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02/04/2003 - City Council Regularr~ AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUII.DING FEBRUARY 4, 2003 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Oath of Office -Police Officers IV. CONSENT AGENDA J~ 3 A. APPROVE MINUTES `/~/js B. PERSONNEL ITEMS / /~ C. CHECK REGISTERS ~/8' D. APPROVE modification to November 7, 2002 City Council Minutes ~~~ E. APPROVE change in management on liquor licenses at SuperAmerica stores #4335 and 4464 ya j F. APPROVE Operations Committee recommendations regarding "The Blast" (indoor playground) ~~~ G. APPROVE Thomas Lake Fishing Pier Cooperative Agreement with DNR tlaS H. APPROVE Duplex Lot Split, Glenn Hartzell, A Waiver of Subdivision to split a twin home on ~" Lot 8, Block 5, Wilderness Run 5'~ Addition for individual ownership, located at 1327 and 1329 Easter Lane in the NW 1 /4 of Section 27. ~~ I. APPROVE Plans and Specifications and authorize advertisement for bid for Contract 03-02 (Lexington Place/Drexel Heights -Street Improvements) p3~ J. APPROVE Change Order No. 4 for Contract 01-12 (July 2000 Storm Mitigation -Storm Sewer / Improvements) p3~ K. APPROVE Change Order No. 4 for Contract 01-13 (July 2000 Storm Mitigation -Storm Sewer / Improvements) p j~ L. APPROVE Change Order No. 2 for Contract 01-15 (July 2000 Storm Mitigation -Storm Sewer Improvements) / ,3y M. RECEIVE Bids /Award Contract -Contract 03-06 (Sewer Line Renovation for Cured In-Place Pipe) N. ACKNOWLEDGE Completion and Authorize City Maintenance for Project 00-C (Murphy Farm 3`d Addition) Q~ O. APPROVE annual D.A.R.E. and Police Liaison Services Agreement for the 2002-2003 school I _ year with ISD 196 ~yQ P. Accept DNR Metro Greenway Grant Award; Awazd Greenway Study Contract to Dakota County Soil and Water District py~ Q. APPROVE 2003 Commercial Fertilizer License Renewal V. 6:30 -PUBLIC HEARINGS ~,f~,s A. Vacate Public Easement (Lot 2, Block S, Wilderness Run 4~' Addition) Q (will be continued to 2118/03) y 7 B. Project 882, Crestridge Lane -Street Rehabilitation) ~,,6,s C. Project 680, Final Assessment Hearing, (Cliff Road -Street & Utility Improvements) VI. OLD BUSINESS / 1 A. Request for Reconsideration of Variance - Duane Olson g~ B. Findings of Fact for Denial of Variance -Duane Olson VII. NEW BUSINESS g',s A. Development Agreement -Keystone Communities of Eagan LLC // j B. Interim Use Permit -Road Equipment Parts Center. An Interim Use Permit to allow outdoor storage on part of Lot 1, Block 1, lying in section 11 and I2 Borchert Ingersoll, Inc. IS` Addition, lying west of 3275 Dodd Road in the SE % of Section 11. pJa 9 C. Comprehensive Guide Plan Amendment -City of Eagan. A Comprehensive Guide Plan Amendment to consider guide plan designations on property located on all quadrants of the Highway 13 and Highway 77 Intersections (Special Area No. 5) in Section 19 and the south half of Section 18. r / ~ D. CDBG Funding for Fiscal Year 2003. tl /SOVIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMII~IISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads fo t 5! xI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Agenda Memo February 4, 2003 RECOGNITIONS AND PRESENTATIONS A. Oaths of Office Swearing in of the following new Police Officers: • David Letoruneau • James Proshek • Desiree Carlson • Darrin Schultz t~ ~,~.o. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 31, 2003 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 4, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 4, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 4, 2003 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 January 21, 2003 regular City Council meeting, the January 21, 2003 Listening Session, the January 21, 2003 special City Council meeting and the January 14, 2003 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the January 21, 2003 regular City Council meeting are enclosed on pages through ~. • Minutes of the January 21, 2003 Listening Session are enclosed on page ~. • Minutes of the January 21, 2003 special City Council meeting are enclosed on page /~. • Minutes of the January 14, 2003 special City Council meeting are enclosed on page /.S. 3 ~~ MINUTES OF A REGULAR MEETING OF THE R ~ EAGAN CITY COUNCIL Eagan, Minnesota January 21, 2003 A regular meeting of the Eagan City Council was held on Tuesday, January 21, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. 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 City Administrator Hedges recommended discussion regarding the installation of French doors in the Senior Room at the Community Center under Community Center Update. Councihnember Tilley moved, Councihnember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS CEDAR AVENUE TRANSITWAY STUDY Gene Franchett, Project Manager for Dakota County and Rick Nau of URS Inc. provided a presentation and update of the Phase II Cedar Ave. Corridor Transitway Study. CONSENT AGENDA The following items were removed from the Consent Agenda: A. Minutes: Pulled for modification to Jan. 21 minutes F. X-Cel Energy Agreement: Moved to Old Business T. Cedar Grove District Summary: Moved to Old Business Administrator Hedges distributed a correction to the proposed action for Item I (Project 806R) that deleted any reference to cancellation of Project 806. A. Minutes B. Personnel Items. 1. It was recommended to approve the hiring of Darrin Schultz as a Police Officer. 2. It was recommended to approve the hiring of Kathryn Hetherington and Amy Paul as dispatchers contingent upon successful completion of the psychological, medical and physical exams. 3. It was recommended to approve an amendment to the City of Eagan Basic Personnel Policy, Section 22, Tuition Reimbursement Policy. C. Check Re inters. It was recommended to ratify the check registers dated January 2, 2003 and January 16, 2003 as presented. D. 2003 Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License Renewals for Total Sanitation, Walters Recycling and Refuse and JME. E. 2003 Tree Contractor License Renewals. It was recommended to approve 2003 Tree Contractor License Renewals for R&R Tree Experts, Viking Land Tree Care Inc., Huston's Tree Service, Lawrence tree Removal, and Roggenbuck Tree Care. F. Xcel Ener~v Fundine Agreement. MOVED TO OLD BUSINESS G. Project 881. It was recommended to receive the Draft Feasibility Report for Project 881 (Twin View Manor /Erik's Boulevard -Street Lighting Improvements) and schedule a public hearing to be held on February 18, 2002. H. Proiect 883. It was recommended to receive the Draft Feasibility Report for Project 883 (Clearview Addition / Beecher Drive -Street Lighting Improvements) and schedule a public hearing to be held on February 18, 2002. I. Proiect 806R. It was recommended to receive revised feasibility report for Project 806R (Kennerick Addition -Storm Sewer Improvements), and schedule a public hearing to be held on February 18, 2003. Eagan City Council Meeting Minutes D R A F T January 21, 2003 Page 2 J. Wetland Replacement Plan. It was recommended to approve a wetland replacement plan for Project 843, JP-47 Alum Storage Basin Improvements. K. Project BOOR. It was recommended to approve a Traffic Control Signal Agreement for Project 800R (Cedar Grove Access Modifications) with the Minnesota Department of Transportation and authorize the Mayor and City Clerk to execute all related documents. L. Project 793. It was recommended to approve the Final Assessment Roll for Project 793 (MVTA Transit Station Sanitary Sewer Improvements Final Assessment Roll. M. Joint Powers Agreement. It was recommended to approve the 8-City Joint Powers Agreement for Street Maintenance Contractual Services and authorize the Mayor and City Clerk to execute all related documents. N. Sentence to Service Program. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work crews and authorize the Mayor and City Clerk to sign the appropriate documents. O. Lifeworks Services. Inc. It was recommended to approve renewal of a one-year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. P. Wetland Replacement Plan. It was recommended to continue consideration of the Wetland Replacement Plan - Kennerick Addition -City Project 806 until February 18, 2003. Q. Contract 03-05. It was recommended to continue the receipt of bids and contract award for Contract 03-OS (JP-47 Alum Storage Basin Improvements), until the February 4, 2003 City Council meeting. R. Change Order. It was recommended to approve Change Order #9, Community Center in the amount of $23,374. S. 2003 Commercial Fertilizer License Renewal. It was recommended to approve 2003 Commercial Fertilizer License Renewal for Total Lawn Care. T. Ordinance Amendment Summary. MOVED TO OLD BUSINESS U. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Comnttee to direct staff to obtain two artists rendering (internal and external) of the Community Center at a cost not to exceed $3,600. V. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Committee to set the hours of operation at the Community Center to e: Monday-Friday 5:45 a.m. - 9:45 p.m., Saturday 8:00 a.m. - 6:00 p.m., and Sunday Noon - 6 p.m. W. Operations Committee Recommendation. It was recommended to approve the recommendation of the Operations Committee to charge $117.50 for a birthday party (up to 10 people) at the Community Center, with a provision that if a party wishes to add a person to a party, an additional $11.75 per person will be charged. Councihnember Tilley moved, Councilmember Fields seconded a motion to approve the balance of the Consent Agenda as amended. Aye: 5 Nay: 0 A. Minutes: Councihnember Maguire noted that on page 3 of the January 7, 2003 City Council minutes he voted against a motion to approve a temporary variance to the Parkview Golf Course Site Plan conditions. Councihnember Tilley moved, Councihnember Fields seconded a motion to approve the minutes of the January 7, 2003 regular City Council meeting as amended, and the January 7, 2003 Listening Session as presented. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the minutes of the December 23, 2002 special City Council meeting as presented. Aye: 3 Nay: 0 Abstain: 2 (Geagan and Maguire) PUBLIC HEARINGS VARIANCE - DUANE OLSON City Administrator Hedges introduced this item regarding a request for athree-foot variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at 1250 Cliff Road. Senior Planner Ridley gave a staff report. S Eagan City Council Meeting Minutes January 21, 2003 Page 3 DRAFT Councihnember Carlson moved, Councihnember Fields seconded a motion to open the public hearing. Aye: S Nay: 0 Duane Olson, applicant, discussed his request for a variance to construct a fence to reduce noise and visual intrusion from traffic on Cliff Road. There was no further public comment. Councilmember Maguire moved, Councilmember Tilley seconded a motion to close the public hearing. Aye: S Nay: O Mayor Geagan and Councilmembers discussed the installation of vegetation for screening rather than a fence. Pubic Works Duector Colbert explained that Dakota County had compensated the property owner for existing vegetation that had been removed during the reconstruction of Cliff Road as part of the easement acquisition. Councilmember Carlson moved, Councilmember Fields seconded a motion to duect the City Attorney to prepare fmdings of fact to deny athree-foot Variance from the required maximum of 42 inches to construct a 6.5 foot fence in a front yard on property located at ] 250 Cliff Road in the NE '/< of Section 34 subject to the following conditions: Aye: 3 Nay: 2 Maguire and Tilley opposed CITY ORGANIZATIONAL BUSINESS ADVISORY COMMISSION APPOINTMENTS City Administrator Hedges discussed the interview process that had taken place on January 14, 2003 and then explained the ballot matrix that would be used for voton on members for each commission. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the procedure for appointing advisory commission appointments. Aye: 5 Nay: 0 Councilmembers were provided with ballots. The results were as follows: Advisory Plannin¢ Commission (APCI Ron Miller - 3 year term Carla Heyl - 3 year term Gary Hansen - 3 year term Ted Gladhill - 1 year term Paul Leeder - l year alternate term Advisory Park and Recreation Commission (APrCI Terry Davis - 3 year term Phil Belfiori - 3 year term Dorothy Peterson - 3 year term Ken West - 1 year alternate term Airport Relations Commission (ARCI Clint Hooppaw - 3 year term Nathan Krahn - 3 year term Stephen Nierengarten - 3 year term Steven Grooms - 1 year alternate term 6 Eagan City Council Meeting Minutes January 21, 2003 Page 4 Burnsville / Eagan Telecommunications Commission (BECTI Bill Raker - 3 year term Joseph Conlon - 3 year term Steven Chavez - 3 year term Economic Development Commission (EDC~ Kenneth Koch - 3 year term Raza Hasan - 3 year term Patricia Todd - 3 year term Maggie Jensen - 3 year term Wayne Gilbert - 2 year term Miguel Montesions - 1 year term alternate Gun Club Lake WMO Jerry Walerak - 3 year term Wayne Sames - 3 year term Gerald Engelke - 3 year term Steve Gjerde - 3 year alternate term CRAFT Councilmember Tilley moved, Councilmember Fields seconded a motion to ratify appointments to the advisory commissions. Aye: 5 Nay: 0 ACTING MAYOR Mayor Geagan appointed Councilmember Carlson as Acting Mayor. Councilmember Tilley moved, Councihnember Fields seconded a motion to ratify the appointment of Councilmember Carlson as Acting Mayor. Aye: 5 Nay: 0 OFFICIAL LEGAL NEWSPAPER Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve retention of Dakota County Tribune as the City of Eagan's official legal newspaper. Aye: S Nay: 0 CITY COUNCIL MEETING DATES Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the 2003 meeting schedule as follows: Aye: 5 Nay: 0 2002 Schedule of Regular City Council Meetings JANUARY 7 MAY 6 SEPTEMBER 2 JANUARY 21 MAY 20 SEPTEMBER lb FEBRUARY 4 JUNE 3 OCTOBER 7 FEBRUARY 18 JUNE 17 OCTOBER 21 MARCH 4 JULY 1 NOVEMBER 6 MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST 5 DECEMBER 2 APRIL 15 AUGUST 19 DECEMBER 16 * November 6 rather than November 4 due to Election Day. Eagan City Council Meeting Minutes January 21, 2003 Page 5 CRAFT There will be a Listening Session at 6:00 p.m. before each regular Council meeting 2003 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 14 FEBRUARY 11 & 12 Council Retreat FEBRUARY 25 (tentative) MARCH 11 MARCH 25 (tentative) APRIL 8 APRIL 22 (tentative) MAY 13 MAY 27 (tentative) JUNE 10 JI1NE 24 (tentative) JULY 8 JULY 22 (tentative) AUGUST 12 AUGUST 26 (tentative) SEPTEMBER 9 SEPTEMBER 23 (tentative) OCTOBER 14 . OCTOBER 28 (tentative) NOVEMBER 10 NOVEMBER 25 (tentative) DECEMBER 9 * November 10 rather than November 11, due to Veteran's Day. CITY COUNCIL MEETING PROCEDURES Councilmember Carlson moved, Councihnember Tilley seconded a motion to acknowledge Robert's Rules of Order as the means to conduct official business at all Regular City Council meetings and further approve the guidelines/handout for public participation in City Council meetings (with corrections made to make documents consistent). Aye: 5 Nay: 0 ' COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS Mayor Geagan made the following appointments: Finance Committee: Councihnember Carlson and Mayor Geagan Public Works Committee: Councihnember Fields and Councilmember Tilley Personnel Committee: Mayor Geagan and Councihnember Carlson Communications Committee: Councilmember Maguire and Councihnember Carlson Minnesota Valley Transit Authority Board: Councilmember Tilley School District #191: Councilmember Fields and Councilmember Tilley School District #196: Councilmember Fields and Councilmember Tilley School District #197: Councilmember Fields and Councihnember Tilley Municipal Legislative Commission: Mayor Geagan Councihnember Carlson moved, Councihnember Tilley seconded a motion to ratify the appointments to the standing committees and representative positions. Aye: 5 Nay: 0 OTHER APPOINTMENTS Mayor Geagan made the following appointments: Community CenterlCentral Park Teams: Operations: Mayor Geagan and Councilmember Carlson Partnerships: Mayor Geagan and Councihnember Tilley Councilmember Tilley moved, Councilmember Carlson seconded a motion to ratify the appointments to the community CenterlCentral Park Teams. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes D January 21, 2003 R~ Page 6 r r ADVISORY COMMISSIONS LIAISON ASSIGNMENTS Mayor Geagan made the following assignments for liaisons to the Advisory Commissions. Economic Development Commission: Mayor Geagan Advisory Parks and Recreation Commission: Councilmember Carlson Advisory Airports Commission Councihnember Fields Advisory Planning Commission: Councihnember Maguire Bumsville/Eagan Telecommunications Commission: Councilmember Tilley Councilmember Carlson moved, Councilmember Fields seconded a motion to ratify the assignments for liaisons to the Advisory Commissions. Aye: 5 Nay: 0 HOLZ FARM LONG RANGE PLANNING CORE COMMITTEE Mayor Geagan appointed Councilmember Fields to serve on the Holz Farm Long Range Planning Core Committee with Councihnember Carlson serving as backup. Councilmember Tilley moved, Councihnember Fields seconded a motion to ratify the appointment of Councilmember Fields (and Councilmember Carlson as backup) on the Holz Farm Long Range Planning Core Committee. Aye: 5 Nay: 0 MSP JOINT AIRPORT ZONING BOARD Councilmember Carlson moved, Councihnember Tilley seconded a motion to appoint Assistant Ciry Administrator Verbrugge and ARC Commissioner Michael Schlax to represent the City on the MSP Joint Airport Zoning Board. Aye: 5 Nay: 0 MSP NOISE OPERATIONS COMMITTEE Councihnember Fields moved, Councilmember Tilley seconded a motion to appoint Assistant City Administrator Verbrugge and City Administrator Hedges to represent the City on the MSP Noise Operations Committee. Aye: 5 Nay: 0 OLD BUSINESS WEB VENDOR CONTRACT City Administrator Hedges introduced this item regarding the City of Eagan's Web site. Communications Director Garrison made a presentation regarding the advantages of Web improvements. He recommended that a contract be approved with Quantum Art, Inc. for creation and installation of Web improvements. