTACHMENTS: Bid recommendations from Elert & Associates, Consultant • Bid Summary, page~~-G~-•6 60 City of Eagan Infrastructure Cabling For The New Community Center Bid Recommendations August 29, 2002 Prepared by: Felix Fayngersh ELERT & ASSOCIATES (651) 430-2772 Main Office (651) 705-1237 Direct www.elert.com fayngershf(aelert.com 6/ City of Eagan Cabling Infrastructure Bid Recommendations CABLING INFRASTRUCTURE BID RECOMMENDATIONS Document Goal The purpose of this study is to summarize our evaluation of the Telecommunications Cabling proposals for the City of Eagan and to present our recommendation. Our evaluation of the bid responses is based upon the submitted pricing, vendor qualifications/capabilities, and completeness of the responses. Pricing Matrix BIDDER BID BOND ADDENDUM #1 ADDENDUM #2 BASE BID ALTERNATE BID TOTAL ComLink Midwest Yes Yes Yes 39,805.00 N/A $39,805.00 F/S Technology Yes Yes Yes 43,] 20.00 Add $2,635.00 $45,755.00 Metro Communications Services Yes Yes Yes 47,403.00 Add $4,410.00 $51,813.00 Parsons Technologies Yes Yes Yes 38,168.00 $40,500.00 $40,500.00 Tricorn Communications Inc. Yes Yes Yes 40,555.00 $42,029.00 $42,029.00 Alternate Bid All work and material required to install data and voice cables for all offices, workstations, conference rooms, and common areas utilizing Category 6e cable (Berk- Tek Landmark 2000 or equivalent) for all locations, in lieu of the Category 6 cable as specified herein. Disqualification Elert & Associates recommends that the City of Eagan disqualifies Comlink Midwest, because they did not submit the mandatory Alternate Bid. Elert & Associates Page 2 6a City of Eagan Cabling Infrastructure Bid Recommendations Summation Elert & Associates has weighed all of the qualified responses based on reference, qualifications and support, as well as the technical merit and cost. Further, consideration was given to the Proposer's skills, facilities, capacity, experience, responsibility, previous work record, necessity of prompt and efficient completion of work described in the response documents, use of subcontractors, and other relevant factors. As you can see on the Pricing Matrix, the lowest qualified bid contractor is Parsons Technologies at $41,766.00 Tricorn Communications Inc. showed that they understood the scope of the project. All materials, installation features, and design factors were according to the bid, as demonstrated in the response. Recommendation Elert & Associates recommends that the City of Eagan select Parsons Technologies for the installation of the Telecommunication Cabling per the specifications dated July 17, 2002. Alternate Bid Category 6e cabling structure system offers at least 30% the amount of usable frequency spectrum for signal transmission and supports more than 120% the information carrying capacity of a Category 6 system. Elert & Associates recommends the City accept the alternate bid. Elert & Associates strongly recommends the City of Eagan appropriate an additional 10% as a contingency amount for this project. The contingency amount could be used towards unforeseen situations or owner-driven changes. Recommended Amount of Award Parsons Technologies based bid: $38,168.00 Recommended alternate bid: $40,500.00 Contingency amount: 4 050.00 Suggested Total Amount of Award: $44,550.00 7 Elert & Associates Page 3 63 City of Eagan Cabling Infrastructure Bid Recommendations Other Recommendations 1. Elert & Associates recommends the review of purchasing and recommendation criteria and procedures by the City of Eagan legal counsel prior to award of the project to ensure compliance and compatibility with all public laws, policies, and procedures. 2. Elert & Associates further strongly recommends the City of Eagan require the selected vendor to provide a performance bond prior to the start of the project. Elert & Associates represents that the information and recommendations contained within this report are prepared for the City of Eagan based on the most current data made available during the specified study period. This report is meant to be only advisory in nature. The City of Eagan management is responsible for all consequences resulting from their decisions in accepting, rejecting or implementing these recommendations. ~v'7 Elert & Associates Page 4 6y Agenda Information Memo September 3, 2002 PUBLIC HEARINGS A. LOT 9, BLOCK 1, LEXINGTON POINTE ADDITION (961 CURRY TRAIL) EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements within Lot 9, Block 1 Lexington Pointe Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On July 22, 2002, City staff received a petition from Mr. Mark Engel, 961 Curry Trail, requesting the vacation of a portion of an existing drainage and utility easement on his property, Lot 9, Block 1 Lexington Pointe Addition, east of Lexington Avenue and south of Diffley Road in east-central Eagan. • On August 6, the City Council received the petition for this vacation, and set a public hearing for September 3 to consider vacating said drainage and utility easements. • The easement was dedicated to the City as part of the Lexington Addition as part of the 10- foot wide drainage and utility easements on the common rear lot line. • The purpose of the request is to allow the construction of a detached garage structure over 5 feet of the 10-foot wide easement. The structure will be constructed in accordance with City setback requirements. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Legal Descriptions/Graphics, page and 6s 4 I PT ION ~ LOT 9 ,BLOCK I EXINGTON POINTE L1~J LEGAL DESCR ACCORDING TO THE RECORDED PLAT THEREOF AKOTA_ COUNTY,MINNESOT-~ SCALE 1~~= 30' N I ~, Q71~ x 4 fn VlO S ~~ ~~~ O ~ 'W IV `) I ~) ~y io' m L __ ~' s' it 977x Z S 89°50'?I"E a 9?3x9 ~ ti 140.00 I ~, 5~ ` u I ~ ~ ~ ~ a 16~ 4` %~. w ~ ~ 17.7 ~ N ' ~ 22_~ _.._ _~ I ~ ~~~ n ~ _ __ N ~3 ti ~* ~ I ~ N "~ ~W ~~ _ o~ N ~ O S 89° 50~ 21 ~~ E 140.00 ~, ,, L ~ ~ !u ~' ~~. ~Q~ ~3 I ~ s' n ~ o, m 9~4,~4 f~ O DI a .... , c~ DRAINAGE & UTILITY EASEMENT TO BE VACATED ~I The East 5.0 feet of the VW est 10.0 feet of Lot 9, Block 1, Lexington Pointe, Dakota County, excepting the north 5.0 feet and the eet of said Lot 9. OLIar~MMt Q1I11lKMll Prop sed drainage & utility easement vacation si~~o2 Ciry of Eagan Lot 9, Blk. 1, Lexington Pointe l ~/ 961 Curry Trail, Lexington Pointe 8/1/02 Vacation Location Map City of Eagan Agenda Information Memo September 3, 2002 B. LOT 7, BLOCK 1, STONEY POINT 2NDADDITION (3626 LAKEVIEW TRAIL) EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue any action on the vacation until consideration of the required setback variance. FACTS: • On July 12, 2002, City staff received a petition from Mr. Ryan Ruzek, 3626 Lakeview Trail, requesting the vacation of a portion of an existing drainage and utility easement on his property, Lot 7, Block 1 Stoney Point 2na Addition, west of Federal Drive and south of Yankee Doodle Road in northwest Eagan. • On August 6, the City Council received the petition for this vacation, and set a public hearing for September 3 to consider vacating said drainage and utility easements. • This 5' side lot line easement was dedicated to the City as part of the Stoney Point 2na Addition as part of the standard drainage and utility easements with Lot 8, Block 1 Stoney Point 2na Addition. • The purpose of the request is to allow the construction of a building structure (8 feet by 16 feet) over existing swimming pool equipment on the property. The building structure is proposed to encroach into the easement area approximately 2 feet deep by 16 feet long. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. ISSUES: • A building setback variance is required for the encroachment of the proposed structure 2 feet into the required 5-foot building setback area. To date, the applicant has not applied for this variance. Approval of this vacation may be premature. • This vacation request has been reviewed by the Engineering Division on its own merits and found to be in order for favorable Council action. However, it may be unnecessary if the building setback variance is not approved by the City Council. ATTACHMENTS: • Legal Descriptions/Graphics, page through ~. 6$ Z ~~ ~~ (rn. RD. zs ) 3 LONE OA w 0 u z Q J '' 'M\ '' x U V W GO P° ~° Q O ~ Y PP ~ ~~ ~ > Q m 2 ~ Z h~ Y ti~ h ~ O ~~" Q J ~ sai a a r O Y ~-Z YANKEE DOODLE ROAD Q U ~o~° O U ~~ ~p°y~ Proposed ° e Vacation '~ ~ /, DIiTLE'I RDAD DR. RD. Q ~~ T~ s a d,,E City of Eagan YANKEE I DOODLE ROAD DIFFIEY ROAD Lot 7, Blk. 1 Stoney Point 2nd Add. Vacation Location Map Z X W J 8/1 /02 RiCiIBTiRiD UNDlR L,ARB OR STATE OR MINNESOTA 7601 •7Jcd Avaaw North _. 660x093 NlnnMpoli~, Mlaasota 66428 $urnryur~ ~irrt~firatr , ' ~~ / ZAUDTKE FfGg? BUILDERS Q Denotes Nood Hub Set For Excavation Qtly ~-Denotes Surface Drainage °°°~° Denotes Existing Elevation ~°•.° Denotes Proposed Elevation Type of Building -Split level xelkout to deck Top of Block stairs down to ground ~7/.~ Garage Floor Elevation ' ° 87/.2 ~ Lowest Most Floor '~\ _ ~~ n ~1 i ~, \ EOG~ ~"w ~'w o` c' \~ ~ r~~'r N ' S ~ ~ / ~~ ~ ~ ~ / ~ lC \ •-r ~ / s ~/ - tir \ ~ ~ ~`~Y \ ~ _.l Yr / I \ i / 5~ ~ C '~ / \~ ~ i ^\ i ,S o\~ \53.7 i ~ a,~h ~ ~ i i i ~ s' ,~~z ~ ti i 'd o. C ji / \S .qf D. Q~ AO ~• ~ ~~ i \o ^ S S PRr,r mosTt~v b'lu." ~i\\ 8Q. .p -,~ fib. h~ /J ~ ~~?C ~(L~ of b ) ~ ~ ~ 6 O .~,Q M~ ~ .\ /S7of7\ ~ \ ^ ~ ~ ' ~ / ~. i a7••% / 4, ~ ~ ' .1 Q ~ ~~ is ~' ~. \~~ ~~~ _ ~ ~ ~ ~j ^~o• / Lot 7, Block 1, SI'(NEY POINT ZND ADDTfIOV i `Y / T ~\ ~/ T . ' a~~.~• ,..,.e.,, ~~ /1 f~ Proposed drainage & utility easement vacation si~io2 Ciry of Eagan Lot 7, Blk. 1, Stoney Point 2nd Add. DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: Commencing at the most southerly corner of Lot 7, Block 1, Stoney Pointe 2"d Addition, thence northeasterly along the southeast line of said Lot 7, a distance of 79.83 feet, thence left 90 degrees a distance of 3.0 feet to the point of beginning, thence right 90 degrees a' distance of 18.0 feet, thence left 90 degrees a distance of 2.0 feet, thence left 90 degrees a distance of 18.0 feet, thence left 90 degrees a distance of 2.0 feet to the point of beginning. ~r Agenda Information Memo August 29, 2002 Eagan City Council Meeting C. VARIANCE -ANNE ANDERSON -1579 STEPHANIE CIRCLE ACTION TO BE CONSIDERED: To approve a 10-foot Variance to the 30-foot rear yard setback requirement (from a public street) for Lot 1, Block 1, Ridgehaven Acres located in the SW '/o of Section 04. FACTS: • The subject property is zoned R1, Single Family Residential and is subject to the structure setback standard of 30 feet along any public street. The site has street frontage on the north, west, and south sides. • Ms. Anderson is requesting a 10-foot Variance to the 30-foot setback to allow for the construction of an 18 x 40 foot in-ground swimming pool on the north side of the home that would lie 20 feet from the Skyline Drive right-of--way. • Suitable locations for the pool are limited because of a retaining wall, patio, landscaping, and a porch. • Having athree-street frontage is a condition unique to this property that does not apply generally to other land in Eagan. The variance results from the larger setbacks required on two sides of the rear yard because of the public rights-of--way. ATTACHMENTS (1) Staff report, pages through ~, ~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 27, 2002 APPLICANT: Anne Anderson PROPERTY OWNER: Same CASE : 044-VA-24-08-02 HEARING DATE: September 3, 2002 PREPARED BY: Mary Granley REQUEST: Pool Setback Variance LOCATION: 1579 Stephanie Circle COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R1, Residential Single Family SUMMARY OF REQUEST Ms. Anne Anderson is requesting a 10-foot Variance to the 30-foot setback requirement from a public street that is standard in Residential zoning districts for the construction of a 18 x 40 foot in-ground swimming pool for property located at 1579 Stephanie Circle (Lot 1, Block 1, Ridgehaven Acres) in the SW '/4 of Section 04. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ~J3 Planning Report -Anderson Variance August 27, 2002 Page 2 CODE REQUIREMENTS Chapter 11, Sec. 11.20, Subd. 6, A. states the minimum setback requirement for a structure along a public street is 30 feet. BACKGROUND/HISTORY The subject site was platted as Ridgehaven Acres Addition and is zoned Rl. The development included 14 single-family lots approved in September of 1988. The 1,669 square foot home was constructed on a corner lot measuring approximately 13, 533 square feet in size. The home has a foundation size of 1057 square feet and a garage size of 612 square feet. A 12-foot by 14-foot addition was added to the north side of the home in August 2001. The lot has a width of 95 feet at the rear adjacent to Skyline Drive, and a length of 142 feet at the side adjacent to Stephanie Circle. The home has a front yard setback of 30 feet, a side yard setback of 31 feet, and a rear yard setback of 60 feet. EXISTING CONDITIONS A single family dwelling unit and two-stall attached garage built in 1989 is present on the site. The site is bounded on all sides by single-family homes. The site has street frontage on the north, west, and south sides. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors as summarized below: The property has street frontage and 30 foot setback requirements on the north, west, and south sides of the property which limits the amount of buildable area of the lot; 2. The applicant has made improvements to the property within the last 8 years, including a keystone block patio/retaining wall and professional landscaping that projects beyond the north side of the three-season porch addition and limits the space available for placement of a pool. If built according to required setbacks, the pool would be located approximately 12 feet from the existing three-season porch addition, and a "few feet" from the existing patio/retaining wall on the north side of the home; ~y Planning Report -Anderson Variance August 27, 2002 Page 3 3. The applicant's wish to provide for the recreational desires of the family and remain in the current location, their home for 8 years; 4. Approval of the variance will not negatively impact surrounding properties. EVALUATION OF REQUEST The applicant is proposing to construct an 18 x 40 foot in- ground swimming pool on the north side of the home. The proposed pool would lie 20 feet from the Skyline Drive right- of-way, and 36 feet from the Stephanie Circle right-of--way. The applicant's narrative expresses the need fora 15-foot variance. The 15-foot reference in the narrative was based upon the measurement from apron edge to the property line, rather than pool edge to the property line. City Code requires that an in-ground pool be enclosed with a minimum 4-foot high fence. If approved, a fence surrounding the pool would be required. An existing Ridgehaven Acres development sign and landscaping is located at the northwest corner of the property. Some of the landscaping appears to be within the public right-of--way. The sign and landscaped area may need to be removed or reconstructed to allow for placement of a fence on the Anderson property to meet their needs, and placement outside the public right-of--way. Several surrounding properties on Stephanie Circle abutting Skyline Drive have privacy fences enclosing the backyards. The required pool fencing would be in keeping with the site line and adjacent properties to the east and west. The required fencing would need to meet corner visibility requirements to prevent traffic visibility issues at the intersection of Skyline Drive and Stephanie Circle. Installation of a fence and pool may require the removal of three trees along the north edge of the property. ~s Planning Report -Anderson Variance August 27, 2002 Page 4 There are no driveways along the south side of Skyline Drive; all properties along the south side of Skyline Drive gain access off of side streets. This proposal would not impede ingress or egress to surrounding properties. SUMMARY/CONCLUSION The applicant is requesting a 10-foot variance from the 30-foot public street setback applicable to the subject property. Having athree-street frontage is a condition unique to this property that does not apply generally to other land in Eagan. The variance results from the larger setbacks required on two sides of the rear yard because of the public rights-of--way. A determination as to whether the applicant has adequately demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a 10-foot Variance from the required 30-foot setback applied to Lot 1, Block 1, Ridgehaven Acres for the construction of a 18 x 40 foot swimming pool located at 1579 Stephanie Circle. 'l6 Eagan Boundary Location Map , /~/ Straet Cents"ins L~__-J~ Pareel Area Buiitling Footprint [.~--~ ~_ ~~ ~ w t ~ i ~ ,. C _, ~ c t` ~~ ~~ i m~ r I ~ `'~ ,-_ ~ ~~ ~~,st ~~v~ r< r s ~ r ~ ~ [g ~ ~ ~ o Sub ect Site d~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ • ~ [ Q ~ ~ ' ~ ~ _ ..~ ;~ u - w F? - E w ~~ ~ ~ ~ ~^ r ~ o ~ x E c ~ <~ ~ ~ .n awu . ~~~ ~~ ~ .... : ~ '~ 6St P ~+ ~ D ~. ~' ~ a ~~ c fl e " C~ r- ' ~ y ~ c c i g ~'' 4 ~'' ~ "~ r'' ~° 9 -~ <Y M t3 ~ o ~, ~ t. ~ c .~ ~''_ s r G ~, ~ ~ ~. ~ L4 ~ ~ P c r sp ~ ~ ~ ~ ~~ ~ ~ J~ - r.{ C ~' ~ r„ W ~ E ~ ~, s ~ • r ~. _ ~ a e ~ :d L G Ly l F ~ y ~ ~ ~ :, ~ a ~ v ' L1 b ~ . ~~~. ~ ' j fi ~ B© sir ~:, ~ ~ ~ ~ U ~ c ,~ c 0 t' w. ~ r `~ ,~ ' a ~ k' ~ ®~~®© ~~ ~ o ~ ~ , , ~ ~ .. -.L p~ ~~ ~ ~~~ 4 ID rain erwa aw 1 ~ 0 1000 2000 Feet Development/Developer•. Anne Anderson Application: Variance Case No.: 04VA-24-08-0 Mfp Pnparsd using ERSi ArcYww 3.1. Para) Ww mfg dita pmvidfd by pkota County Land Survey DspaMrnt and A cummt n of Marsh 2003. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E M ro v' ~ 5 ~ 7~ a The Clty of Eagan end Dakota County do not guaratttee the aeeurary of this information and ero 5 WmmuMty O.vloprrwd Dpartrane not responalble for errors or omissions. To: Eagan City Council From: Anne and Gary Anderson Date: August 5, 2002 Re: Request for Setback Code Variance Please review our application for a setback code variance on our property at 1579 Stephanie Circle. We aze hoping to obtain a 15 foot variance to this code in order to put an~in-ground swimming pool in our backyard within the next few months. Please consider the following factors when reviewing our application. 1. Our property, because of its corner lot location, is considered by the city to have two back yards. The building codes for multiple back yards, or corner lots, include lazger setbacks than normal. 2. The elevation in our yard seems to dictate where the pool can be placed. If built according to the existing setback code, it would come within a few feet of our patio and addition. In this case, the north and west sides of the pool (both of which face the street) would have to be supported by 6 foot retaining walls that begin at ground level. The code also eliminates the possibility of including an entertaining azea adjacent to the house. With an allowed 15 foot variance, there would be enough space to dig down in front of our patio stairway and support the pool with much smaller and more visually appealing retaining walls on the south and east sides of the pool. The walls would be virtually invisible from either Stephanie Circle or Skyline and the pool would appeaz to be level with the existing yard. Our family has made the commitment to remain in Eagan and in this home. In the past 8 years, we have upgraded our property by adding a three season porch, paving stone patio, numerous trees and professionally landscaping. It is our desire to have this pool both enhance our property's curbside appeal and to serve as a form of recreation for our family and friends. Thank you for your time. NARRATIVE atpsr • ~^ es, inc. ~ eoeo Waliacs Road - 1+rairle, ~linnssota 563~~ ~ (81~ p3at2a2 ~ ~'y 8o S 1 survey tor. XAUEJI~ FJUTF.l~ P21 SES 'Job No. 8~~6 ~ sk. Pg. ---- - - - - -- I s k y~ ~ N.c ~~. w w z d 3 b S T \p '~~ /O I CERTIFICATE 4F SURVEY 9~~ /o aca __-- EASEriIENTS ;~ ~~' 3l.p ~.o 7~s E~ ~ [ IC t s a N SCALE:1 "~30' ~is.~~ i N it ~ , y. o - ~ - > ~ 30. o ~ p iii ~ Si3•~) ~° GLER.N 3/.V ~ 2yo - --- -~-------- a~y~ 0 O ~~ 1 ~ y ~ } .. E. ~ G yN ENGINEER: ~~ ~~ .. ~,.a PROP'06F~ ELEVATIONS XXX - DENOTES EXISTING ELEVATION LOWEST FLOOR- 806.33 (XXX) - DENOTES PROPOSED ELEVATION GARAGE FLOOR- 8~~• o i' - DENOTES DIRECTION OF FLOW OF TOP OF FOUNDATION- 8 ~ y • 33 SURFACE DRAINAGE I HEREBY CERTIFY THAT THIS IS A TRUE•A /ND CORRECT REPRESENTATION OF THE BOUNDARIES OF LG ~ ~ ~ B~aC~ ~ _ ~/D~'1E ~AVE/V /4'C~ZE.~J DA ~ U ,MINNESOTA. SURVEYED BY ME THIS GJ ~D DAY OF 19 89 7r7~Ip -;~. S~~r~wE ~~L~ ~~ `I { ~b~ ~~ ~ ~ ~~ ~. i ~_ ~ ~ ~~ u ~ 1 ~, \~ t ~ ' ~` t. _ i ego ~~ ~~ -1~-~~~ J- ~. - - ~ t!o'---- ~ -1 ~ ~~ s ; o ~~~~ J~• ~ r ~ ~ I f D • 4~ ~ tit ¢E ~ a t ~t , ~ tr~P ~'L~ ~~10~ .~~'0~ "rp.W• -•. - --- - i ~{ZrT,~t NtN[. - ! • -y, ~ ~~ . 'a ~~~ -,J , ~~ fZ g~31 ~, ~~~~~~ i~',~ bn~ t r ~~`~I~~r~ I f= ~ ~ r1.c L~ go SITE PLAN Agenda Information Memo September 3, 2002 Eagan City Council Meeting D. VARIANCE -Karen Dozois (1306 Crestridge Lane) ACTION TO BE CONSIDERED: To approve a 3-foot Variance from the allowed 20-foot front yard setback for the construction of deck addition to an existing townhome on property located at 1306 Crestridge Lane (Lot 2, Block 13, Timbershore 3`d Addition) in the SW'/4 of Section 15. FACTS: The subject property is part of the Pilot Knob Heights Planned Development. The Planned Development Agreement associated with the subject property allowed for setbacks to no less than 20 feet at the discretion of the Building Inspector. Any further reduction of setback would require Council approval. The 4-plexes along Crestridge Lane and east of Kolstad Road, including the subject structure, were built at a 25-foot setback from the Crestridge Lane right- of-way. Most of the existing properties in the area have original s-foot deep decks bringing the existing setback to 20 feet. Several, however, appear to have added 8-foot decks including one that appears to encroach in the 20-foot setback from the Crestridge Lane right-of--way. The applicant is proposing to construct an 8-foot deep deck that would encroach 3 feet into the allowed 20-foot setback from Crestridge Lane. The applicant has stated that other 8-foot deep decks were permitted in the area and she should be given the same allowance. • The right-of--way distance associated with Crestridge Lane widens at this point providing 7 feet of extra setback area for the subject property. ATTACHMENTS: • Staff report, pages ~ through ~. S/ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 29, 2002 APPLICANT: Karen Dozois PROPERTY OWNER: Same CASE: 15-VA-25-08-02 HEARING DATE: Sept. 3, 2002 PREPARED BY: Cynthia R. Kirchoff REQUEST: Variance LOCATION: 1306 Crestridge Lane (Lot 2, Block 13, Timbershore 3`d Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST Karen Dozois is requesting a 3-foot Variance from the allowed 20-foot front yard setback for the construction of a deck addition to an existing townhome on property located at 1306 Crestridge Lane (Lot 2, Block 13, Timbershore 3`d Addition) in the SW'/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ~~ Planning Report - Dozois Vaziance August 29, 2002 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subd. 6, A, requires a 30 foot front yard setback on property zoned R-1. City Code Section 11.10, Subd. 6, E., 2. states that decks, patios, balconies, stoops, or other similar features (uncovered) that do not extend more than 30 inches above grade may encroach 8 feet into a required front yard setback. BACKGROUND/HISTORY The subject property is part of the Pilot Knob Heights Planned Development, which was approved in 1974. The subject property was originally platted as part of Pilot Knob Heights Additions and later replatted to the Timbershores Additions asfour-plex units, which were subdivided for individual ownership. The existing 4-plex structure was constructed in 1973. The Planned Development Agreement associated with the subject property allowed for setbacks to no less than 20 feet at the discretion of the Building Inspector. Any further reduction of setback would require Council approval. EXISTING CONDITIONS The 4-plexes along Crestridge Lane and east of Kolstad Road, including the subject structure, were built at a 25-foot setback from the Crestridge Lane right-of--way. An existing 5-foot deck attached to the neighboring unit was constructed at a 20-foot setback from Crestridge Lane (see photo below). An 8-foot deep sepazation wall exists between the two units at deck level. The subject property does not have an existing deck. Crestridge Lane right-of--way widens east of Kolstad Road from a 60 feet to 70 feet providing a 22-foot distance between the curb line of Crestridge Lane and the subject property line. Although the City parcel records are limited, it appears from a windshield survey that most of the existing properties in the area have the original s-foot deep decks. Several, however, appear to have added 8-foot Subject Property decks including one that appears to encroach in the 20-foot setback from the Crestridge Lane right-of--way. ~3 Planning Report - Dozois Variance August 29, 2002 Page 3 EVALUATION OF REQUEST The applicant is proposing to construct a deck on the front of the existing townhome on the subject property. The deck is proposed to be 8 feet in depth by 20 feet in width (160 square feet). The Zoning Ordinance requires a 30-foot setback for buildings abutting public rights-of--way. However, the applicable Planned Development Agreement did allow a minimum 20-foot setback at a Building Inspector's discretion The proposed deck setback appears to be 17 feet from the public right-of--way. (see Exhibit A). The additional right-of way of Crestridge Lane adds an additional 7-feet of setback to the townhome properties than otherwise would exist along a 60-foot right-of--way. Allowing an additional 10 feet encroachment from the standard 30-foot setback, however, makes up this distance. The area is surrounded with mature trees along Crestridge Lane that partially hide the existing decks from view. Also, the proposed deck will not extend past the existing 8-foot deep separation wall. APPLICANT'S ESTIMATE OF HARDSHIP The applicant has submitted a request to build the proposed deck with structural plans and elevation drawings; however, no formal letter of hardship was submitted. From verbal conversations, the applicant was concerned that permits were issued for other 8-foot decks within the area and she believes she should be allowed to build a similar sized deck. SUMMARY/CONCLUSION The applicant is requesting a setback Variance for the construction of a deck addition. An attached townhouse style dwelling unit with an attached two-stall garage is present on the site. The condition upon which the variance appears to be based is applicable to other properties within this PD. This property does not seem to exhibit a unique or special feature that would require or warrant relief from City ordinances. However, it appears the City has issued a permit for one other 8-foot deep deck encroaching into the 20-foot Crestridge Lane setback. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. 8y Planning Report - Dozois Variance August 29, 2002 Page 4 ACTION TO BE CONSIDERED To approve an 3 foot Variance from the allowed 20-foot front yard setback for the construction of a deck addition to an existing attached townhome style dwelling unit on property located at 1306 Crestridge Lane (Lot 2, Block 13, Timbershore 3`d Addition) in the SW '/4 of Section 15. If approved the following conditions shall apply: 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 an 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 deck shall not be enclosed. 3. The deck shall not exceed 8 feet in depth by 20 feet in width and 160 square feet in area. gS Eagan Boundary Location Map ~~P~,~ aa~ina ,,_ Building Footprint ~- ~. - -t, r( ~.~° ', ~,'~ ~ ~ ~ ~ ~ LPL r ~ ~ ~ ~' \_: 'BLS '- ~~ ~o E ~-; ~o ~; ~~~~ ~ ~d ~ 0 0 i ~. [, 1 -~ G .~: ~< ,r. / '" ~', - Sub ect Site ~ ~L V~ ~- d -,-, _ ~, `.~ I©" ~© . ~: ~ - ~, ~ ~, ty ~ 4+' G+ 5t ~' C ~ ~ ~"~ p ~, c ~' ~ ,•~~ ~ w. ~ ~I Ft~F1y~~~ ~: !'~ v~ ti ~~ v ~ ,C FJ ~~ f ~ ~ c ~s ~., Q a ~~ p ~', ~` ' ~~ ~~ ~ ~~F -- s ~' c I ~, ~l o®r ~ao ao se© e~~ ~ o ~ ~ ~ ~ ~ a r c ~ 3 +I f _ ~ ~ ~... C ~ Y eM Nw ~yy O -~ -- 6~5 -_2 ~ f ~~ ~ 4:. ~, is L t 0 JJ " •,,. ~-, J / r _ ~ ^. ~_ ~ ~ ~` ~~ ±. n '~ f ®, i~_ ~< ~ ,~ + (e ~~~~~r 7000 0 1000 2000 Feet Developmerrt/Developer•. Karen N. Dozois Application: Variance ~~ Case No.: 15-VA-25-08-02 Map Pnpand using ERSI AreVhw ~.1. Parcel 6aae rmp dad provided N by Dakoh County Land Survey Department and u eunent as of March 2002. W~ E City of Eagan TNIS MAP IS INTENDED FOR REFERENCE USE ONLY .k! ! N ti E S L ? fi Tha City of Eagan and Dakota County do not guanntN tha aecurat:y of this Information and an S Cemnwdty Dwelepment Departrn.M not rosponsiblo for arrora or omissions. > ~~ - ~; - ~ t ~ ` ~! r~~~ ~ ~ . 4 ~__ y, i~ >> 60' right-of-way 70' right-of-way Crestridge Lane i i curb ~, ~~ I Pro a Line ~I I Proposed Existing 17' Setback 25' Setback I O 6dstinp Proposetl ~ ~ 5' tleep Deck 8' X 20' Deck ~I ~ }+ ~ Subject Y Unit ~i i 0 25 5 Feet Site Plan and Setback Illustration Dozois Variance U ~ Exhibit A Agenda Information Memo August 29, 2002 Eagan City Council IvTeeting E. VARIANCE - RHETT & DEBOR_aH LEWIS - 1128 WESTBURY PATH ACTION TO BE CONSIDERED: To approve a 0.22 percent Variance from the 20 percent maximum building coverage and a one and one-half foot Variance on the 10-foot side yard setback standard in Residential zoning districts for the construction of a 352 square foot living space addition and a 14 square foot wall "bump out" for Lot 5, Block 4, Westbury ls` Addition in the NE'/4 of Section 22. FACTS: • The applicants would like to construct a 352 square foot living space addition on the rear of the home, and a 14 square foot kitchen wall "bump out" to accommodate a china cabinet on the west side of the home. • The home currently has lot coverage of 16 percent, and side yard setbacks of 10.5 feet. • In Single Family Residential zoning districts the typical minimum lot area is 12,000 square feet. • The subject property is zoned PD, Planned Development to accommodate deviations from the frontage and lot size with a minimum single family lot width of 65 feet at the front setback line, and a minimum lot size of 9,000 square feet. • The subject site is 9,100 square feet in area. • In Residential zoning districts building coverage is limited to 20 percent of the lot area. The proposed lot coverage is 20.22 percent. • In Residential zoning districts the required side yard setback on the dwelling unit side is a 10-foot minimum. The proposed side yard setback of 8-1/2 feet would be outside the five-foot drainage and utility easement. • The applicants are trying to accommodate space needs of the family and avoid the removal and replacement of existing 4-year old oak flooring, which was installed due to rot from a leaking patio door. ATTACHMENTS (1) Staff report, pages through 8s PLANNING REPORT CITY OF EAGAN REPORT DATE: August 21, 2002 APPLICANT: Rhett & Deborah Lewis PROPERTY OWNER: Same REQUEST: Lot Coverage & Setback Variance CASE: 22-VA-26-08-02 HEARING DATE: September 3, 2002 APPLICATION` DATE: August 13, 2002 PREPARED BY: Mary Granley LOCATION: 1128 Westbury Path (Lot 5, Block 4, Westbury 1St Addition) COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUIiI~1ARY OF REQUEST Rhett and Deborah Lewis are requesting a .22 percent Variance from the 20 percent maximum building coverage standard in Residential zoning districts for the construction of a 352 square foot living space addition and 14 square foot wall "bump out", and a one and one-half foot Variance on the side yard setback for property located at 1128 Westbury Path (Lot 5, Block 4, Westbury 1 Sc Addition) in the NE '/a of Section 22. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 89 Planning Report -Lewis Variance August 21, 2002 Page 2 CODE REQUIREMENTS Chapter 11, Sec. 11.20, Subd. 6 F states that "all buildings including accessory buildings together shall not cover more than 20 percent of the site area" in Residential zoning districts. Chapter 11, Sec. 11.20, Subd. 6A states that the minimum side yard setback on the dwelling unit side for single-family residences is 10 feet. BACKGROUND/HISTORY The subject site was platted as part of Westbury ls` Addition, which is part of the Westbury development that included 110 single-family dwellings and 36 duplex units. The development is zoned PD (Planned Development) to accommodate deviations from the frontage and lot size, with a minimum single family lot width of 65 feet at the front setback line, and a minimum lot size of 9,000 square feet. The minimum lot area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site is 9,100 square feet in area. EXISTING CONDITIONS A single family dwelling with atwo-stall attached garage, which was built in 1984, is present on the site. The site is bounded on all sides by single-family homes. The home has a foundation size of 1012 square feet and a garage size of 462 square feet. The lot has a width of 65 feet at the front adjacent to Westbury Path, and a length of 140 feet. The home currently has a side yard setbacks of 10.5 feet on each side. The home has current lot coverage of 16 percent. There are no accessory buildings on the site. The proposed addition and "bump out" would not result in the removal of any trees. The windows and siding of the home are currently being replaced due to rotting as a result of window leakage, according to the applicant. The applicant further states that contact has been made with neighboring property owners who have voiced general support of the project. EVALUATION OF REQUEST The applicant is requesting a Variance to allow for the construction of a 352 square foot (16 feet by 22 feet) two-story addition to the rear of the home, and a 14 square foot (2 feet by 7 feet) west wall "bump out". The Zoning Ordinance limits lot coverage to 20 percent. The proposed lot coverage is 20.22 percent. TO Planning Report -Lewis Variance August 21, 2002 Page 3 The proposed addition is on the rear of the home and meets all required setbacks, according to the site plan. The wall "bump out" is proposed for the west (dwelling unit) side of the home and would encroach into the required side yard setback 1-1/2 feet, but would be outside the five-foot drainage and utility easement. The home currently has a side yard setback of 10.5 feet on both sides. The proposed Variance would result in the "bump out" lying 8-1/2 feet from the subject property's side lot line. The proposed addition would be two stories in height and be comprised of a family room on the upper level, and a room with a large closet on the lower Level. The west wall "bump out" is to allow for space in the kitchen area for an existing china cabinet. The "bump out" would be installed with footings to avoid the removal of existing 4-year old oak flooring to put in floor joists for support. The elevation plan indicates the proposed addition blends with the existing architecture and materials of the home. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the hardship for the requested variance is based on the following factors: 1. The applicant's desire to accommodate the space needs of the family and remain in the current location, their home for 18 years; 2. To avoid the removal and replacement of existing 4-year old oak flooring, which was installed due to rot from a leaking patio door; 2. Approval of the variance will not negatively impact surrounding properties. 9/ Planning Report -Lewis Variance August 21, 2002 Page 4 SUMMARY/CONCLUSION 1Zhett and Deborah Lewis are requesting a lot coverage and setback Variance to construct a living space addition and kitchen wall "bump out". A determination of whether or not the applicant has sufficiently demonstrated hardship is considered a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED To approve a .22 percent lot coverage Variance and a 1-1/2 foot setback Variance for the construction of a 352 square foot addition and 14 square foot wall "bump out" located at 1128 Westbury Path (Lot 5, Block 4, Westbury 1St Addition) in the NE'/4 of Section 22. 9a ~, O Eagan Boundary 54""M'°~'~° Pareei Aroa Location Map ~~ ~~' Building Footprint qj ~~ r-._-._.` 's ~ i~. ~ ~1 J °~ ~ Bbl 6 -~ ~0 4s1 c m.. !; ~ t wn~.sw wn _ C ~ ^. rv i t ,. 4 •J C=am uu ~ ~ n ~•~, y ~i ' ~ .Try ~ > ~ n `' ~ ~ ^ e~ .a 0~ c ~ w C ~ ~ ~ p'q~ ~® . gym. w•. ~ 1 ~ 4 ~~ ~, n 4~tc ~" ~ c ~, ~,^t:~ 4 •r v v" O f ~~. - ~ ~ ~ ~ O3t> G ~ `' - ~ Sub ect Site ~ e ~ `~ .. ~ ^ ~ E „+' c ' .; ~ P - ~ ~ % ?. ~ E ~' ~' ~ e~ _ 1,, ., .._ ~' v m . ~ ~6,^ ~J r -' ~. ' ~ V r , '" ' ~ ~ ~.. C ~ ~ w• en ~ b ' y.. w ~: , r G ,. v ~ ~ ~ a ® w. ~' .'~ ~ ~, +3 ~ ~ t ~ B tJ ~ ~ c o ° 4 4i ~ < A w A 1 ~ 6 ` ~ ~^ q ® Vd ~ (~ 9 p ", ~ c .b qa"®, e e ~ ~ all JO ., '-~` 0 ~ ~ 6 6 ~ ~ r ~!' 100 0 0 1000 2000 Feet Development/Developer: Rhett and Deborah Lewis Application: 1128 Westbury Pat Case No.: 22-VA-26-08-02 r Map Prepared uNng ERSI AreView 1.7. purl aM map 4L provided by Dakota Courtly Land Survey Departnw~R and is eurtant as of MareA 2002. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE llSE ONLY w E ~~ ; n n F S p r ~ Tba City of Eagan and Dakota Courtly do not guarantaa tha accuracy of thla frrformatlon and ara 5 Com/nuNty pwropm~t Dpart~nt not raaponaibla for arrortt or otniaalona. August 9th, 2002 Dear Members of the City Council, We have lived in our Eagan home for almost 18 years. We love our neighborhood and the schools our children go to. It is important to our family to stay in our Eagan home. We do not want to uproot our children and move them to a new home. They have great schools, neighbors and friends. VVe are finding that our house is too small for our family and we need additional living space. We are planning on adding a family room to the back of the house, off our kitchen and eating azea. The lower level would include a room and large closet. This would provide the much needed storage area that we are lacking in our home. A small deck or landing area would be attached to the family room with steps down to a future patio. We would also like to box out a wall in our kitchen eating area for our china cabinet. Without it the traffic flow in our kitchen would be very tight with the china cabinet, and table and chairs that we already have in there. The boxed out azea would be just big enough inside to put our 1 '/2 by 5 '/z foot china cabinet. We would like to put footings down for this boxed out area. We had to replace our floor about 4 years ago because our patio door leaked causing our floor to rot, leaving a hole in our kitchen floor. My husband spent a lot of time and money replacing it himself, with an oak floor. We would rather not have to rip up the floor to put 6-foot joists in for the boxed out wall. We are in the process of replacing all of our windows and our siding. This needs to be done because the windows have leaked and almost all of them have rotted. We have also found several azeas of our siding that has rotted. We would like to put on our addition and the boxed out azea at the same time we are replacing our windows and siding. Our plans are to replace the windows, put on the addition and boxed out wall, and reside our house this fall. The interior work including the wiring, ductwork, sheet rocking and finishing trim would be completed this winter and spring. Our hope is to complete everything so we can work on landscaping next summer. 9y NARRATIVE Thank you for considering our request for our addition! Sincerely, Rhett and Deborah Lewis 1128 Westbury Path Eagan, MN 55123 gs NARRATIVE .•or Miller Construction ,edar Avenue South _ngton, M'~ 'i5~24 DELMAR H. SCHWANZ LAND SURVEYOR 5, ' WC. Rp.ft~r~C U~O~r Lawf of TM St~t• oI M~nn~tou 2978 - 16TH STREET W. - 80X M ROSEMOUNT, MINNESOTA 66088 SURVEYOR'S CERTIFICATE ;` ,~a ~--- ~ ~ - ~~ -- - - ~-- - d ~! r ~ ; ~ ~, ~ ... I /,~~J~„ 1 1 ~ t l y J~ ~/G." ,- - - ~ .~ n,y ~t r ~ o •'' ~ ~ ! ~' : la ~c,srttiv ~ ~~ h~~~ ~ ~S lo,~~ ~~ i. .. / ` ,r.g 5~. ~ ~_, ~_ ____ _ _ _ . r ~ QT~ .5" ~ ` .~ ~ .t ~~~~~ ,~ ~- 6 .Soo .. , . ~ ~,. g6 RECEI`yED aU~ 7 3 ~r~2 ~-/,J J ~ ~/ / --- I hereby certify that this is a true and correct representation of the followinb described tract of land: Lot 5, E31ock 4, WESTBURY FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Also showing the location of a proposed house not staked thereon as of July L5, 1984. House staked Plan 83-1'15 Pairfax A PHONE 812 423.1789 1; I I ~~, ~i . 1 ` ~'J Scale: 1 in ~~'3 ~ Proposed ~ =Set wood o ~ Property = Proposed ~h ~ 3'? feet elevations hub corner drainage Proposed garage floor elevation _ __, 198_. ~' . ~/ C ~AiNNESOTn REt;ISTNA7iON YU yK75 ' SUR•V~Y. 3 z 9~ PROPOSED SITE PLAN e z k M ~ q o- 4 a ~~ e WES~ T ELEVATION .~ 0 SOU~fH ELEVATION r ~ o` ~~3 ~_ 0 3 Z O ~ °C q 3 ~ o Z ~ ~ k.. .Z ~ o `~ c ~ e ~ ti m Agenda Information Memo September 3, 2002 OLD BUSINESS A. PROJECT 796, CEDAR CLIFF/ MARI ACRES FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive/Modify the Final Assessment Roll for Project 796 (Cedar Cliff/ Mari Acres -Street Overlay) and schedule a public hearing to be held on October 1, 2002. FACTS: • Project 796 provided for the bituminous overlay of the streets within the Cedar Cliff, Mari Acres and Honey Tree Additions, including Cliffview Drive, Cliffhill Lane, Scott Trail, and Erin Drive located east of Cedar Freeway and north of Cliff Road. No one appeared at the public hearing held on Dec. 18, 2001. • This project, constructed under Contract 02-02, has been completed, all costs tabulated, and the final assessment roll prepared. • This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • The final assessments are approximately 12% under the estimate for the single family properties, 7% over the estimate for the commercial properties within the Cedar Cliff Additions, and 69% over the estimate for the commercial properties within the Mari Acres and Honey Tree Additions as compared to the feasibility report presented at the public hearing held. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns or questions. ISSUES: • The Feasibility Report for Project 796 calculated the assessment rate for the Mari Acres/Honey Tree commercial area (Erin Drive) on a total front foot basis. Therefore, this report incorrectly stated that the frontage along Cedar Avenue Freeway and the internal pond would not be re-allocated to the remaining "assessable" frontage, in essence becoming the responsibility of the City's Major Street Fund ($16,320). In accordance with the City's Assessment Policy, 100% of the improvement costs are to be distributed to the actual "assessable" frontage for these local streets within this commercial area (similar to the way the original construction was financed). By removing the non-assessable frontage (along Cedar Avenue Freeway and the pond), and distributing the total improvement costs to only the "assessable" frontage per policy results in an assessment rate ($15.75), approx. 69% over the original estimated rate ($9.28). ~~ Agenda Information Memo September 3, 2002 Eagan City Council Meeting C. CONSIDER JOINT AIRPORT ZONING BOARD INDEMNIFICATION AGREEMENT ACTION TO BE CONSIDERED: To consider the Indemnification and Cooperation Agreement Regarding the Wold- Chamberlain Field Joint Airport Zoning Board and the Minneapolis-St. Paul International Airport Zoning Ordinance. FACTS: • The City of Eagan is a participant member of the MSP Joint Airport Zoning Board. • Echoing concerns of other communities, the City of Eagan JAZB representatives - at the direction of the Eagan City Council -pushed for an indemnification agreement with the Metropolitan Airports Commission related to JAZB deliberations. • At the time this memo was prepared, City Attorney Dougherty still had some unresolved questions related to the application and authority of the zoning ordinance. • Staff will present the issues and make a final recommendation at the meeting. ATTACHMENT: • Proposed agreement is attached on pages~f~through ~~ /a.~ Agenda Information Memo September 3, 2002 B. PROJECT 852, POST ADDITION/ RUSTIC HILLS DRIVE/ OSTER ADDITION FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Continue the consideration of receiving the Final Assessment Roll for Project 852 (Post Addition/ Rustic Hills Drive/ Oster Addition - Street Rehabilitation) to September 17, 2002. FACTS: • Project 852 provided for the rehabilitation of Sibley Hills Drive, Rustic Hills Drive, Oster Drive, and a portion of Skyline Road. • This project, constructed under Contract 02-02, has been completed, and all costs tabulated. • A proposed Final Assessment Roll was presented to the Council on Aug. 20 for their consideration of scheduling a public hearing to fonmally present the final costs to the benefited properties. However, some discrepancies were discovered and it was continued to the Sept. 3 meeting for reconsideration. The staff has still not been able to sufficiently clarify these issues allowing the completion of a Final Assessment Roll for publication and distribution. Therefore, it is recommended that this item be continued to the Sept. 17 Council meeting. /o/ DRAFT 8/22/02 INDEMNIFICATION AND COOPERATION AGREEMENT REGARDING THE WOLD-CHAMBERLAIN FIELD JOINT AIRPORT ZONING BOARD AND THE MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT ZONING ORDINANCE This Agreement is made this day of , 2002, by and between the Metropolitan Airports Commission ("MAC"), the Cities of Bloomington, Eagan, Mendota, Mendota Heights, Minneapolis, Richfield and Saint Paul and the County of Hennepin (collectively "the Entities") and Mary Hill Smith, an individual ("M. Smith") RECITALS A. The parties to this Agreement are all of the members of the Wold-Chamberlain Field Joint Airport Zoning Board ("the JAZB") formed pursuant to the authority of Minn. Stat. § 360.063. M. Smith was appointed by the other members as Chair of the Board pursuant to the authority of Minn. Stat. § 360.063, subd. 3(b). B. In 1984 the JAZB adopted the Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance ("the Ordinance") to govern land use and the permitted height of structures, vegetation and other potential obstacles in areas proximate to the Minneapolis-St. Paul International Airport ("the Airport") and under the approach and departure paths for flights to and from the Airport. /03 C. Under the provisions of the Ordinance, an employee of each of the Entities is designated as the Zoning Administrator who is responsible for administering and enforcing the Ordinance for lands located within each respective Entity. D. In connection with construction of a new runway at the Airport and with other changes made at the Airport since 1984, the JAZB is considering certain Amendments to the Ordinance ("the Amendments") that, if formally proposed by the JAZB, must be approved by the Commissioner of the Minnesota Department of Transportation ("the Commissioner") and adopted by the JAZB before they become effective. E. If the Amendments are adopted by the JAZB in a form acceptable to MAC, MAC desires that each of the Entities amend its respective comprehensive plan and zoning code to require compliance with the Ordinance as amended by the Amendments ("Amended Ordinance') and to include the Amended Ordinance as an appendix to its zoning code. MAC also desires that an employee of each Entity act as the Zoning Administrator to administer and enforce the Amended Ordinance within its respective boundaries. F. The Entities are willing to amend their respective comprehensive plans and zoning codes and to administer and enforce the Amended Ordinance within their respective boundaries. The Entities desire, however, to be protected against possible legal liability that may arise from their doing so. G. M. Smith desires to be protected against possible legal liability that may arise from serving as Chair of the Board, from actions taken by the Board and by actions taken by the Entities to amend their respective comprehensive plans and zones codes and to administer the Amended Ordinance. 2 DRAFT 8/22/02 /D AGREEMENT In consideration of the mutual promises and consideration set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Adoption Of Amendments And Effectiveness: After the second public hearing on the Amendments, the JAZB shall send its proposed final version of the Amendments to MAC. The Commission shall either approve the proposed final draft or respond by stating the changes to the Amendments needed for this Agreement to be acceptable to the MAC. If the JAZB changes the Amendments as set forth by the Commission and adopts the Amendments as changed, this Agreement shall become effective immediately; provided it has been executed by MAC and the Entities. 2. Indemnification Of Entities: In consideration of an Entity's (i) amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, (ii) amendment of its zoning code to incorporate therein a provision requiring compliance with the Amended Ordinance and to add thereto as an appendix the Amended Ordinance and (iii) designation of one of its employees to act as the Zoning Administrator to administer and enforce the Amended Ordinance within the Entity's boundaries, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless: a. the Entity; b. any person who serves or has served as the Entity's representative at meetings of the JAZB; and ~~ DRAFT 8/22/02 c. any officer, employee or agent of the Entity, other than an attorney employed or retained by the Entity, who may hereafter be responsible for or participate in administering or enforcing the Amended Ordinance within the Entity's boundaries, (collectively, "Indemnified Parties" and individually "an Indemnified Party") from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by the Indemnified Party resulting from or arising out of any act of that Indemnified Party in connection with the consideration and adoption of the Ordinance and Amendments by the JAZB, the amendment of its comprehensive plan to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, the amendment of its zoning code to require compliance with the Amended Ordinance, the incorporation of the Amended Ordinance as an appendix to its zoning code and administration or enforcement of the Amended Ordinance by the Entity. 3. Indemnification Of M. Smith: In consideration of M. Smith's service as the Chair of the JAZB, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless M. Smith from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by M. Smith resulting from or arising out of any act of M. Smith as 4 DRAFT 8/22/02 /O~ Chair of the JAZB, in connection with the consideration and adoption of the Ordinance and Amendments by the JAZB or out of the acts of the Entities to amend their comprehensive plans to show the areas affected by the Amended Ordinance and to guide land uses in those areas in conformance with the Amended Ordinance, to amend their zoning codes to require compliance with the Amended Ordinance, to incorporate the Amended Ordinance as an appendix to their zoning codes or to administer or enforce the Amended Ordinance. Therefore, for the purposes of this Agreement, M. Smith shall also be an Indemnified Party. 4. Limitations And Exclusions: MAC will not indemnify an Indemnified Party with respect to liabilities or costs resulting from or arising out o£ a. a failure by the Indemnified Party or an official, employee or agent of the Indemnified Party to follow the procedures established by the Amended Ordinance, by the comprehensive plan or zoning code of the respective Entity or by applicable state law in performing any act as to which indemnification would otherwise be available under this Agreement; b. the gross negligence or willful misconduct of an Indemnified Party or an official, employee or agent of that Party in performing any of the acts as to which indemnification would otherwise be available under this Agreement; c. actions involving self-dealing or conflict of interest by the Indemnified Party or an official, employee or agent of that Party; or d. actions of any individual (whether or not that individual is an Indemnified Party) not performed in an official capacity as a representative of the Entity of which the individual is an official, employee or agent and in direct performance of the individual's duties. 5 DRAFT 8/22/Q2 /0'~ 5. Notice Of Claim: If an Indemnified Party receives notice of a claim or of the commencement of an action or proceeding with respect to which the Party believes MAC is required by this Agreement to provide indemnification ("Claim"), the Party must give written notice thereof to MAC within 21 calendar days if the Claim is not asserted in a formal complaint in a legal proceeding, or within 10 calendar days if the Claim is asserted in such a formal complaint ("Notice of Claim"). The failure to give Notice of Claim within the time specified in this section shall relieve MAC of its obligations under this Agreement to the extent that the failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim. MAC shall be the sole arbiter of the term "materially prejudicial" as used in this Agreement. 6. Assumption Or Rejection Of Defense: Within 10 days after receiving a Notice of Claim in accordance with section 5 of this Agreement, MAC must notify the Indemnified Party providing the Notice of Claim either: a. that MAC will assume complete control of the negotiation, settlement and defense of the Claim and will be responsible for the entire amount of any costs incurred in negotiating, settling and defending the Claim, including any amount required to be paid in settlement of the Claim or in satisfaction of a final judgment, after the conclusion of any appeals, in a lawsuit based on the Claim. MAC must also notify the Indemnified Party of the name and address of the counsel whom it has assigned or retained to perform MAC's duties under this section. Thereafter, except with the consent of the Indemnified Party, MAC may not enter into any settlement of the Claim that does not include, as an unconditional term of such settlement, receipt 6 DRAFT 8/22/02 /D~ from the claimant of an unconditional release to the Indemnified Party from all liability with respect to such Claim; or b. that the Claim is not a claim for which indemnification is required under this Agreement and that MAC therefore declines to provide indemnification. In such a case, the Indemnified Party may itself control the negotiation, settlement and defense of the Claim at its own expense and may select counsel of its own choice for that purpose, and MAC must cooperate with the Indemnified Party in the respects described in sections 7.a, 7.b and 7.c of this Agreement as if MAC were an Indemnified Party. 7. Cooperation Of The Indemnified Party: As a condition of MAC's obligation to indemnify and hold harmless, an Indemnif ed Party and any Entity with which an individual Indemnified Party is associated: a. must make available to MAC and its counsel all of its books, records and documents that MAC or its counsel determines to be necessary for the defense of any Claim for which indemnification is sought; b. must cooperate fully with MAC to secure any information or testimony that MAC or its counsel determines to be relevant or material to the Claim; c. must execute all necessary pleadings or other documents in any litigation arising out of, or with respect to, any Claim when requested to do so by MAC or its counsel; provided however, that an Indemnified Party may have counsel of its own choice review any such pleadings or documents, provided that MAC will not be liable for any expenses relating to an Indemnified Parry's consulting such separate counsel; and 7 DRAFT 8/22/02 /O d. must not settle or compromise any Claim for which MAC has undertaken the Indemnified Party's defense without the prior written consent of MAC. 8. Termination Of Indemnification Obligation: MAC's obligation to provide indemnification pursuant to section 2 of this Agreement will terminate: a. as to an Entity and any Indemnified Party associated with that Entity, if the Entity, having amended its respective comprehensive plan and zoning code as required by section 2 of this Agreement as a condition of its becoming eligible for indemnification, thereafter further amends its comprehensive plan or zoning code so as to change materially the provisions previously adopted pursuant to section 2 of this Agreement; b. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Party is associated fails to perform any of its obligations under section 7 of this Agreement and does not correct such failure within 10 days after being given notice by MAC that MAC will cease to provide indemnification if the failure is not corrected; c. as to any Indemnified Party, if the Indemnified Party or an Entity with which an individual Indemnified Party is associated fails to perform its obligations under section 5 of this Agreement and if such failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim; or d. as to any Indemnified Party, if, after MAC has assumed responsibility for a Claim under section 6.a of this Agreement, MAC or a court or other adjudicating entity subsequently determines that the Claim is of a type described in section 5 of 8 DRAFT 8/22/02 //D this Agreement, as to which no indemnification is required, in which case MAC must promptly notify the Indemnified Party that it will no longer provide indemnification. In the case of a termination pursuant to section 8.d of this Agreement, MAC shall be entitled to reimbursement of its costs incurred pursuant to section 6.a of this Agreement, and upon receipt of an itemized bill for those costs from MAC, the Indemnified Party shall promptly reimburse MAC for the billed costs. 9. Separate Representation Of Indemnified Party: If an Indemnified Party reasonably determines that there may be a conflict between the positions of MAC and the Indemnified Party in connection with the defense of a Claim, or that there may be legal defenses available to the Indemnified Party different from or in addition to those being asserted on its behalf by MAC, counsel for the Indemnified Party may conduct, at the Indemnified Party's own expense and at no expense to MAC, a defense to the extent that the Indemnified Party's counsel believes necessary to protect the Indemnified Party's interests. In any event, the Indemnified Party shall be responsible for all fees and expenses of its separate counsel arising from or related to the defense of a Claim for which MAC has assumed responsibility under section 6.a of this Agreement. 10. Resolution Of Disputes Between Parties: If a dispute arises between MAC and an Indemnified Party concerning either party's compliance with or obligations under this Agreement and the parties are unable to resolve the dispute by negotiation or other procedure (including mediation or arbitration) on which the parties may agree at the time, any lawsuit arising from the dispute must be filed in the Minnesota District Court for the Fourth Judicial District (Hennepin County). 9 DRAFT 8/22/02 /~/ 11. Notice: Any notice, direction, or instrument to be delivered hereunder shall be in writing and shall be delivered to the following: To MAC: Metropolitan Airports Commission Attn: Thomas W. Anderson, Esq. General Counsel 6040 28th Avenue South Minneapolis, MN 55450-2779 To City of Bloomington: [Name and address of responsible person] To City of Eagan: [Name and address of responsible person] To City of Mendota: [Name and address of responsible person] To City of Mendota Heights: [Name and address of responsible person) To City of Minneapolis: [Name and address of responsible person] To City of Richfield: [Name and address of responsible person] To City of Saint Paul: [Name and address of responsible person] To County of Hennepin: [Name and address of responsible person] To M. Smith: Mary Hill Smith 515 North Ferndale Road Wayzata, MN 55391 Such notice shall be either (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case it shall be deemed delivered on the date of delivery to said offices, or (ii) sent by certified U.S. Mail, return receipt requested, in which case it shall be deemed delivered on the date shown on the receipt unless delivery is refused or delayed by the addressee, in which event it shall be deemed delivered on the 3rd business day following deposit in the U.S. Mail. /~ DRAF"T 8/22/02 Parties may change to whom notice shall be given by giving notice in accordance with this section, provided that no party may require notice to be sent to more than two addresses. Any individual who claims entitlement to indemnification under this Agreement must include with the Notice of Claim required by section 6 of this Agreement the address to which any notice, direction or instrument under this paragraph should be delivered to that individual. 12. Captions: The section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any provision of this Agreement. 13. Construction: The rule of strict construction shall not apply to this Agreement. The Agreement shall not be interpreted in favor of or against either MAC or any Indemnified Party merely because of their respective efforts in preparing it. 14. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. 15. Complete Agreement; Amendment: This Agreement sets forth the complete agreement of the parties with respect to its subject matter. It may be amended, modified or waived as between MAC and any Indemnified Party only by a writing signed by both of them. 16. Signatures: This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute and be one and the same instrument. Each signatory below 11 DRAFT 8/22/02 //3 represents and warrants that he or she is expressly authorized to enter into this Agreement on behalf of the Party for which that person is signing. Dated: METROPOLITAN AIRPORTS COMMISSION By Its Dated: CITY OF BLOOMINGTON By Dated: Its CITY OF EAGAN By Its Dated: CITY OF MENDOTA HEIGHTS By Its 12 // DRAFT 8/22/02 Dated: CITY OF MINNEAPOLIS By Its Dated: CITY OF RICHFIELD By Its Dated: CITY OF SAINT PAUL By Its Dated: COUNTY OF HENNEPIN By Its Dated: MARY HILL SMITH M2:20480728.05 I3~ DRAFT 8/22/02 // AGENDA MEMO SEPTEMBER 3, 2002 OLD BUSINESS: D. ORDINANCE AMENDMENT -Chapter 6 Entitled "Other Business Regulation And Licensing" by adding Section 6.35, Subd. 5, regarding distribution of proceeds; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. ACTION TO BE CONSIDERED: Approve Ordinance amendment to the Eagan City Code Chapter Six entitled "Other Business Regulation and Licensing" by adding Section 6.35, Subd. 5, regarding distribution of proceeds; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. FACTS: The City Council, at their August 20, 2002 meeting, directed an ordinance amendment be drafted by the City Attorney regarding distribution of proceeds from lawful gambling. A sub-committee, consisting of Councilmembers Carlson and Fields, was appointed by the Council to review and discuss the ordinance amendment. The sub-committee, along with the City Attorney and staff, met Tuesday, August 27, 2002 and agreed on an amendment to Chapter Six of the City Code. ATTACHMENTS: The draft ordinance amendment is attached as page number ~~ //6 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, NIINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.35, SUBD. 5, REGARDING DISTRIBUTION OF PROCEEDS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.35, Subd. 5, to read as follows: Subd. S. Distribution o,~'Proceeds. Every org_uuzation conductin lg a~~ambling within the City of Ewan shall expend Sixty Percent (60%) of its expenditures derived from lawful ambling on lawful purposes conducted or located within the Ci of Eagan or the Cit~of Eagan's trade area. The City of Eagan's trade area is defined as the cities of Apple Valley, Bloomington, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount and Sunfish Lake. Annually every organization must file with the City, on a form provided by the City, a report signed by an independent certified public accountant, documenting compliance with this Section. In addition, every organization must submit a report to the City each January listing~all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the City location of the recipient, and the amount of the donation. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Patricia E. Awada Its: Mayor //7 AGENDA MEMO SEPTEMBER 3, 2002 OLD BUSINESS: E. PREMISES PERMIT -METRO BASEBALL LEAGUE ACTION TO BE CONSIDERED: Approve Premises Permit for Metro Baseball League to sell pull tabs at Joe Senser's Sport Grill and Bar. FACTS: • This item was continued from the August 20, 2002 City Council meeting pending review of an ordinance amendment regarding distribution of proceeds from lawful gambling. //g Agenda Information Memo September 3, 2002 Eagan City Council Meeting F. SITE PLAN REVIEW - PARKVIEW GOLF CLUB ACTION TO BE CONSIDERED: To approve Modifications to the approved Site Plan for the Parkview Golf Club Driving Range. FACTS: On March 19, 2002, the City Council approved a Site Plan for the driving range that included 50'-75' tall nets and an additional 121 parking stalls. - The applicant's architect and engineer have determined that the northern most row of the new parking area should be eliminated in order to meet the City's parking setback and screening requirements. - The applicant states that further review has led to the conclusion that the protective poles and nets should be 75'-100' in height for the safety of golfers on the surrounding golf holes. - Notice was sent to adjacent property owners and their responses to Parkview and the City are attached. ATTACHMENTS: (4) Parkview Letter on page ~~ Surrounding Neighbors Letter to Parkview on page Surrounding Neighbors Letter to the City on page ~~ 3-19-02 Council Minutes on page //9 PARKVIEW GOLF ASSOCIATES, LLC 1310 Cliff Road Eagan, MN 55123 August 13, 2002 Mr. Mike Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Parkview Golf Club Driving Range Phone: (651) 9948000 Fax: (651) 452-7415 Dear Mr. Ridley, As you aze awaze in Mazch 2002 the Eagan City Council approved plans for a driving range at Pazkview Golf Club. The purpose of this letter is to request two minor changes regazding the parking lot and the height of the protective poles and nets. 1) Parlang Lot: The Preliminary Site Plan (approved by the City Council) was to provide up to 121 additional parking stalls to be constructed in either a one or ' two-stage process. After surveying the property, our architect and civil engineer have recommended that the northern most row of parking be eliminated. They have made this recommendation based upon their difficulty in meeting the City of Eagan's setback and screening requirements from Cliff Road. We were able to replace a significant number of the lost stalls in other locations, therefore the net effect is only 8 lost parking stalls. The 113 additional stalls along with our existing parking will be more than adequate for the golf course and driving range. 2) Netting and Pole System: The Preliminary Site Plan (approved by the City Council) provided for protective poles and netting of 50 - 75 feet in height. After significant consultation with our architects, engineers, pole and netting suppliers, we have come to the conclusion that it may be necessary to raise the protective poles and nets to 75 - 100 feet in height for the safety of the golfers on the surrounding golf holes. We anticipate using 100 foot poles and sets from the tee line to approximately 200 yazds out and 75 foot poles and nets beyond 200 yards. By raising this netting, we will significantly reduce the number of balls hit out of the range, thereby providing the best level of safety and protection to all Parkview golfers. Again the poles will be constructed of steel and/or spun concrete and the nets will be made of a high quality black mesh that will provide for the best blending characteristics. Many of the existing plantings surrounding the range will remain and other new plantings will be made along the exterior of the netting system Along with this letter, we have submitted plans for the recommended changes. If you have any questions please feel free to contact me. Thank you. /.zo August 28, 2002 Mr. Shane Korman Parkview Golf Course 1310 Cliff Road Eagan, N1N 55123 Dear Mr. Korman: Thank you inviting the Parkridge Drive property owners review plans for landscaping the golf course. We appreciate the efforts that you are taking to minimize the impact of the new• driving range on the adjacent properties. However, we want to let you know that the extension of the netting to 100 feet in height would not be consistent with your effort to minimize its impact on the neighboring properties. We strongly oppose this amendment to your plan. Raising the poles to 100 feet would have a substantial detrimental impact on the landscape. Some of the mature trees on the course may create a visual shield for the 75 foot poles along the driving range. At 100 feet the tops of the poles would be substantially more visible. The example of the 100 foot radio tower on the property makes this patently clear. Safety issues were explicitly raised before and during the City Council meeting where you sought approval for the project. The Council was assured that the driving range with 75 foot would adequately protect golfers. It is regrettable that you return to city hall for this amendment, especially when you use only anecdotal evidence to guess that 100 foot fence might measurably reduce hazards. You apparently feel that creating a more compact front nine holes on the golf course is an acceptable risk for installing a driving range. Surely limiting the height of the fences to 75 feet poses no greater risk than those already created in the new configuration of the golf course. Instead of increasing the height of the net, consider other options. For example, allow power hitters to use only the lower range, limit the number of boxes used during peak golf course hours, and penalize golfers who abuse the driving range by hitting golf balls over the net. Any of these would have a much less severe impact on the environment. We are sending a copy of this letter to City Hall to notify city planners of our opposition to the proposal. We trust that you will reconsider and withdraw this proposal. Since , ' ~ ~!(/l ~ - del ~C ~ Eby 3. ~ ~.r~ ~.~dat ~ r ~o~l ; -,: ~. , . ~: , _ ~ ~ ~ %~~G August 28, 2002 Ms. Cynthia Kirchoff Planning Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Kirchoff: We aze writing to inform you that as property owners on the east side of the Pazkview Golf Course we oppose the proposal of the owners of the Parkview Golf Course to increase the maximum height of the poles and netting for the proposed driving range to 100 feet. The placement of 100 foot poles would materially change the landscape. To many, it might even appear "industrial." Visibility of the poles above the mature trees would increase dramatically. We enclose a letter to the Golf Course that is signed by adjacent property-owners signifying this opposition. In a letter to the Council in Mazch of this year Jon Felde raised issues of safety to golfers of the proposed driving range. The issue was also raised at the City Council meeting at which approval was sought and obtained to install the driving range. The Council was assured by the owners that safety had been considered in developing the plans presented to the Council. Now that the golf course has secured the approval of the city, the owners switch their tune. They offer no proof that the change is warranted--only a guess based upon anecdotes.' We trust that the city will resist efforts by the owners to materially alter their plans to the detriment of adjacent land owners. ~~~~ d ~ ~~ y~Z 1 p., k,. dJ, D.~ J' ~~ (/ l IIL~ ~ L ~ ~~Y' !~~ SITE PLAN REVIEW FOR DRIVING RANGE (PARKVIEW GOLF COURSE) City Administrator Hedges introduced this item regarding a site plan for a driving range and service center for Parkview Golf Course located at 1310 Cliff Road. Senior Planner Ridley gave a staff report. Applicants Shane Corman and Todd Geller gave a presentation to the Council regarding their plans for a driving range. Two residents that live on Parkridge Drive voiced their concerns over the proposed driving range. Their concerns included: the aesthetics of a large netJscreen, preserving the large willow tree on the property, the need for additional trees as buffers, and lighting. The residents also stated that they were not aware of the open house held by Parkview Golf Course to discuss the proposed driving range. Craig Galow, lighting consultant, gave a presentation on the proposed lighting for the driving range. Councilmembers held a discussion regarding lighting. At the Council's request, Public Works Director Colbert provided an update on the storm sewer mitigation project underway at Parkview. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Site Plan for the construction of the Parkview Golf Course Driving Range and 860 square foot service center with surface parking located at 1310 Cliff Road in the NW '/4 of Section 34 subject to the following conditions: Aye: 4 Nay: 0 1. The parking lot expansion shall maintain a 20 foot front and side yard setback. 2. A landscaping screen three feet in height and 75 percent in opacity shall be installed along Cliff Road and the east of the new parking lot abutting the residential property. 3. The driving range shall close by 10:00 p.m. and lights shall be turned off by 10:30 p.m. 4. Outdoor speakers shall not be audible from adjacent residential properties. 5. All parking lot lights shall be limited to 20 feet in height and all fixtures shall be shields to reduce glare. 6. A photometric plan shall be submitted with the building permit application for staff review. 7. Additional trees and landscaping will be included along Cliff Road to serve as a buffer to the neighboring residential property. /~3 Agenda Information Memo September 3, 2002 Eagan City Council Meeting NEW BUSINESS A. CERTIFICATION OF THE PRELIMINARY 2003 BUDGET AND PROPERTY TAX LEVY. SET TRUTH-IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN DECEMBER ACTIONS TO BE CONSIDERED: • To approve the preliminary 2003 property tax levy as follows: General Revenue levy: General Fund $ 16,514,300 Equipment Revolving Fund 800,000 Major Street Fund 1,102,500 General Facilities RenewaUReplacement 110,250 Reserve for State aid reductions .413,417 Subtotal -General Revenue levy 18,940,467 EDA bonds debt service (Central Pazk) 125,900 Community Center bonds debt service 1,038,800 Cedarvale Special Services District 3,000 Total levy $ 20,108,167 To approve the preliminary General Fund expenditure budget of $21,351,650 plus a contingency of $427,050. To set the initial Truth-in-Taxation hearing date for Monday, December 2, with a continuation hearing date (if necessary) of Tuesday, December 10. To change the date of the first regulaz City Council meeting in December from December 3 to December 2. FACTS: • The City Council is required by law to certify the proposed payable 2003 property tax levy on or before September 16, 2002. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 27, 2002. The figures above are the same figures presented at the special meeting. • The County will use the certification information to mail Truth-in-Taxation notices by November 22. • Both the budget and levy will continue to be reviewed prior to final adoption in December. • Truth-in-Taxation hearing dates were reviewed at the August 27 special meeting. ATTACHMENTS: • The preliminary 2003 General Fund expenditures budget summary is attached on page ~S, /a y 2003 Comparative Sum of Exp 8/30/2002 August 27 Version 2003 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 2000 2001 2002 2003 Actual Actual Budget Budget % Change GENL GOVERNMENT 2002 to 2003 01 Mayor & Council $ 103,883 $ 116,437 $ 104,800 $ 101,500 -3.1% 02 Administration 644,804 742,054 681,500 724,600 6.3% 03 Information Technologies 655,991 692,350 976,400 890,200 -8.8% 04 City Clerk with Finance with Finance 232,100 198,100 -14.6% 05 Finance 884,594 850,712 771,800 802,000 3.9% 06 Legal 341,104 338,720 374,200 427,000 14.1% 07 Comm Dev/Planning 1,228,020 674,123 592,200 590,700 -0.3% 08 Inspections with Planning 662,290 795,800 825,000 3.7% 09 Communications 181,917 234,424 367,400 444,700 21.0% Gen Govt Total 4,040,313 4,311,110 4,896,200 5,003,800 2.2% PUBLIC SAFETY 11 Police 6,867,632 7,417,816 7,666,700 7,997,900 4.3% 12 Fire 950,343 991,196 1,155,600 1,187,600 2.8% Public Safety Total 7,817,975 8,409,012 8,822,300 9,185,500 4.1% PUBLIC WORKS 21 Public Works Engineering 1,234,292 1,433,021 1,204,400 1,225,550 1.8% 22 Streets & Highways 2,159,678 1,345,072 1,435,600 1,477,600 2.9% 24 Central Svices. Maint. 453,529 482,797 472,100 481,700 2.0% Public Works Total 3,847,499 3,280,890 3,112,100 3,184,850 2.3% PARKS 8~ RECREATION 31 Parks & Recreation 2,535,033 2,746,586 2,867,400 3,092,100 7.8% 32 Tree Conservation 246,435 292,056 282,300 327,200 15.9% Parks 8 Rec Total 2,781,468 3,038,642 3,149,700 3,419,300 GENL GOVT BLDG MAINT 33 Building Maintenance 552,762 555,899 564,500 558,200 -1.1 Total Expenditures- General Fund 19,040,017 19,575,553 20,544,800 21,351,650 3.9% 41 Contingency--undesignated 250,900 427,050 70.2% Total Expenditures + Contingency $ 20.795.700 $ 21.778.700 4.7% /as Agenda Information Memo September 3, 2002, Eagan City Council B. CONDITIONAL USE PERMIT -SPECTRUM INVESTMENT GROUP, LLC ACTION, TO BE CONSIDERED: To approve the following requests on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park in the NW '/4 of Section 2, subject to the conditions listed in the APC minutes: • A Conditional Use Permit to operate a class I restaurant. • A Conditional Use Permit to serve on-sale liquor. • A Variance to allow 9' x 18' parking stalls. • A 15-foot parking setback Variance from TH-55 and Blue Gentian Road. FACTS: • The property is zoned BP, Business Park. The site was platted in 2000. • The applicant is proposing to develop a 6,000 sq. ft., 204-seat Class I restaurant, with on-sale liquor, which are both conditional uses in the BP zoning district. Access is proposed from Blue Gentian Road. • The proposed restaurant use with on-sale liquor appears to be an appropriate use for the area and zoning district. However, some modifications to particular plans are needed to fully comply with specific objectives of the City Code (i.e. landscaping, exterior building materials, etc.). • The proposed site plan includes Variances for parking setbacks and parking stall size. The subject property does not appear to exhibit unique characteristics that warrant relief from City Code requirements. • The requested Variances continue a pattern of parking deviations in this development. Similar Variances were granted in 2001 for the initial building phase on Lot 2 for the Spectrum Commerce Center building. • The Advisory Planning Commission held a public hearing on August 27, 2002, and recommended approval of the Conditional Use Permit. No recommendation was made on the proposed Variances, however, the APC's comments on the Variance requests are reflected in the minutes. ISSUES: Much discussion occurred regarding the appropriateness of the Variances being requested. • Certain members of the Commission believed a precedent had been set due to the variances granted on Lot 2 and that the City should not be "micro-managing" local businesses. ia6 • Certain members believed the applicant's hardship was, in fact, brought about by the applicant with the original subdivision of the property and that it was not appropriate for the developer to now seek relief from a situation that they created back in 2000. • Suggested remedies included reducing the size of the building so that all setback and parking stall dimensions could be met or meet all setback and parking stall dimensions and request a variance to the number of parking stalls required. ATTACHMENTS (2): August 27, 2002, APC Minutes, pages through ~, Staff Report, pages~~ through /a ~ MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 27, 2002 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 27, 2002 at 6:30 PM, at the Eagan Municipal Center. Present were Chair Huusko, Members Bendt, Segal, Steininger, Kaess, Gladhill and Stackhouse (arrived at 6:39). Also present were Senior Planner Mike Ridley, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Steininger moved Member Bendt seconded a motion to adopt the Agenda. All voted in favor. July 23, 2002 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Steininger moved, Member Bendt seconded a motion to approve the July 23, 2002 Advisory Planning Commission meeting minutes. All voted in favor. A. CONDITIONAL USE PERMIT & VARIANCES - SPECTRUM INVESTMENT GROUP A Conditional Use Permit to allow a Class I restaurant with on-sale liquor in a Business Park zoning district, a Variance to allow nine foot wide by 18 foot deep parking stalls and a Variance to allow a five foot setback from a street for parking on Lot 1, Block 1, Spectrum Business Park, located at 1030 Blue Gentian Road in the NW '/4 of Section 2. Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 22, 2002. He noted the background and history. Evan Rice, Spectrum Investment Group spoke at length; discussing the neighboring uses, positive marketing reasons for the restaurant and the hardships warranting the variances requested. He distributed a letter of support from area businesses that indicate a need for restaurant services. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. /~s Member Steininger stated he would be abstaining from voting on this item. Member Segal asked how many parking spaces would fit on the property if the variances were not granted. Charlie Heinrich, Spectrum Investment Group stated he did not know and explained that the need for the restaurant is the key issue, rather than the amount of parking. He stated the facility will not be vehicle driven. Chair Huusko asked if there was a walkway to the proposed facility. He asked if downsizing the restaurant was considered in order to provide adequate parking. He stated smaller parking spaces are not beneficial and he is not convinced that the variances are needed. Rick Morphew, Spectrum Investment'`Crroup explained that there would be a walkway from the Spectrum Commerce Center site to the restaurant. He stated a larger restaurant is needed, rather than more parking spaces. Member Kaess suggested a variance that would request a lesser number of parking spaces rather than a variance requesting smaller parking spaces. He stated he is in favor of the proposal, however explained that in order for the proposal to be approved, adjustments are needed. Member Bendt stated support for the proposal. Member Segal stated agreement with the request for variances if the alternative was less parking spaces. Member Gladhill explained that the need for the size of the restaurant does not justify the amount of non-compliances. Member Segal moved, Member Bendt seconded a motion to approve the Conditional Use Permit to allow a Class I restaurant on Lot 1, Block 1, Spectrum Business Park, located at 1030 Blue Gentian Road in the NW '/4 of Section 2 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota Courtty Recorder's Office within 60 days of approval: " 2. All wall and freestanding signage shall comply with applicable provisions of the City Code. 3. Wall signage shall be limited to the south and west elevations of the building. ~a9 4. The trash enclosure shall be constructed of the same materials utilized on the restaurant and shall comply with applicable provisions of the Zoning Ordinance. 5. All wall and pole mounted light fixtures shall be shielded so as to reduce glare. 6. The applicant shall provide the total green azea on the site plan, in addition to the percentage. 7. Parking lot design shall be revised to avoid conflicts with vehicle storage and maneuvering. 8. All mechanical equipment shall be completely screened from public rights-of- way. 9. Structures shall be acoustically co~structecl -so as to achieve the interior sound level of SOdBA. 10. Architectural elevation plans shall be revised to incorporate the following: a. The same building materials and windows shall be utilized on all elevations of the building. b. No more than 15 percent of any wall surface on each elevation shall be constructed of vinyl or wood. 1 ] . The landscape plan shall be revised to incorporate the following: c. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. d. Screening, including shrubs and berming, shall be installed along Blue Gentian Road and TH 55, as required by the Zoning Ordinance. e. Astate-registered landscape architect or state-certified nurseryperson shall prepare the landscape plan. ~ .° 12. The developer shall provide evidence of private ingress/ egress easements between Lots 1 and 2, Spectrum m Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. ,~ A vote was taken. Aye: Chair Huusko, Members Bendt,~Sega1,, Kaess and Stackhouse. Nay: Member Gladhill. ~. Member Steininger abstained from voting on this item. ~. ,, .__ Motion carried 5-1. ~ N-- Member Segal moved, Member Bendt '"seconded a motion to approve the Conditional Use Permit to allow o~sale liquor in a Business Park zoning district /30 on Lot 1, Block 1, Spectrum Business Park, located at 1030 Blue Gentian Road in the NW '/4 of Section 2. A voted was taken. Aye: Chair Huusko, Members Bendt, Segal, Kaess and Stackhouse. Nay: Member Gladhill. Member Steininger abstained from voting on this item. Motion carried 5-1. Member Bendt stated that he sees the variances requested as consistent with those granted on Lot 2. . Chair Huusko stated opposition to the approval of the variances because a hardship has not been demonstrated and that the .stated hardship was self-created when the applicant created asub-standard sized lot when he subdivided the property two years ago and encumbered much of the eastern part of the subject lot with a ramp that serves Lot 2 . f /3/ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2002 CASES: 02-CU-13-07-02 02-CU-16-07-02 02-VA-18-07-02 02-VA-19-07-02 APPLICANT: Spectrum Investment Group, LLC HEARING DATE: August 27, 2002 PROPERTY OWNER: Same APPLICATION DATE: July 31, 2002 REQUESTS: Conditional Use Permits and PREPARED BY: Cynthia R. Kirchoff Variances LOCATION: 1030 Blue Gentian Road (Lot 1, Block 1, Spectrum Business Park) COI\1PREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST Spectrum Investment Group, LLC is requesting a Conditional Use Permit to operate a class I restaurant, a Conditional Use Permit to serve on-sale liquor, a Variance to allow 9 foot by 18 foot parking stalls, and a 15 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55 on property zoned BP (Business Park) located at 1030 Blue Gentian Road (Lot 1, Block 1, Spectrum Business Park) north of TH 55 in the NW '/< of Section 2. AUTHORITY FOR REVIEW Class I Restaurant City Code Chapter 11, Section 11.20, Subdivision 19C allows class I restaurants as a Conditional Use in the BP (Business Park) zoning district. City Code Chapter 11, Section 11.20, Subdivision 19 C allows on-liquor as a Conditional Use in the BP (Business Park) zoning district. (Note: A Zoning Ordinance Amendment to allow on- sale liquor as a Conditional Use in the BP zoning district is currently in process and anticipated to be in effect at the time of the public hearing for this item.) /aa Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 2 Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: /33 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 3 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY The subject site was platted as Lot 1, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included this site. In the 2001 update of the original AUAR, the development assumption for this property was a 6,000 square foot restaurant. EXISTING CONDITIONS The site is vacant. Topography is relatively flat with a gradual slope to the southeast. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround Lot 1, Block 1, Spectrum Business Park: Eaistin Use Zonin Land Use Desi nation North Sin le Famil Dwellin BP, Business Park SA, S ecial Area South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial West I35E East Office; Parkin BP, Business Park SA, S ecial Area EVALUATION OF REQUESTS I. Conditional Use Permit Proposal - The applicant is requesting a Conditional Use Permit to operate a class I restaurant with on-sale liquor on property zoned BP (Business Pazk). The Zoning Ordinance permits class I restaurants and on-sale liquor as separate Conditional Uses within this zoning district. In conjunction with the Conditional Use Permits, the applicant is seeking Variances for 9 foot wide by 18 feet deep parking stalls and a 5 foot setback for parking from the Blue Gentian Road and TH 55 public rights-of--way. /3Y Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page -3 Class I restaurants are defined as "eating establishments where food and/or beverages are ordered, served, and consumed by customers at a counter or table on the premises." The applicant noted in the narrative that "there is an incredible pent-up demand for a foil-service restaurant in the Grand Oak/Spectrum area of Northeast Eagan. With the exception of some `fast food' restaurants, the only alternatives for a quality breakfast, lunch or dinner are at least a 15- minute drive away." Compatibility with Surrounding Area -Surrounding properties are zoned BP (Business Park), which provides for "low intensity office, light industrial and supporting commercial services that maybe suitable in relative close proximity to nonindustrial development." Although properties to the north are currently single family dwellings, they are designated as BP (Business Park) in the Comprehensive Guide Plan. The Comprehensive Guide Plan provides the BP (Business Park) land use designation "to accommodate a mix of professional offices, research and development facilities, and light industrial uses as well as some support services. Corporate office buildings, office-warehouse, office-showroom, research and development facilities, restaurants and hotels are examples of uses." The proposal is consistent with the zoning and land use designation. Site Plan - The applicant proposes to construct a 6,000 square foot, 204-seat restaurant serving on-sale liquor. Access is proposed from Blue Gentian Road. Overall, it appears as though the size of the restaurant is too large for the site because of the requested Variances. Setbacks: Minimum required building and parking setbacks are compared to the proposal in the following table: Front Yard (Blue Gentian Rd.) Front Yard (TH 55) Side Yard Building Ordinance Minimum 40 feet 50 feet 20 feet Pro osed 55 feet 51 feet 67 feet Parking Ordinance Minimum 20 feet 20 feet 5 feet Pro osed 5 feet 5 feet 32 feet The proposed building meets all required minimum setbacks, but the proposed parking encroaches into the required 20 foot setback from Blue Gentian Road and TH 55. Further comments concerning setback Variances are addressed in the Variance section of this report. Building height: The Zoning Ordinance permits buildings up to 45 feet in height within the BP zoning district. The proposed restaurant is 17 feet in height. Green Area: A maximum of 25 percent of the lot must be green area, according to the Zoning Ordinance. The site plan indicates that 25 percent of the site is proposed to be /35 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 5 green. Staff is concerned with the accuracy of this percentage and would like square footage of area in addition to percent. Building Coverage: City Code permits 20 percent of the site to be covered with buildings. The site plan indicates that approximately 10.5 percent of the site is proposed to be covered with the building. Conditional Use Permit FindinQS -The use appears to be designed to be compatible in appearance with the intended character of the general vicinity, and the site is served adequately by essential public facilities and services. However, some aspects of the site plan are not harmonious with the specific objectives of the City Code and the site appears to be overdeveloped, based upon the type of requested Variances. ArchitectureBuilding_Design -The Zoning Ordinance requires major exterior surfaces of all primary structures within the BP zoning district to be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. A maximum of 15 percent of any wall surface maybe constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. Roofs shall be commercial grade asphalt or wood shingles, standing seam metal, slate, the or copper. The restaurant is proposed to be a one-story, 6,000 square foot building. Proposed exterior materials include rough sawn lap siding, vinyl siding, and cultured stone in neutral colors with a burgundy standing seam metal roof. Proposed exterior wall materials do not comply with the architectural standards in the BP zoning district, so the elevation plans will have to be revised to incorporate permitted materials. Standing seam metal is appropriate for the roof material in this zoning district. Elevation plans indicate that the north, south and west elevations exhibit appropriate mix of windows. An elevation plan for the east elevation was not submitted with the plans. Staff recommends that the east elevation utilize the same materials and have the same architectural interest as the three other sides. Landscaping - The landscape plan is not acceptable. The Zoning Ordinance requires all parking areas to be screened from all streets with the use of berms, walls, fences, and landscaping. Such screens shall be solid and a minimum of three feet in height. The landscape plan indicates that understory and overstory deciduous trees are proposed to be planted between the public rights-of- way and parking, which will not provide the required screening. The landscape plan shall be revised to provide 100 percent screening of the parking. The Zoning Ordinance requires plant material to equal three percent of the value of the building. Based upon the plant schedule it does not appear as though the amount of plantings comply with this ordinance provision. Additional overstory and coniferous trees shall be planted on the site to comply with this minimum requirement. /36 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 6 Parkin - A minimum of one parking space for each three seats is required for restaurants. The site plan indicates that the restaurant is proposed to hold 204 seats. Thus, the use is required to provide a minimum 68 parking stalls. The site plan indicates that 68 stalls are proposed. Proposed parking stalls are 9 feet in width by 18 feet in depth. The Zoning Ordinance requires stalls to be 10 feet by 19 feet. Further comments concerning this request are presented in the Variance portion of this report. The proposed parking stalls to the west and south of the proposed building appear awkward. To the west, it appears as though there will be a conflict with vehicle bumper overhang and at least one of the stalls should be eliminated from the plan. The two parking stalls to the south, adjacent to the ramp, are awkwardly configured and may pose a problem for exiting. Staff recommends that the parking layout be revised to address the aforementioned concerns. Trash Enclosure -The Zoning Ordinance requires that a trash enclosure be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and meet principal structure setbacks, which are 40 feet in the BP zoning district. A detached trash enclosure is proposed on the site plan that meets the minimum required setback, but an elevation was not submitted. Siena e -Elevation plans indicate that wall signage is proposed on the north, south, and west elevations of the building. The Sign Ordinance permits a maximum of three wall signs distributed on up to two building elevations. Therefore, signage will be limited to two elevations. Staff recommends that wall signage be permitted on the south and west elevations. The site and exterior elevation plans indicate that a pylon sign 60 feet in height is proposed on the property. The Sign Ordinance considers any freestanding signage over seven feet in height a pylon sign, and pylon signs are specifically prohibited within the BP zoning district. Lighting -Any lighting used to illuminate anoff-street parking area shall be shaded as to direct light away from adjoining property and away from abutting traffic. The lighting plan indicates that nine light fixtures on poles are proposed to illuminate parking. The height of the poles is not noted on the plans; however, the Zoning Ordinance does not indicate a minimum or maximum height. Staff considers one footcandle to be an appropriate level of illumination at the property line and it appears as though the plan complies with that level. - Mechanical Equipment -Ground-mounted mechanical equipment is not noted on the plans. All mechanical equipment is required to be screened from view in the BP zoning district. Gradin -The preliminary grading plan is acceptable. The site was graded previously with the overall Spectrum Addition development. /3 ~ Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 7 Storm Drainage - The preliminary storm drainage plan is acceptable. Storm sewer of sufficient size, depth and capacity was constructed with the recent Blue Gentian and Blue Water Road projects for connection and use by the proposed restaurant on Lot 1. Wetlands- There are no wetland issues associated with this development. Access/Street Design - Public street access is available to Blue Gentian Road to the north via direct driveway access and a private shazed service drive with Lot 2, Spectrum Addition in the northeast corner of the property. The developer should provide evidence of private ingress/egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services of sufficient size, depth and capacity were constructed with the Blue Gentian and Blue Water Road projects for use by development of Lot 1. Easements/Rights of Way/ Permits - The developer shall provide evidence of private ingress/egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. Tree Preservation - Tree preservation was addressed at the time of Subdivision for the Spectrum Business Center. Parks and Recreation -This development will be responsible for a cash park dedication and a cash trail dedication, payable at the time of building permit at the rate then in effect. Airport Noise Consideration - The City of Eagan considered airport noise a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 3. Within this zone commercial uses are considered provisional, which means that such land uses must comply with certain structural performance standards to be acceptable according to MS 473.192. Structures shall be acoustically constructed so as to achieve the interior sound level of SOdBA. II. Variances The applicant is requesting a Variance from the 10 foot by 19 foot minimum pazking stall dimensional requirements. All pazking stalls are proposed to be nine feet in width and 18 feet in depth. The proposal meets the minimum number of pazking stalls required by the Zoning Ordinance for restaurants. The Zoning Ordinance states that relief may be granted from a required ordinance provision provided that (1) there aze special conditions that apply to the subject land, (2) the relief is not /38 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 8 contrary to the Zoning Ordinance and Comprehensive Guide Plan, and (3) it is necessary to alleviate a demonstrable hazdship or difficulty. Applicant's Estimate of Hardship "The applicant has supplied 100% of the land under the Blue Gentian Road running from STH 55 to Blue Water Road, as opposed to the normal practice of each contiguous property owner supplying 50% of the land under a proposed new road. Lot 1 totaled approximately 2.024 acres at the time the applicant acquired the property. Since the improvement of the new portion of Blue Gentian Road, the new acreage of the site has been reduced to approximately 1.41 acres. The City of Eagan has already approved a variance request allowing for Lot 1 to be a commercial site under the Business Park zone, given that the minimum allowable parcel size is 1.5 acres." "The accommodation of the property owners on Blue Gentian Circle placed some unexpected development constraints on this commercial corner. A hardship was placed on the applicant, making the development of this land parcel to its highest and best use as afull-service restaurant much more difficult." Parking Stall Width and Depth It is appropriate to grant relief from a required ordinance provision if there are special conditions that apply to the subject site that make construction of a reasonable use difficult. Special conditions may include topography, natural features, and lot configuration or area. The applicant was the developer of Spectrum Business Park and was aware of the development constraints of the site. During Subdivision approval, a Variance was granted to allow Lot 1 to be less than 1.5 acres, the minimum lot area with the BP zoning district. The applicant is requesting an additional Variance to allow narrower parking stalls required by ordinance. The property does not appear unique and any such special conditions mentioned seem to be self created, since the applicant designed the lot configuration. A Variance from the parking stall dimensional requirements appeazs to be contrary to the intent of the Comprehensive Guide Plan and Zoning Ordinance, particularly for a high turn over use as a restaurant. It appears the applicant can construct a reasonable use on the property without relief from the City Code. Staff suggests the request for the parking stall dimension Variance will result in an over development of the property. Pazkin~ Setback As previously mentioned, the site is not unique and the original Subdivision created any perceived special conditions. A smaller restaurant can be constructed on the property without Variances. /39 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 9 The requested Variance from the minimum required setback is inconsistent with the intent of the Zoning Ordinance. The purpose of setbacks is to provide pervious surface, snow storage on private property, and adequate space for required landscaping/screening for the parking from public rights-of--way. Permitting parking to encroach 15 feet into a required 20 foot setback is contrary to the intent of the Zoning Ordinance. SUMMARY/CONCLUSION Spectrum Investment Group is requesting a Conditional Use Permit to operate a class I restaurant, a Conditional Use Permit for on-sale liquor, a Variance to allow parking stalls smaller than required by ordinance, and a Variance to allow a parking setback less than ordinance requirements. The proposed class I restaurant with on-sale liquor appears to be an appropriate use for the area and zoning district, however, the site plan does not comply with some provisions of the Zoning Ordinance. The site plan indicates issues with landscaping and building materials. The condition upon which the Variances appears to be based is applicable to other properties within the BP zoning district. This property does not exhibit a unique or special feature that would require or warrant relief from City ordinances. The requested Variances from minimum parking stall dimensions and parking setbacks will continue a pattern of City Code deviations established with the original development of the Spectrum Commerce Center that received similar Variances as those presently requested. Also, the City granted a Variance to allow the subject lot to be created at less than the minimum BP requirement. This situation was exacerbated when the developer encumbered the east edge of the subject lot with a ramp to serve Lot 2. A determination regarding the appropriateness of a Conditional Use Permit for the class I restaurant and on-sale liquor and relief from the City Code is considered a policy matter to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to operate a class I restaurant, a Conditional Use Permit to serve on-sale liquor, a Variance to allow 9 foot by 18 foot parking stalls, and a 15 foot Variance from the required 20 foot parking setback from Blue Gentian Road and TH 55 on property zoned BP (Business Park) located at 1030 Blue Gentian Road (Lot 1, Block 1, Spectrum Business Park) north of TH 55 in the NW '/< of Section 2. If approved the following conditions should apply: The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. /5'0 Planning Report- Spectrum CUP - Class I Restaurant August 22, 2002 Page 10 2. All wall and freestanding signage shall comply with applicable provisions of the City Code. Wall signage shall be limited to the south and west elevations of the building. 4. The trash enclosure shall be constructed of the same materials utilized on the restaurant and shall comply with applicable provisions of the Zoning Ordinance. All wall and pole mounted light fixtures shall be shielded so as to reduce glare. 6. The applicant shall provide the total green area on the site plan, in addition to the percentage. 7. Parking lot design shall be revised to avoid conflicts with vehicle storage and maneuvering. S. All mechanical equipment shall be completely screened from public rights-of--way. 9. Structures shall be acoustically constructed so as to achieve the interior sound level of SOdBA. 10. Architectural elevation plans shall be revised to incorporate the following: a. The same building materials and windows shall be utilized on all elevations of the building. b. No more than 15 percent of any wail surface on each elevation shall be constructed of vinyl or wood. 11. The landscape plan shall be revised to incorporate the following: c. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. d. Screening, including shrubs and berming, shall be installed along Blue Gentian Road and TH 55, as required by the Zoning Ordinance. e. Astate-registered landscape architect or state-certified nurseryperson shall prepare the landscape plan. 12. The developer shall provide evidence of private ingress/ egress easements between Lots 1 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 1. / 5`/ FINANCIAL OBLIGATION --02-CU-13-07-02, Lot 1, Block 1, Spectrum Business Park, Class I, Restaurant There are pay-off balances of special assessments totaling $34,322 on the parcel for which the conditional use permit is requested. At this time, there aze pending assessments estimated at $32,376 on the pazcel for which the conditional use permit is requested. The pending assessments are related to Project 809, which was a condition for approval of the subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Chazges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT None USE RATE QUANTITY AMOUNT $0.00 TOTAL /yam $0.00 Location Map -. ii r~r; \~ ~ ~~~ ~~~ v -'~~ ---~ Sub'ect _.___i __._..---_.._-~ ~ *~~ , ~~,. ,, ~~ `. ~~ `, ~~ ~ t ~~ ,~ t 6 f ~" ,r n ~ ~y~' \j ~ l r 6 ~~" ~ ~ ~~ ~~ ~.~~ e y w .,, t i`L~ e '~ ~ I Eayan Boundary /~ / street cantariina Ir_~J Pareol Ana ~ Buildlnp Footprint ' Me11OO tlei nts -~ i aW..-_. { a ~ ~ ? .D ,._~F-'g • °° } ~ F t ¢ • ~'^ ~. `~?t `~ ~ i ,,\ ~ '` =- , ~\ \ ~ \, ; _ ~ / ». , ~J ~ .~\ ~ ., ~ ® ~ ~ c ~: , t ~+ ~, , ~ . ~`` ,.r' ~~ 4 ~ ~r •. ~ r 9 ~pti ~ ~"' "~p. {, ~ ~ _ ~ ~'~ ~/- ~ ~ i ~~ ® ~ ej ..~ ,~ ~ ®, ~. 1000 0 1000 2000 Feet Development/Developer: Spectrum - Restaura Application: Conditional Use P it Case No.: 02-CU-13-07-02 / ~3 ' N wv v~.vr.a wxw ~ nrrvrw ~.~. P.~ wu m:s ~a ws o: M aroma ~ u~a aw"er.awr~ W E Lilt of Ea an TNIS NIAP If INTENDED FOR REFERENCE u3E ONLY M. ~ N y E S 0 7 a~ Tiro City of Easan arM Dakota t:ouMY do not ywnMee the aeeuney of this Infonnatlon and an g pwMw~~Y r ~~~ aet naponelble for enora or ondsalons. Current Zoning and Comprehensive Guide Plan Spectrum Land Use Map Case No. o2-CU-~3-o7-02 Zoning Map R- C BP A e Current Zoning: " BP BP BP Business Park O I-~ ~'~r ~ vh k~ ~ PD I.~ ~ BP 000 0 000 +seo r»~ Comprehensive Guide Plan Land Use Map x Current Land Use Designation: sA O sA BP Business Park ~ r SA l IND ?~~~ t'ht ~ ~O iND ' as 000 0 000 +a0e r..t Y -areel lane nny tat tlen'revire~ eta Cweq t,aM wrOY oa~aitaw~ AMM too=. N flew a~aMealaM NyCNtr fta1L City of Eagan ~ W E Community Deve/opmer-t Department TFIIS MAP IE INTENDED POR REFERENCE IJSE ONLY Tha Gty tN Eagan and Dt0kota t:ov+ty du ntrt yuarantia tM aeettraey d this IMot0natlon. S t I~i:.11J.]U 1;~ 1 Ili V e N, ~ / =:±r ~~ ~, ~~ ~~ ~11 :~_....w_._.., I O~G wrtr7e N11 i~K ~~ t Tt M~Ot10 lwlwroD~)0 wryUlri ~ t a.e ~ 3~~~ao s.x~ool It E~ tl~ ef` ~~''~' i : ~ ~, ( /i i~'~!;,~~~. ~ U ~ 9 .es ~ ;;;; `4~` ~~ ~• .'. yyo~W wa`, O~~Q `W ~ ~~~~ Y$ o ~~ £ ~~ E o u~ ~ g~ r ~~ ,~ ~_ ~ t i ~- _ ! i I __ ~ c ~~ ~ _-_ _ ~~ ;r!F ~ -~ - ,-~ / ~. ins J Z J `c ~ o n r ~_~ _ ~'^.~ ~ ~ 2 ~/ SITE PLAN -, -. Nd~d ~dd~SaNd~ ~ ~ ~~~ I .~ gfi/ G \ J ~ E `. ~~ °_~ ~% K ~/ ~~ ,~ ~ - . ,\ ' ~ %/ ~~ s i~ - ~"~X ~~ ~~ ~~ ~ ~x w ~ ,_ ~K,, ~/ ~ =y s =a , 'F ~~ ^ k,.,t, , ,~y` _~~ T - E F ~ F n ~ j t 3 ~ f~ F y K ' ` s T 1. 'TT ~ V ~ ~ ~ M L. tF \g~Q~' ~~ . r _~ ~[ F 11 ~ sir. ~;t F _~ ~ F~ ~` ~• 1-~o~3n3o ~r~san-d, t~0~~1.~~ ,....,,,. ,e...,.~. mss r.~~saa ~ ~«~~aaNr~a m'~nO~D 1r0-wo3n~a wnYL~3d5 1NV~lfri153b N1")V3 M~1V ~' i ,mom ~ ~ 1N(lOnd2ldd »-r~~ ~~ 3 ~~ ~~~! ~, ~, '~~~ ~;~ \' 'io \~`. ~~ ~~ e~ ~~ ~~ - - ---~ / } ~~ `~~np ~+1vixa E~ i sf / f it i :. ~i . i ii E~ / / ' ~~ 1 // :~, "r , .ate^~•~0.~~ /. ~ i i i i , i i ~ .~_ ~ , iii ~ ` ; ~~+ '` ~~ ~ 4~ ~~ ~n~ -Y'---- ~' ''' _ `-- q ~ , ~ f ~ ' , °. ~ ~ O ;. '! ~ 1~ 0 .A-~ ~~` ' • `~_ IY~ ~~~ / / ;' / i/ ~ ~ / / - --,~ i _. i / ~ f~ ~/ r .~' r ~'/ ~- ~ •, , ;' ~,, ,'/ :,' Y -/ I ~ '/ t ,'/ '„ / / ~- ;' / / y ~/ t /~ ~ / ' ~ / ~. r ~ i i// ~ / // // ~/ ' ~ ';%/ ~/ ~/ ,~// GRADING PLAN Nd~d JNIIHJI~ `!/~9l~/ -:~ ~j -- -- : ~ ~ .;: ,~ ~. .\ ~i ~ ~~ 1 I t t ! '` tiiii' II' 'pit{ I~; I ~! f~ i t _ ~ Spectrum Commerce Center o_ ~~ ~ >rww i tirow~ -c .~.~, ~ AIrJIS3Q i ~~~~ w~.~~wr.r.w~ twottvnrn ~ ; ., •lOS7~•~• .. ~. Q~d M11IM 7~ 1n1~ l •~ •~~•~ - 1 ~ ~ J^ ~ Lw7w~0 •]NC ~• ~ 1 m s ~ z,;i•ool ili ~ti ` r i N ~~~ li~~ E ~ ~_ - - - `. ~[ ~`- _ t` ~ p. ep% ~1 - - t-= _- 4i :: _ 'i C L L S - -1 .r i 0 ~~ - ~ ~~~ ..J 14~\ -,~.~~.~ /" ~ ~ ~ I ~_ ' y; t.: £: '. •: s~6»;' ~- a3 ~}~•,: :_ ~S qi pi ~~ ~ ~ i ` -. I PROPOSED ELEVATIONS INTRODUCTION` -FULL SERVICE RESTAURANT This project narrative is being submitted on behalf of Spectrum Investment Group, LLC. a iVtinnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant"), for the development of a full service restaurant. The restaurant will be located on a 1.41 acre site at the southeast corner of the intersection of STH 55 and Lexington AvenueBlue Gentian Road, continuous to the Spectrum Commerce Center. This site has been selected based upon the location and visibility of the parcel, the consistency of the proposed land use with the City's existing land use guidelines and the strong demand for a full service restaurant in this northeastern portion of the city of Eagan; demand that is grossly underserved at the present time. .a detailed description of the project and its elements is contained in this narrative and in the materials attached to the application. The materials in this submittal include: • Application Form • Certified ~lailinQ List • Escrow Deposit Agreement • Project Plans • Boundary Survey/Existing Conditions • Site La~~out • Buildine Plans/Elevations • Exterior Lighting Plan • Grading/Drainage/Erosion Control Plan • General Utility & Street Plan • Landscape Plan • Tree Preservation Plan • Water Quality Requirements • Wetlands Inventory/Replacement Plan /5 d NARRATIVES PROJECT DESCRIPTION AND PROPOSED USE Restaurant -Lot l There is an incredible pent-up demand for afull-service restaurant in tl~e Grand Oak/ Spectrum area of Northeast Eagan. Specifically, one of our major tenants, Pan Am International Flight Academy ("Pan Am" which presently has six flight simulator bays, with the potential for two more in Phase [I will be training between 300 and 500 students per day. Pan Am also manages tl~e ?3 simulators at the NATCO facility located on the Northwest Airlines corporate headquarters campus. None of these pilots have any decent options for a good meal. W'itl~ tl~e exception of some "fast food" restaurants, the only alternatives for a quality breakfast, lunch or dinner are at least afifteen-minute drive away. The Pan Am situation is only one of many companies that are moving their offices to this part of town, and are turning this area of Northeast Eagan into a densely populated office center. The restaurant concept that is proposed is a "Grill & Bar" facility that will either be open from 6 A.IV1. to 2 A.M., or 24/7. The viability of the extended hours is yet to be determined. Breakfast will be served from 6 A.ht. to 11 A.M. Lunch/Dinner will be served between 1 1 A.M. and 10 P.Ivt. A select number of breakfast items will be served throughout the dav. If it is deemed appropriate that the restaurant be operated throughout the night, a 3`d menu will be created that will include a limited number of items from the Lunch/Dinner menu, with a stronger focus on Breakfast-type offerings. The Bar will naturally include a combination of mid to higher-end spirits, various bottled and tap beers, as well as a good, yet realistic variety of wines. Appetizers will be an important offering to compliment the beverages as well as apre-entree for Dinners. The emphasis will be on building a great reputation for the quality, quantity and value for all of the items offered at this establishment. The restaurant building will be approximately ~.~00 to 6,000 square feet and will be located on the southern portion of the site, backing up to the retaining wall supporting the ramped access to the second level parking of the Spectrum Commerce Center. Please see t1~e Concept Site Plan and the Concept Elevations in the enclosed submittal. The restaurant interior plan includes seating for 204 customers. The City's parking space requirement calls for one parking space for every three seats, or a requirement of 68 parking spaces. This plan provides 76 parking spaces; 8 more than required. However, if necessary, overtlow parking can be provided in the adjacent, 2"d level parking of the Spectrum Commerce Center. Access -Lot 1 Tl~e restaurant will have one access point directly off of Blue Gentian Road, which forms the northern boundary of the land parcel. A secondary access point will be available off the ramped access to the second level parking area in the Spectrum Commerce Center. All project access must come off Blue Gentian Road in that no curb cuts are allowed off State Highway 55. Please see the Concept Site Plan in the Plan Set. Setback Variance -Lot I A Setback Variance will be required on the order of the setback variance that was approved for Lot 2 (Spectrum Commerce Center). /5/ CONCLUSION The City's use of the Business Park (BP) zone in the Grand Oak/Spectrum area of Northeast Eagan creates a planning model for the synergistic interaction of not only office, office/warehouse and warehouse use, but also for the aforementioned to interact with restaurants, hospitality and limited retail. This zoning classification is a catalyst for the creation of a symbiotic organism that allows for one property to feed off a connected property. The Spectrum Commerce Center tenants support both the restaurant and tl~e hotel, and vice-versa. However, strong market forces are also at work here. The Commerce Center is supplying airport related businesses large, unobstructed blocks of secure (100% concrete construction) space that is within 5 minutes of the 7`~' busiest airport in the country. The "Grill and Bar" and the "Spectrum Suites" are also meeting a strong demand for food and lodging in Northeast Eagan that presently is not being served. Both the restaurant and the hotel are sorely needed in the area. isa /? VARIANCE REQUEST SETBACK FROti1 STATE HIGHWAY SSBLUE GENTIAN ROAD LOT 1 -RESTAURANT EAGAN, MINNESOTA This narrative fora Variance Request is being submitted on behalf of Spectrum Investment Group, LLC, a Minnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant"). The Applicant is requesting a variance from the City of Eagan's parking setback requirement under the Business Park zone of 20 feet from a public street. The proposed setbacks on the submitted site plan for the restaurant are: Five Feet from the face of the curb to the property line along Highway 55 Five Feet from the face of the curb to the property line Along Blue Gentian Road Tl1e Applicant has supplied 100% of the land under Blue Gentian Road running from STH >j to Blue Water Road, as opposed to the normal practice of each contiguous property owner supplying ~0% of the land under a proposed new road. This was done to accommodate the contiguous single-family residential property owners to the north, along Blue Gentian Circle. Lot 1 totaled approximately 2.024 acres at the time the Applicant acquired the property. Since the improvement of the new portion of Blue Gentian Road, the net acreage of the site has been reduced to approximately 1.41 acres. The City of Eagan has already approved a variance request allowing for Lot 1 to be a commercial site under the Business Park zone, given that the minimum allowable parcel size is 1.5 acres. This accommodation of the property owners on Blue Gentian Circle placed some unexpected development constraints on this commercial corner. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as afull-service restaurant much more difficult. X53 VARIANCE REQUEST PARKING SPACE SIZE -LOT 1 TODAY' S GRILLE & BAR RESTAURANT EAGAN, MINNESOTA This narrative for a Variance Request is being submitted on behalf of Spectrum Investment Group, LLC, a Minnesota limited liability company ("the Applicant"). The Applicant is requesting a vaziance for the City of Eagan's parking space size requirement of 10 feet X 19 feet. The proposed site plan for the restaurant delineates a parking space size of: 9 Feet X 18 Feet The applicant has supplied 100 % of the land under Blue Gentian Road running from STH ~~ to Blue Water Road, as opposed to the normal practice of each contiguous property owner supplying ~0% of the land under a proposed new road. This was done to accommodate the contiguous single-family residential property owners to the north along Blue Gentian Circle. Lot 1 totaled approximately 2.024 acres at the time the Applicant acquired the property. Since the improvement of the new portion of Blue Gentian Road, the net acreage of the site has been reduced to approximately 1.41 acres. The City of Eagan has already approved a variance request allowing for Lot 1 to be a commercial site under the Business Park zone, given that the minimum allowable parcel size 1.5 acres. Due to the strong pent-up demand for a restaurant, coming not only from the tenants of the Spectrum Commerce Center, but also from other companies in the Grand Oak Business Park and surrounding commercial buildings. Spectrum Development Group, LLC is pursuing the development of a restaurant on Lot 1 of the Spectrum Business Park. The accommodation of the property owners on Blue Gentian Circle placed some unexpected development constraints on this commercial corner. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as afull-service restaurant much more difficult. /55' Agenda Information Memo September 3, 2002, Eagan City Council C. CONDITIONAL USE PERMIT -SPECTRUM INVESTMENT GROUP, LLC ACTION TO BE CONSIDERED: To approve the following requests on property located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park in the NW '/4 of Section 2, subject to the conditions listed in the APC minutes: • A Conditional Use Permit to operate a hotel. • A Variance to allow 9' x 19' parking stalls. • A 15-foot parking setback Variance from TH-55. • A 5-foot parking setback Variance from Blue Water Road. FACTS: • The property is zoned BP, Business Park. The site was platted in 2000. • The applicant is proposing to develop afive-story, 78-room extended stay hotel, which is a conditional use in the BP zoning district. Access is proposed from Blue Water Road. • The proposed hotel use appears to be consistent with the zoning district and adjacent uses. • The five-story building height requires increased structure setbacks, which are satisfied. • The site plan has some issues and will require modifications regarding the amount of landscaping and screening, number of parking stalls, and location and height of the trash enclosure, etc. • The proposed site plan includes Variances for parking setbacks and parking stall size. The subject site does not appear to exhibit special conditions that warrant relief from City Codes. • The requested Variances continue a pattern of parking deviations in this development. Similar Variances were granted in 2001 for the initial building phase on Lot 2 for the Spectrum Commerce Center building. • The Advisory Planning Commission held a public hearing on August 27, 2002, and recommended approval of the Conditional Use Permit. No recommendation was made on the proposed Variances, however, the APC's comments on the Variance requests are reflected in the minutes. ISSUES: Much discussion occurred regarding the appropriateness of the Variances being requested. • Certain members of the Commission believed a precedent had been set due to the variances granted on Lot 2 and that the City should not be "micro-managing" local businesses. /Ss • Certain members believed the applicant's hardship was, in fact, brought about by the applicant with the original subdivision of the property and that it was not appropriate for the developer to now seek relief from a situation that they created back in 2000. Suggested remedies included reducing the size of the building so that all setback and parking stall dimensions could be met or meet all setback and parking stall dimensions and request a variance to the number of parking stalls required. ATTACHMENTS (2): August 27, 2002, APC Minutes, pa es ~ through ~7 Staff Report, pages ~~ through , /56 B. CONDITIONAL USE PERMIT & VARIANCES - SPECTRUM INVESTMENT GROUP A Conditional Use Permit to allow operation of a 77 room hotel in a Business Park zoning district, a Variance to allow nine foot wide parking stalls and a Variance to allow a five foot setback from a street for parking on Lot 3, Block 1, Spectrum Business Pazk, located at 2775 Blue Water Road in the NW '/4 of Section 2. ' Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 22, 2002. He noted the background and history. 