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a contract with Quantum Art, Inc for creation and installation of Content Management System and other Web improvements to the City of Eagan's Web site and an expenditure to redesign Eagan Home Page for ease of use and information delivery. Aye: S Nay: 0 AMENDMENT TO THE PARKVIEW GOLF COURSE DRIVING RANGE CONDITION REGARDING LIGHTING City Administrator Hedges introduced this item regarding a request by Parkview Golf Course to temporarily extend the hours of lighting on their driving range due to vandalism. Shane Korman representing Parkview Golf Course discussed the need for the temporary extension of lighting hours on the driving range. 9 Eagan City Council Meeting Minutes p R A F T January 21, 2003 Page 7 Chief of Police Therkelsen discussed the vandalism that has occurred to the Parkview Golf Course property. Three area residents expressed their opposition to the extension of the lighting hours. Councihnember Maguire moved, Councihnember Carlson seconded a motion to deny an amendment to condition #3 of the Site Plan approval for the Parkview Golf Course Driving Range. Aye: 5 Nay: 0 NORTH FIELDS -CONSIDER PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID City Administrator Hedges discussed this item regarding the proposed multi-purpose athletic facility at North Fields Park. Councilmember Tilley moved, Councihnember Carlson seconded a motion to approve plans and specifications and authorize public bidding for the construction of athletic fields and infrastructure at North Fields Park. Aye: 5 Nay: 0 PUBLICATION OF CEDAR GROVE DISTRICT SUMMARY City Administrator Hedges introduced this item regarding a summary for publication of the Cedar Grave District amendment to Chapter 11 of the Eagan City Code. Councihnember Carlson discussed related items in the minutes of the December 23, 2002 Special City Council meeting minutes and recommended that the Council support the recommendations of the Advisory Planning Comrnission. Councilmember Carlson moved, Councihnember Fields seconded a motion to reconsider the ordinance amendment regarding the Cedar Grove District. Aye: S Nay: 0 Councihnember Carlson moved, Councihnember Fields seconded a motion to modify the ordinance amendment as follows: Number 5 of E, Lot Area, Lot Width and Yard Requirements: In the CGD, at least 85% (eighty five percent) of the street frontage of any lot shall be occupied by building facades meeting the build-to line. Other portions of a building beyond the 85% may be setback farther than required by the build-to line. Aye: S Nay: 0 Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve the summary, as amended, of the Cedar Grove District amendment to Chapter 11 of the Eagan City code entitled "Land Use Regulations (Zoning)" for publication. Aye: 5 Nay: 0 FUNDING AGREEMENT WITH XCEL ENERGY FOR CONTRACT 02-17 (CEDAR GROVE REDEVELOPMENT AREA - STREETSCAPING City Administrator Hedges presented the issues of this item regarding an agreement between the City of Eagan and Xcel Energy addressing the City Requested Facility Surcharge (CBEs) payment method for the burying of the overhead Xcel electrical lines in the Cedar Grove Redevelopment area. Councilmember Tilley moved, Councihnember Carlson seconded a motion to approve a City Requested Facility Surcharge Agreement for Project 866 (Cedar Grove Redevelopment Area - Streetscaping) with Xcel Energy and authorize the Mayor and City Clerk to execute all related documents. Aye: S Nay: 0 /0 Eagan City Council Meeting Minutes January 21, 2003 D R A F T Page 8 NEW BUSINESS RECEIVE PETITION FOR STOP SIGN AT SLATER ROAD AND STORLAND ROAD /WALL STREET City Administrator Hedges introduced this item regarding a petition requesting an all-way stop sign on Slater Road at the intersection of Storland Road and Wall Street. Public Works Director Colbert stated that warrants established by the Minnesota Manual on Uniform Traffic Control Devices are not met at the petitioned intersection. Michael Cooper, a resident of Slater Road discussed incidents that have occurred in the neighborhood due to excess speed on Slater Road. Councilmember Tilley moved, Councihnember Fields seconded a motion to receive a petition for and deny an all way stop sign at the intersection of Slater Road and Storland Road/Wall Street. Mayor Geagan stated he felt a stop sign would be beneficial to the area. Mayor Geagan, Councihnembers and staff discussed the issue. Councilmember Tilley withdrew the motion to deny the all way stop sign. Councilmember Fields moved, Councihnember Tilley seconded a motion to receive a petition for and approve an all way stop sign at the intersection of Slater Road and Storland Road/Wall Street. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE The issue of French doors vs. the current door into the Senior Room and proposed changes to the women's locker room were discussed. Councihnember Fields moved, Councilmember Carlson seconded a motion to leave the Senior Room as it is currently. Aye: 4 Nay: 1 (Tilley opposed) Councihnember Carlson moved, Councilmember Fields seconded a motion to support the Operations Committee recommendation regarding the women's locker room. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Mayor Geagan called a recess at 10:06 and immediately convened a meeting of the Econonric Development Authority. After adjournment of the EDA, the Mayor reconvened the Council meeting at 10:25 p.m. and introduced "Visitors to be Heard". City Attorney Dougherty asked that a formal motion be made to adopt the ordinance amendment regarding Cedar Grove . Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt the Zoning Ordinance Amendment to Chapter 11. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Maguire moved, Councihnember Tilley seconded a motion to adjourn the meeting at 10:25 p.m. Date Deputy City Clerk // Eagan City Council Meeting Minutes January 21, 2003 Page 9 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. /~ MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL JANUARY 21, 2003 ~~' 6:00 P.M. The Eagan City Council held a Listening Session on January 21, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Chuck Fisher, representing a Seniors Committee working on programs for the Community Center, discussed the need for more communication between the City Council and Seniors. He stated the Committee will be involved with scheduling of the Senior Room, hours of operation, and budget for furnishings, etc. Bea Bloomquist, representing "HOMERUN" (Homes of Many Egan Residents Unite Now) discussed concerns regarding development of the Lebanon Hills Regional Park Storm Water Management Plan development. She requested that the City facilitate a joint meeting with Dakota County, City staff, Council and the HOMERUN residents. The meeting adjourned at 6:30. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk /3 MINUTES OF A SPECIAL CITY COUNCIL MEETING JANUARY 21, 2003 5:15 P.M. CITY HALL CONFERENCE ROOMS 2A &2B A Special City Council meeting was held on Tuesday, January 22, 2003 at 5:15 p.m. at the Eagan Municipal Center. Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire were present, along with City Administrator Hedges, Director of Administrative Services VanOverbeke, Assistant to the City Administrator Lord, Public Works Director Colbert, and Superintendent of Utilities Schwarz. ROLL CALL AND AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 (Councilmember Maguire was not present) Councilmember Maguire arrived at 5:25 p.m. NORTH WATER TREATMENT PLANT UPDATE Public Works Director Colbert, with Project Manager Steve Nelson and Project Architect Duane Day (SEH Inc. consultants), presented the 60% plans and architectural renderings of the North Water Treatment Plant expansion, including a Virtual Reality Imaging (VRI) of the proposed facility showing before and after visual perspectives. Colbert noted that the expansion was the planned final phase of the community's water treatment system and will increase the current plant's capacity from 12 million gallons per day (MGD) to 22 MGD, meeting the projected build-out needs of the community. The Council reviewed the preliminary cost estimate and the anticipated schedule for the project. Colbert informed the Council that a neighborhood meeting is scheduled for February 6, which will be an opportunity for neighbors to learn about the expansion plans and ask any questions that they may have. Mayor Geagan noted that Blue Cross officials have expressed an interest in reviewing this information as well. Colbert stated that the 90% plans and architectural renderings will be brought back to the City Council for their review at the special workshop tentatively planned for March 11, 2003. OTHER BUSINESS There was no other business. The meeting adjourned at 5:45 P.M. Date ADJOURNMENT 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. /y MINUTES OF A SPECIAL CITY COUNCIL MEETING JANUARY 14, 2003 5 P.M. CITY HALL CONFERENCE ROOMS 2A &2B A Special City Council meeting was held on Tuesday, January 14, 2003 at 5:00 p.m. at the Eagan Municipal Center to interview Advisory Commission applicants. Those present at the meeting were: Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire, as well as City Administrator Hedges. ROLL CALL AND AGENDA Motion carried to approve the agenda as presented. INTERVIEW ADVISORY COMMISSION APPLICANTS The City Council interviewed 27 applicants for positions on Eagan Advisory Commissions. City Administrator Hedges stated that action to appoint the Advisory Commission applicants is scheduled for the January 21 regular City Council meeting. ACTION RE: OPERATIONS COMMITTEE RECOMMENDATIONS, i.e. SLIDING HILL AT CENTRAL PARK City Administrator Hedges introduced the recommendations of the Operations Committee that were presented at the January 7 Council meeting. Hedges noted that official action was not taken at that meeting and is necessary for the City to proceed with marketing the sliding hill at Trapp Farm. The City Council approved the following recommendations ofthe Community Center Operations Committee: • Seta $2 rate for sliding at Trapp Farm. • Close the Central Park sliding hill for 2003. • Approve the recommended layout of the teen center (as provided by Councilmember Carlson) • Authorize City staff to prepare a list of persons to be allowed to enter the Community Center while under construction, which would include the Councilmembers (there continue to be issues of unaccompanied citizens entering the construction site). OTHER BUSINESS There was no other business. The meeting adjourned at 10 P.M. Date ADJOURNMENT 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. Agenda Information Memo February 4, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Collective Bargaining Agreement/Clerical Unit ACTION TO BE CONSIDERED: To approve the 2003-2004 collective bargaining agreement with the clerical bargaining unit (Teamsters Loca1320). FACTS: The City of Eagan and the clerical bargaining unit have been bargaining in good faith since the beginning of October 2002. The clerical bargaining unit has voted to approve the Council's last offer to them for the 2003-2004 collective bargaining agreement with the unit. It would be appropriate at this time for the Council to officially approve the agreement. /6 Agenda Information Memo February 4, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated January 23 2003 and January 30, 2003 as presented. ATTACHMENTS: Check registers dated January 23, 2003 and January 30, 2003 are enclosed without page number. /~ Agenda Memo February 4, 2003 CONSENT AGENDA: D. Modification to November 7, 2002 City Council Minutes ACTION TO BE CONSIDERED: Approve modification to page three of the November 7, 2002 City Council Minutes, adding item GG approving a proposal by I-Net and Sub-Net for wiring at the Eagan Community Center. FACTS: • After viewing the video tape of the November 7, 2002 Council meeting, it was discovered that the following item, which was added during approval of the agenda, was inadvertently left out of the minutes. GG. Wirin~posal. It was recommended to approve a proposal by I-Net and Sub-Net for wiring at the Eagan Community Center to be funded with franchise fees. ATTACHMENTS: • Attached as pages through ~ are pages 1, 2, and 3 of the modified minutes of the November 7, 2002 City Council meeting. /~ MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 7, 2002 A regular meeting of the Eagan City Council was held on Tuesday, November 7, 2002 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers 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 It was noted that item (GG) was being added to the consent agenda. Councilmember Tilly moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS EAGAN LIONESS BRICK PRESENTATION Members of the Eagan Lioness Club recognized Ella Englert, Hilda Rahn, and the Joe Kennealy Fan Company with a special brick honoring their longevity as residents of the community. CONSENT AGENDA A. Minutes. It was recommended to approve the minutes of the October 15, 2002 regular City Counci] meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Colleen Mathiason and Cyndi Huonder as part- time seasonal preschool program instructors. 2. 1t was recommended to authorize the position of Rental Coordinator/Community Center and advertisement of the position. 3. It was recommended to authorize the position of Fitness Coordinator/Community Center nd advertisement of the position. 4. It was recommended to approve the appointment of Dave DiIoia as a Day Battalion Chief for the Eagan Volunteer Fire Department. 5. It was recommended to approve the recommendation of the City's Health Insurance Committee and the City Council Personnel Committee that the can ent dual choice option (Medics and Health Parhrers) using the blended rate approach be continued for 2003 with the addition of a Mid Plan option to be available along v.~ith the High Plan option. C. Check Re isters. It was recommended to ratify the check registers dated October 17, 2002, October 24, 2002 and October 31, 2002 as presented. D. Trash Hauler License Renewals. It was recommended to approve 2003 Trash Hauler License renewals for All-Star Disposal, Schill's Dumpster Service, Randy's Sanitation, The Buckingham Companies and New Earth Services. E. New Trash Hauler License. It was recommended to approve 2003 new Trash Hauler License for Schill's Dumpster Service. F. Tobacco License Renewals. It was recommended to approve 20t 3 License renewals for: Oasis Market #5685; Rainbow Foods; Walgreens #2766; Tobacco Outl~•:; Tom Thumb; Eagan Citgo; Food `n' Fuel; Walgreens #1773; Walgreens #5081; E&M Liquor; McC~ s Inc.; Comer's Lone Oak Liquors. G. 2003 Commercial Fertilizer License Renewals. It was recommenced to approve 2003 Commercial Fertilizer license Renewal for Weedman, 6846 Washington Aveaue South, Eden Prairie, MN. H. Decertification of Tax Increment Financing District No. 2. It was recommended to approve a resolution acknowledging the decertification of Tax Increment Fin;iacing District No.2 (NW 02'8 Airlines/Cray Research). I. Revolving Internal Loan. It was recommended to approve the rescl trion approving the terms of a 02-84 revolving internal loan in connection with TIF District No. 2-3 (Highway 55/149 Redevelopment). J. Revolving Internal Loan. It was recommended to approve the resolution approving the leans of a 02-85 revolving internal loan in connection with Tff District No. 2-4 (Highway 55/149 Redevelopment). /9 Eagan City Council Meeting Minutes November 7, 2002 Page 2 K. Revolving Internal Loan. It was recommended to approve a resolution approving the terms of a 02-Rfi revolving internal loan in connection with the TIF District No. 1 (Cedar Grove Redevelopment). L. Waiver of Fee. It was recommended to approve the request to waive building pemut fee for Dakota Woodlands tent for a one day fund raising event. M. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. N. Final Subdivision (Eagan Preservel -Duke Construction. It was recommended to approve a Final 02-87 Subdivision to create two lots and two outlots on approximately 21 acres of land located north of Yankee Doodle Road at Federal Drive in the S %z of Section 9. O. Termination of Agreement. It was recommended to approve the temunation of the Well Field Development Agreement as it pertains to the Eagan Preserve Development and authorize the Mayor and City Clerk to execute all related documents. P. Final Plat. It was recommended to approve a Final Plat (Neisius Addition) to create one single family 02-RA lot combining Outlot B and C of Dodd View Addition, located at the comer of Red Pine Lane and Highway 3. Q. Project 883. It was recommended to receive the petition and authorize the preparation of a Feasibility Report by the City Engineer for Project 883 (Beecher Drive -Street Lighting Improvements). R. Proiect 764R. It was recommended to receive the updated Draft Feasibility Report for Project 764R (Sehnark/HarveyBurrview Acres Additions -Street Improvements) and schedule a public hearing to be held on December 2, 2002. S. Project 851. It was recommended to receive the draft feasibility report for Project 851 (Town Centre - Streetand Traffic Management Improvements) and schedule a public hearing to be held on December 2, 2002. T. Project 875. It was recommended to receive the Draft Feasibility Report for Project 875 (Lexington Place/Lexington Place South Additions -Street Improvements) and schedule a public hearing to be held on December 2, 2002. U. Project 876. It was recommended to receive the Draft Feasibility Report for Project 876 (Drexel Heights Addition -Street Improvements) and schedule a public hearing to be held on December 2, 2002. V. Proiect 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue -Divided Four-Lane Upgrade) with the owner of Parcel ] 0-22516-010-01 (Skyline Displays) and authorize the Mayor and City Clerk to execute all related documents. W. Contract 02-18. It was recommended to approve Contract 02-18, City Wide Sanitary Sewer Lining and Reconstruction), award the contract to Insituform Technologies USA, Inc., for the base bid in the amount of $105,600.00 an authorize the Mayor and City Clerk to execute all related documents. X. Contract 02-04. It was recommended to approve the final payment for Contract 02-04 (2002 Citywide Trail Improvements) in the amount of $6,792.46 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on December 2, 2002. Z. AUAR. It was recommended to approve a resolution adopting the Final Alternative Urban Areawide 02-89 Review (AUAR) and Mitigation Plan for the Cedaz Grove Redevelopment Area. AA. Project 99-U. It was recommended to acknowledge the completion of Contract 99-U (Majestic Oaks 2"d Addition -Street and utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. BB. S,-,necial City Council Workshop. It was recommended to schedule a special City Council workshop for November 26, 2002 at 5:30 pm. CC. Liquor License. It was recommended to approve a change in officers on liquor license at Silver Bell Liquor, Inc. located at 1983 Silver Bell Road. DD. Minnesota Manufacturing and Technology Week. It was recommended to authorize an unbudgeted expenditure in the amount of $114.98 for Minnesota Manufacturing and Technology Week. EE. Tree Contractor License Renewal. It was recommended to approve a 2003 Tree Contractor License renewal for Huston's Tree Service, 14847 Haven Drive, Apple. FF. Project 790R. It was recommended to approve an assessment agreement for Project 790R (Central Pazkway, Streeu and Utilities) with the owners of the Perron Farm property (Parcel 10-00900-010- 79) and authorize the Mayor and Ciry Clerk to execute al] related documents. Eagan City Council Meeting Minutes November 7, 2002 Page 3 GG. Wiring Proposal. It was recommended to approve a proposal by I-Net and Sub-Net for wiring at the Eagan Community Center to be funded with franchise fees. PUBLIC BEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BII.LS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent false alarm bills. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Ayes: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent weed cutting bills, stating currently there is one delinquent bill in the amount of $221.66. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP SERVICE BII,LS City Administrator Hedges discussed this item regarding the final assessment roll for delinquent board up bills, stating currently there is one delinquent bill in the amount of $1,221.80. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and fumed discussion back to the Council. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent board up service bills and authorize its certification to Dakota County. Aye: S Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding delinquent utilities accounts, stating the City currently has approximately 317 utility bill accounts with delinquent payments in the amount of $54,631.42. Mayor Awada opened the public hearing. There being no public comment, she closed the public hearing and turned discussion back to the Council. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve certification of delinquent utility accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 VARIANCES -CITY OF EAGAN City Administrator Hedges introduced this item regarding parking setback variances for property along Lexington Avenue between Golfview Drive and Yankee Doodle Road. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There bring no public comment, she closed the public hearing and turned discussion back to the Council. ~~ Agenda Information Memo February 4, 2003 E. APPROVE CHANGES IN MANAGEMENT ON LIQUOR LICENSES AT SUPERAMERICA STORES #4335 AND 4464 ACTION TO BE CONSIDERED: To approve changes in management on the off-sale beer licenses for SuperAmerica Store #4335 located at 1379 Town Centre Drive and Store #44641ocated at 2250 Cliff Road. FACTS: Changes in management have occurred at the above referenced locations. The new manager of SuperAmerica Store #4335, Philip Hildman and the new manager of Store #4464, Paul Frank, have completed the necessary forms and paid the appropriate investigation fees. The Eagan Police Deparkment has conducted an investigation of the new managers and finds no reason for denial. a~ Agenda Information Memo February 4, 2003 CONSENT AGENDA: F. APPROVE the Operations Committee recommendations regarding "The Blast" (indoor playground) ACTION TO BE CONSIDERED: To approve the recommendations of the Community Center Operations Committee regarding "The Blast" (indoor playground). FACTS: • The Operations Committee, at their January 8 meeting, considered the admissions, operation, and rules for the indoor playground at the Community Center. • The recommendations are based on industry standards, Eagan staff, and suggestions/rates from other metro-area Community Centers. • The name "The Blast" is strongly recommended as the playground is completed in a space theme, with a large, colorful space mural on the wall. • The committee recommends the following: • Drop-in Rate: $5/person • Punch card (for residents only): $40 (10 punches) ($4.00/each) • Group Rate: $4 (groups of 10+) • Group rates available if booked 14 days in advance. If a group does not book in advance, however, and there is space available, the group shall be able to receive the group rate. • No bookings on school release days, holidays, or weekends. • Youth under 1 year of age get in free • Adults are free • No outside food allowed • No red punch • Children 10 years and younger must be accompanied by an adult • The age limit to play in "The Blast" shall be 12 years of age. • Staff will use a hand stamp to show who has paid to be in the playground. • Recommended Hours of Operations: o Monday-Friday 9 a.m.-8 p.m. o Saturday 9 a.m.-6 p.m. o Sunday Noon-5 p.m. • Admission rates for "The Blast" shall be reviewed annually TEEN CENTER: As the teen center was once proposed to be named "The Blast," it is the committee's recommendation that when the teen center is operational, the teens be asked to provide recommendations to the City Council as to names for the teen center. a3 Agenda Information Memo February 4, 2003 Eagan City Council Meeting G. APPROVE THOMAS LAKE FISHING PIER COOPERATIVE AGREEMENT WITH DNR ACTION TO BE CONSIDERED: Approve a cooperative agreement with the State of Minnesota DNR for a fishing pier awarded to the City for installation at Thomas Lake Park FACTS: • In September 2000, the Water Resources Division submitted an application to the Fishing Pier Grant Program of the Minnesota Department of Natural Resources (DNR) for a pier structure at Thomas Lake Park similar to those at Trapp Farm (Schwanz Lake), Fish Lake, and Blackhawk parks. The purpose of the grant program is to improve fishing opportunities specially to meet the needs of children, the elderly, and people with disabilities. • Project selection is based on ranking criteria, which include but are not limited to: public fishing demand, accessibility, location, game fish present, and project sponsor donation. The amount of assistance is up to 100 percent of the development and installation of the fishing pier/shoreland site with a maximum grant amount of $25,000 for a traditional DNR floating fishing pier. Local units of government provide public land, accessible sidewalk/path, accessible parking space and on-going maintenance. • In December 2002, the Minnesota DNR awarded the City a fishing pier grant. The state award requires not only a resolution or formal approval by the City, but also a cooperative agreement that is signed by one elected official and one administrative staff person from the City, the Minnesota DNR, and the Attorney General. • The Water Resources Division for several yeazs has pursued the goal of providing a high quality recreational fishing opportunity within one mile of every neighborhood in the City. Installation of this fishing pier will help to accomplish this goal. The pier, which would be placed this year, would be adjacent to the canoe launch (beach) site just north of the pavilion area at Thomas Lake Park. • The Advisory Parks Commission, at its January 16, 2003 meeting, unanimously recommended the Council to authorize the City to enter into a cooperative agreement with the State of Minnesota DNR for a fishing pier that has been awarded for installation at Thomas Lake Park. ATTACHMENTS: None a~ Agenda Information Memo February 4, 2003, Eagan City Council H. WAIVER OFSUBDIVISION -GLENN HARTZELL ACTION TO BE CONSIDERED: To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership of the two units for 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. FACTS: The applicant submitted a similar Waiver request last summer to split this duplex lot, with a Variance to allow the Waiver even though the existing structure was served by only a single utility service connection. The Council denied both the Waiver and the Variance. • The applicant has since installed separate sewer and water services for each unit, and is now resubmitting the Waiver request to split the property for separate ownership. • Individual utility service lines are now provided, the property is zoned R-2 and was platted for twin home development. The proposed lot split is consistent with the City's R-2 zoning standards with respect to area, setbacks and building coverage. ATTACHMENTS (1): Staff Report and survey of lot split, page ~~~ / . ~s PLANNING REPORT CITY OF EAGAN REPORT DATE: January 30, 2003 APPLICANT: Glenn Hartzell PROPERTY OWNER: Glenn Hartzell REQUEST: Waiver of Subdivision (Duplex Lot Split) LOCATION: 1327 & 1329 Easter Lane CASE: 27-WA-01-O1-03 CITY COUNCIL DATE: Feb. 4, 2003 APPLICATION DATE: January 23, 2003 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: MD, Medium Density ZONING: R-2, Residential Double SUMMARY OF REOUEST Glenn Hartzell is requesting approval of a Waiver of Subdivision for a duplex lot split to allow for individual ownership of the two units on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane in the NW '/o of Section 27. AUTHORITY FOR REVIEW City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the provisions of the Subdivision Regulations where compliance will involve an unnecessary hardship, where failure to comply does not interfere with the purpose of the Subdivision Regulations, or where an improved plat can be achieved by deviation from certain provisions of the Subdivision Regulations. A waiver maybe granted without planning commission review only when the subdivision consists of a split of a duplex lot or lots with existing structures having individual utility services designed in accordance with standards imposed by the council upon the original plat. Section 13.40, Subd. 4 further states that the Council may impose conditions and safeguards in the variances or waivers so granted. BACKGROUND/HISTORY Wilderness Run 5"' Addition was platted in the mid-1970s and this duplex building was constructed on the site in 1976. a~ Planning Report -Glenn Hartzell February 4, 2003 Page 2 EXISTING CONDITIONS The parcel is 100 feet wide by 150 feet deep, totaling 15,000 sq. ft. There is a roadway easement of the northeast 500 sq. ft. of the lot, which accommodates a storm drainage pipe. The units in a duplex are required by City Code to have separate utility service connections for the duplex lot to be split for separate ownership. This duplex has recently had separate service connections installed. EVALUATION OF REQUEST The overall Iot size is 15,000 sq. ft. The proposed split is through the center of the building, which is slightly off from the center of the lot, resulting in one lot that is 7,427 sq. ft. and another that is 7,573 sq. ft. The R-2 zoning district requires a minimum front yard setback of 30 feet, side yard setback of 10 feet, and rear yard setback of 15 feet. These setbacks are satisfied. Building coverage is approximately 12%, which is less than the 20% allowed in the R-2 zoning district. Sanitary sewer and water are available to serve the property and individual utility services are now provided for each unit. SUMMARY/CONCLUSION Glenn Hartzell is requesting approval of a Waiver of Subdivision for a duplex lot split to allow for individual ownership of the two units on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane. The proposed duplex lot split is acceptable from a zoning perspective with respect to area and setbacks. ACTION TO BE CONSIDERED To approve a Waiver of Subdivision for a duplex lot split to allow for individual ownership of the two units for the twin home on property platted as Lot 8, Block 5, Wilderness Run Fifth Addition, located at 1327 and 1329 Easter Lane in the NW '/4 of Section 27. 1. This Waiver of Subdivision shall be recorded with the Dakota County Recorder's Office within 60 days of Council action. ~~ Location Map Esgan Coundary Parcel Area ~ Stfeet `°°tef"ne building Footprint .. ~ ~ ~ ~ ~ L_-~--LJ ~ . a}I ~, ~ ~ 7 `~ ,' I I t l mo .,-. I - ,. . ,.. X .e ~ r.. .. - o - _ F .. ` r ~ ~ ... - ~~ ~;; o i l G ~x,.~ ~ + ~+ 1 Sub'ect Site . >> F q x .p S.. J, ~~ F 4 ~'~ ~~ .. .. .~ ' • s ~ ~ . ~ --~ r ~ r .- ,~ r ~ i ~ t; ~ . r < a. ~ ;: „ ~_ ~ .~. y f~ e ,y s '~ ~ a vp ~ c ^~.~ F i , J ~t Lq °O t ~` ~~~~ a ti,'c . ~ ~ ~ m......... a.... y '- ~ s ~ t y ~ . E ~ W. t~ n t .,. ._ 6 ~ . F ~ :. r- ,: ~ *... ,~ 4 ~ i ~« ~ ~^ r ~ ~ ., ~ ~ - ~, 4 .> s ,. ~,_ ~ F ~.: a{ . a~ ~ ~~ "' I ~ ~~ ,,~ fi p ~A ~- 6 } t ~O 0 r:+ 4' C " r . ~ ~. ~ ~ ~ r ~ ,,, ~ g ; ~ , ~ ~ ~ ~,, t: ' r ~ ~ sm ~ ~ ~ ae 1000 0 1000 2000 Feet Development/Developer: Glenn Hartzell Application: Variance Case No.: 27-WA-01-01-03 ~~ Map Praparatl using ERSI AreVMw ].7. Pareal basa map tlah provitl.tl by Dakota County Land Surny Dspartm.nt antl Is wrrenl as of S.p[.mb.r 2002. THIS MAP IS INTENDED FOR REFERENCE U8E ONLY ~` \~' ~ E Clty of C~~IC~Cin COminunl[y DsV-I~~m~n[ D-~~RIMnt The City of Eayan and Dakota County do not yuaraatee the accuracy of this information and are not responable for errors or omisalons. S Oota>Iidary Survey For: ( ~ 4 Glav1 Hartzell PO Box 147 Sheet 1 cE 2 Iake City, M1 55041-0147 DELMAR H. SCHWANZ ...~ >< .~ ~pnN.M U.A. LIw I ~ }~ 11M...w 11750 SOUTH ROBERT TRAtI ROSEMOIA'r {RMNESOTA SS06e 65L'12}176! SURVEYOR'S CE~~'FtCATE ~VIV 1 1 I7tJl'1U 1'IV ..JV ~ C0[R41'7t lYNlD RI(~! OP GA]C R S89'S1'03'M !00.00 ~9.f1 50.!6 20.00 l~tl Corner r.k- -~ I,ot 8 ~ th N °I `20.00 w PAH~ A P91tiF1, B L0~ 8 °. BLO~K 5 s I~iv ~osP d ~ Lcfi 5pl If W ~ ~ g ' CONCRETE ~t i~TE f~! N PATIO AC ~ ~'IO O o N I EXISTING 3~~~ Si0m 3'~ry r I i SW C0I71Hr .~ r ~ IgtB-~ $. _______ ~ ELECTRIC BO 9.89 50.11 TELEPHONE .~ ~ ~ ~ • ~ E eox m !00.00 R ~ "~R~~~~ l171P v 1~. 2GJ- SCALE: f =NCH ~ 30 FEET O ~ I1c» Pipe Monattt~t Pe~oe1 10 Z See Sheet 2 of 2 ft~ pazt~l descriptirns. .,., :, ti~. .. ` k •r' _ ~ * -~~ ~ ~ ' t 1 MrDDy t:Nfily 1hDt Ihh sunray. Dbn. or r~porl w~f - ' ~ ' pgD~rld by m• M unA1r mY dUtrtl tUpprvlfion ~n0 ? 5.-'- ~ -• ' • ~ - Ihat 1 ^m ~ only ReDUlepd Lind Sunpyor unolr 's . thr 1(rws or tM 511! of Minntlob. ` _ `~ - •'' 1- . '~ ' ` 05-16-02 ~ DNrnp M. Sehw~nf 'j ~ ~ " 1 - ' : ":: Deed • ~ MtnnMO1~ RDg1~tr~NOn tYO. at623 . a. Agenda Information Memo February 4, 2003 Eagan City Council Meeting I. CONTRACT 03-02, LEXINGTON PLACE/ DREXEL HEIGHTS ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 03-02 (Lexington Place/ Drexel Heights Additions -Street Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, February 27, 2003. FACTS: Contract 03-02 provides for the bituminous overlay of the streets in the Lexington Place/ Lexington Place South (City Project 875), and the Drexel Heights (Project 876) neighborhoods, as outlined and discussed in the respective feasibility reports for each of the projects. On December 2, 2002, the City Council held public hearings for Projects 875 and 876. After presentations from City engineering staff and public comment from one resident from Drexel Heights Addition, the Council approved each of the projects and authorized preparation of detailed plans and specifications. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization of the advertisement of bids. .30 Agenda Information Memo February 4, 2003 J. CONTRACT 01-12. JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 01-12 (July 2000 Storm Mitigation Improvements -Misc. Areas 2 & 4) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-12 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm, including Cedar Grove Area #2 (Project No. 815), Woodgate Lane Area #4 (Project 820), and Palisade Circle Area #2 (Project 826), as outlined and discussed in the Preliminary Design Report (Apri12001). • Change Order No. 4 includes storm sewer design changes that are required on Diffley Road to avoid a conflict with an existing petroleum pipeline. The revisions impact the plan design and the construction time. Due to the significant construction impacts to Woodhaven Park, the Eagan Parks Department requested the construction of a new basketball court within the park. • This change order addresses the placement of fill and associated activities for the restoration of the yards for the 3 houses on Clark Street purchased by the city due to the storm related impacts. The original plan to excavate the adjacent pond and fill the backyards was hindered by the unusual warm weather conditions for the winter of 2001-02. • Change Order No. 4 includes the restoration of sprinkler systems and landscaping within private property that was damaged by the construction activity and the use of mulch material within private yards where sodding was not completed before winter. • The change order addresses the replacement of an existing pond outlet with an outlet skimmer for the prevention of debris blockage on Pond AP-48, near Narvik Drive. • A considerable amount of unforeseen time and effort was required by the contractor to work around existing private utilities, as has been indicated in the change order. • On August 6, 2002, the City Council awarded the contract and directed staff to cooperate with the DNR on pursuing a resolution to the reparation of the Nicols Road storm sewer outlet. The change order includes work required to address this condition of a DNR permit to construct the improvements to Cedar Pond {AP-3). • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $104,016.88 (6.1% of original contract). The associated expenditure will be the responsibility of the City's Storm Sewer Trunk Fund. 3/ Agenda Information Memo February 4, 2003 K. CONTRACT 01-13, JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 01-13 (July 2000 Storm Mitigation Improvements -Areas 1, 3, 4, 9 and 10} and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-13 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm, including Meadowlark Road Area #3 (Project No. 816), Viburnum Trail Area #3 (Project No. 817), Timberwolf Trail Area #3 (Project No. 818), Badger Court Area #3 (Project No. 819), Blackhawk Lake Drive Area #4 (Project 821), Ches Mar/Wilderness Curve Area #10 (Project No. 827), Vildmark Court Area #10 (Project No. 833), EasterLane/Malmo Place Area #9 (Project No. 834), Nybro Lane/Balsam Trail/Nybro Pond Area #9 (Project No. 835), Malmo Lane/Nybro Lane Backyard Area #9 (Project No. 836) and White Oak Court Area #1 (Project 848), as outlined and discussed in the Preliminary Design Report (Apri12001). • Change Order No. 4 includes the unexpected additional time and labor required for the contractor to work around existing private utilities in the associated existing residential neighborhoods. Staff closely monitored the extra effort needed by the contractor to complete the plan design for the storm sewer improvements. • This change order addresses the restoration of sprinkler systems and landscaping within private property that was damaged by the construction activity. Restoration was completed in compliance with the Restoration Policy approved by the City Council on May 15, 2001. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $38,480.31 (3.25% of original contract). The associated expenditure will be the responsibility of the City's Storm Sewer Trunk Fund. 3~ Agenda Information Memo February 4, 2003 L. CONTRACT 01-15 JULY 2000 STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 01-15 {July 2000 Storm Mitigation Improvements -Miscellaneous Areas 6, 7 & 8) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 01-15 provides storm water drainage system mitigation improvements in a portion of the areas affected by the July 2000 Super Storm, including Savannah Road Area #7 (Project No. 822), Beacon Hill Road North Area #6 (Project No. 823), Beacon Hill -Pond BLP-57/Covington Court & Ridge Cliff Drive/Penkwe Way Area #6 (Project No. 824), Sherwood Court Area #6 (Project No. 825), Camelback Drive Area #8 (Project 837) and Gibraltar Trail Area #7 (Project 841), as outlined and discussed in the Preliminary Design Report (April 2001). • Change Order No. Z addresses additional work needed to be completed by the contractor in order to satisfactorily complete the contract. • This change order includes the unanticipated extra time and labor required for the contractor to work around existing private utilities in the existing residential neighborhoods. Staff closely monitored the additional effort needed by the contractor to complete the plan design for the storm sewer improvements. • Change Order No. 2 addresses the restoration of sprinkler systems and landscaping within private property that was damaged by the construction activity. Restoration was completed in compliance with the Restoration Policy approved by the City Council on May 15, 2001. • The costs of the related change order items are all consistent with the bid prices for relevant bid items on this and other projects within the city. This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $13,475.90 (1.46% of original contract). The associated expenditure will be the responsibility of the City's Storm Sewer Trunk Fund. 33 Agenda Information Memo February 4, 2003 Eagan City Council Meeting M. CONTRACT 03-06, 2003 CITY-WIDE SANITARY SEWER LINING & RECONSTRUCTION ACTION TO BE CONSIDERED: To receive the bids for Contract 03-06 (2003 City- wide Sanitary Sewer Lining & Reconstruction), award the contract to Insituform Technologies USA, Inc., for the base bid in the amount of $127,732.50 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The reconstruction of various existing sanitary sewer pipes throughout the City by installation of lining is scheduled for 2003 in the City's 5-Year Capital Improvement Program (2003-2007). • The City Council authorized the sanitary sewer lining improvements for various areas in the Cedar Grove residential neighborhood with the approval of the Sanitary Sewer Operations & Facilities portion of the 2003-2007 Capital Improvement Program (CIP) and operating budget for 2003. • At 11:00 a.m. on January 24, formal bids were received for this project under Contract 03-06. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid meeting all bid specifications was submitted by Insituform Technologies USA, Inc. It has been reviewed by the Public Works staff and found to be in order for favorable Council action. • The low bid is 2.2% above the amount estimated for this work in the 2003-2007 CIP. 3y Agenda Information Memo February 4, 2003 Eagan City Council Meeting N. PROJECT 00-C, MURPHY FARM 3RD ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 00-C (Murphy Farm 3'd Addition -Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Murphy Farm 3`~ Addition was constructed north of Deerwood Drive and west of I- 35E in central Eagan. This development required the installation of sanitary sewer, water main and street improvements, all performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 3s Agenda Memo February 4, 2003 CONSENT AGENDA: O. Annual D.A.R.E. and Police Liaison Services Agreement for the 2002-2003 school year with ISD 196. ACTION FOR CONSIDERATION: Approve annual D.A.R.E. and Police Liaison Services Agreement for the 2002-2003 school year with ISD 196. FACTS: • The Agreement has been reviewed by staff and deemed in order for approval ATTACHMENT: • The Agreement is attached as pages~2 through ~. 36 D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO.196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into the day and year set forth below by and between SCHOOL DISTRICT N0.196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes ~126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a 17-week per semester curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $21,019.00 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. Suppon Servias/D.A.R.E. Serviadl•3-03/1 15D I% Gnphtic Any Dep~ 4. The School District shall pay the City the amount of $58,923.00, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools. 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2002-2003 school year upon approval of this agreement by both parties. 7. This Agreement is effective for the 2002-2003 school year; upon the expiration of the 2002-2003 school year, this Agreement shall automatically terminate. This Agreement dated this _ day of .2003. SCHOOL DISTRICT NO.196: CITY OF EAGAN: By: Mike Roseen Its: Chairperson By: Pat Geagan Its: Mayor By: Bruce Endler Its: Clerk STATE OF MII~TNESOTA ) ss. COUNTY OF ) By: Maria Karels Its: City Clerk On this _ day of , 2003, before me a Notary Public within and for said County, personally appeared MIKE ROSEEN and BRUCE ENDLER, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public Suppon Servitts/D.A.R.E. ServicerJl-3-03/1 1SD 196 Gnphic Ans Dep~ 3 ,STATE OF MINNESOTA ss. COUNTY OF j On this _ day of .2003, before me a Notary Public within and for said County, personally appeared PAT GEAGAN and MARIA KARELS to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to b~ the free act and deed of said municipality. Notary Public Suppon Srnices/D.A.R.E. Smlas/1.3-03/.i 1SD 1% Graphic Ans Dep~ ~ /~ Agenda Information Memo February 4, 2003 Eagan City Council Meeting P. ACCEPT DNR METRO GREENWAY GRANT AWARD; AWARD GREENWAY STUDY CONTRACT TO DAKOTA COUNTY SOIL AND WATER DISTRICT ACTION TO BE CONSIDERED: Accept DNR Metro Greenway grant award in the amount of $8,000; concurrently award contract to Dakota County Soil and Water District to conduct study of Metro Greenway in parts of Eagan. FACTS: • In Spring of 2002, Council authorized staff to submit a grant to the DNR for technical assistance that will help form the foundation of future greenway planning efforts. It was understood that the City will be required to contribute funds to this effort. • In late January of 2003, staff received formal notification that an award had been granted to them in the amount of $8,000. • Discussion with the DNR and SWCD in late December and early January determined that SWCD is currently undertaking a project that is entirely compatible with the goals of the project described in the Metro Greenway grant application. • The project would be a technical study and GIS data refinement for the Minnesota Land Cover Classification System. A refined version of SWCD's current data would take the existing 1-acre land data polygons and refine them to'/z acre polygons, which would mean more detail is revealed and more specific "green" connections/ parcels within can be identified. The polygonal data is then ground frothed as part of SWCD's scope of services, ensuring accuracy of the data. • Working with SWCD on this project would be cost-effective. They will not need the project start-up costs a private consultant would, they are familiar with the project scope and project objectives, and have proven high work product quality. SWCD estimates a cost of $16,796 to complete the work scope. • The contract between SWCD and the City will go before the SWCD Boazd for approval on March 6, 2003. The timing will maintain the schedule listed in the work plan. • Funding to match the Greenways grant would come from the park Site Fund. The total project estimate, including ancillary and contingency costs, is not expected to exceed $18,000. ATTACHMENTS: • None ~d Agenda Memo February 4, 2003 CONSENT AGENDA: Q. 2003 Commercial Fertilizer License Renewals ACTION TO BE CONSIDERED: Approve 2003 Commercial Fertilizer License Renewals for Green Masters and Tru Green Chem Lawn. FACTS: • Staff has reviewed the applications and deem them in order for approval. ~ t. ~r ~i/ Page numbering resumes at page 45 Agenda Information Memo February 4, 2003 Eagan City Council Meeting PUBLIC HEARINGS A. LOT 2, BLOCK 5, WILDERNESS RUN 4T" ADDN EASEMENT VACATION ACTION TO BE CONSIDERED: To continue the public hearing to consider the vacation of public trail easement on Lot 2, Block 5, Wilderness Run 4"' Addition to February 18, 2003. FACTS: • On November 18, 2002, City staff received a petition from Gary Morgan, resident at 1293 Carlson Lake Lane, requesting the vacation of an existing trail easement on his property adjacent to Carlson Lake. • The trail easement was originally dedicated with the Wilderness Run 4"' plat in 1975 for the purpose of building a public trail adjacent to Carlson Lake. To date, the trail has not been constructed and there are no current plans by the City to construct a trail in this location. • Mr. Morgan believes that the existing easement will not be utilized for a trail, and wishes to have it removed from his property title. • The request would vacate the existing public trail easement on the north side of the Iot. • The item has been forwarded to the Advisory Park Commission for their review and a recommendation for the Council's consideration on February 18. ATTACHMENTS: • Location map, page • Legal description and graphic, pages and ~f 5 v Wilderness Run 4th -Lot 2, Blk 5 Vacation Location Map 11/25/02 City of Eagan PUBLIC TRAIL EASEMENT A trail easement over that part of Lots 1, 2, 3, 4, 5, 6, 10, and 11, all in Block Five of Wilderness Run Fourth Addition lying between the Park in Wilderness Run 4`" Addition and a line 5 feet Southerly of the following described line; Beginning at a point on the North line of said Lot 1 I distant 56.76 feet westerly of the northeast corner thereof; thence South 89 degrees, 35 minutes, 37 seconds West along the north line of said Lot 11 a distance of 85.24 feet to the northwest corner of said Lot 11; thence South 00 degrees 24 minutes, 23 seconds East a distance of 85.00 feet; thence South 81 degrees, 53 minutes, 31 seconds West along the northerly line of said Block Five a distance of 513.35 feet to the northwest corner of said Lot l; thence South 57 degrees, 16 minutes, 52 seconds East a distance of 150.19 feet; thence North 87 degrees, 00 minutes, 37 seconds East a distance of 235.00 feet; thence North 67 degrees, 25 minutes, 37 seconds East a distance of 160.00 feet; thence North 26 degrees, 55 minutes, 37 seconds East a distance of 185.63 feet to the point of beginning. ~~ i z PARK Ct V ~ ~• ~ CARLSON LAKE m PARK r Proposed Vacation ~~ Existing Trail ~ Z ~~, 4357 4363 1293 1287 1307 1299 1281 1277 1273 0 CARLS~N LAKE LANE - ~i~ r- ~- ~_~- CD Z Q 1 v City of Eagan Q 0 \ 10 ~ 4 c~ ~ t ~ ~ ~, Proposed Trail Easement Vacation Lot 2, Blk 5, Wilderness Run 4th 1265 O w z g z Io o! z Nov. 19, 2002 Agenda Information Memo February 4, 2003 Eagan City Council Meeting B. PROJECT 882. CRESTRIDGE LANE STREET OVERLAY ACTION TO BE CONSIDERED: Approve Project 882 (Crestridge Lane -Street Overlay) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past thirteen years, the City has rehabilitated approximately 60 miles of local streets. • The resurfacing of Crestridge Lane has been programmed for 2003 in the City's 5- Year Capital Improvement Program. In January, 2002, advanced notices of this pending capital improvement were sent to all affected property owners. • On September 17, 2001 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Crestridge Lane, from Pilot Knob Road to Denmark Avenue, as part of the Town Centre Area street improvements (City Project No. 851). • On December 2, 2002, the Town Centre Area street improvements (Project No. 851) were approved by the City Council. • The Crestridge Lane improvements have been separated from the Town Centre improvements under different project number due to adjacent properties along Crestridge Lane being residential and not commercial as in the Town Centre Area. • On December 2, 2002, the feasibility report for Project 882 was presented to the City Council and a Public Hearing was scheduled for February 4 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held at 6:30 p.m. on January 30 in the Community Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 46 residential and 2 commercial properties proposed to be assessed under this improvement, no property owners or residents attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages,~through~. ~f 9 City of Eagan Report for Crestridge Lane Street Improvements City Project No. 882 Eagan, Minnesota February, 2003 SU city of eagan PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FlELDS MIKE MAGUIRE MEG TIII.EY Council Member THOMAS HEDGES Ciry Administntor h(uniciPal Center. 3830 Pilot Knob Road Eagan. ViN 55122.1897 Phone: 6i I.G7~.~000 Fax: GS 1.G'>.5013 TDD: G51.454.s535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phony. 