4- ``'.~' ~~- Mr. Rice addressed this item, explained the need for hotel services to accommodate the neighboring businesses and expla~l reasoning for hardship. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Bendt stated the amount of parking should not be considered as a driving force in the approval of the variances. Member Segal moved, Member Bendt seconded a motion to approve the Conditional Use Permit to allow operation of a 77 room hotel in a Business Park zoning district on Lot 3, Block 1, Spectrum Business Park, located at 2775 Blue Water Road in the NW '/4 of Section 2 subject to the following conditions: 1. The Conditional Use Permit shall`reoorded at the Dakota County Recorder's Office within 60 days of approval;. 2. All wall and freestanding signage,shall comply with applicable provisions of the City Code. k;; ~. 3. The trash enclosure shall comply with al~npplicable provisions of the Zoning Ordinance, including minimum se"~back, minimum height, and material standards. "'' 4. An additional material, such as brick`or stone, shall be incorporated into exterior elevation plan as an accent. 5. The same building materials and windows shall be utilized on all elevations of the building. 6. The landscape plan shall be revise fn incorporate the following: /s7 a. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. b. Screening, including shrubs and benming, shall be installed along Blue Gentian Road and TH 55 to screen the parking, as required by the Zoning Ordinance. c. The landscape plan shall be prepared by astate-registered landscape architect or state-certified nurseryperson. d. A landscape screen shall be planted around ground mounted mechanical equipment. 7. All wall and pole mounted light fixtures shall be shield so as to reduce glare. 8. Structures shall be acoustically constructed so as to achieve the interior sound level of SOdBA. 9. The developer shall provide evidence of private ingress/ egress easements between Lots 3 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. Chair Huusko stated a hardship has not been demonstrated. He stated the size of the hotel is the hardship that is preventing adequate parking and setbacks and, further, that the size of the hotel can be reduced. He stated he would vote against the approval of the proposal. Member Gladhill stated the size of the hotel is excessive. Member Bendt stated that the City should accommodate Eagan businesses. He explained that the property was manipulated in the beginning of development for City benefit, now the plan will not work. Mr. Rice explained that cooperating with the-.City created the hardship. Mr. Morphew stated the need for tl~e ~hote~_s present and explained surrounding business's needs. ~ ~- Chair Huusko explained that the City `financially compensated the applicant for the pond area. He stated the applicant's ~estimony confirms that the proposed 77 room hotel would not fill the entire need for hotel services as described and therefore, the size could be reduced. He stated that, again, the developer's hardship was self- created when they designed the subdivision that was approved in 2000 and that he could not support the variance requests. ~::~. A vote was taken. t Aye: Members Stackhouse, Kaess, B~dt and Segal. _.. ~.. /Sg Nay: Chair Huusko and Gladhill. Steininger abstained from voting on this item. Motion carried 4-2. The Commission stated the reasons for voting are the same as Public Hearing A. ~. ~.-. ~. ,. /59 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2002 CASES: 02-CU-14-07-02 02-VA-20-07-02 02-VA-21-07-02 APPLICANT: Spectrum Investment Group, LLC HEARING DATE: August 27, 2002 PROPERTY OWNER: Same REQUESTS: Conditional Use Permit and Variances APPLICATION DATE: July 31, 2002 PREPARED BY: Cynthia R. Kirchoff LOCATION: 2775 Blue Water Road (Lot 3, Block 1, Spectrum Business Park) COMPREHENSIVE PLAN: SA, Special Area ZONING: BP, Business Park SUMMARY OF REQUEST Spectrum Investment Group, LLC is requesting a Conditional Use Permit to operate a hotel, a Variance to allow 9 foot by 19 foot pazking stalls, a 15 foot Variance from the required 20 foot parking setback from TH 55, and a 5 foot Variance from the required 20 foot setback from Blue Water Road on property zoned BP (Business Pazk) located at Lot 3, Block 1, Spectrum Business Park in the NW '/4 of Section 2. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.20, Subdivision 19C allows hotels as a Conditional Use in the BP (Business Park) zoning district. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfaze of the neighborhood or the City. /60 Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 2 B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance City Code Chapter 1 1, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards only if: 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY /6/ Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 3 The subject site was platted as Lot 3, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included the subject site. In the 2001 update of the original AUAR, the development assumption for this property was a 62 room hotel. Since the applicant is proposing a 77 room hotel, the City's consultant has reevaluated the traffic impacts associated with the more intense use. EXISTING CONDITIONS Topography is relatively flat, however, there are three knolls in the center on the site. Elevations range from 856 on the north to 860 on the south. A regional water quality pond is located on the north portion of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround Lot 3, Block 1, Spectrum Business Park: Existin Use Zonin Land Use Desi nation 1~lorth Warehouse BP, Business Park SA, S ecial Area South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial West Office; Parkin BP, Business Park SA, S ecial Area East Warehouse BP, Business Park SA, S ecial Area EVALUATION OF REQUEST Proposal -The applicant is requesting a Conditional Use Permit to operate a hotel on property zoned BP (Business Park). The Zoning Ordinance permits hotels as a Conditional Use within this zoning district. According to the applicant's narrative, the proposal is "a limited service, extended stay hotel that will number 77 rooms. The 5-story structure will be 100% concrete construction and will be aimed directly at the student pilots undergoing training at the Pan Am International Flight Academy, one of the major tenants of the Spectrum Commerce Center... Pan Am's facility at the Spectrum Commerce Center alone generates an annual demand of 65 rooms." In conjunction with the Conditional Use Permit, the applicant is also requesting a Variance to allow nine foot wide parking stalls, a Variance to allow a five foot parking setback along TH 55, and a Variance to allow a 15 foot setback along Blue Water Road. Compatibility with Surrounding Area - Surrounding properties are zoned BP (Business Park), which provides for "low intensity office, light industrial and supporting commercial services~that maybe suitable in relative close proximity to nonindustrial development." Although properties to the north are currently single family dwellings, they are designated as BP (Business Park) in the Comprehensive Guide Plan. The Comprehensive Guide Plan provides the BP (Business Park) land use designation "to accommodate a mix of professional offices, research and /6a Planning Repoli- Spectn-m CUP -Hotel August 22, 2002 Page 4 development facilities, and light industrial uses as well as some support services. Corporate office buildings, office-warehouse, office-showroom, research and development facilities, restaurants and hotels are examples of uses." The proposed hotel appears to be consistent with the intent of the Zoning Ordinance and adjacent uses. Site Plan - The applicant proposes to construct a five story, 77 room hotel. Access is proposed from Blue Water Road. Overall, it appears as though the size of the hotel is too large for the site because of the requested Variances. Setbacks: Minimum required building and parking setbacks are compared to the proposal in the following table: Front Yard Blue Water Rd. Front Yard TH 55 Side Yards Building Ordinance Minimum 45 feet 55 feet 25 feet Pro osed 45 feet 61 feet 72.5 feet Parking Ordinance Minimum 20 feet 20 feet 5 feet Pro osed 15 feet 5 feet 5 feet As noted in the table, the proposal does not comply with required parking setbacks along Blue Water Road and TH 55. Further comments regarding the Variances are located in the Variance section of this report. Building height: The Zoning Ordinance permits buildings up to 45 feet in height (or four stories) within the BP zoning district. The proposed hotel is 54 feet in height (or five stories). City Code allows the maximum to be increased provided an additional building setback is maintained. The setbacks shall be increased from the standard setback requirements by five feet per story on the front, side and rear yards until the maximum required setback of 60 feet has been obtained. The site plan indicates that all required minimum building setbacks are met. Green Area: A maximum of 25 percent of the lot must be green area, which includes sodded areas. The site plan indicates that 28,300 square feet or 37.5 percent of the site is proposed to be sodded or landscaped. Building Coverage: City Code permits 20 percent of the site.to be covered with buildings. The site plan indicates that 15.2 percent is proposed to be covered with the hotel. Conditional Use Permit FindinQS - The use appears to be designed to be compatible in appearance with the intended character of the general vicinity. The site is served adequately by essential public facilities and services. However, some aspects of the site plan are not harmonious with the specific objectives of the City Code and the site appears to be overdeveloped, based upon the type of requested Variances. /63 Planning Report- Spectrum CL~ -Hotel August 22, 2002 Page 5 Architecture/Buildin~ Design - The Zoning Ordinance requires major exterior surfaces of all primary structures within the BP zoning district to be constructed of face brick, stone, glass, stucco, synthetic stucco, architectural concrete, cast in place or precast panels, or decorative block. A maximum of 15 percent of any wall surface maybe constructed of wood, vinyl, or metal, as accent materials, provided they are appropriately integrated into the overall building design. Roofs shall be constructed of commercial grade asphalt or wood shingles, standing seam metal, slate, the or copper. The hotel is proposed to be a five story, 77 room extended stay hotel. EFIS in the colors of white, beige, and tan is proposed to be the primary exterior finish material, and green asphalt shingles are proposed to cover the pitched roof. False balconies and colored accent bands are proposed to give the building architectural interest. Only two elevation plans were provided for review, so a condition of approval is that the same building materials are utilized on all elevations. The proposed five story building will have a major presence along TH 55, so staff recommends that another material be incorporated into the exterior elevations as an accent, such as brick or stone. Landscaping - The landscape plan is unacceptable. The Zoning Ordinance requires all parking areas to be screened from all streets with the use of berms, walls, fences, and landscaping. Such screens shall be solid and a minimum of three feet in height. The landscape plan indicates overstory trees are proposed along the property line abutting public rights-of--way, and the grading plan does not propose berming, so parking areas are not screened as required by ordinance. The plan also includes foundation plantings, such as lilac, spirea, and juniper shrubs. The Zoning Ordinance requires plant material to equal three percent of the value of the building. Based upon the plant schedule it does not appear as though the amount of plantings comply with this ordinance provision. Staff recommends that additional overstory and coniferous trees be planted on the site to comply with this minimum requirement. Parking - A.minimum of one space for each lodging room plus one additional space for each eight units shall be provided for hotels, according to the Zoning Ordinance. The hotel is proposed to house up to 77 units, so a minimum of 87 parking stalls are required. The site plan indicates that 85 stalls are proposed, thus the proposal is deficient two stalls. Proposed parking stalls are 9 feet by 19 feet. The Zoning Ordinance requires stalls to be 10 feet by 19 feet. Further comments concerning this request are presented in the Variance portion of this report. Trash Enclosure - The Zoning Ordinance requires that a trash enclosure be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and meet principal structure setbacks, which are 40 feet in the BP zoning district. The site plan indicates that a detached trash enclosure is proposed 25 feet from the property line abutting Blue Water Road, so the trash enclosure will have to be relocated. Also, the Zoning Ordinance requires enclosures to be a minimum of six feet and a maximum of eight /6j~ Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 6 feet in height. The elevation plan indicates the trash enclosure will be constructed of materials similar to the principal structure, but will only be 5.5 feet in height. Li~"htin~ - Any lighting used to illuminate an off-street parking area shall be shaded as to direct light away from adjoining property and away from abutting traffic. The lighting plan indicates that seven cut-off light fixtures mounted on poles illuminate the proposed parking lot. The height of the poles is not noted on the plans, but the Zoning Ordinance does not specify a minimum or maximum height. Staff considers one footcandle to be an appropriate level of illumination at the property line and it appears as though the plan complies with that desired level. signage - Building elevation plans indicate that wall signage is proposed on the "left" elevation of the building, which appears to be the south elevation fronting TH 55. The Sign Ordinance permits a maximum of three wall signs distributed on up to two building elevations for business signs. Therefore, signage will be limited to two elevations. The site plan indicates that a monument sign is proposed at the intersection of Blue Water Road and TH 55. The monument sign is proposed to be 5.3 feet in height. The Sign Ordinance allows freestanding monument signs to be a total seven feet in height with four feet of the height dedicated to the sign display area. All freestanding signage is required to be a minimum of 10 feet from all property lines, and it appears as though the proposed sign complies with that criterion. Mechanical Equipment - The Zoning Ordinance requires the ground level view of all mechanical utilities to be completely screened from contiguous properties and adjacent streets. The site plan indicates that mechanical equipment is proposed at grade on the northeast portion of the building. Plantings shall be placed around the equipment to provide a visual screen from Blue Water Road. Gradin -The preliminary grading plan is acceptable. The site was graded previously with the overall Spectrum Addition development. Storm Drainage -The preliminary storm drainage plan is acceptable. Storm sewer of sufficient size, depth and capacity was constructed with the Spectrum Addition development for use by the proposed hotel on Lot 1. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main services of sufficient size, depth and capacity were constructed with the Blue Gentian and Blue Water Road projects for use by development of Lot 3. Streets/ Access/ Circulation - Public street access is available via Blue Water Road to the north and east via direct driveway access and a private shared service drive with Lot 2, Spectrum Addition in the northwest corner of the property. The developer should provide evidence of private ingress/ egress easements between Lots 2 and 3, Spectrum Business Park, for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. /6s Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 7 Wetlands/Water Ouality - There are no wetland issues associated with this development. This development is located in the City's F-watershed. It is located just west of FP-l, classified as a Class V Nutrient Trap in the Eagan Water Quality Management Plan. Due to the size of the overall development of Spectrum Business Center and the extent of impervious surface, stonnwater will be treated through the regional stormwater pond located on the subject site. Easements/Rights of Way/Permits - The developer shall provide evidence of private ingress/egress easements between Lots 2 and 3, Spectrum Business Park, for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. Tree Preservation - Tree preservation was previously addressed at the time of Subdivision for Spectrum Business Center. Parks and Recreation - This development will be responsible for a cash park dedication and a cash trail dedication, payable at the time of building permit at the rate then in effect. Airport Noise Consideration - The City of Eagan considered airport noise a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 3. Within this zone commercial uses are Provisional, which means that such land uses must comply with certain structural performance standards to be acceptable according to MS 473.192. Structures shall be acoustically constructed so as to achieve the interior sound level of SOdBA. II. Variances The applicant is requesting a one foot Variance from the 10 foot width requirement for parking stalls. All parking stalls are proposed to be nine feet in width and 19 feet in depth, and the proposal is deficient two parking stalls. The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided that (1) there are special conditions that apply to the subject land, (2) the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and (3) it is necessary to alleviate a demonstrable hazdship or difficulty. Applicant's Estimate of Hazdship "The applicant has supplied 100% of the land required, and has constructed a detention pond capable of holding 12+ acre/feet of water runoff (live and dead storage) from not only the /6d Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 8 Applicant's 27 developed acres, but also a substantial portion of the developed property on the west side of the TH 55 (approximately 107 acres), and the contiguous 14 acres of land to the north (presently-single family homes on Blue Gentian Circle but slated for future office building development by McGough Construction). Lot 3 totaled approximately 3.389 acres at the time the applicant acquired the property. Since the construction of the new detention pond, the net acreage of the site has been reduced to approximately 1.71 acres. Approximately half of the original hotel site (1.68 acres) was dedicated to the construction of the detention pond." "This detention pond, which will accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a substantially larger capacity than is needed for just the 27 acre Spectrum Business Park development. Its construction has placed some unexpected development constraints on land planning this commercial corner. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as a hotel much more difficult." Parking Stall Width It is appropriate to grant relief from a required ordinance provision if there are special conditions that apply to the subject site that make construction of a reasonable use difficult. Special conditions may include topography, natural features, and lot configuration or area. The applicant was the developer of Spectrum Business Park, so they were aware of the constraints of the site. The property does not appear unique and any such special conditions mentioned were self created, when the applicant originally designed the lot configuration. A Variance from the parking stall dimensional requirement appears contrary to the intent of the Comprehensive Guide Plan and Zoning Ordinance. It appears the applicant can construct a reasonable use on the property without relief from the City Code. Spectrum was able to make a reasonable use of the site with the development of Lot 2 for the 297,000 square foot Spectrum Commerce Center. Staff suggests the request for the parking stall width Variance will result in an over development of the property. Parking Setback As previously mentioned, the site is not unique and the original Subdivision created any perceived special conditions. A smaller hotel could be constructed on the property without Variances. - The requested Variance from the minimum required setback is inconsistent with the intent of the Zoning Ordinance. The purpose of setbacks is to provide pervious surface, snow storage on private property, and adequate space for required landscaping/screening for the parking from public rights-of--way. Permitting parking to encroach 15 feet into a required 20 foot setback is contrary to the intent of the Zoning Ordinance. The site can be put to a reasonable use without the setback Variance. A smaller hotel or other use could be built on the site. The stated hardship concerning the pond was created with the /67 Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 9 original subdivision. The City financially compensated the applicant for oversizing the pond, so the applicant has received a benefit from the pond. In addition to the pond handling run-off from the Spectrum site, the applicant also realized a financial benefit as the City compensated Spectrum $39,784 for oversizing the pond. SUMMARY/CONCLUSION Spectrum Investment Group is requesting a Conditional Use Permit to operate a 77 room hotel, a Variance to allow 9 foot by 19 foot parking stalls, a Variance to allow a 5 foot parking setback along TH 55 and a Variance to allow a 15 foot setback along Blue Water Road. The proposed hotel appears to be an appropriate use for the area and zoning district, however, the site plan does not comply with some provisions of the Zoning Ordinance. The site plan has issues with amount of landscaping and screening, number of parking stalls, and location and height of the trash enclosure. Although the architecture of the hotel appears appropriate, staff recommends another materials be incorporated to break up the large expansive walls of EIFS. The condition upon which the Variances appears to be based is applicable to other properties within the BP zoning district. This property does not exhibit a unique or special feature that would require or warrant relief from City ordinances. The requested Variances from minimum parking stall dimensions and parking setbacks will continue a pattern of City Code deviations established with the original development of the Spectrum Commerce Center, which received similar relief as those requested presently. A determination regarding the appropriateness of a Conditional Use Permit for the hotel and relief from the City Code is considered a policy matter to be determined by the Advisory Planning Commission and City Council. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to operate a hotel, a Variance to allow 9 foot by 19 foot parking stalls, and a 15 foot Variance from the required 20 foot parking setback from TH 55, and a 5 foot Variance from the required 20 foot parking setback from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in the NW '/o of Section 2. If approved the following conditions should apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. All wall and freestanding signage shall comply with applicable provisions of the City Code. 3. The trash enclosure shall comply with all applicable provisions of the Zoning. Ordinance, including minimum setback, minimum height, and material standards. 4. An additional material, such as brick or stone, shall be incorporated into exterior elevation plan as an accent. /68 Planning Report- Spectrum CUP -Hotel August 22, 2002 Page 10 5. The same building materials and windows shall be utilized on all elevations of the building. 6. The landscape plan shall be revised to incorporate the following: a. Additional deciduous and coniferous plantings shall be installed to increase the value of the plan. b. Screening, including shrubs and berming, shall be installed along Blue Gentian Road and TH 55 to screen the parking, as required by the Zoning Ordinance. c. The landscape plan shall be prepared by astate-registered landscape architect orstate-certified nurseryperson. d. A landscape. screen shall be planted around ground mounted mechanical equipment. 7. All wall and pole mounted light fixtures shall be shield so as to reduce glare. 8. Structures shall be acoustically constructed so as to achieve the interior sound level of SOdBA. 9. The developer shall provide evidence of private ingress/ egress easements between Lots 3 and 2, Spectrum Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 3. /69 FINANCIAL OBLIGATION -02-CU-14-07-02, Lot 3, Block 1, Spectrum Business Park, Hotel There are pay-off balances of special assessments totaling $40,671 on the parcel for which the conditional use permit is requested. At this time, there are pending assessments estimated at $38,386 on the pazcel for which the conditional use permit is requested. The pending assessments aze related to Project 809, which was a condition for approval of the subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges aze proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The approval of the conditional use permit is not contingent upon the payment of these Connection/Availability Charges. The charges become due and payable with connection to the City's Utilities. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE None TOTAL QUANTITY AMOUNT $0.00 $0.00 /90 a Esgsn Boundary Location Map ~PsrcalAr.aaYl~n. ;._~ Building FootprlM -- = ~. 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I~TRODL`CTION - EXTE;~iDED STAY' SUITE HOTEL This project narrative is being submitted on behalf of Spectrum Investment Group, LLC, A 1~Iinnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant"), for the development of an extended stay suite hotel. The hotel will be located on a 1.71 acre site at the northeast corner of the intersection of STH 5~ and Blue Water Road, and adjacent and contiguous to the Spectrum Commerce Center. The site has been selected based upon the location and risibility of the parcel, the consistency of the proposed land use with the City's existing land use Guidelines and the strong demand for a hotel in this northeastern portion of the City of Eagan; demand that is grossly underserved at the present time. A detailed description of the project and its elements is contained in this narrative and in the materials attached to the application. The materials in this submittal include: • Application Form • Certified vlailing List • Escrow Deposit Agreement • Project Plans • Boundary Survey!Existing Conditions • Site Layout • Building Plans/Elevations • Exterior Lighting Plan • Grading/Drainage/Erosion Control Plan • General Utility & Street Plan • Landscape Plan • Tree Preservation Plan • Water Quality Rzquirements • Wetlands Inventory/Replacement Plan / 98 ~ NARRATIVES Hotel -Lot 3 TI» I~utel concept that is proposed is alimited-service, extended stay, suite hotel [fiat will number between 7~ and 80 rooms. The ~-story structure will be 100% concrete construction and will be aimed directly at the student pilots undergoing training at the Pan Am International Flight A::ademy. one of the major tenants of the Spectrum Commerce Center. Pan Am operates their facility ?