651.675.5300 Fax: 651.675.5360 TDD: 651.454.8535 vvww eityofeagaa.eom TH E LOIr E OAK TREE The ;t•mbul uF scrcngch end ~ruwth in our community ~ ~ February 3, 2002 Honorable Mayor and City Council Ciry of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Crestridge Lane Street Improvements City Project No. 882 Dear Mayor and City Council: Attached is our repon for Crestridge Lane -Street Improvements, City Project \~. The report presents and discusses the proposed improvements and includes a ctz.. ~. preliminary assessment roll and schedule. S~"e would be pleased to meet with the City Council at your convenience to re~~- ~.: discuss the contents of this report. Sincerely, ~~ ~ hn P. Gorder Assistant City Engineer Dept S/ I hereby certify that this re~-a: prepared by me or under m~ ~: supervision and that I am a Licensed Professional Engineer ut:der the laws of the Star of Minnesota. ~~>rl hn P. Gorder Date: ? - 3 -D 3 R~ \o. ~"~:3 Date: 2 ' 3 ' 0 3 Date: - 3 - O 3 TABLE OF CONTENTS Letter of TransmittaUCertification Table of Contents Page Introduction .......................................................................................................2 Scope ................................................................................................................. 3 Feasibility and Recommendations ..............................................................................4 Street Evaluation .................................................................................................. 4 Proposed Improvements ..........................................................................................~ Easements/Permits ................................................................................................ 6 Cost Estimate ....................................................................................................... 6 Assessments ........................................................................................................ 7 Low Density Residential Properties R-1, R-3 ........................................................7 CommercialMdustrial Properties ..................................................................... 7 Assessment Financing Options ................................................................................. S Revenue Source ......................................................................................................8 Project Sc6edule ....................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 ~ Location Map - 2 Street Improvement/Assessment Area Map - 3 Typical Section -Overlay s~- February 2003 Street Improvement Report Crestridge Lane Eagan, Minnesota Introduction As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allo~ti•ed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximate 0.37 miles of 32' wide street with concrete curb and gutter within the boundary of Pilot Knob Rd. to the west and Denmark Ave. to the east in central Eagan has been identified for street overlay improvements in 2003. Figure 1, located in Appendix C, illustrates the project location. The street was constructed in 1975. Based on the data and engineering strategies available at this time, the Cit,'s current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying this roadway which is presently at the 27+ year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the pavement. The City of Eagan's maintenance records indicate that the street was seal coated twice, once in 1987, and again in 1998. The Public Works maintenance program typically includes extensive patching and crack sealing during the summer prior to the overlay. During the previous few construction seasons, the Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced several deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitan~ sewer, «-ater main, and storm sewer) in the project area and determined the system is in food «~orking order and that no major repairs are necessazy. Scope This project provides for resurfacing (edge mill and overlay) approximately 0.37 miles of roadway. Figure 2, located in Appendix C, illustrates the project area. Also included in this project are replacement of the damaged curb and gutter, valley gutter. and sanitary/storm sewer utility casting adjustments as well as water gate valve adjustments. sy ...~u,,,Y,~ .,, ~,,~y ~~,«~ ravc,i,cni rrepara[ory ivia~ntenance area. ~restridge Lane Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase rideability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. . This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2003 - 2007) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report in combination with the Town Centre Area Street & Trail Improvements (City Project No. 851) approved by the City Council December 2, 2003. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 RoutineMaintenance/CrackSeal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0 - 35 Reconstruct The 2002 PCI ranking for Crestridge Lane discussed in this report has a weighted average pavement condition rating of 44 which falls within the rankings of the "Patch/Repair and/or Overlay" category (resurfacing). 4 Ss" Proposed Improvements The proposed street improvements are shown in Figure 3. The existing street section consists of a 2 Yz "bituminous surface supported by a 10" gravel base. The existing; bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1 !'~-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to thz temperature extremes experienced in Minnesota. Bituminous overlays will sho« some continued frost movements and reflective cracking consistent with the underlvina pavement. Routine maintenance will still need to continue under the City's Pavement \lanagement Pro~Tram. Damaged curb and gutter will be replaced if severely cracked, spalled or settled. It is estimated that approximately 11% (0.07 miles) of the existing concrete curb and gutter will have to be replaced. S6 Edge milling on a recent overlay project in Eagan Boulevard sod will be removed and replaced, by a 2' wide roll. behind each section of curb and Jotter that is replaced. While the Contractor ~vho performs the work is responsible for it's establishment in the first 20 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. (See photo above) Easement/Permits All work will be in the public right-of--way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2003 construction costs and include a 5% contingency and indirect costs of 30%, «-hich include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Edge Mill and Overlay ..............................................532,385 Repair Existing Concrete Curb & Gutter ..................S16.135 Total ..............58,520 s'~ nc~ciuiy ~~iti}~ictcu uvciiay ptu~c~~-wiut uutuy ~uu~~uic au~uauuccua ~raia~uii i -~ t~uutuut~, tw~~ Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1, R-3) 50% 50% • Commercial/Industrial Properties 100% 0% Repair Existing Concrete Curb and Gutter 0% 100% Low Density Residential Lots (R-1, R-3) All residential equivalent properties (36.5 total, 8Single-Family, 38 Townhouses) as shown on Figure 2, having driveway access on to the streets to be improved are proposed to be assessed. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties and are based on a normal residential width street (32 feet.) The estimated cost per residential lot to be assessed based on the City Assessment Policy is $358/lot and is calculated as follows: 1) % Low Density Residential = 2,810 feet / 3,485 (total f.f.) = 80.63% 2) [$32,385 (Mill & Overlay Cost) x SO% x 80.63%] = S 13,056 (Total Residential Assessment) 3) $13.056 (Total Residential Assessment) -~ $358/tot 36.5 Residential Lots 4) Townhouse Rate = $358 x 75% _ $269/lot CommerciaUIndustrial Properties Commercial/Industrial properties (Clare Bridge ALS Facilit<•, First Nat'l. Bank), with frontage adjacent to the portion of Crestridge Lane to be improved, are to be assessed calculated by the amount of front footage (675 ft., includes 75 ft. comer credit). The assessment policy states that 100% of the mill and overlay costs are assessable to Commercial/Industrial properties. The estimated assessment rate is calculated as follows: 1) Commercial Property = 675 f.f. / 3,485 total f.f. =19.37% 2) [$32,385 (Total Mill and Overlay Cost) x 100% x 19.37%] _ $6,273 3) Rate =$6,273 / 675 f.f. _ $9.29/ f.f. S8' Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years Stith the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result for asingle-family home based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $358 Townhouse Lot = $269 Principal Interest Cost Per Year Per Year Per Year 1 S` Year (S.F./'T.H.) $72/ $54 $20/ S 15 $92/ $69 5`'' Year (S.F./'T.H.) $72/ $54 $4/ $3 $76/ $57 Revenue Source A summary of revenue sources is listed below: Project Property City Cost Assessment Contribution Mill and Overlay $32,385 $19,355 (S13,030) Repair Existing Curb $16,135 -0- (S 16,135 ) Total $48,520 $19,355 ($29,165) The City's Major Street Fund will finance the estimated project deficit of $29,165 (60.11 % of total). s~ Project Schedule Present Feasibility Report to City CounciU Order Public Hearing ........................................................ December 2, 2002 Neighborhood Meeting ............................................................................. January 30, 2003 Public Heazing ....................................................................................... February 4, 2003 Approve Plans and Specifications .................................................................... Mazch, 2003 Awazd Contract ............................................................................................. March, 2003 Project Completion .......................................................................................July 31, 2003 Final Cost Report ..................................................................September, 2003 Final Assessment Hearing .................................................................................... Fall, 2003 First Payment Due with Property Tax Statement .................................... May 15, 2004 60 Appendix A Preliminary Cost Estimate Crestridge Lane Street Overlay -City Project ~o. 88' I. Bituminous Street Overlay Item Unit Est Qh. L"nit Price ~ Est. Cost Mobilization L.S. 1 51.500.001 $1,500.00 Mill Bituminous Pavement S.Y. 2,800 S 1.004 $2,800.00 T e 41 Wear Course Mixture Ton 575 530.001 $17,250.00 Bituminous Material for Tack Coat Gal. 350 S 1.501 5525.00 Ad'ust Valve Box Each 4 5150.001 5600.00 Ad'ust Frame & Rin Castro (Manhole) Each 3 S'~0.00. 5750.00 Traffic Control L.S. 1 S X00.00 5300.00 Sabtotal $23,725.00 - ~' ~ COII~?c'I1C1eS: 51.185.00 Sabtotal $24,910.00 - .: ° ~ Indir:Lt Cosa' 57,475.00 TOT:~L $32,385.00 II. Repair Existing Concrete Curb & Gutter Item Unit Est. Qt~~. Lair Price Est. Cost Remove Concrete Curb and Gutter L.F. 3~0 55.00 51,750.00 D412 Concrete Curb and Gutter L.F. I 300 S16.00~ 54,800.00 B618 Concrete Curb and Gutter L.F. ~ SO 516.001 5800.00 Ad'ust Catch Basin Each { 4 5250.OOI 51,000.00 Remove/Re lace 7" Conc. Valle Gutter S.Y. ~ 2 550.004 5100.00 Sod w1To soil S.Y. ? 8~! 56.50! 5520.00 Bituminous for Street Patchin Ton 3U 580.00 52,400.00 Remove & Re lace Casting & Rin s (CB) Each 1 5450 5450.00 Subtotal! $11,820.00 - :'~~ ContinJencies~ 5590.00 Subtotal' $12,410.00 - -° ~ Indir:rt Costs. 53,725.00 TOT.-~L' $16,135.00 Total Project Cost $48.520.00 6/ Appendix B Preliminary Assessment Roll Crestridge Lane Street Overlay -City Prnject vo. 882 Parcel (R-1 Low Density) Lot P.I.N. E ni`•alent Unit Assessment Total Buffer Hills 2nd Addition Block 1 1384 Crestrid e Lane 10-15400-070-01 : 1 5358 $358 Un tatted Parcels 1370 Crestrid e Lane 10-01500-040-51 ! 2 5358 $716 " 10-01500-050-51 2 ~ 5358 $716 1350 Crestrid a Lane 10-01500-060-~ 1 2 $358 $716 Pine Rid a 2nd Addition Block 1 1324 Crestrid e Lane 10-57676-020-01 1 S358 $358 Grou Totals -1) 8 $2,864 Pilot Knob H ts. 3rd Addition Block 1 R-3 Low Density) '1345 Crestrid e Lane #204 10-57502-111-01 0.75 538 $269 1345 Crestrid e Lane #101 10-57502-041-O1 0.75 538 $269 1345 Crestrid e Lane #102 10-57502-051-01 0.75 5358 $269 11345 Crestrid e Lane #103 10-57502-061-01 0.75 5358 $269 1345 Crestrid e Lane #104 10-57502-071-01 0.75 S358 $269 1345 Crestrid e Lane #201 10-57502-081-01' 0.75 5358 $269 1345 Crestrid e Lane #202 10-57502-091-01 0.75 5358 $269 1345 Crestrid e Lane #203 10-57502-101-01 ' 0.75 5358 $269 Grou Subtotals (R-3) ~ 6 $2,152 6~ Parcel (R-3 Low Densih•) P.I.N. i Lot C nit E uivalent ~ Assessment Total Hidden Oaks Addition Block 1 1335 Crestrid a Lane ~ 10-32750-010-01 . 0.75 I S X58 $269 1333 Crestrid e Lane ~ 10.32750-020-01 i 0.75 S358 $269 1331 Crestrid e Lane 10-32750-030-01 0.75 i S358 $269 1329 Crestrid e Lane 10-32750-040-01 0.75 ~ S- 58 $269 1327 Crestrid a Lane IO-32750-050-01 : 0.75 5358 $269 Hidden Oaks Addition Block 2 ) 1325 Crestrid e Lane I0.32750-010-0~ 0.75 '; S= 58 $269 1323 Crestrid a Lane 10-32750-020-0_' 0.75 538 $269 1321 Crestrid e Lane 10-32750-030-0~ 0.75 j 5358 $269 1319 Crestrid e Lane l0.32750-040-0? 0.75 I 5 X58 $269 1317 Crestrid e Lane 10-32750-050-0~ 0.75 S?58 $269 1315 Crestrid e Lane 10-32750-060-0~ 0.75 S =58 $269 { Hidden Oaks Addition Block 3 1313 Crestrid e Lane 10-32750-010-G ~ 0.75 ~ 5358 $269 1311 Crestrid e Lane 10-32750-020-0 0.75 5.58 $269 1309 Crestrid e Lane 10-32750-030-G. 0.75 S?~ 8 $269 1307 Crestridge Lane 10-32750-040-G3 0.75 S= 58 $269 1305 Crestrid e Lane i0-32750-050-G 0.75 558 $269 1303 Crestrid e Lane 10-32750-060-d ~ 0.75 S. 58 $269 1 Hidden Oaks Addition ~ Block 4 j 1301 Crestrid e Lane 10.32750-010.04 0.75 S 358 $269 1299 Crestrid e Lane 10-32750-020-0.1 0.75 j S_ 58 $269 1297 Crestrid e Lane 10-32750-030-04 0.75 I 5358 $269 1295 Crestrid e Lane 10-32750-040-0~# 0.75 S358 $269 1293 Crestrid e Lane i 10-32750-050-04 0.75 I 5.58 $269 I I Pa a Subtotals -3) 16.5 ~ $5,918 6.3 Parcel (R-1 Low Density) P.I.N. Lot E uivalent Unit Assessment Total Timbershore 3~d Addition Block 13 1306 Crestrid e Lane 10-76502-020-13 0.75 $358 $269 1304 Crestridge Lane 10-76502-030-13 0.75 $358 $269 Timbershore 1St Addition Block 1 1302 Crestridge Lane 10-76500-040-01 0.75 $358 $269 1300 Crestrid e Lane 10-76502-030-01 0.75 $358 $269 1298 Crestrid e Lane 10-76500-020-01 0.75 $358 $269 1296 Crestridge Lane 10-76500-010-01 0.75 $358 $269 Timbershore 1St Addition Block 2 1294 Crestrid e Lane 10-76500-040-02 0.75 $358 $269 1292 Crestridge Lane 10-76500-030-02 0.75 $358 $269 Pa a Subtotals (R-3) 6 $2,152 Previous 2 Pages Grou Totals -3 28.5 $8,070 Grou Totals (R-1) 8 $2,864 TOTAL RES. LOT E UIV. 36.5 $13,085 Commercial Pro er Pilot Knob H ts. 1st Addition Block 1 1365 Crestrid e Lane 10-57500-012-01 500 F.F. $4,645 $4,645 1st Minnehaha Addition Block 1 3629 Krestwood Lane 10-26500-020-01 175 F.F. (1) $1,625 $1,625 TOTAL COMM. PROPERTY $6,270 Assessable Grand Total $19,355 (1) 250' F.F. - 75' =Corner Lot Credit 6y Agenda Information Memo February 4, 2003 Eagan City Council Meeting C. PROJECT 680, CLIFF ROAD STREET & UTII.ITY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Close the public hearing and approve the Final Assessment Roll for Project b80 (Cliff Road -Street and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 680 provided for the reconstruction and upgrade of County Road 32 (Cliff Road) from approximately 600 feet east of Pilot Knob Road to 700 ft. east of Lexington Avenue, as outlined and discussed in the feasibility report. • The Final Assessment Roll was presented to the City Council on November 19, 2002, with a public hearing scheduled for December 17 to formally present the final costs associated with this public improvement to the affected benefiting properties. • After initial preparation of the Final Assessment Roli, it was discovered that Parcel 10- 03400-011-02 included assessments for a sewer and water lateral extension, for future development. These assessment costs should not have been included, but rather postponed until time of development. • In response to a question by the owners of the Parkview Golf Course regarding the notification process, it was discovered that the assessments for Parcel 10-03400-011- 25 should have been combined with the proposed assessments for Lot 1, Block 1, Parkview Golf Club Add. • On December 17, 2002, the City Council rescheduled the public hearing to February 4, 2003 to allow the modification of the Final Assessment Roll to reflect these changes. • The Final Assessment Roll has now been modified to delete the assessments for utility lateral extensions to Parcel 10-03400-011-02 and reallocate all assessments to the platted portion of the Golf Course property. • The final assessments are at least 8% less, for each property, than the estimate contained in the feasibility report presented at the public hearing held on February 15, 2000. • AlI notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No additional written objections have been received to date. ATTACHMENTS: • Final Assessment Report, pages through. • Original letter of objection, page ~2~.' ~ $' 6s FINAL ASSESSMENT HE.~IRING PROJECT HEARING DATES NUMBER - Project 680 ASSESS~~NT - February 4, 2003 NAME - Cliff Road IMPROVEMENT- February 15.2000 Utility and Street Installation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R=Feasibility Report FINAL F.R RATE RATE UNITS SANITARY SEWER ^ Trunk ^ Lateral D 8 inch Stub 1 595.46 2 430 Per Stut 8 inch Stub 6 858.21 12 825 Per Stut ^ Lat. Benefit/trunk STORM SEWER ^ Trunk ^ Lateral FINAL F.R RATE RATE iTNITS WATER STREET ^ Trunk ^ Gra~-el Base ® Lateral C1iffRoad ~ Public Facility Q 6 inch Stub $3.799.61 3 105 /Stub ® Single Family 8 inch Stub $4,220.02 3 982 /Stub H Single Family - Restricted Access Bl Lat. Benefit/trunk 28.40 28.40 /F.F. ^ WAC ^ 103.35 103.35 /F.F. 62.30 62.30 /F.F. 15.58 15.58 /F.F. OTHER Completion STREET LIGHTS ^ Installation CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED Dakota County 6 5488.745 F.R. $1.471.922 F.R. 32-28 ~ 15 Years 5.50% $308.514.98 $1.620.542.17 COMMENTS: In this hearing all assessments to Pazkview~ Golf Course are assessed to Lot 1, Block 1, Pazkview Golf Club instead of all golf course properties. ~6 MEMO TO: MAYOR AND CITY COUNCIL FROM: GERALD R WOBSCHALL, FINANCIAL CONSULTANT DATE: October 24, 2002 SUBJECT: FINAL ASSESSMENT ROLL, PROJECT 680 CLIFF ROAD STREETS AND UTILITIES The City Council at the conclusion of the public hearing on February 15, 2000 ordered Project 680. According to the feasibility report, the following improvements were to be constructed and/or assessed: sanitary sewer and water stubs, trunk water main approximately 950 feet east of Lexington Avenue, street improvements with associated drainage from 600 feet east of Pilot Knob Road to 700 feet east of Lexington Avenue. The lateral benefit from the trunk water main and the Cliff Road street assessment are proposed for assessment using the fee schedule assessment rates for the abutting properties zoning classification. This assessment report is prepaid using the same methods of assessment as presented in the feasibility report except for the 6-inc6 water stubs. The 6-inch water stubs are proposed for assessment using a unit method of assessment. The construction of the improvement was accomplished under County Contract No. 32-28, which is complete. The assessment hearing is scheduled for December 17, 2002. The following information was used in the preparation of the assessment roll. I. PROJECT COST The construction cost includes the amount of 51,078,729.73 paid to the contractors for the construction of the following detailed improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $552,615.59 and easement costs totaling $297,711.83 were incurred resulting in an improvement and project cost of $1,929,057.15. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMEti"T FEASIBILITY IMPROVEMENT COST & EASEMENTS COST REPORT Sewer stubs $5,590.00 $2,863.67 $8,453.67 $15,255 Water stubs 13,118.50 6,720.39 19,838.89 17,280 Trunk water main 73,449.00 37,626.72 111,075.72 103,445 Storm sewer 228,147.72 116,876.34 345,024.06 368,262 Street with Storm sewer 719,035.67 666,062.04 1,385,097.71 1,411,875 Trailway 32,514.84 16,656.82 49,171.66 44,550 Traffic signal 6,874.00 3,521.44 10,395.44 Total $1,078,729.73 $850,327.42 51,929,057.15 S1,960,667 2 6~ II. ASSESSMENTS A. TRUNK ASSESSMENTS The properties affected by this improvement were charged for trunk area assessments through prior public improvement projects. B. UTILITY LATERAL AND STREET IIVIPROVEMENTS I. Sanitary Sewer Stubs Two 8-inch diameter sanitary sewer stubs were constructed at a construction cost of 55,590.00. Other costs in the amount of $2,863.67 were allocated resulting in an improvement and assessable cost of $8,453.67. The feasibility report called for this improvement to be 100% assessed using the direct assignment method and the assignment follows. Description Quantity Unit Cost 10-56780-010-01 10-03400-011-02 Total Connect to sewer 1 ea $500.00 ea $500.00 $500.00 $1,000.00 8 in Schell 40 PVC 256 LF 15.00/L.F. 3,285.00 555.00 3,840.00 Connect to manhole 1 ea 750.00 ea 750.00 750.00 Construction Cost Other Cost Rate 51.23% Improvement and assessable cost 4,535.00 1,055.00 5,590.00 2,323.21 540.46 2,863.67 $6,858.21 $1,595.46 $8,453.67 The assessment of the 8-inch sewer for parcel 10-03400-011-02 is recommended for deferral of assessment until connection. 2. Water Stubs a. S-inch diameter Water Stubs The 8-inch diameter stubs were extended to serve for future development the Parkview Golf Course properties. The cost to construct the 8-inch stubs amounted to $5,581.00. Other costs in the amount of 52,859.05 were allocated which results in an improvement and assessable cost of 58,440.05. The assessment rate was computed in the following manner: IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE $8,440.05 2 Stubs 54,220.02/Stub b. 6-inch diameter Water Stubs Three 6-inch diameter water stubs were constructed at a cost of $7,537.50. Other costs in the amount of 53,861.34 were allocated resulting in an improvement and assessable cost of 511,398.84. The assessment rate is calculated using the following: 3 68' IMPROVEMENT COST IMPROVEMENT UNITS IMPROVMENT RATE 511,398.84 3 Stubs. 3,799.61/Stub The assessment of a 6-inch water stub to parcel number 10-03400-011-02 is recommended for deferral until connection. 3. Trunk Water Main Improvement An 18-inch DIP trunk water main with appurtenances was installed within Cliff Road easterly from Lexingwn Avenue approximately 950 feet. Also included in the trunk water main costs are the costs associated with two 24 inch diameter casing pipes. The construction cost of this water main was 573,449.00. Other costs in the amount of $37,626.72 were allocated resulting in an improvement cost of 5111,075.72. The improvement and assessment rates were determined in the following manner. Description Improvement cost Less casing cost Assessable portion Assessable units Assessment Rate Costs 111,07s.n (16,710.73) 94,3b4.99 2004 F.F. a47.09/F.F. Public facility properties are chazged a 12-inch lateral equivalent when assessed for a water improvement that exceeds 12 inches. The assessment rate is based on the lower of the fee schedule rate or the improvement rate. The assessment rate therefore is the fee schedule rate of $28.40lF.F. because that is less than the computed improvement rate of $47.09/F.F. The portion of the costs not assessed, are financed by the City's Water Trunk Fund. 4. Storm Sewer Improvement The storm sewer improvements consist of storm sewer laterals, catch basins, manholes and appurtenances to provide street drainage for Cliff Road. The City share of the construction cost amounted to $228,147.72. Other costs that total $116,876.34 were allocated resulting in an improvement cost of $345,024.06. The storm sewer improvement will be assessed as part of the street improvement. Any portion of the improvement not assessed is proposed for financing by the City's Major Street Fund. 4 69 5. Street Improvements The street improvements consisted of the upgrade of Cliff Road to a 75 Foot to 95 Foot urban thorough-fare from 500 feet east of Pilot Knob easterly to approximately 700 feet east of Lexington Avenue. The City share of the construction is 5719,035.67. Other costs in the amount of 5368,350.21 were allocated and easement costs of $297,711.83 were incurred resulting in an improvement cost of 5185,097.71. The assessment rates are computed using the following: a. Cliff Road-44 Foot Street Public Facility Equivalent Front Subgrade Excavation -Depth in inches Granular Backfill -Depth in inches Class 5 Aggregate Base -Depth in inches Base Course Mixture -Depth in inches Binder Course Mixture -Depth in inches Wear Course Mixture -Depth in inches Bituminous Mat'1 for Tack Coat - Number of coats B418 or 618Concrete Curb and Gutter Restoration -Width ofRight-of--Way Subtotal Other Construction Storm Sewer Construction Construction Cost Other Cost Rate @51.23% Common Unit Foot Meagre ,~ ilnit ~j~ R9tp 30 2.175926 Cu Yd $ 3.88 $8.44 241.740741 Cu Yd 5.50 9.57 9 0.652778 Cu Yd 10.51 6.86 2 0.248025 Ton 24.28 6.02 2 0.248025 Ton 24.45 6.06 1.5 0.187917 Ton 25.50 4.79 2 0.159444 Gal 2.50 0.40 1 1 Lin 6.55 6.55 80 0.000413 Ac 4,792.33 1.98 $50.68 22.04 22.04 19.40 19.40 592.12 47.19 44 Foot Street Assessment Rate $139.91 5 ~o In accordance with City policy, the fee schedule assessment rate of $103.35/F.F. for a 44 foot street will be used in this assessment roll because that is lower than the assessment rate computed using the unit prices in the contract. b. Cliff Road 32-Foot Equivalent Assessment Subgrade Excavation -Depth in inches Granulaz Backfill -Depth in inches Class S Aggregate Base -Depth in inches Base Course Mixture -Depth in inches Binder Course Mixture -Depth in inches Wear Course Mixture -Depth in inches Bituminous Mat'1 for Tack Coat - Number of coats B418 or 618Concrete Curb and Gutter Restoration -Width ofRight-of--Way Subtotal Other Construction Storm Sewer Construction Cost Other Cost Rate @51.23% 32 Foot Street Assessment Rate 22.04 22.08 Front Foot Bate $2.10 3.41 4.26 2.26 O.14 6.55 1.54 $20.25 22.04 22.08 $64.37 32.98 97.35 In accordance with City policy, low-density residential property is assessed fora 32-Foot equivalent street. The fee schedule assessment rate of $62.30/F.F. will be used because that is lower than the assessment rate computed using the unit prices in the contract. In addition, low-density residential properties aze given a 50% arterial street credit and a 50% credit if the property has restricted access. Therefore, the low-density residential property affected by this assessment will be assessed at $15.58/F.F. _ ($6230@ 50%)@ 50%. Lebanon Hills Regional is proposed for assessment using two assessment rates. One parcel is proposed for assessment using $15.58IF.F. i.e. it does has restricted access, the other parcel is proposed for assessment using $31.15/F.F. because it does have unrestricted access to the parcel. The assessments are proposed in accordance with County Board Resolution Number 00-425. 6. Trails A 10-foot bituminous trail was constructed on the north and south sides of Cliff Road as part of this project. The City share of the cost to construct the bituminous trail was $32,514.84. Other costs that total $16,656.82 were allocated, resulting in an improvement cost of $49,171.66. This trail improvement is proposed for financing by the City's Major Street Fund. 6 Common Unit Mpic~_rg ,Q,ty .jj~1L _P~Ce 10 0.540123 Cu Yd $ 3.88 0 0 Cu Yd 5.50 6 0.324074 Cu Yd 10.51 2 0.175432 Ton 24.28 0 0 Ton 24.45 10.088611 Ton 25.50 10.056389 Gal 2.50 1 1 Lin 6.55 60 0.000321 Ac 4,792.33 ~i 7. Traffic Signal Conduits were installed for a traffic signal at the intersection of Cliff' Road and Lexington Avenue as a part of this improvement. The City of Eagan's share of construction cost was $6,874.00. Other costs totaling $3,521.44 were allocated resulting in an improvement cost of $10,395.44. The traffic signal improvement is proposed for financing by the City's Major Street Fund. C. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on`the unpaid balance. III. CITY REVENUES (RESPONSIBII.ITY) IMPROVEMENT IMPROVEMENT COST Sewer stubs $8,453.67 Water stubs 19,838.89 Trunk water main Storm sewer Street with Storm sewer Trailway Traffic signal 111,075.72 345,024.06 1,385,097.71 49,171.66 10,395.44 Total $1,929,057.15 7 ASSESSMENT REVENUE $6,858.21 16,162.72 16,330.85 CITY (RESPONSIBILITY) $(1,595.46) (3,676.17) (94,744.87) (345,024.06) 269,163.20 (1,115,934.51) ($49,171.66) (10,395.44) $308,514.98 $(1,620,542.17) ~~ The financing sources for this pmject are: Fund Amount Sanitary Sewer Trunk 1,595.46 Water Trunk Fund 98,421.04 Major Street Fund 1,520,525.67 TOTAL 51,620,542.17 Gerald R. Wobschall Reviewed Public Works Department ~_a ~- ~ Dated cc: Thomas A. Colbert, Director of Public Works Mike Daugherty, City Attorney Sue Sheridan, Accountant I '~3 ~-~~'~~ Dated 0 ec 0 a H h Q '~ v 4 0 ~.. ~~ v O O ~ N N ~A m O ~ppp ~ p N ~ pp N ~ ~ QQ i0 ~ p O bb O ~ dd a p ~ po ~O 01 01 C ~` ~ ' ~ pp N C~ ~ V ~ 4 4 1 N C j H H ~ M N H N a i ~p ~ O CO N N S [ti ~, p p ~ ~ p p ~ A ~ N N ~ O H N H N H r ~ ~ H V ~ p ~ S ~ N N n N tD ~ N H ~ ~ N e C'i m t D Y Of N Of ~ y ~ N N ~ N iR N H V! i ~ S S N S r t D O O n ~ K H ~ K J ~ ~ H O ~ .Z ~ fD O ~ H ~ p V ~ O g ~ O O N ~ •~ (~D H H tr0 N M ~ O GD fD N N ~ N N b E W ~ ~ m ~ Q ~ ~JJ J z J J z V LL o ~~00 L C ~ e~ e~ z e`~ z e~+~ z U U 3 w C E„ ., A Q O O O w = a w ~ a ~ ~ " ~ ~ v~ ~ sn ~ v~ v> u i ~ ~ a 2 Q r N Q r ~ N r m N ~ ~ N ~ r r g r~ r ~ 4 Y'' C MO O O '~i5 O ~7S ~ d 0 0 N a H Q i Q 4 d ~O u m ~~ Q PARKG~~ Q ~Q ~ ~o LL • ~ ~ • / • 'O0~ m ~ ~ ~, g~ J U • g. y _ ty Z r • J a • • • a .~ ~ • ~ ti • ~- • ~ m • W • [0 ~ • 2 • ^ • / `a 4 • m O s 4 • U ; ~ ~ • J . CLJ ~ • • O • • r^ ° • ~ X V m ~ ~ • O ~ • ti w U ~ • J ~ (U ~ ti ~ • ~ • Q tL • '2~a bb'W S3H~ U ~ J ~ ~ (, U • • 6 M I n 0 ~! ~~O'` ~ g ~QO ~ v Ov ~_ r. GO O~ ~ ~ v at/Oa 80N~ lOlld O LL LL. J U 0 a ~ '1S LL I w w~ w ~~ ao ch ~n ~ ~ r- ~o ~`~ r r N 69 EA EA N p ~~ ~ ~N V m m U} fn N u' C C L C D r 3 D ~ ~ .o .a ~ vii ~ L N H 3 3~ N L V 7 Z N N +' +.' N y +r Y W ai ai ~~ (a vii N J a a W ¢Q,~ a~--¢~ L Q a J ~ ~~~~ ~ ~• c L L L O O c!)t%)c~incot!)~U Z • W~ ^ ~~ ^ ^ i X * • ~ ~ ^ ~ WU (A W QO Q ~ O SIIIH 1~dM211V~ LL ~_ J J U S W -- J p ~_ ^~ n '/ U N N ~_ LL i ~ ~1 ~_ i N f.u, 3 I T 7 xaneaurv~ ~f31 31dVW '3/~tJ NOlJNIX3l ~N ~, ~ ~o. ~~ O~ V ~ ~ Q '~. J o J~ o ~ ~ 00 to Ln r ~ r `~ r ~ d? d? ~ V ~ V N ~ ( ~ N N ~ N `' ~ ~ ~ ~ d. a ~ a Q ~ i ~ i - n ~ ~ N ~ ~ N ~ ~' y ~ F- M Q ` ~ M N N!_'Q-1 Z W W .~ N (n CO OO U1 ~ ~ Cfl W ~ ~ W a - ~ • Q ~ O . a ~ ~ _ J U '~ S L,..~ `~ N 'y n C W O U • • ~ N c Y ~ o Q: ^ ~ ~ ~~a ~ o J ^ o Z t 0 * ~ ~ J _J II ~ ~ S Z S Z w ~~ I~Ini ~I~I N~;~ -aa ~u~a~avd C- 12-17-02 Maria KareLs City Clerk 3830 Pilot knob Road Eagan, Mn 55122 RECEIVED DEC 17 2002 EAGAN ENGINEERING DEPARTMENT RE: Projects 680, Cliff Road Street Improvements (Project # l OP680) Property ID# 10-03400-011-25 Property ID# 10-56780-OIO-O1 (attachments) Pazkview Golf Associates, LLC objects to the proposed assessments based on the grounds that our property does not benefit from the improvements and we believe that that we aze not being treated equally. We also believe that we were not provided with proper notice. Respectfully, y,~~ Shane Korman Pazkview Golf Associates, LLC Chief Manager ~c~~ ~ Ia~r~I~ ~:s~~~ ~C : Tow. ~. o~rv~ ~-}; ~~ 5~.~ ~~ v~~ a Vl' L'AVAl\ NOTICE OF SPECIAL ASSESSMENT HEARING Project #1OP680 December 2, 2002 The EAGAN CITY COUNCIL will meet at 6:30 P1VI on the 17th day of December 2002, at the Eagan City Hall, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed special assessments against the following described property: 10-03400-011-25 DONALD LARSEN GOLF HOLDINGS, LLC 1310 CLIFF RD F.AGAN, MN 55123 The special assessments aze: Special Annnai First Year First Year Type of Improvement SA No. Assessment Principal Interest Installment Water and Sanitary Sewer 3354 $4,220.02 $281.33 $464.20 $745.54 Service Water Lateral Benefit Trunk 3355 $0.00 $0.00 $0.00 $0.00 Street 3356 $58,392.75 $0.00 $0.00 $0.00 Total 562,612.77 $ 281.33 S 464.20 S 745.54 The City of Eagan will accept payment for any portion of these special assessments free of interest charges for a period of 30 (thirty) days. The interest free period begins December 18 and ends 3anuary 16, 2003. If you choose to pay after January 16, 2003 interest will be charged from December 18 to the date of payment. The First Year Interest is calculated from the date of the assessment hearing through December 31 of the following year. Please make your check payable to "City of Eagan". Mail your payment to, or pay in person at, the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, MN. 55122. Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements, which will be issued through the Dakota County Auditor's off ce. The annual installments include interest at the rate of S.5 PER CENT per year on the unpaid balance. Please tum over. ~~ Agenda Information Memo February 4, 2003 Eagan City Council VI. OLD BUSINESS A. REQUEST FOR RECONSIDERATION OF VARIANCE - DUANE OLSON ACTION TO BE CONSIDERED: Reconsider action on a Variance request to construct a 6.5-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/a of Section 34. If a motion to reconsider is not made, or fails to receive a majority vote, the request for reconsideration is denied. FACTS: • On January 21, 2003, the City Council denied a Variance request to allow construction of a 6.5-foot fence in a front yard on property located at 1250 Cliff Road. • The Findings of Facts, Conclusions and Resolution for Denial of the Variance have not been approved by the Council, but are included in this meeting's agenda for the Council's consideration. • The applicant has submitted a letter addressing the issues that came out of the January 21, 2003 Council meeting and reiterating the hardships as to why the Variance is necessary. NEXT STEPS: • If the request for reconsideration is approved, the item should be scheduled for further discussion at the February 18, 2003 City Council meeting. ATTACHMENTS (1): Letter from Applicant, page ~D 79 From: Duane A. Olson 1250 Cliff Road Eagan, MN. 55123 (651)454-0400 To:Eagan City Council RE: Request to reconsider fencing variance at 1250 Cliff Road I respectfully request that you reconsider my application for a variance and would appreciate the opportunity to show you why on site. I had looked into re-planting . Due to the acidic soil from the pine trees and the limited sunlight on the north side of them it would be difficult for anything to grow. The bike path also poses a problem as it comes within a few feet of my property. The variance being requested is for b' panels; the additional height is for a decorative top to the post trying to improve the appearance of the fence. I do not believe that a 42'' fence will be sufficient in height to block the headlights of vehicles leaving Oak Chase Road as they are climbing an incline as they approach Cliff Road. The noise from the road has greatly increased since the improvements. I did not bother putting screens on my windows last year because the noise is too loud to have the windows open. The noise is also a constant companion with the windows closed. I wish to thank those who took the time to view the property before the public hearing and would like all of you to have a chance to listen to the noise level from the traffic. I believe this would help to lend further understanding to my request. I can be reached at (b51) 454-0400 from 5:30 P.M.