~ hours a day, seven days a week. Student pilots from countries around the world are coming to train at Pan Am on a daily basis. The time that these pilots spend in training can range from three days to three weeks. As was mentioned in the earlier restaurant discussion, Pan Am operates six flight simulator bays (potentially increasing to eight) in the Spectrum Commerce Center, as well as another 23 simulators at the NATCO facility on the Northwest Airlines corporate campus. We're told that each of these simulators generates some 3.000 room/nights per year. The calculation of 31 simulators multiplied by 3,000 room/nights, divided by 36~ days equates to an annual demand of over 2~0 hotel rooms, just from PanyAm's student pilots. Pan Am's facility at the Spectrum Commerce Center atone generates an annual demand of 65 rooms. As is the case in the lack of full service restaurants, the supply of hotel rooms in the Grand Oak'Spectrum area of Northeast Eagan is woefully inadequate. A high percentage of Pan Am's student pilots do not have cars, and rely on taxis and complimentary hotel shuttles to get from the Spectrum Commerce Center to their hotel, and vice versa. These hotels are either in some other part of Eagan, or in Mendota Heights or Bloomington. Our major tenants; (Pan Am and Mesaba Airlines) have, since the earliest lease negotiations, expressed their desire for Spectrum to develop a restaurant and hotel to compliment the Commerce Center. Also, as an adjunct service to our second-level, corporate parking facility operated under arrangements with Northwestern Travel, the "Spectrum Shuttle", a fleet of shuttle coaches that will ultimatel}' total fifteen vehicles, will inter-connect the Spectrum Commerce Center, the Gril[ & Bar, the Suite Hotel with the Minneapolis/St. Paul Airport and possibly other locations such as the Mall of America. Pan Am reserves simulator time with their students some 3 to 4 weeks in advance. This valuable time is billed at a rate of $2.00 per hour, with a substantial deposit required. We intend to work with Pan Am in the reservation of rooms at the Suite Hotel at the Spectrum Commerce Center at tl~e same time that a student is enrolling for flight instruction. As an added benefit of staying at tl~e ."Spectrum Suites'', a student pilot will have direct access to Pan Am's computers through a direct fiber-optic line between the Pan Am facility and the hotel. The student will be able to work on tl~e aircraft training material in his hotel room using a personal laptop computer. The synergy between the classrooms and flight simulators at the Pan Am facility and the continuation of the learning experience in the privacy of a student's hotel room cannot be overlooked. Access -Lot 3 Tlie hotel will have two access points directly off Blue Water Road, which forms the eastern boundary of the land parcel. The main access is a shared ingress/egress with the Spectrum Commerce Center's Lot ?, with the curb cut physically on Lot 2. The second access point is further south on Blue Water Road, with the curb cut on Lot 3 and directly across the street from tl~e ingress access to the Grand Oak 8 Building that will be the future home of Apogee Enterprises (Harmon Glass) that is being developed by Interstate Partners. All project access must come off Blue Water Road in that no curb cuts are allowed off State Highway 55. Please see Concept Site Plan in the Plan Set. Setback Variance -Lot 3 A Setback Variance will be required on the order of the setback variance that was approved for Lot 2 (Spectrum Commerce Center). /~9 CONCLUSION The City s use of the Business Park (BP) zone in the Grand Oak/Spectrum area of Northeast Eagan creates a planning model for the synergistic interaction of not only office, office/warehouse and warehouse use, but also for the aforementioned to interact with restaurants, hospitality and limited retail. This zoning classification is a catalyst for the creation of a symbiotic organism that allows for one property to feed off a connected property. The Spectrum Commerce Center tenants support both the restaurant and the hotel, and vice-versa. However, strong market forces are also at work here. The Commerce Center is supplying airport related businesses large, unobstructed blocks of secure (100% concrete construction) space that is within 5 minutes of the 7`~' busiest airport in the country. The '`Grill and Bar" and the "Spectrum Suites" are also meeting a strong demand for food and lodging in Northeast Eagan that presently is not being served. Both the restaurant and the hotel are sorely needed in the area. /~o VARIANCE REQUEST PARKING SPACE SIZE -LOT 3 SPECTRUM SUITE HOTEL EAGAN, MINNESOTA This narrative for a Variance Request is being submitted on behalf of Spectrum Investment Group, LLC, a Minnesota limited liability company, by Spectrum Development Group LLC, a Minnesota limited liability company (`'the Applicant"). The Applicant is requesting a variance from the City of Eagan's parking space size requirement of 10 feet X 19 feet. The proposed site plan for the hotel delineates a parking space size of: 9 Feet X 18 Feet The Applicant has supplied 100% of the land required. and has constructed a detention pond capable of holding 12+ acre/feet of water runoff (live and dead storage) from not only the Applicant's 27 developed acres, but also a substantial portion of the developed property on the west side of STH 55 (approximate)}~ 107 acres), and the contiguous 14 acres of land to the north (presently single family homes on Blue Gentian Circle but slated for future office building development by I~IcGough Construction). Lot 3 totaled approximately 3.389 acres at the time the Applicant acquired the property. Since the construction of the new detention pond, the net acreage of the site has been reduced to approximately 1.71 acres. Approximately half of the original hotel site (1.68 acres) was dedicated to the construction of the detention pond. Due to the strong pent-up demand for a hotel, coming not only from the tenants of the Spectrum Commerce Center but also from other companies in the Grand Oak Business Park and surrounding commercial buildings, Spectrum Development Group, LLC is pursuing the development of a hotel on Lot 3 of the Spectrum Business Park. This detention pond, which will accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a substantially larger capacit}• than is needed for just the 27 acre Spectrum Business Park development. Its construction has placed some unexpected development constraints on land planning this commercial comer. A hardship was placed on the Applicant, making the development of this land parcel to its highest and best use as a hotel much more difficult. /s'/ VARIANCE REQUEST SETBACK FR0~1 STATE HIGHWAY ~~/BLUE WATER ROAD LOT 3- SUITE HOTEL EAGAN, MINNESOTA This narrative for a Variance Request is being submitted on behalf of Spectrum Investment Group, LLC, a Minnesota limited liability company, by Spectrum Development Group, LLC, a Minnesota limited liability company ("the Applicant"). The Applicant is requesting a variance from the City of Eagan's parking setback requirement under the Business Pazk zone of 20 feet from a public street. The proposed setbacks on the submitted site plan for the suite hotel are: Five Feet from the face of the curb to the property line along Highw-ay» Fifteen Feet from the face of the curb to the property line along Blue Gentian Road The Applicant has supplied 100% of the land required, and has constructed a detention pond capable of holding 12~ acre/feet of water runoff (live and dead storage) from not only the Applicant's 27 developed acres, but also a substantial portion of the developed property on the west side of STH 55 (approximately 107 acres), and the contiguous 14 acres of land to the north (presently single family homes on Blue Gentian Circle but slated for future office building development by McGough Construction). Lot 3 totaled approximately 3.389 acres at the time the Applicant acquired the property. Since the construction of the new• detention pond, the net acreage of the site has been reduced to approximately 1.7 l acres. Approximately half of the original hotel site (1.68 acres) was dedicated to the construction of the detention pond. This detention pond, which will accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a substantially lazger capacity than is needed for just the 27 acre Spectrum Business Park development. Its construction has placed some unexpected development constraints on land planning this commercial corner. A hardship was placed on the Applicant,'making the development of this land parcel to its highest and best use as a hotel much more difficult. /g~z Agenda Information Memo August 27, 2002, Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - (MAGNUM DEVELOPMENT) ACTION TO BE CONSIDERED: To approve a Planned Development Amendment and Final Planned Development to allow a retail building and a pylon sign for Lot 2, Block 1, Hadley Park, located at 2020 Cliff Road in the NE '/4 of Section 31, subject to the conditions listed in the APC minutes. FACTS: • Magnum Development Corp. is proposing a 6,313 square foot retail building. As part of the Planned Development, Magnum has also requested approval for a pylon sign. • The proposed retail use constitutes a change from the existing designated use (Class I restaurant) and appears consistent with the retail commercial land use designation for this property and surrounding development. • The site plan generally shows consistency with the original site layout for the Hadley Park PD, providing for internal circulation between lots, and shared access to Cliff Road. • The proposed building utilizes materials that are consistent with the colors and materials used on the other buildings within the Hadley Park development. • Since this development consists of a single lot, approval of the required amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. • The APC held a public hearing on August 27, 2002, and recommended approval of the Planned Development Amendment and Final Planned Development, subject to conditions in the APC minutes. • During the public hearing, the developer agreed to some modifications to the plans suggested by staff and discussed by the APC, such as for green space, parking, pylon sign, etc. The conditions listed in the APC minutes reflect those changes. ATTACHMENTS: August 27, 2002, APC Minutes, pages through ~,S Staff report, pages f~ through ~~ /8.~ C. PLANNED DEVELOPMENT AMENDMENT - MAGNUM DEVELOPMENT A Planned Development Amendment to amend the use of Lot 2, Block 1, Hadler Park from a Class I restaurant to a single-tenant retail building with a pylon sign, located on the south side of Cliff Road, west of Walgreen's in the NE '/4 of Section 31. Senior Planner Ridley introduced this`ifem and highlighted the information presented in the City Staff report dated August 22, 2002. He noted the background and history. John Hughes, Magnum Development stated the occupying retailer feels the indicated parking is necessary. He indicated areas that greenspace could be added, medians expanded and parking space eliminated. He stated he does not want to eliminate all of the additional parking stalls. He stated the pylon sign could be reduced to 22 feet, the same size as the Walgreen's signage; he stated opposition to providing identical design as that approved for Lot 1. He requested that the property not be referred to as single tenant but rather retail building. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Huusko stated he likes the compromise presented by the applicant in regard to larger medians. Steininger stated opposition to the style of the sign. He stated he is not opposed to the additional parking. Member Gladhill moved, Member `~~ndt 'seconded a motion to approve the Planned Development Amendment to amend the use of Lot 2, Block 1, Hadler Park from a Class I restaurant to a single-tenant retail building with a pylon sign, located on the south side of Cliff Road, ,west of Walgreen's in the NE '/4 of Section 31 subject to the following condition~`as amended: 1. The applicant and/or developer shall`enter into a Final Planned Development Agreement with the City prior to building"permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: "'' / • Final Site/signage Plan- • Final Building Elevations/signage Plan • Final Landscape Plan • Final Site Lighting )~ icy 3. The site shall be developed in accordance with the above referenced final plans 4. Six parking stalls in the easterly area ~~~~~ ~~~°r'~~^R shall be eliminated as well as the north easterly sidewalk area and replaced with a curbed and landscaped island to increase the amount of green space on the site. This change shall be reflected on a revised Site Plan to ~e submitted for incorporation into the PD Agreement. 5. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standards (i.e.~six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.). 6. A two- to three-foot berm shall be` provided along the front of the parking lot adjacent to Cliff Road. ~ - 7. The developer shall provide evidence of private ingress/ egress easements between Lots 1, 2, and 3 Hadler Park Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 2. 8. Rooftop mechanical equipment shall not be visible from the street or off the property. 9. One pylon sign shall be allowed east of the driveway access to Cliff Road. The sign height shall not exceed 22 feet (same as the Walgreen's sign), and the area shall not exceed 101 square feet (area proposed) and it shall be located 300 feet west of the existing Walgreen's sign. The pylon sign shall incorporate architectural features (i.e. block and brick base) to match the proposed building. 10. The final landscape plan shall incorporate other plant materials to screen the parking from Cliff Road (i.e. additional shrub beds, ornamental trees, evergreen trees) similar to the landscape plan for the adjacent Lot 1. 11. Site lighting shall match the site lighting ofexisting developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is . not directly visible from off the property. '`` 12. No outdoor display, or storage, shall be allowed. 13. No outdoor loudspeaker advertisng~shall be allowed. 14. This development is responsible for cash parks and trails dedications payable at the time of building permit issuance at the rates then in effect. /g5 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 22, 2002 CASE: 31-PA-07-07-02 31-FD-04-07-02 APPLICANT: Magnum Development PROPERTY OWNER: Dakota County REQUEST: PD AmendmentlFinal PD HEARING DATE: August 27, 2002 APPLICATION DATE: July 17, 2002 PREPARED BY: Pamela Dudziak LOCATION: 2020 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Magnum Development is requesting approval of a Planned Development Amendment to allow a retail use on Lot 2, Block 1, Hadler Park, located at 2020 Cliff Road in the NE'/4 of Section 31. The proposed retail use constitutes a change from the previously approved Planned Development, which identified this lot for a Class I restaurant. The proposed amendment is asingle-occupant building (video. rental) with a pylon sign. Approval of the required amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote 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 planning commission for its consideration and recommendation. /P6 Planning Report -Magnum Development, Inc. August 27, 2002 Page 2 BACKGROUND/HISTORY Hadler Park was platted in 1992 and the Walgreen's and was constructed on Lot 3. In 1994, and amendment to the PD was approved which changed the approved use on Lot 4 from a medical clinic to an office building. The City approved a PD Amendment and Final PD for Lot 1 (strip retail center) earlier this year and that site is now under construction. Lot 2 remains vacant. The Hadler Park development contract states "All buildings will require an individual review by the Advisory Planning Commission and approval by the City Council". A Conditional Use Permit was issued in 1997 to allow Christmas tree sales on Lots 1 and 2. EXISTING CONDITIONS The site is vacant and flat and was graded with previous development. There is no significant vegetation on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Guide Plan North Re al Cinemas PD Planned Develo ment RC, Retail Commercial South ISD 196 Rahncliff Learnin Center PD Planned Development RC, Retail Commercial East Wal een's PD, Planned Develo ment RC, Retail Commercial West Retail/MN State Driver's Training Station PD, Planned Development P, Public Facilities RC, Retail Commercial QP, Quasi-Public EVALUATION OF REQUEST Description of Proposal -Magnum Development is proposing a 6,313 square foot retail building. The developer has indicated that a video rental store will occupy the building. As part of the Planned Development, Magnum ha's also requested approval for a pylon sign. Since the proposed amendment involves a single lot, Magnum has requested simultaneous approval of the proposed Planned Development Amendment and Final Planned Development for this site. Compatibility with Surrounding Area -The proposed retail use appears consistent with the Retail Commercial land use designation for this property. The site is surrounded by commercial uses and is located adjacent to Cliff Road, a major arterial roadway. The site plan generally shows consistency with the original site layout for the Hadler Park PD, providing for internal circulation between lots and shared access to Cliff Road. /87 Planning Report -Magnum Development, Inc. August 27, 2002 Paee 3 The proposed pylon sign is considered a conditional use under the City's Sign Code and its inclusion in the PD approval is in lieu of a separate conditional use permit. The appropriateness of the pylon sign should therefore be held to similar standards in the evaluation of the proposed PD Amendment. Density -The 6,313 square foot building covers 12.2% of the 1.2-acre site. This satisfies the typical commercial zoning standards, which establish the maximum allowable building coverage at 20% to 30%. Setbacks - A 50-foot minimum building setback from Cliff Road is required, and commercial zoning districts typically require side and rear yard building setbacks of 10 to 20 feet. Parking setbacks of 20 feet from Cliff Road, and five feet from side and rear lot lines is required. The site plan satisfies these setback standards, with the exception of the east side lot line, which was designed with the Walgreen's development to accommodate a shared drive aisle. The building setback from the west side lot line is 15 feet. Parking -The City Code requires a minimum of one parking stall for every 200 square feet of building area. Using this standard, this 6,313 square foot building would need 32 parking stalls. The proposed site plan shows 48 stalls. All stalls satisfy the dimensional standards in the City Code and are at least 10 feet wide and 19 feet deep. Green Space -The City Code requires a minimum of 30% green space in commercial developments. As proposed, this development provides 24.3% green space. Since the site is overparked, staff recommends eliminating the easterly row of parking and replacing it with a curbed and landscaped island, which would increase the amount of green space on the site to about 29%. This should be reflected on the final site plan submitted for incorporation into the PD Agreement. Grading -The site has been graded with previous development and generally slopes to the northwest. Storm Drainage - An existing storm sewer system within the service drive in the southeast corner of the site is available for connection by the development to accommodate storm water runoff. V~Vetlands/Water Ouality -Water quality requirements for this site were previously satisfied with construction of a stone water pond at the time of platting. Utilities -Existing sanitary sewer and water main are available for connection along the south edge of the site. Access/Street Design -Public street access is proposed to the north onto Cliff Road (County Road 32) via private shared service drive with Lot 1(multi-tenant retail) and to the east onto Rahncliff Road via private shared service drive with Lot 3(Walgreen's). The developer should provide evidence of private ingress/ egress easements between Lots 1, 2, and 3 Hadler Park /88 Planning Report -Magnum Development, Inc. August 27, 2002 Page 4 Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 2. Building Elevations/Architecture -The Hadler Park development agreement requires that rooftop mechanical equipment not be visible from the street, and all buildings be constructed of similar material and colors. The proposed building consists of the same materials as the building on Lot 1 -- rock-face block in almond, red brick, and beige EIFS. The facade includes cornice features and a Sunbrella awning in purple. The building has a flat roof and at its highest points is 21.5 feet in height. The architectural drawings do not show rooftop mechanical equipment, and consistent with the Hadler Park development agreement, any such equipment should not be visible from the street. The Hadler Park development agreement also requires that all trash and recycling be contained within each building. The developer is proposing a trash enclosure attached to the southeast corner of the building. City Code standards require that the enclosures be at least six feet in height, be constructed of materials that match the principal building, have gates or doors that are at least 90% opaque for screening, and be large enough to accommodate all trash and recyclable materials containers within the enclosure. The plans appear to satisfy these design standards. Landscaping -The landscape plan show shade trees along the north and south sides of the property, with ornamental trees and in the islands, and a variety of shrubs throughout the site. The City's landscape ordinance requires that parking lots be screened from public rights-of--way. Berming and plant materials are the most commonly used. The grading plan should be revised to provide a two to three foot berm along the Cliff Road right-of--way. In addition to the proposed shade trees, the final landscape plans should incorporate other plant materials to screen the parking from Cliff Road (i.e. additional shrub beds, ornamental trees, evergreen trees) similar to the landscape plan for the adjacent Lot 1. Si a e -Building signage consists of channel letters on the cornice panel above the doorways. The signs are proposed on the north side of the building, facing Cliff Road, and the east side of the building, facing Walgreen's. The proposed signage on the east side is not consistent with the City's Sign Code as that elevation does not have public street frontage. The appropriateness of the east elevation signage is a policy matter to be determined by City officials, and can be accommodated within the Planned Development if so desired. The developer is also proposing a pole style pylon sign, 25 feet in height. The proposed sign has a 14'-7" by 6'-10" internally lit cabinet sign message area. It is 101 squaze feet in azea. While the concept plan in the original Hadler Park PD agreement showed pylon signs for each of the lots on Cliff Road, the proposed location of this pylon sign does not satisfy the minimum 300 foot spacing between existing pylon signs. It is approximately 380 feet from the Walgreen's pylon, but only about 140 feet from the new pylon sign for the multi-tenant retail building on Lot 1. There is a distance of about 520 feet between those two signs. /s9 Planning Report -Magnum Development, Inc. August 27, 2002 Page 5 The pylon sign on Lot 1 has not yet been constructed, and there is enough frontage along Cliff Road that if that sign were relocated to the northwest corner of Lot 1, there would be sufficient spacing to accommodate a pylon sign on Lot 2 and satisfy the 300 foot distance standard between signs. There is no consistency in the pylon sign design within the Hadler Park PD. Walgreen's has a pole sign (22 feet in height and 100 sq. ft. in area), and on Lot 1, an 18-foot high pillar style pylon sign with a block and brick base to match the building is being installed. The proposed pylon sign on Lot 2 is a simple pole style, 25 feet in height. North of Cliff Road the pylon signs utilize a consistent brick pillar design. No such design criteria were specified for Hadler Park, but similar design criteria can be specified in the PD Agreement if the APC or Council so chooses. While the proposed 25-foot sign height is less than the allowed maximum (27'), it is three feet higher than the adjacent Walgreen's sign. As a PD Amendment, staff suggests that the proposed pylon sign should be of similar size and incorporate design elements similar to the other Hadler Park pylon signs. For this reason, the APC may wish to set specific design standards for the pylon sign that differ from the standard Sign Code provisions, such as architectural features, (i.e. block and brick base to match the building materials similar to Lot 1), height (22 feet to match Walgreen's or 25 feet as proposed), and area (1 Ol sq. ft. as proposed). Site Lighting - A site lighting plan was not submitted. Site lighting should be provided consistent with the site lighting on the other two lots. Therefore, shoebox fixtures with sharp cutoffs should be used, and the poles and fixtures should be painted brown. A site lighting plan, including photometrics, should be submitted for staff approval to be incorporated into the PD Agreement. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. Parks and Recreation -This development is responsible for cash park and trails dedications payable at the time of building permit issuance at the rates then in effect. The 2002 rates are $4,508.00 per acre for parks and $960.00 per acre for trails. SUMMARY/CONCLUSION Magnum Development Corp. is proposing a Planned Development Amendment to change the specified use on Lot 2, Block 1, Hadler Park from a Class I restaurant to a single-tenant retail center. The proposed development plans also include a pylon sign. Since the proposed amendment involves only one lot, Magnum has requested simultaneous approval of the proposed PD Amendment and Final Planned Development for this site. The proposed retail use appears consistent with the retail commercial land use designation for this property. The site is surrounded by commercial uses and is located adjacent to Cliff Road, a major arterial roadway. The site plan generally shows consistency with the original site layout for the Hadler Park PD, providing for internal circulation between lots, and shared access to Cliff Road. /90 Planning Report -Magnum Development, Inc. August 27, 2002 Page 6 The APC and Council are asked to comment specifically on the sign package, both the east elevation signage and the proposed pylon. The pylon sign that is proposed does not meet the spacing guidelines of the City's sign ordinance, however, the Hadler Park development has enough frontage on Cliff Road to accommodate three pylon signs at the required minimum 300- foot spacing if the sign location on Lot 1 were changed to the west end of that lot. Since the applicant controls both this parcel and Lot 1, and the pylon sign on Lot 1 has not been built yet, the spacing issue could be resolved by making this change. The APC should also provide comments on the sign design, height and area and add specificity to the conditions of approval if necessary. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow asingle-tenant retail use and a pylon sign for Lot 2, Block 1, Hadler Park, located at 2020 Cliff Road in the NE'/4 of Section 31. If approved, the following conditions should apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City prior to building permit issuance. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site/Signage Plan • Final Building Elevations/Signage Plan • Final Landscape Plan • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The easterly row of parking shall be eliminated and replaced with a curbed and landscaped island to increase the amount of green space on the site. This change shall be reflected on a revised Site Plan to be submitted for incorporation into the PD Agreement. 5. Trash enclosures shall be attached to the principal building and constructed consistent with City Code standazds (i.e. six to ten feet in height, materials that match the principal building, gates or doors that are at least 90% opaque for screening, etc.). 6. A two- to three-foot berm shall be provided along the front of the pazking lot adjacent to Cliff Road. 7. The developer shall provide evidence of private ingress/ egress easements between Lots 1, 2, and 3 Hadler Park Addition for review and approval by the City Attorney prior to building permit approval for the proposed development of Lot 2. 8. Rooftop mechanical equipment shall not be visible from the street or off the property. /9/ Planning Report -Magnum Development, Inc. August 27, 2002 Paee 7 9. One pylon sign shall be allowed east of the driveway access to Cliff Road. The sign height shall not exceed 22 feet (same as the Walgreen's sign), and the area shall not exceed 101 square feet (area proposed). The pylon sign shall incorporate architectural features (i.e. block and brick base) to match the proposed building. 10. The final landscape plan shall incorporate other plant materials to screen the parking from Cliff Road (i.e. additional shrub beds, ornamental trees, evergreen trees) similar to the landscape plan for the adjacent Lot 1. 11. Site lighting shall match the site lighting of existing developments within the Hadler Park PD and shall utilize shoebox fixtures and be painted brown. All site lighting shall be shielded and directed downward such that the source of light is not directly visible from off the property. 12. No outdoor display, or storage, shall be allowed. 13. No outdoor loudspeaker advertising shall be allowed. 14. This development is responsible for cash parks and trails dedications payable at the time of building permit issuance at the rates then in effect. /9z O Eapan Boundary Location Map ~PaKNAna~'M Buflditrf Footprint y l~ ;. ~ K.... ~ u 3 ~ 9 a --~~..,, ~~ ~ ~~ ~1 ~ t ' ~ e - ,, c? i oe ~~ - © a 4 © q ; 4 , ! u Sub ect Sit Q ~ e ~J. ~ © y s ~~ ~ ~ ~ ~ - ~ Irv.. w o o ~ 9 ~ ~ ~ ~~~ 9~ ~ ® 4 t 4 ~ T ~:} ~ ~ ~, J ~ - ~ v ~ ~ ® ~ ~ ~ f 9 ~ 4l ~~ d .1 ~ ~~ ~~ ~ ~~e ~, '~ ~ ~ ~ gyp' ~ ~ ~~+~ ._ a J t+ Q e 1 B ~ ~ ~4~ ~ ~ ~ ~~ t ~_ ~3 ~J 2 q 'dD `~ .... . ~ (~ v ~ tromp to ~... f 9 ~ ~ 21 ~ ~ 9 ~ L+ ~ ~ ~ ~ r ! ® A • 'It' ~ ~ & • ~ ~ „ i a V ,~' ~ ~ S a v ° a 4 a o w a s ~,J _ d ~ ~ ~ , a ~ ~ ,~ ~ n e= ~. ~ ,te ~ o ~, ~ ~,~~ n ~, +,. ~~ ~ a ~ B .`~ a ~ ~,° ® 9 ~ a . 0 r ~ ® ~ ~, 0 3~ ~ ~'•~ ~ i~ - . , a ~ - ~ ~ ~ ; r. 1000 0 1000 2000 Feel Development/Developer: Magnum Development Application: Planned Develop Amendment Case No.: 31-PA-07-O7-02 ~~ M.p Pnp.rnd wirq 7.1. 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FACTS: The subject property is currently zoned RB-Roadside Business. As part of proposed revisions to Chapter 11 of the City Code, the Zoning District RB-Roadside Business will be eliminated. The subject property owner has expressed a strong desire to retain the permitted uses associated with the RB Zoning District. The property owner and City staff have determined that the best way to achieve this goal is by rezoning the property to PD-Planned Development and incorporate current RB provisions into a Planned Development Agreement. • The applicant will be required to enter into a Planned Development Agreement with the City with a term of five years. The proposed agreement allows uses and bulk standards currently permitted in the RB-Roadside Business District. This agreement does not excuse the property owner from other required processes associated with future development of this property. • No development is associated with this request at this time. ATTACHMENTS: ~ ~ D • August 27, 2002 APC Minutes • Staff report, pages ~Q,~ through ayO• ao~ F. REZONING- CITY OF EAGAN A Rezoning of approximately eight acres from RB (Roadside Business) to PD Planned Development and a Preliminary Planned Development to allow RB uses, located on the east side of Hwy 77, south of the Citgo gas station in the NW '/< of Section 30. ~. Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 19, 2002. He noted the background and history. Chair Huusko opened the public hearing., t ... i Applicant Peter Beck asked that the Punning Commission approve the proposal. tw. ~ :.. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Segal moved, Member Gladhill seconded a motion to approve the Rezoning of approximately eight acres from RB (Roadside Business) to PD Planned Development located on the east side of Hwy 77, south of the Citgo gas station in the NW '/4 of Section 30. All voted in favor. Member Segal moved, Member Gladhill seconded a motion to approve a Preliminary Planned Development to allow RB uses, located on the east side of Hwy 77, south of the Citgo gas station in the NW '/4 of Section 30. All voted in favor. - ~,. _: . ~ __ ~., ..