-10:30 P.M. or you can leave a message and I will get back to you as soon as I can. ' Sincerely, Duane A Olson G ~ O•l~~ 80 Agenda Information Memo February 4, 2003 Eagan City Council B. CONFIRMATION OF FINDINGS OF FACT. CONCLUSIONS & RESOLUTION OF DENIAL (VARIANCE}- DUANE OLSON ACTION TO BE CONSIDERED: To confirm the Findings of Fact, Conclusions & Resolution of Denial of the Variance request of Duane Olson fora 6.5-foot fence in a front yard on property located at 1250 Cliff Road in the NE'/4 of Section 34. FACTS: • At its regular meeting on January 17, 2003, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Variance request of Duane Olson to be considered at the February 4, 2003 Council meeting. • The applicant has submitted a request for reconsideration of the denial of his Variance application. If the Council approves the request for reconsideration, action on this item should be continued accordingly ATTACHMENTS (1): Findings of Fact, Conclusions and Resolution of Denial, pages goZthrough 8/ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT, In Re: Application of Duane Olson CONCLUSIONS AND For aThree-foot Variance to Construct a RESOLUTION Fence in a Front Yard at l 250 Cliff Road This matter came before the Eagan City Council at its meeting of .Tanuary 21, 2003. The Council received and considered the January ] 3, 2003 Planning Report; input from City staff; all existing files, records and prior proceedings and material as presented to the Council. Duane Olson appeared at the meeting. Based upon all the files, records and input presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 2. The Applicant is the owner of the Property located within the City of Eagan. "hhc application by Duane Olson (the "Applicant") for athree-foot variance from the rcquireci maximum of 42 inches to construct a 6.5-foot fence in a front yard on Property located at 120 Cliff Road (the "Property") is properly brought before the Eagan City Council. 3. Cliff Road abuts the Applicant's property immediately to the North. There is presently an existing residential house and two detached accessory buildings on the Propert}~. There exists a row of mature evergreen trees on the northern edge of the Property along Cliff Road. 4. Recently the County of Dakota reconstructed Cliff Road adjacent to the Propert} . The County As, part of the reconstruction, acquired a portion of the Applicant's Propert} . Dakota county removed vegetation which previously existed along the north edge of the ~~ Applicant's Property and trimmed the ]ower branches off of the evergreen trees to provide a sale clearance above a newly constructed trail. 5. h1 conjunction with the acquisition of a portion of the Applicant's Proicrt~ . Dakota County paid the Applicant for the loss of value to the Property as a result of the removal of the vegetation. 6. The Applicant's Property is zoned R-1, Single-Family Residential under the Cite Code. 7. Pursuant to section 11.10, subdivision 20. (B) 3., fences located in the front ~-ard of Property that is zoned residential cannot exceed 42 inches in height. A. The Applicant states that vehicle headlights from the Oak Chase IZ~~a~1 inicrscction with Cliff Road now shine into the Property and into the north facing ~~~indo~~s ol~his house. 9. 'The Applicant states that the proposed fence will help block the headlight ~~larc. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. ?. The granting of a variance is not necessary to alleviate hardship or difficulty, but rather is a convenience for the Applicant. >. The Applicant may reduce the impacts to his Property by means of replantim~ ve~,etation along the newly established boundary with Cliff Road. 4. The glare from headlights shining onto the Applicant's Property or into his windows can be reduced or eliminated through the planting of replacement vegetation or the construction of a fence that meets City Code. 5. Applicant continues to have a viable use of the Property without the variance. $3 RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requrst for a variance is hereby denied. Dated at Eagan, Minnesota this day of February 200>. CITY OF EAGAN By: Pat Geagan Its: Mavor By: Maria itarels Its: City Clerk 8~ Agenda Information Memo February 4, 2003 Eagan City Council Meeting NEW BUSINESS A. DEVELOPMENT AGREEMENT -KEYSTONE COMMUNITIES OF EAGAN LLC ACTION TO BE CONSIDERED: To approve the development agreement, including the sale of public land, with Keystone Communities of Eagan LLC for 126 units of senior housing in the Cedar Grove Tax Increment Finance Redevelopment District No. 1. FACTS: • In October 2001, the City Council established the Cedar Grove Tax Increment Financing District No. 1 in the Cedar Grove Redevelopment Area. • The City Council previously directed staff to proceed with negotiations for a senior housing project at the southeast corner of Silver Bell Road and Cedar Grove Parkway. Keystone Communities was selected by the City Council as the preferred developer. • Keystone is proposing to develop 126 units of senior housing. The 4-story development will include independent living, assisted living, and memory care units. • The City has acquired a number of properties in the Langhoven Addition for public right-of--way to improve the Silver Bell Road and Cedar Grove Parkway intersection, as well as for redevelopment. As part of the development agreement, six publicly owned parcels are to be sold to Keystone for $945,000. • . The City Council and EDA would agree to waive park and trail dedication fees in the amount of $207,000. There is no other cash subsidy or tax increment financial assistance directly to the developer as part of this agreement. • The project is estimated to generate over $1 million dollars in tax increment for reinvestment opportunities in the Cedar Grove Redevelopment District. • The Eagan Economic Development Authority held a Public Hearing and approved the agreement and sale of public land at its special meeting on January 21, 2003. ATTACHMENTS: • Development agreement is attached on pages ~ through ~ . 8s DEVELOPMENT AGREEMENT Dated February 4, 2003 Relating to TAX INCREMENT FINANCING DISTRICT NO. 1 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and KEYSTONE COMMUNITIES OF EAGAN, LLC This Instrument Drafted by: Faegre & Benson LLP (SCR} 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 g6 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this 4th day of February, 2003, 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 KEYSTONE COMMUNITIES OF EAGAN, 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. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Project Area (the "Redevelopment Project Area") 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 land acquisition and certain public improvement costs in the Redevelopment Project Area; and WHEREAS, the Developer has proposed a senior housing development 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 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: S7 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 Costs. $1,198,718, being the costs of the City and the EDA of acquiring the Property, demolition of existing structures and any relocation costs. (b} Certificate of Completion. The certificate of Substantial Completion of the Improvements set forth in Exhibit B hereto. (c) C_yt .The City of Eagan, Minnesota. (d) CitX Assessments. $84,596, being the amount which the City will assess against the Property for the Public Development Costs. (e) Commencement Date. The date on which the Developer commences construction of the Improvements. (f) CitX Dedication Fees. $207,270, being the development fees which the City is entitled to receive for park and trail dedication with respect to the Improvements. (g) Developer. Keystone Communities of Eagan, LLC, a Minnesota limited liability company, its successors and assigns. (h) Development. The Property and the Improvements to be constructed thereon by the Developer according to the Housing Plans approved by the EDA and the City. (i) EDA. The Economic Development Authority of the City of Eagan, Minnesota. (j) Housin P,g lans. Collectively, the plans, drawings and related documents referred to in Exhibit C which establish certain design and construction standards for the Improvements. (k) Improvements. Each and all of the improvements to be constructed on the Property by the Developer, which shall include at least 126 senior housing units consisting of a combination of independent, congregate care and assisted living units, as specified in the Housing Plans identified in Exhibit C hereto, but excluding any and all personal property. (1) Mortgage and Holder. The term "mortgage" shall include the 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. (m) Pro a .The real property which is a part of the TIF District and which is legally described in Exhibit A attached hereto. (n) Public Development Costs. The costs of road and other public improvements for Silver Bell and Cedar Grove Parkway known as Project 800R allocable to the Property. (o) Qualifying Costs. Those Acquisition Costs and Public Development Costs which satisfy the requirements of Minnesota Statutes, Section 469.176, Subd. 4(j). (p) Redevelopment Plan. The Redevelopment Plan for the Cedar Grove Redevelopment Project Area, as amended from time to time. (q) Substantial Completion or Substantial, Complete. Completion of construction of a Unit or Units, as evidenced by the issuance of a Certificate of Occupancy by the City. (r) Tax Increment Financing District (TIF District). Tax Increment Financing District No. 1 created by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and described in the TIF Plan adopted therefor. (s) Tax Increment Financing Plan (TIF Plan). 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 October 2, 2001. (t) Unit. A senior housing unit constructed on the Property in accordance with the Housing Plan Documents. (u) Other Terms. Terms defined in other sections of this agreement have the meanings given them. 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. Housing Plan Documents. D. Description of Additional Property E. Repurchase Agreement 89 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) 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 representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer has made the necessary applications for commitments for the financial resources for acquisition of the Property and construction of the Improvements. (c) The Developer will, to the extent required by this Agreement, construct the Improvements in 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 bylaw, 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 other applicable environmental laws. (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 maybe constructed. 90 Section 2.2 By the EDA. The EDA makes the following representations as the basis for the undertaking on its part herein contained: (a) The EDA is authorized bylaw to enter into this Agreement and to carry out its obligations hereunder. (b) The Property is zoned for purposes which include the Development as proposed. (c) The EDA has duly established the Redevelopment Plan pursuant to Minnesota Statutes Sections 469.001 through 469.047 and has created TIF District No. 1 pursuant to Minnesota Statutes Sections 469.174 through 469.179. (d) The EDA's primary objective is to redevelop the Property and provide housing and not to create employment opportunities. Section 2.3 By the City. The City represents that it is authorized by law to enter into this agreement and to carry out its obligations hereunder. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS• PUBLIC IMPROVEMENTS OTHER DEVELOPER OBLIGATIONS Section 3.1 Approvals and Commencement of Construction of Improvements. Promptly upon execution of this Agreement, the Developer shall (a) pay the EDA $12,500 for out-of-pocket legal, financial and planning fees relating to the negotiation and approval of this Agreement, (b) complete the Housing Plans and (c) proceed with due diligence to obtain the land use approvals necessary to commence construction of the Improvements. Housing Plans for the Improvements shall be subject to approval by the City in accordance with City design guidelines in effect at the time of approval. This Agreement shall terminate if the Housing Plans are not approved by the City on or prior to May 15, 2003. The Developer agrees that it will construct Improvements on the Property only in accordance with the approved Housing Plans. Construction of the Improvements shall commence no later than 180 days after the Developer obtains the land use approvals necessary to commence construction. Section 3.2 Completion of Construction. The Developer shall Substantially Complete at least 126 Units prior to December 31, 2005. All construction shall be in conformity with the approved Housing 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. 9/ Section 3.3 Pre-Conveyance Obligations of the EDA and City. The EDA shall at its expense cause soil tests and a Phase I environmental survey of the Property to be delivered to the Developer and remove all structures from the Property no later than February 28, 2003. By February 28, 2003, the City shall delineate the wetlands on the Property. By February 28, 2003 the EDA shall cause an ALTA survey of the Property to be prepared. Section 3.4 Conveyance of Property; Option to Repurchase. The City anal the EDA have acquired the Property on which the Improvements are to be constructed. Subject to the satisfaction of the conditions precedent in Section 3.5, the City and/or EDA shall convey the Property to the Developer and the Developer shall purchase the Property for a purchase price of $945,000 as provided in this Section 3.4. The closing will occur within 30 days after all conditions set forth in Section 3.5 have been satisfied or waived by the applicable party, but in no event later than May 30, 2003. The City and/or EDA will convey title by Warranty Deed, which will be in recordable form and contain any covenants required by Minnesota Statutes, Section 469.029, Subd. 5 and 469.105, Subd. 6, and will be recorded, with the Repurchase Agreement described below, on the closing date by a title company reasonably acceptable to each party. The City and/or EDA shall, with the proceeds of sale, pay and satisfy the City Assessments. The Developer will pay all closing costs and costs for recording the Warranty Deed, including deed tax due on such recording. Unless otherwise mutually agreed by the City, EDA and the Developer, the execution and delivery of all contracts, deeds and closing documents and the payment of any purchase price will be made at the EDA's principal office. As a condition to closing, each party must execute and deliver the Repurchase Agreement attached hereto as Exhibit E. Section 3.5 Conditions Precedent to Conve a~nce. (a) The obligation of the EDA to convey to the Developer the Property will be subject to the Developer's satisfaction, or waiver in writing by the EDA, of all of the following conditions precedent on or before April 30, 2003: (1) The Developer shall have obtained, and provided evidence acceptable to the EDA of, financing or sufficient equity for development of the Improvements. (2) The City shall have approved the Housing Plans for the Improvements. (3) The Developer shall have received all governmental permits and approvals necessary to construct the Improvements. (4) The EDA shall have received an opinion of Developer's counsel, dated as of the date of conveyance, that: the Developer has been duly formed and is in good standing under the laws of the state of its organization; the Developer is duly qualified to transact business in the State of Minnesota; the Developer has the requisite power and authority to enter into and perform this Agreement; this Agreement has been duly authorized by all necessary action on the part of the Developer and has been duly executed and delivered; the execution, delivery and performance by the Developer of 6 9a this Agreement does not conflict or result in a violation of the Developer's Articles of Organization or member control agreement; and this Agreement is a valid and binding obligation of the Developer, enforceable in accordance with its terms. (b) The obligation of the Developer to purchase the Property will be subject to the satisfaction, or waiver in writing by the Developer, of all of the following conditions