~.! aoa PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2002 APPLICANT: City of Eagan PROPERTY OWNER: Nichols Parks LLC REQUEST: Preliminary Planned Development CASE: 30-RZ-08-08-02 HEARING DATE: August 27, 2002 APPLICATION DATE: PREPARED BY: Erik Slettedahl LOCATION: NW '/4 Section 30, SW corner of Nicols Rd and Diffley Rd COMPREHENSIVE PLAN: GC-General Commercial ZONING: RB-Roadside Business SUMMARY OF REQUEST The City of Eagan is requesting a Rezoning from RB-Roadside Business to PD-Planned Development and a Preliminary Planned Development for approximately 8 acres located at the southwest corner of Nicols Road and Diffley Road in the NW '/4 of Section 30 (Tax PIN 10- 03000-011-27). The Planned Development is necessary to accommodate permitted uses in the Roadside Business district following the elimination of the RB district with the pending revisions to City Code, Chapter 11-Land Use Regulations (Zoning). AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.40, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. ao3 Planning Report - Page 2 Planned Development: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject property, along with three other vacant areas of the City, are currently zoned RB- Roadside Business. As part of proposed revisions to Chapter 11 of the City Code, the Zoning District RB-Roadside Business will be eliminated. The subject property owner was notified of the pending zoning change and has since expressed a strong desire to retain the allowable uses associated with the RB Zoning District. The property owner and City staff have determined that the best way to achieve this goal is by rezoning the property to PD-Planned Development that will incorporate current RB provisions into a Planned Development Agreement. With the exception of the subject property, all other RB zoned properties will be rezoned through the normal development application process or with the pending Zoning Map update addressing recommended changes consistent with the approved Land Use Plan. EXISTING CONDITIONS The subject property is currently vacant, unplatted, and is guided GC-General Commercial which is consistent with the RB-Roadside Business District. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - General Business, Neighborhood Business Zoning and Retail Commercial Land Use existing uses include two gas stations and a retail electronics store. South - Public Zoning and Quasi-public Land Use containing existing use is Peace Church. boy Planning Report - Page 3 East - R-3 Residential Townhouse and NB Neighborhood Business Zoning and Medium Density residential and Retail Commercial Land Uses, existing uses include townhomes and a gas station. West - MnDot Right-of--way. EVALUATION OF REQUEST No development is associated with this request at this time. A Planned Development Agreement has been prepared and reviewed by the City Attorney. The agreement proposes a term of five years from date of Council approval and preserves the opportunity to develop the subject property with permitted Roadside Business uses. Current permitted uses in the Roadside Business District are included in Exhibit B of this report. This agreement does not excuse the property owner from required processes associated with future development of this property including but not limited to subdivision, site plan review, assessments, and the Final Planned Development procedure. SUMMARY/CONCLUSION The City of Eagan is proposing to rezone the subject property to Planned Development and enter into a Planned Development Agreement with the current property owner to preserve the current permitted uses within the Roadside Business District. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of approximately 8 acres from RB-Roadside Business to PD-Planned Development and a Preliminary Planned Development that would allow uses currently permitted under the RB-Roadside Business District for property located at the southwest corner of Niclos Road and Diffley Road in the NW '/4 of Section 30 (Tax PIN 10- 03000-011-27). aos Current Zoning and Comprehensive Guide Plan City of Eagan Land Use Map Case Nol 30-RZ-08-08-02 Zoning Map ~ ~ PD B PD ~ ~C PF P Current Zoning: RB Roadside Business s FF RB R- ~ PF R PF P ///~/~\ ~ aa0 _.._.. _, 0 !00 1200 FMS /'~( /` . Comprehensive Guide Plan Land Use Map Current Land Use Designation: GC General Commercial c c~~ +aw FN1 MD RC RC QP P W ~ f O v GC R D h M D QP QP raeN ~P Helen- rro~ ofa Carnq LaM tvv~y Dp~rtrn~rt ApFll 2002. N sonN tlw~ m.rK.r»~ ryeay stern City of Eagan N' E Community Development DeparOment / . THIS MAP IS INTENDED FOR REFERENCE USE ONLY s The Gty of Eagan and Dakota County do not guarantee the accuracy of this IMormatlon. Eagan Boundary Exhibit A location Map ~8~ 9 ootplrint r~~. S ~- ~.. Site I 5~ ~ `j 7 'J !y ~; ~s,~~ t 4 ~~ v'3 k .~' ~ ~'l''~ :,:~y - ' o- ~ J 1, •. ~' ~~~ .. y, 4 i ~ ~. ~~ ~' ,~ ' - --- ~' - w } 1. ~ ~ Y y .. ! ~ L i :! ) 4 h ~e ~' - u y i ~ `~ __ 3 3~.~~ ;---+ _ ~ 4 ij ~ ~ ~~ yy 4y J,~ r ~~ ~y~ ~~ ~ - ~ a/, -e ., s_ ~ r ~ _ .~ .~ ~ _ ? 3 c - - a y \~ ~~ J ,ooo o ,ooo zooo F~1 .~ Development/Developer. City Of Eagan Property Legal Description as provided by Dakota County Assessor (not true legal description): Application: ReZOning and P PT OF E 1/2 OF NW 1/4 LYING N OF S 1682.66 Case NO.' 30-RZ-08-O8- 2 FT EX N 375 FT OF E 225 FT EX PARCEL NO 17 MN DOT RNV PLAT NO 19-7 CONT 14.62 ACS Map Pnpa 'n ER51 .. Pareal W s• nup data provided OY Mkofa County y apartrtnnt and is currant as of March 2002. MAP IS INTENDED FOR REFERENCE USE ONLY ti µ' E an f E t C ,i. THIS ag y O l _ ~ ~ _ M T hy Clty of Eagan and Dakota County do not guaranta» tM accuracy of this infor,natlon and u~ S . ~mmu~Y D.valeptn~t o~paren.~t not raspwnslbla fov anon or omisdons. Exhibit B RB-Roadside Business District Permitted Uses Motel or hotel. 2. Restaurant, class I only of a minimum of 4,000 square feet. Service station under the following conditions: (a) The service station shall follow and not precede development of either a motel or restaurant. (b) The design, location, public street access, architecture, landscaping and development shall be compatible with the motel and/or restaurant as approved by the council. 4. On-sale liquor, 3.2 beer or wine with a motel, hotel or restaurant. 5. Mass transit terminal or pickup station. 6. Commercial recreational facilities such as bowling alleys, tennis clubs, skating facilities and theaters, when conducted entirely within a building. 7. Amusement devices not to exceed three machines at one licensed location and which shall not be located within 200 feet of another licensed location. For this purpose the outside wall of each licensed location shall be used in the measurement of the distance between locations. 8. Public utility tower mounted antennae, subject to the regulations thereof in curent Code. ~o~" ~. Agenda Information Memo September 3, 2002 Eagan City Council Meeting F. COMPREHENSIVE GUIDE PALN TEXT AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve a Comprehensive Guide Plan Text Amendment to the approved Site Plan for the Parkview Golf Club Driving Range. FACTS: Several Special Area Comprehensive Plan Amendments have been submitted to the Metropolitan Council for review this year. Part of the Met Council's review process is to determine the amendments compatibility with the City's adopted Comp Plan. This review process has exposed some inconsistencies between the 2000 Comp Plan the City adopted in February 2001 and the Plan the Met Council staff reviewed and reported on to the full Met Council. - The City's Draft Plan was submitted to the Met Council in September of 1999. Additional information was requested, prepared and submitted. Other issues were discussed over time and ultimately the Met Council "allowed the Plan to go into effect" late in 2000. - City staff brought the Plan plus an addendum to the City Council for action in 2001. In an effort to make the 2000 Comp Plan as up to date as possible, the addendum up-dated the Housing Plan element of the Plan to reflect more accurate (October 2000 rather than Summer of 1998) numbers for land supply and household growth forecast. - Unfortunately, this revised table the City Council adopted was never made part of the Met Council's record and, as such, the City and Met Council were working with different numbers for anticipated households. Additionally, the City's consultant had prepared yet another set of numbers that included .households assumed in some of the Special Areas. As the commission and council are aware, the Special Areas were intentionally Left undefined in order to allow individual "small area" plans to be reviewed, discussed, and acted upon subsequent to the Plan being formally adopted. - The affect of these three different household numbers has resulted in confusion for both the Met Council and City staff as various amendments have been forwarded to the Met Council for review. ao9 - The present "housekeeping" amendment is intended to essentially start with a clean slate in regard to vacant and under utilized land and the subsequent forecasting for Eagan housing units for 2010 and 2020. ATTACHMENTS: (1) August 27, 2002 APC Minutes ~ 11 r Table -Housing Unit Count Forecast 2002-2020 on page ago H. COMPREHENSIVE GUIDE PLAN TEXT AMENDMENT -CITY OF EAGAN A Comprehensive Guide Plan Text Amendment to clarify the City's 2010 and 2020 household forecasts. Senior Planner Ridley introduced this item and discussed Memorandum dated August 19, 2002 regarding: Comprehensive Guide Plan Text Amendment. Chair Huusko opened the public hearing. There being no public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Stackhouse moved, Member Bendt seconded a motion to approve the Comprehensive Guide Plan Text Amendment to clarify the City's 2010 and 2020 household forecasts. All voted in favor. V. VISITORS TO BE HEARD (FOR ITEMS NOT ON THE AGENDA) There were no visitors to be heard at this time. VI. ADJOURNMENT Member Steininger moved, and Member Bendt seconded a motion to adjourn the Advisory Planning Commission meeting at 9:OSPM. All voted in favor Respectfully Submitted by: Camille Worley Recording Secretary a~~ City of Eagan, Mn. Housing Unit Count Forecast - 2002-2020 Based on Vacant and Underutilized Land Survey -May 2002 Additional Acres developed housing units Unit/Land T e Acres b 2020!'t b 2020- t' Base unit count January 2002 and building permits issued through May 23, 2002 25,105 Bldg. Permits pending on approved platted land ` Low Density (0-4 units/acre} 172.6 378 Medium Density (4-12 unRs/acre) 49.4 410 High Density (12+ units/acre) 8.4 230 Total 230.4 1,018 Additional housing units PENDING final approval" Medium Density (4-12 units/ acre) 13.6 80 High Density (12+ units/acre) 10.2 193 Total 23.8 273 Low Density (0-4 units/acre) -Vacant Assumes 2.5 179.0 179.0 448 Low Density (0-4 units/acre) -Underutilized units/acre 584.0 204.0 511 Medium Density (4-12 units/acre) -Vacant Assumes 6.0 24.0 24.0 144 Medium Density (4-12 units/acre) -Underutilized units/acre 17.5 13.1 79 High Density (12+ units/acre) -Vacant Assumes 12.0 5.4 5.4 65 High Density (12+ units/acre) -Underutilized units/acre 16.4 12.3 147 Total acres developed by 2020 692.0 Total additional housing units by 2020 2,685 Units/acre for new housin units b 2020 3.9 Total housing units forecast by 2010"' 26.521 Total housing units forecast by 2020 27,790 'adjusted unit count for pending approved developments-aueage is subtracted accordingly-building permit expelled within two years "includes conversions and additional units that were additions to May inventory (Greyhawk, Eagan Heights 3rd, Keystone Communities, CDA Senor housing) "'this number is derived by imposing the % development by 2010 in table 2.3 of Comprehensive Plan (approx. 50 % of forecasted new units by 2010 due to 2002 starting point) (1) Assumes all vacant property and 35% LD and 75% MDMD underutilized land will develop by 2020 with adjusted numbers for pending developments. Special Area Summary: Acreage breakdown by Special Area is difficult to represent in the above data bemuse Special Area acreage was included in different categories. The following is a generalized summary of density acreage breakdowns by Special Area (note: the following Special Areas have not been formally approved and are subject to change) Special Area #4 Acres LD 0 MD 0 HD 13 Special Area #5 Acres LD 0 MD 25 HD 13 Special Area #7 Acres LD 41 MD 4 HD 0 a~~ AGENDA CITY OF EAGAN ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 3, 2002 A. CALL TO ORDER B. ADOPT AGENDA i ~ C. APPROVAL OF MINUTES 1. August 20, 2002 ?r ~ D. PUBLIC HEARINGS 1. Consider Ac uisition of Pro a at Hi hwa s 55 and 149 Throu h the Use of 4 P rh' g Y g Eminent Domain. ~aaDE. NEW BUSINESS 1. Consider Final Development Agreement -Interstate Partners. F. ADJOURNMENT ais Agenda Information Memo September 3, 2002 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF AUGUST 20, 2002 EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the August 20, 2002 EDA meeting. ATTACHMENTS: • Minutes are attached on pages~5t~aeng~r~_ • Resolution is attached on page aiv MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 20, 2002 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 20, 2002 at 9:10 p.m. at the Eagan Municipal Center. Present were President Awada and Commissioners Carlson, Fields, Bakken and Tilley. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Bakken moved, Commissioner Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Carlson moved, Commissioner Bakken seconded a motion to approve the minutes of the July 16, 2002 Economic Development Authority meeting. Aye: 5 Nay: 0 NEW BUSINESS SET PUBLIC HEARING - IMRE PROPERTY City Administrator Hedges discussed this item regarding a request by Interstate Partners for the City to use its powers of eminent domain to assist in efforts to redevelop properties in the northwest corner of the intersection at Highway 55 and Highway 149. Commissioner Carlson moved, Commissioner Bakken seconded a motion to schedule a public hearing for September 3, 2002 to consider authorizing the acquisition of the Imre Property by sale of property to a developer. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 9:15 p.m. Date Executive Director 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) 681-4600, (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. ais EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF August 20, 2002 BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the August 20, 2002 meeting of the Eagan Economic Development Authority. Motion by: Seconded by: Those in Favor: Those Against: Dated: CERTIFICATION I, James Verbrugge, Secretary/Assistant Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 3Td day of September, 2002. 3ames Verbrugge, Secretary a~b Agenda Information Memo September 3, 2002 Eagan Economic Development Authority Meeting D. PUBLIC HEARINGS 1. CONSIDER ACQUISITION OF PROPERTY AT HIGHWAYS 55 AND 149 THROUGH THE USE OF EMINENT DOMAIN. ACTION TO BE CONSIDERED: To open and close a public hearing to consider the acquisition of properties at Highways 55 and 149, and sale of the properties to a developer, and to continue action until September 17, 2002. FACTS: • In February 2002, the Eagan Economic Development Authority (EDA) created Tax Increment Financing (TIF) Redevelopment District #2-4 in the area of Highway 55 and Highway 149 in northeast Eagan. • The properties to be considered for acquisition are located within TIF District #2-4. • There are four properties (parcels 25 and 27-29 on the attached map) and two property owners that are affected by the proposed action. Notice of the public hearing was sent to the affected property owners and legal notice of the public hearing was published in the official newspaper of record. • The EDA has previously entered into a preliminary redevelopment agreement with Interstate Partners for redevelopment in the area that includes the affected properties. The EDA will consider, as part of a final redevelopment agreement with Interstate Partners, the resale of the properties obtained through eminent domain. • Because the terms of the final redevelopment agreement have not been approved by the EDA, staff is recommending that the EDA close the Public Hearing and take no action. Consideration of the action will be continued to the EDA meeting of September 17, 2002. ATTACHMENT: • A map of TIF District #2-4 is attached on pag • Published legal notice is attached on page a~~ .. _~ ,~: i- =--- 1, -" I I - - . ~. ~~ ~: i; pp ~ _ ~/~ N N ~' .~, /' ___ ~\\ ' /ii :J~i,/ ~ In ii"- ~ ~~ N . / , / _..~ i~ ..._ ~ -'• ~_.` ,, _ ~, , ~, ~ , ~-- - - _~.~_ T- -- --- ; ice!-___---- / ^\ ~ \~~ \~\ .~-~~\ ~ < '07 ~ ;,\ , __--, ~~ ~ ~ `~. ~: I I ~`~ N i'/j ~~\ ~\ / ~~i \ , ~. ~ ~ ~ 7 \ ,~ i 6 YY7i ~ 1, _- ~~ 0\J ~ ~ ~ ~ ~ N ~ / \~ N ~ ; M~ \ ~~ ,,~'~ ~ ~~ " ___ ;' ._ 00 ~~ ~, -r C ,\ ~ I , ~ ,- --- z ~. .~ \ . °' ~ it ~ ~ • ~ 8 ~V n __ ~' ' ~ ~ ~~ ~ ~ ~ ~~ j ~ ~ ~, r I ~ ~ ~~ ' ~ o ~ .- f o 1 I ,, Y;. \\` ~ \\ ~ ~ a c c rn ....:_. - ~ ~_.~ 1..._._ W =f Q V ~ ~ ~ ~ ~ d 2 m AFFIDAVIT OF PUBLICATION PUBLIC NOTICE NOTICE OF PUBLIC HEARING EAGAN ECONOMIC DEVELOPMENT AUTHORITY DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Ecorwmic Development Authority of the City of Eagan, Dakota County, State of Minnesota, will hold a public hearing on September 3, 2002, at approximately 7:00 p.m. at tlse Eagan City Council Chambers in City Hall, 3830 Pilot Knob Road, Eagan, Minnesota, to consider authorizing the acquisition of prop- erties through the use of eminent dartuin pursuant to Minnesota Statutes Section 469.012 and sale of the properties to a devc{- oper pursuant to Minnesota Statute, Section 468.029. The properties, generally located in the northwest quadrant of the intersection at Highway 55 and Highway 149, are: TAX PIN: 105332005200-2850 Hwy 55 TAX Plti: 105332003200-2815 Dodd Rd TAX Pl.'V: 10361000200]-2809 Dodd Rd TAX PIN: 103610001001-2805 Dodd Rd . ~ ~ it .t?v \ ~. ,,~. 4 STATE OF I~~INNESOTA ) SS County of Dakota , ) ERIC OLSON, bring duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Dakota County Tribune, and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 t A.02, 33 I A.07 and other applicable laws, as amended. (B) The printed _ . ~ ` ~- t which is attached was cut /rom the columns of said newspaper, and was printed and published once earJ--rreek"fOr . ~.( s;~..~°~Ics; it was first published on Thursday, the r~' ~ `day of (-~~ ~~ ~ , t G~- , and was thereafter printed and published on every Thursday to and including Thursday, the day of __._ ;and printed below is a cony of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as beirg the size and kind of type used in the composition and publication of the abcdefghijklmnopyr., tuwcxyz All interested persons may appear at the notice: hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF EAGAN, MINNESOTA /y Jamie Verbrugge, Assistant City Administrator 538 8/l2 & 8r1lr02 BY: TITLE: General Manager Subscribed and sworn to be/ore me on this ~~ day of ~~ -L 5 ~ , ~~ c Notary Public • „nnnnnv~^^^^^^^^'v"••,ti~nnnnnnnnnn • CAROL J, HA`JERLAND ~ `.~=~ h'q Ccmm~ss onl~xpiresNr3ts 005 ^ vw+~w~..,w~M~ a r~ Agenda Information Memo September 3, 2002 Eagan Economic Development Authority Meeting E. NEW BUSINESS 1. CONSIDER FINAL DEVELOPMENT AGREEMENT - INTERSTATE PARTNERS. ACTION TO BE CONSIDERED: To consider a draft of the final development agreement with Interstate Partners and to give staff direction prior to scheduling approval action on September 17, 2002. FACTS: • In February 2002, the Eagan Economic Development Authority (EDA) created Tax Increment Financing (TIF) Redevelopment District #2-4 in the area of Highway 55 and Highway 149 in northeast Eagan. • The EDA has previously entered into a preliminary redevelopment agreement with Interstate Partners for redevelopment in the area. • Interstate Partners is proposing to deliver two office buildings and three retail buildings. • Sid Inman of Ehlers & Associates, the City's redevelopment project management consultant, will be present to explain the terms of the agreement and fiscal analysis of the proposal. ATTACHMENT: • Proposal analysis is attached on pages~throu h~.~ 7• • Draft final agreement is attached on page~ough~ 9, aao ,rte ~ FREERS ~~.°~` & ASSOCIATES INC O To: James Verbrugge -City of Eagan From: Sid Inman, Ehlers & Associates cW Date: August 27, 2002 G Subject: Interstate Partners Proposal Based on our recent discussion the basic issues to be addressed within the development agreement include the following issues: 1. The Developer intends to redevelop the 12 acres located at the corner of State Highway 149 (Dodd Road) and State Highway 55. 2. The Developer intends to construct: a. One 24,000 square foot single story office building to be completed in 2003. b. One 60,000 square foot single story office building to be completed in 2003. c. One 12,000 square foot retail building to be completed in 2003. d. Two 7,000 square feet retail buildings one to be completed in 2004 and one in 2005. 3. The project site includes five parcels. The Developer currently has options on two of the parcels and is asking the city to use eminent domain to assist with the purchase of the remaining three. 4. The Developer and the EDA have previously entered in a Preliminary Redevelopment Agreement. 5. The Developer has identified $700,000 in redevelopment costs and is asking the City to assist them with this cost using Pay As You Go -Tax Increment Financing. 6. The project site is currently with Tax Increment Financing District 2-4. 7. To provide that assistance it is estimated that the term of the assistance would be 17.5 years of tax increment. 8. The Developer will provide evidence of the need for the $700,000 in the form of a But/For analysis. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8503 Fax: 651-697-8555 Roseville, MN 551 1 3-1 1 05 ~ / Email: jim@ehlers- inc.com 8127/02 Cily Of Eapsn Papa / of 7 CITY OF EAGAN - TIF DISTRICT 2~ 11'I'F.RS'I'.4'CF: PAK7:tiE:KS Inflation Rate: 0.0000% Pay-As-You-Go Interest Rate: 7.000% Fiscal Disparities Rate 34.000% Pay 2002 Tax Extension Rate: City wide 0.938650 Pay 2002 Tax Extension Rate: Frozen 0.851100 Tax Extension Rate: State Wide 0.579330 Pay 2002 Assumes First Tax Increment 2003 Assumes Last Tax Increment 2028 Years of Tax Increment 26 Area Wide Rate 1.5650 Pay 2002 Assumed Note Issue Date 2/1/03 Amount of increment will vary depending upon market value, tax rates, class rates, construction schedule, and Inflation on market value. Inflation on tax rates cannot be captured. BASE VALUE INFORMATION P.I.D.'s Map Location Total Market Value Class Rate Total Tax Capacit 105332005200 A-5 185,300 2.00% 3,706 106445005000 A-4 372,900 1.5% -2.0% 6,708 105332003200 A-3 340,000 1.5% -2.0% 6,050 103610002001 A-2 375,000 1.5% -2.0% 6,750 103610001001 A-7 693,000 1.5% -2.0% 13,110 Total 1,966,200 36,324 PROJECT INFORMATION Building Sq. Total Taxes Total Tax Capacity Total Market Date Date Feet Per Sq. Ft. Taxes Minus Fis Dis Tax Capacity Value Assessable Payable 1 24,000 3.98 95,544 29,601 44,850 2,280,000 2004 2005 2 60,000 4.01 240,808 74,745 113,250 5,700,000 2004 2005 3 12,000 5.20 62,414 19,305 29,250 1,500,000 2004 2005 4 7,000 5.12 35,867 11,055 16,750 875,000 2005 2006 5 7,000 5.12 35,867 11,055 16,750 875,000 2006 2007 Tota I 110,000 470,501 145,761 220,850 11,230,000 aaa- INT-0ART-2002~P3T t/27102 Cky Of Etpan Ptya 2 of 7 CITY OF EAGAN - TIF DISTRICT 2-4 TAX INCREMENT CASH FLOW Base Project Captured Semi-Annual State Admin Semi-Annual Semi-Annual PERIOD BEGINNI NG T8X TeX Tax Gro$$ T8X AUd at Net Tax Present Value PERIOD ENDING Yrs. Mth. Yr. Capacity Ca acity Ca acit Increment 0.36°~ 10.00% Increment 7.00% Yrs. Mth. Yr. 0.0 1-Aug 2002 36,324 36,324 Assumed Note Issue Date 2/1/03 0.0 1-Feb 2003 0.0 1-Feb 2003 36,324 36,324 0 0 0 0 0 0 0.0 1-Aug 2003 0.0 1-Aug 2002 36,324 36,324 0 0 0 0 0 0 0.0 1-Feb 2004 0.0 1-Feb 2003 36,324 36,324 0 0 0 0 0 0 0.0 1-Aug 2004 0.0 1-Aug 2003 36,324 36,324 0 0 0 0 0 0 0.0 1-Feb 2005 0.0 1-Feb 2004 36,324 123,651 87,327 37,162 (134) (3,703) 33,325 28,059 0.5 1-Aug 2005 0.5 1-Aug 2004 36,324 123,651 87,327 37,162 (134) (3,703) 33,325 55,169 1.0 1-Feb 2006 1.0 1-Feb 2005 36,324 134,706 98,382 41,866 (151) (4,172) 37,544 84,679 1.5 1-Aug 2006 1.5 1-Aug 2005 36,324 134,706 98,382 41,866 (151) (4,172) 37,544 113,190 2.0 1-Feb 2007 2.0 1-Feb 2006 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 143,833 2.5 1-Aug 2007 2.5 1-Aug 2006 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 173,439 3.0 1-Feb 2008 3.0 1-Feb 2007 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 202,045 3.5 1-Aug 2008 3.5 1-Aug 2007 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 229,683 4.0 1-Feb 2009 4.0 1-Feb 2008 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 256,386 4.5 1-Aug 2009 4.5 1-Aug 2008 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 282,187 5.0 1-Feb 2010 5.0 1-Feb 2009 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 307,114 5.5 1-Aug 2010 j 5.5 1-Aug 2009 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 331,199 6.0 1-Feb 2011 ~ 6.0 1-Feb 2010 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 354,470 6.5 1-Aug 2011 6.5 1-Aug 2010 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 376,953 7.0 1-Feb 2012 7.0 1-Feb 2011 36,324 145,761. 109,437 46,571 (168) (4,640) 41,763 398,677 7.5 1-Aug 2012 7.5 1-Aug 2011 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 419,665 8.0 1-Feb 2013 i 8.0 1-Feb 2012 36,324 . 145,761 109,437 46,571 (168) (4,640) 41,763 439,944 8.5 1-Aug 2013 8.5 1-Aug 2012 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 459,537 9.0 1-Feb 2014 9.0 1-Feb 2013 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 478,468 9.5 1-Aug 2014 9.5 1-Aug 2013 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 496,758 10.0 1-Feb 2015 10.0 1-Feb 2014 36.324 145,761 109,437 46,571 (168) (4,640) 41,763 514,430 10.5 1-Aug 2015 10.5 1-Aug 2014 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 531,504 11.0 1-Feb 2016 11.0 1-Feb 2015 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 548,001 11.5 1-Aug 2016 11.5 1-Aug 2015 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 563,940 12.0 1-Feb 2017 12.0 1-Feb 2016 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 579,340 12.5 1-Aug 2017 12.5 1-Aug 2016 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 594,219 13.0 1-Feb 2018 13.0 1-Feb 2017 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 608,595 13.5 1-Aug 2018 13.5 1-Aug 2017 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 622,485 14.0 1-Feb 2019 14.0 1-Feb 2018 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 635,906 14.5 1-Aug 2019 14.5 1-Aug 2018 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 648,872 15.0 1-Feb 2020 15.0 1-Feb 2019 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 661,400 15.5 1-Aug 2020 15.5 1-Aug 2019 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 673,504 16.0 1-Feb 2021 16.0 1-Feb 2020 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 685,199 16.5 1-Aug 2021 16.5 1-Aug 2020 36,324 145,761. 109,437 46,571 (168) (4,640) 41,763 696,499 17.0 1-Feb 2022 17.0 1-Feb 2021 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 707,416 17.5 1-Aug 2022 17.5 1-Aug 2021 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 717,964 18.0 1-Feb 2023 18.0 1-Feb 2022 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 728,156 18.5 1-Aug 2023 18.5 1-Aug 2022 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 738,002 19.0 1-Feb 2024 19.0 1-Feb 2023 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 747,516 19.5 1-Aug 2024 19.5 1-Aug 2023 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 756,708 20.0 1-Feb 2025 20.0 1-Feb 2024 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 765,590 20.5 1-Aug 2025 20.5 1-Aug 2024 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 774,171 21.0 1-Feb 2026 21.0 1-Feb 2025 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 782,461 21.5 1-Aug 2026 21.5 1-Aug 2025 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 790,472 22.0 1-Feb 2027 22.0 1-Feb 2026 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 798,211 22.5 1-Aug 2027 22.5 1-Aug 2026 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 805,689 23.0 1-Feb 2028 23.0 1-Feb 2027 36,324 145,761 109,437 46,571 (168) (4,640) 41,763 812,914 23.5 1-Aug 2028 23.5 1-Au 2027 36,324 145,761 109,437 46,571 168 4,640) 41,763 819,895 24.0 1-Feb 2029 Totals 2,207,177 7,946 182,270 1,979,308 Net Present Value 914,285 819,895 a~3 WT-0ART-2002-PST S/27/02 cny a Eepen Pape 1 or 1 CITY OF EAGAN - TIF DISTRICT 2~ 1 Rate Tax Ca aci Taxes Tax Extension Rate -AREA WIDE RATE 1.56500 15,249 23,865 EST Tax Extension Rate -STATE ED RATE 0.57933 44,850 25,983 EST Tax Extension Rate -TOTAL CITY RATE 0.93865 29,601 27,785 EST Market Value Taxes 2,280,000 0.0078560 17,912 EST TOTAL TAXES 95,544 Building Number 2 Rate Tax Ca acit Taxes Tax Extension Rate -AREA WIDE RATE 1.56500 38,505 60,260 EST Tax Extension Rate -STATE ED RATE 0.57933 113,250 65,609 EST Tax Extension Rate -TOTAL CITY RATE 0.93865 74,745 70,159 EST Market Value Taxes 5,700,000 0.0078560 44,779 EST TOTAL TAXES 240,808 Building Number 3 Rate Tax Ca aci Taxes Tax Extension Rate -AREA WIDE RATE 1.56500 9,945 15,564 EST Tax Extension Rate -STATE ED RATE 0.57933 29,250 16,945 EST Tax Extension Rate -TOTAL CITY RATE 0.93865 19,305 18,121 EST Market Value Taxes 1,500,000 0.0078560 11,784 EST TOTAL TAXES 62,414 Building Number 4 Rate Tax Ca acit Taxes Tax Extension Rate -AREA WIDE RATE 1.56500 5,695 8,913 EST Tax Extension Rate -STATE ED RATE 0.57933 16,750 9,704 EST Tax Extension Rate -TOTAL CITY RATE 0.93865 11,055 10,377 EST Market Value Taxes 875,000 0.0078560 6,874 EST TOTAL TAXES 35,867 Building Number 5 Rate Tax Ca aci Taxes Tax Extension Rate -AREA WIDE RATE 1.56500 5,695 8,913 EST Tax Extension Rate -STATE ED RATE 0.57933 16,750 9,704 EST Tax Extension Rate -TOTAL CITY RATE 0.93865 11,055 10,377 EST Market Value Taxes 875,000 0.0078560 6,874 EST TOTAL TAXES 35,867 aa~ INT?ART-2p02J-PST DRAFT: 8/29/02 DEVELOPMENT AGREEMENT Dated , 2002 Relating to TAX INCREMENT FINANCING DISTRICT NO.2-4 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and INTERSTATE PARTNERS LLC This Instrument Drafted by: Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 aas DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA") the CITY OF EAGAN, a Minnesota municipal corporation (the "City"), and INTERSTATE PARTNERS LLC, a Minnesota limited liability company (the "Developer"): WITNESSETH: WHEREAS, the EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 2-4 (the "TIF District") in connection with that part of the Development Program for Northeast Eagan Development District No. 2 which has been established as a Redevelopment Project pursuant to Minnesota Statutes, Section 469.028 (the "Redevelopment Project Area") and pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"); and WHEREAS, pursuant to the Acts, the EDA has adopted and the City has approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has determined to provide substantial aid and assistance through the financing of certain land acquisition, demolition, soil correction and public improvement costs in the Redevelopment Project Area; and WHEREAS, the Developer has proposed to construct certain office and retail facilities within the Redevelopment Project Area and the TIF District which the EDA has determined will promote and carry out the Redevelopment Plan and TIF Plan; and WHEREAS, this Agreement has been approved by the governing bodies of the EDA and the City following a public hearing duly called and held; NOW, THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Developer, the parties hereby represent, covenant and agree as follows: aab ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Acquisition Agreement. The Acquisition Agreement dated the date hereof between the EDA and Developer relating to acquisition and reconveyance of the Imre Parcels and attached as Exhibit E. (b) Certificate of Completion. The certificate of completion set forth in Exhibit B hereto. (c) Cwt .The City of Eagan, Minnesota. (d) Demolition and Soil Correction Costs. The costs of the City, the EDA and Developer of demolition of existing structures on the Property and soil correction associated with the Development. (e) Developer's Parcels. The parcels of property acquired or to be acquired by the Developer which are described in Exhibit F hereto. (f) Developer. Interstate Partners LLC, a Minnesota limited liability company, its successors and assigns. (g) Development. The Property and the Improvements to be constructed thereon by the Developer according to the Development Plans approved by the EDA and the City. (h) Development Plans. Collectively, the preliminary plans, drawings and related documents referred to in Exhibit D which establish certain design and construction standards for the Improvements. (i) EDA. The Economic Development Authority of the City of Eagan, Minnesota. (j) Improvements. Each and all of the improvements to be constructed on the Property by the Developer, which are expected to include (i) one approximately 24,000 square foot single story office building, (ii) one approximately 60,000 square foot single story office building, (iii) one approximately 7,000 square foot retail building and (iv) two approximately 7,000 square foot retail buildings, as specified in the Development Plans identified in Exhibit D hereto, but excluding any and all personal property. (k) Imre Parcels. The parcels of property to be acquired by the EDA which are described in Exhibit G hereto. a.~~ (1) Minimum Improvements. The initial phase of the Improvements consisting of at least the approximately 24,000 square foot office building and the 60,000 square foot office building. (m) Mort~a~e and Holder. The term "mortgage" shall include the mortgage or mortgages referenced in Article IV of this Agreement and any other instrument creating an encumbrance or lien upon the Development or any part thereof as security for a loan. The term "holder" in reference to a mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or deed of trust. (n) Pro e .The real property which is included within the TIF District and which is legally described in Exhibit A attached hereto. (o) Public Acquisition and Relocation Costs. The costs to the City and the EDA of acquiring the Imre Parcels and any related relocation costs. (p) Public Development Costs. The costs of the Public Improvements described in Section 3.10. (q) Public Improvements. The roads and other public infrastructure improvements described in Exhibit I. (r) Redevelopment Plan. The Redevelopment Plan for the Redevelopment Project Area, as amended from time to time, consisting of a portion of the Development Program. (s) Tax Increment Note (TIF Note. The Tax Increment Revenue Note to be issued by the EDA to finance a portion of the costs of the TIF District, in substantially the form attached as Exhibit C. (t) Tax Increment Financing District (TIF District). Tax Increment Financing District No. 2-4 created by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and described in the TIF Plan adopted therefor. (u) Tax Increment Financin Pg lan (TIF Planl. The plan for development of the TIF District adopted by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and approved by a resolution of the City Council adopted March 5, 2002. (v) Other Terms. Terms defined in other sections of this Agreement have the meanings given them. (w) Unavoidable Delays. Delays which are the direct result of strikes, fire or other casualty, war, material shortage, causes beyond the constructing party's control, or acts of God, or acts of any federal, state or local government unit, except those acts anticipated or contemplated under this Agreement. a.~~ Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. Legal Description of Property B. Certificate of Completion. C. Form of Tax Increment Note. D. Development Plan Documents. E. Acquisition Agreement F. Legal Description of Developer's Parcels G. Legal Description of Imre Parcels. H. Description of Public Improvements. I. Required Soil Correction Activities. Section 1.3 Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. (b) The words "herein" and "hereof "and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND COVENANTS Section 2.1 By the Developer. The Developer makes the following acknowledgements, representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer has the necessary financial resources for acquisition of the Property and construction of the Improvements. (c) The Developer will, to the extent required by this Agreement, demolish the buildings and other improvements on the Property and will construct the Improvements in a~9 accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, parking facilities, or landscaping improvements which are necessary in connection with the construction and operation of the Improvements. (d) The Development is comprised of uses permitted under the ordinances of the - City and is in conformity with the TIF Plan and the Redevelopment Plan. (e) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations, will have obtained any and all necessary environmental reviews, licenses or clearances under, and will be in compliance with the requirements of the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Area Act of 1973. (f) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (g) The Developer has conducted such investigation as it has deemed necessary with respect to the establishment of the TIF District and the basis for the inclusion of the Property therein and, with respect to this Development Agreement and its acceptance of the TIF Note, is not relying on any representation or warranty of the EDA or the City with respect to the due establishment thereof or its qualification as a "redevelopment district". (h) The Developer's investment in the purchase of the Property and site preparation, after giving effect to the TIF Note, will be at least 70% or more of the assessor's current year's estimated market value and, accordingly, Minnesota Statutes, Sections 116J.993 to 116J.995, do not apply to this Development Agreement or the assistance provided by the TIF Note. Section 2.2 By the EDA and City. The EDA and City make the following representations as the basis for the undertaking on its part herein contained: (a) The EDA and City are authorized by law to enter into this Agreement and to carry out their respective obligations hereunder; (b) The Property is zoned for purposes which include the Development as proposed. 5 a3o ARTICLE III. CONSTRUCTION OF IMPROVEMENTS• PUBLIC IMPROVEMENTS• OTHER DEVELOPER OBLIGATIONS Section 3.1 Construction of Improvements. The Developer agrees that it will construct the Minimum Improvements and any other portion of Improvements which the Developer elects to construct on the Property substantially iri accordance with the Development Plans. Section 3.2 Buildin Pg_ lans. Final Development Plans for the Improvements shall be subject to approval by the City. Section 3.3 Completion of Construction. Subject to Unavoidable Delays, construction of the Minimum Improvements shall be completed by the Developer prior to December 31, 2003. All construction shall be in conformity with the approved Development Plans. Periodically during construction, but at intervals of not less than 30 days, the Developer shall make reports in such detail as may reasonably be requested by the EDA concerning the actual progress of construction. Section 3.4 Certificate of Completion. Promptly after notification by the Developer of completion of the Minimum Improvements, the EDA shall inspect the construction to determine whether it has been substantially completed in accordance with the terms of this Agreement, including the date for the completion thereof. In the event that the EDA determines that the construction has been completed substantially in accordance with the Development Plans and applicable regulations, the EDA shall furnish the Developer with a Certificate of Completion in the form of Exhibit B. Such certification by the EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct the Improvements. Section 3.5 Property Acquisition. The real property necessary to be acquired for the Development consists of the Developer's<Parcels and the Imre Parcels. The Imre Parcels shall be acquired by the EDA and reconveyed to Developer in accordance with the Acquisition Agreement. In lieu of the acquisition by the EDA of the Developer's Parcels and reconveyance by the EDA of the Developer's Parcels to the Developer, the Developer shall at its expense acquire good and marketable title to the Developer's Parcels from the existing owners. The cost to the EDA of acquisition of the Imre Parcels and any related relocation costs shall be considered a Public Acquisition and Relocation Cost hereunder. The EDA makes no representation or warranty as to the status of title to the Property or as to the suitability of the Property for the Developer's purposes. Section 3.6 Demolition. Within _ months after the acquisition of any parcel of Property, the Developer shall demolish all the buildings and other improvements thereon. a`ai Any demolition costs paid by the Developer or EDA with respect to the Property shall be deemed Demolition and Soil Correction Costs hereunder. Section 3.7 Relocation. The EDA shall pay any relocation costs required to be paid by the EDA under Chapter 117, Minnesota Statutes, or any other law and shall be promptly reimbursed by the Developer. Any relocation costs paid by or on behalf of the EDA (including those reimbursed by the Developer) shall be considered Public Acquisition and Relocation Costs hereunder. Section 3.8 Soil Correction. Any costs paid by the Developer to remedy the soil correction problems described in Exhibit I hereto shall be deemed Demolition and Soil Correction Costs hereunder. Section 3.9 Letter of Credit. As security for its obligations hereunder, the Developer shall deliver to the EDA a Letter of Credit issued by a bank acceptable to the EDA. The Letter of Credit shall be in an amount equal to the amount of the Public Acquisition and Relocation Costs, Demolition and Soil Correction Costs and Public Development Costs incurred or reasonably estimated to be incurred by the EDA hereunder less the amount of any letter of credit provided under the Acquisition Agreement and shall otherwise be in a form acceptable to the EDA. Upon reimbursement of the EDA in accordance with Sections 3.5, 3.6 and 3.7 the amount of the Letter of Credit may be reduced by a corresponding amount. Upon the issuance of the Certificate of Completion the EDA shall return the Letter of Credit to the Developer. The EDA may draw on the Letter of Credit on the earlier of (i) 20 days prior to its expiration date, or (ii) the occurrence of an Event of Default hereunder. Section 3.10 Construction of Public Improvements. The City agrees to complete the Public Improvements as a local improvement under Minnesota Statutes, Chapter 429, by or such later date as may be approved by the Developer. Section 3.11 Assessments. The City may assess all or any portion of the Property and other benefited properties pursuant to Minnesota Statutes, Chapter 429, for that portion, if any, of the cost of the Public Improvements which may be lawfully assessed against such property, except as otherwise provided by agreement of the City. The parties agree that no provision of this Agreement shall limit the right of the City to assess the Property for their respective lawful share of the assessable costs of the Public Improvements. In addition, the property owners shall pay the cost of the usual charges for water and sewer utility service for the Property. ~.~- ARTICLE N. LIMITATION UPON ENCUMBRANCE• PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; SUBORDINATION Section 4.1 Limitation Upon Encumbrance of Development. Prior to the issuance of the Certificate of Completion, neither the Developer nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for acquiring and developing the Property and making the Minimum Improvements and such additional funds, if any, in an amount not to exceed the costs of developing the project without the prior written approval of the EDA. The EDA shall not approve any Mortgage which does not contain terms which conform to the terms of this Article IV of this Agreement. Section 4.2 Representation as to Development. The Developer represents and agrees that its undertakings pursuant to the Agreement are for the purpose of implementation of the Development and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development to the general welfare of the EDA and the substantial financing and other public aids that have been made available by the EDA and the City for the purpose of making the Development possible, the qualifications and identity of the Developer are of particular concern to the EDA. The Developer further recognizes that it is because of such qualifications and identity that the EDA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Developer for the faithful performance of all undertakings and covenants agreed by Developer to be performed. Section 4.3 Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons set out in Section 4.2 of this Agreement, the Developer represents and agrees that, prior to the completion of the Minimum Improvements as certified by the EDA: (a) Except only (i) transfers to an entity or to a person or persons effectively controlling, controlled by or under common control with the Developer which has assumed by written instrument satisfactory to the EDA all of the Developer's obligations hereunder and (ii) transfers or encumbrances for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to acquire and develop the Property and perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement, the Developer, except as so authorized, has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the EDA; and as3 (b) The EDA shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval under this Section 4.3 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the EDA, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer, or, in the event the transfer is of or relates to part of the Development, such obligations to the extent that they relate to such part; (ii) any proposed transferee, by instrument in writing satisfactory to the EDA and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the EDA, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or relates to part of the Development, such obligations, conditions, and restrictions to the extent that they relate to such part; provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so, shall not, unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the EDA, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the EDA of or with respect to any rights or remedies or controls with respect to the Development or the construction of the Improvements; it being the intent of this Section 4.3, together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement no transfer of, or change with respect to, ownership in the Development or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the EDA, of any rights or remedies or controls provided in or resulting from this Agreement with respect to the Development and the construction of the Improvements that the EDA would have had, had there been no such transfer or change; and (iii) there shall be submitted to the EDA for review all instruments and other legal documents involved in effecting transfers described herein, and, if approved by the EDA, its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the EDA to the contrary, no such transfer or approval by the EDA thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. Section 4.4 Subordination and Modification for the Benefit of Mortgagees. (a) In order to facilitate the obtaining of temporary or permanent financing for the acquisition and development of the Property and construction or purchase of the Improvements by the Developer, the EDA agrees to subordinate its rights under this Agreement to the holder of any mortgage entered into for the purpose of obtaining such financing. (b) In order to facilitate the obtaining of financing for the acquisition and development of the Property and construction of the Minimum Improvements, the EDA a3v agrees that it shall agree to any reasonable modification of this Article IV or waiver of its rights hereunder to accommodate the interests of the holder of the mortgage, provided, however, that the EDA determine, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the EDA with respect to the Development. ARTICLE V. TAX INCREMENT NOTE Section 5.1 Issuance of Tax Increment Note. Subject to the further provisions of this Section, the EDA shall, upon acquisition of the Developer's Parcels and completion of the Minimum Improvements and the issuance of a the Certificate of Completion therefor, issue to the Developer a Tax Increment Note substantially in the form of Exhibit C hereto. The principal amount of the TIF Note shall be $700,000. The TIF Note shall bear interest at the rate of 7.00% per annum, and shall be payable in semiannual installment payments payable on August 1, 2005 and each February 1 and August 1 thereafter to and including February 1, 2029. Interest accrued from the date of issue shall be added to the principal amount. The TIF Note shall mature on February 1, 2029. The EDA may prepay the TIF Note in whole or in part on any scheduled payment date. The TIF Note shall be issued in consideration of the Developer's funding of land acquisition, demolition and relocation costs and construction of the Minimum Improvements to be constructed under this Agreement. The Developer covenants and agrees not to sell, transfer or convey the TIF Note without the express written consent of the EDA; provided, however, that the Developer may, without such consent, pledge or grant a security interest in a TIF Note to a lender as security for a loan. The Developer acknowledges that the EDA makes no representations as to the adequacy of tax increments available to pay the TIF Note. The TIF Note shall be payable solely from the available tax increment from the TIF District received by the EDA to the extent provided in Section 5.2 hereof and the EDA shall have no other liability on the TIF Note, nor shall the TIF Note be payable out of any funds or properties of the EDA or City other than tax increment from the TIF District. Section 5.2 Tax Increment Available for TIF Note. The semi-annual installments due on February 1 and August 1 of each year shall be paid solely from the tax increment actually received by the EDA from the TIF District, after deducting 10% of such increment for allowable administrative expenses. Available tax increment shall be applied first to accrued and unpaid interest and then to principal. No installments are required to be paid after February 1, 2029, regardless of whether the TIF Note has been paid in full. ARTICLE VI. EVENTS OF DEFAULT a3s Section 6.1 Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, if such failure shall continue for a period of thirty (30) days after written notice of such failure is given by the EDA or the City to the Developer; provided ,however, that if such failure is of such nature that it cannot with diligence be cured within thirty (30) days, and provided further that within such thirty (30)-day period the Developer has commenced such cure and thereafter diligently prosecutes such cure, such thirty (30)-day period shall be extended to the period reasonably necessary to cure such failure; (b) If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development; (c) If the Developer shall file a petition under the federal bankruptcy laws; or (d) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the Developer, a receiver of the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 120 days from the date of entry thereof. Section 6.2 Remedies on Default. Whenever any Event of Default occurs, the EDA and the City may, in addition to any other remedies or rights given the EDA and the City under this Agreement take any one or more of the following actions: (a) suspend their performance under this Agreement until they receive assurances from the Developer, deemed reasonably adequate by the EDA or the City, that the Developer will cure its default and continue its performance under this Agreement; (b) cancel or rescind this Agreement and the TIF Note; (c) draw on the Letter of Credit; (d) withhold the Certificate of Completion; or a.~s (e) take whatever action at law or in equity may appear necessary or desirable to the EDA or the EDA to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 6.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VI. Section 6.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VII. ADDITIONAL PROVISIONS Section 7.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the EDA shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the EDA or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 7.2 Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and non-discrimination, shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. Section 7.3 Notice of Status and Conformance: At such time as all of the provisions of this Agreement have been fully performed by the Developer, the EDA and the City shall, upon not less than ten days prior written notice by Developer, execute, acknowledge and deliver without charge to Developer or to any person designated by Developer a statement in writing in recordable form certifying the extent to which this Agreement has been fully performed and the obligations hereunder fully satisfied. Section 7.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party X37 to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the EDA: Executive Director Eagan Economic Development Authority of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (b) As to the Developer: Interstate Partners LLC 860 Blue Grentin Road, Suite 175 Eagan, MN 55121 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 7.4. Section 7.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. Section 7.6 Litigation; Undertakings. The Developer acknowledges that it has been advised that certain property owners have commenced litigation questioning the validity of the Tax Increment Financing District. Neither the City nor the EDA make any warranties as to the outcome of the litigation or its potential impact on the Tax Increment Financing District. In the event of a final judicial determination which invalidates the Tax Increment Financing District or results in the Property not being included or includable in the Tax Increment Financing District, the City and the EDA shall take any of the following actions reasonably requested by the Developer: (i) reform the Tax Increment Financing District under any available law in such manner that the District includes the Property and has the maximum duration limit permitted by law, (ii) request the Legislature to enact remedial legislation to authorize the action described in the previous clause, and (iii) approve and seek Dakota County approval of tax abatement authority in a manner which approximately equals the value of the tax increment subsidy described herein. [The balance of the page intentionally left blank.] ~3~ IN WITNESS WHEREOF, the EDA and the City have caused this Agreement to be duly executed in their names and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Chair And By Executive Director INTERSTATE PARTNERS CITY OF EAGAN By Mayor And By City Clerk a39 STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , by and the Chair and Executive Director of the Eagan Economic Development Authority, a municipal corporation under the laws of the State of Minnesota, on behalf of the Economic Development Authority. Notary Public av~ STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by Interstate Partners. Notary Public a'~i STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , by and the Mayor and City Clerk of the City of Eagan, a municipal corporation under the laws of the State of Minnesota. Notary Public M 1:910392.01 a"va- EXHIBIT A DESCRIPTION OF PROPERTY a's~3 EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Interstate Partners has fully and completely complied with its obligations for under Article III of that document entitled "Development Agreement," dated between the Eagan Economic Development Authority, the City of Eagan and Interstate Partners with respect to construction of the Improvements in accordance with the approved construction plans and is released and forever discharged from his obligations to construct under such above-referenced Article. DATED: ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director ays~ EXHIBIT C $700,000 UNITED STATES OF AMERICA STATE OF MINNESOTA EAGAN ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE The Eagan Economic Development Authority, (the "EDA"), Minnesota, for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to (the "Owner") the principal sum of Seven Hundred Thousand Dollars ($700,000), in semi-annual installments commencing August 1, 2005 and due on each February 1 and August 1 thereafter up to and including February 1, 2029 (each being a "Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance of this Note at the rate of 7.00% per annum. Interest on the outstanding balance of this Note shall accrue from the date hereof and shall be added to the principal amount on each February 1 unless paid. Semi-annual installment payments shall be applied first to interest and then to reduction of the outstanding principal. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note is subject to prepayment on any Scheduled Payment Date at the option of the EDA, in whale or in part, upon payment to the Owner of the principal amount of the Note to be prepaid, without premium or penalty. THIS NOTE IS TRANSFERABLE ONLY WITH THE CONSENT OF THE EDA AND ONLY UPON THE REGISTER OF THE EDA TREASURER, AS REGISTRAR, BY THE OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY. This Note is a special and limited obligation and not a general obligation of the EDA, which has been issued by the EDA pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to aid in financing a "project", as therein defined, of the EDA consisting generally of defraying certain costs incurred and to be incurred by the EDA within and for the benefit of its Tax Increment Financing District No. 2-4. This Note is issued pursuant to a Development Agreement dated as of , 2002 between the EDA and the Owner (the "Development Agreement"). THE NOTE IS NOT A DEBT OF THE EDA OR THE STATE OF MINNESOTA, AND NEITHER THE EDA, THE STATE NOR ANY POLITICAL C-1 ~, a~~ SUBDIVISION THEREOF SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. The principal of and interest on this Note is payable solely from and only to the extent of Available Tax Increment received by the EDA as of each Scheduled Payment Date which has not previously been applied to payment of this Note. For purposes of this Note, the term "Available Tax Increment" means 90% of all tax increment received in the year preceding a Scheduled Payment Date with respect to the real property described in Exhibit A of the Development Agreement. Such real property constitutes a portion of the EDA's Tax Increment Financing District No. 2-4. The EDA shall pay to the Owner on each Scheduled Payment Date all Available Tax Increment on that date to the extent necessary to pay principal and interest then due and any past due installment. To the extent that the EDA is unable to pay the total principal and interest due on this Note at or prior to the February 1, maturity date hereof as a result of its having received as of such date insufficient Available Tax Increment, such failure shall not constitute a default under this Note and the EDA shall have no further obligation hereon. . If the Development Agreement shall terminate pursuant to the terms thereof, and in certain other circumstances specified in the Development Agreement, the Available Tax Increment shall for each year thereafter be deemed to be zero, and this Note shall thereupon be automatically canceled, without further obligation hereon of the EDA whatsoever. This Note shall not be payable from or constitute a charge upon any funds of the EDA, and the EDA shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the EDA or of any other public body, and neither the EDA nor any council member, officer, employee or agent of the EDA, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation. a~-~ IN WITNESS WHEREOF, the EDA of Eagan has caused this Note to be executed by the manual signatures of the President and Executive Director of the EDA, all as of the day of ECONOMIC DEVELOPMENT AUTHORITY President ATTEST: Executive Director a~i ~ (Form of Transfer) For value received, the undersigned Owner does hereby assign and transfer the foregoing Note to the named Assignee, and the undersigned Treasurer of the EDA of Eagan, as registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond register in the name of such Assignee. Signature of Date of Transfer Name of Assignee Signature of Owner Executive Director on Re ig_ster a`~~ EXHIBIT D Development Plan Documents The Development Plans consist of M 1:910392.01 ay'9