precedent on or before Apri130, 2003: (1) All structures shall have been removed from the Property. (2) The Developer shall have submitted Housing Plans for the Improvements that are approved by the City. (3) The Developer shall be satisfied that the results of the Phase I Environmental Assessment and any other environmental and soil investigations do not indicate any conditions that would materially adversely affect the development of the Improvements. In the event this condition is not satisfied or waived by Developer, and after all good faith efforts have been made to cure adverse conditions, the EDA shall refund the $12,500 development agreement fee described in Section 3.1. (4) The Developer shall be satisfied that the wetlands delineated by the EDA do not materially adversely affect the proposed development of the Improvements. (5) The Developer shall be satisfied with its review of title and survey matters relating to the Property and the EDA shall have provided to the Developer a commitment for an ALTA owners title insurance policy covering the Property. In the event this condition is not satisfied or waived by Developer, and after all good faith efforts have been made to cure adverse conditions, the EDA shall refund the $12,500 development agreement fee described in Section 3.1. (6) The Developer shall have entered into a satisfactory construction contract for the Improvements and have obtained a satisfactory commitment for mortgage financing. Section 3.6. The Subsidy. The EDA is providing a subsidy to the Developer in an amount equal to the sum of the Acquisition Costs and City Dedication Fees less the purchase price paid by the Developer under Section 3.4. Section 3.7 Certificate of Completion; Payment of Subsidy. Promptly after notification by the Developer of the Substantial Completion of the Improvements, the EDA shall inspect the construction of the Improvements to determine whether they have been Substantially Completed in accordance with the terms of this Agreement. If the EDA determines that all Units of the Development have been Substantially Completed in accordance with the Housing Plans and applicable regulations, the EDA shall furnish the Developer with a Certificate of Completion as described in Exhibit B. Such certification by 93 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 complete the Improvements. Section 3.8 Fees and Assessments. The Developer shall pay the City Assessments, provided that payment of the City Assessments shall be deferred in such manner that the City Assessments are payable in installments and bearing interest in accordance with City assessment policies, with the first installment payable in 2005. The City Dedication Fees are payable by the EDA to the City at the time fees for such purposes are ordinarily payable and are not required to be paid by the Developer. In addition to the City Assessments for the Public Development Costs, 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. The parties agree that no other provision of this Agreement shall limit the right of the City to assess the Property for its respective lawful share of the assessable costs of such public improvements. In addition, the property owners shall pay the cost of usual charges for water and sewer utility service for the Property and all fees incident to construction of Improvements on the Property, except park and trail dedication fees. Section 3.9 Reimbursement of City. To the extent of any Acquisition Costs paid by the City, the difference between the Acquisition Costs and the purchase price paid under Section 3.4 represents an advance by the City to the EDA for the payment of Qualifying Costs. The EDA shall reimburse the City for the amount of the City Dedication Fees any Acquisition Costs paid by the City from the purchase price paid by the Developer for the Property and the proceeds of obligations it may issue or from future collections tax increment from the TIF District with interest and at such times as the EDA and City shall mutually determine. Section 3.10 Alder Lane. The Developer shall at its expense improve the road surface of Alder Lane to City standards on or prior to December 31, 2005. Section 3.11 Assistance for Competing Projects. The EDA and City each agree that until the earlier of the date on which 80% of the Units are leased or December 31, 2004, they will not provide any financial subsidy to any new senior housing development which would, in the reasonable opinion of Maxfield Research, provide material competition for market share. For this purpose "subsidy" includes below-market sales of property or financing or other grants or forgiveness of fees or special assessments, but does not include the sale of land for fair market value, special assessments in the ordinary course, land use approvals or the Dakota County CDA senior project at Town Centre Drive to be constructed in 2003, for which the City has allocated an annual Community Development Block Grant (CDBG) set- aside to assist development. 9y 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 or any part thereof, 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 the Property and making the 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 N 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 EDA 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 Improvements as certified by the EDA: (a) Except only (i) transfers to an entity effectively controlled by 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 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 9s (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. (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 Approvals. Any approval required to be given by the EDA under this Article N may be denied only in the event that the EDA reasonably determines that the ability of the Developer to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. 10 96 Section 4.5 Subordination and Modification for the Benefit of Mort ag_~ees. (a) In order to facilitate the obtaining of financing for acquisition of the Property and the construction of the Improvements by the Developer, the EDA agrees to subordinate its rights under this Agreement except its rights under the Repurchase 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 construction of the Improvements, the EDA 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. EVENTS OF DEFAULT Section 5.1 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 of the Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of Sections 3.1 and 3.2 hereof; (b) Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder; (c) 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; (d) If the Developer shall file a petition under the federal bankruptcy laws; or (e) 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 60 days from the date of entry thereof. 9~ Section 5.2 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 but only after the Developer's failure to cure within 30 days of written notice of default, 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 and the City, that the Developer will cure its default and continue its performance under this Agreement; (b) terminate this Agreement; or (c) take whatever action at law or in equity may appear necessary or desirable to the EDA or the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA and City 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 maybe deemed expedient. In order to entitle the EDA, the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as maybe required in this Article V. Section 5.4 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 VI. ADDITIONAL PROVISIONS Section 6.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA or City 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 or City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the EDA or City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. 9a Section 6.2 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 6.3 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 upon not less than ten days prior written notice by Developer, agrees to execute, acknowledge and deliver 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 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party 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 3830 Pilot Knob Road Eagan, MN 55122 (b) As to the City: City Administrator 3830 Pilot Knob Road Eagan, MN 55122 (c) As to the Developer: Kristi Olson Chief Manager/President Keystone Communities of Eagan, LLC 5200 Willson Road, Suite 150 Edina, MN 55424 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 6.4. Section 6.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. Section 6.6 Additional Property and Agreements. The City and EDA acknowledge that the Developer has an interest in acquiring all or a portion of certain additional property 9g which is described in Exhibit D. The Developer shall report to the City and EDA the status of its efforts to acquire such property on or prior to August 1, 2003, whereupon the City and EDA shall consider extension of a preliminary development agreement regarding such property upon payment of $12,500 to cover out-of-pocket legal and consulting costs. 14 ~~ IN WITNESS WHEREOF, the EDA, City and Developer have caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By President And By Executive Director KEYSTONE COMMUNITIES OF EAGAN, LLC By Its Chief Manager/President And By Its Secretary/Treasurer CITY OF EAGAN By Mayor And By City Clerk 15 ~~~ STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , by and the President 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 16 /d STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by ,the Chief Manager/President and ,the Secretary/Treasurer of Keystone Communities of Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public x17 /[/ 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 ] :941033.04 /D'f EXHIBIT A DESCRIPTION OF PROPERTY [Legal description of parcels with PID Numbers 104445001001, 104445002001,104445003001, 10445004001, 104445010101 and 104445006101, less land required for roadway] /as EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Keystone Communities of Eagan, LLC has fully and completely complied with its obligations under that document entitled "Development Agreement," dated January _, 2003 between the Eagan Economic Development Authority, the City of Eagan and Keystone Communities of Eagan, LLC 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 Development Agreement. DATED: ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director B-1 /~~ EXHIBIT C Housing Plan Documents The Housing Plans consist of /O~ lI15J03 EXHIBIT E Form of Repurchase Agreement REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 2003, 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 Keystone Communities of Eagan, LLC, a Minnesota limited liability company (the "Developer"). WHEREAS, the EDA, City and Developer have entered into a Development Agreement, dated as of January _, 2003 (the "Contract") relating to the development of a certain tract or parcel of land situated in Dakota County, Minnesota, and being more particularly described on Exhibit A attached hereto and by this reference incorporated herein, hereinafter called "Property." WHEREAS, contemporaneously herewith the EDA and the City have conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If (a) Developer has not entered into a bona fide contract with a reputable builder for the construction of the Improvements (as defined in the Contract) on the Property and (b) such builder has not commenced construction thereof within one hundred eighty (180) days after Developer has received the last governmental approval deemed necessary by the City to permit the construction of the Improvements, then the EDA may at its option repurchase the Property for $945,000 less the amount of any liens on the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the 180-day period. Upon receiving the repurchase price in cash (less any mortgage balance the EDA is willing to assume) from the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any encumbrances placed or suffered thereon by Developer except any mortgage acceptable to the EDA. E-1 /~ U Section 2. RELEASE: If written notice of option exercise is not timely given to Developer or if Developer enters into the required contract and begins construction within the required period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case maybe, prepaid and registered or certified mail, return receipt requested, at the following addresses: To Developer: Keystone Communities of Eagan, LLC 5200 Willson Road, Suite 150 Edina, MN 55424 Attention: Kristi Olson To the EDA: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 Attention: Executive Director Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 4. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. E-4 /D! IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. DEVELOPER KEYSTONE COMMUNITIES OF EAGAN, LLC By: Its: Chief Manager/President By: Name: Michael J. Lewis Title: Secretary/Treasurer STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 2003, by ,the Chief Manager/President and ,the Secretary/Treasurer of Keystone Communities Limited Liability company, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public E-4 /~~ EDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Name: Title: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2003, by ,the of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Faegre & Benson LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 766-7000 M 1:941033.04 /// EXHIBIT A Property Legal Description [INSER T TO COME) M1:941033.04 %i2 Agenda Information Memo February 4, 2003, Eagan City Council B. INTERIM USE PERMIT -PETER LUND ACTION TO BE CONSIDERED: To approve an Interim Use Permit to allow outdoor storage ofsemi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE '/4 of Section 11 and SW '/4 of Section 12, subject to the conditions in the APC minutes. OR To deny an Interim Use Permit to allow outdoor storage ofsemi-trailers and prefabricated modular buildings on property located southeast of Mike Collins Drive and Borchert Lane in the in the SE'/4 of Section 11 and SW'/4 of Section 12. FACTS: • The site is vacant and the upland area is relatively flat. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep wooded slopes along the banks of the pond. • The current outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles. • The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. The park is expected to be open to the public in August 2004. • Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. Surfacing of the storage area is proposed to be recycled bituminous aggregate and a grass swale will be constructed to divert storm drainage away from the existing steep slope and reduce the further potential erosion of that slope. • A revised site plan will be required to provide increased setbacks to meet City Code standards, and aisles within the storage area for maneuvering and access to the interior trailers. ISSUES: • Dakota County Environmental Services requires closure of the site because it was part of a construction debris landfill in the 1970s. Therefore, the proposed site and grading/draining plan has been forwarded to Dakota County Environmental Services for review and we expect to receive their comments prior to the Council meeting. • The applicant proposed the interim use permit for a period of 3 years. Staff suggested, and the APC concurred with, an 18-month term so that the termination date of the Interim Use Permit coincides with the expected opening of the adjacent park. ATTACHMENTS (2): January 28, 2003, APC Minutes, pa es ~ through ~~ Staff report, pages through~~ /~ City of Eagan Advisory Planning Commission Meeting Minutes ~~ ~~~ January 28, 2003 Page 3 IV. PUBLIC HEARINGS A. INTERIM USE PERMIT -ROAD EQUIPMENT PARTS CENTER An Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. lst Addition, lying west of 3275 Dodd Road in the SE'/4 of Section 11. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated January 23, 2003. She noted the background and history. Applicant Peter Lund asked that the Interim Use Permit expire in 36 months, rather than 18 months as listed in the conditions. He stated preference of condition 8b. He would also like to use the recycled asphalt for the resurfacing material. He explained that many of the neighboring property owners are not required to adhere to the same setbacks. He asked that he not be obligated to landscape the property until the park is completed. 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. Chair Huusko asked Staff if the neighboring properties' setbacks were in place before the setback requirement was established in the ordinance. Planner Dudziak stated she is not sure which neighbors the applicant is referring to, however they were most likely in place before the park was established and therefore, evaluated based on the previous industrial zoning of that property. Member Gladhill stated the 18-month term of the interim use is appropriate. He stated once the park is completed, it would no longer be an appropriate use. He stated the number of semi-trailers does not need to be established due to the wording of condition five. He stated approval of the request to use recycled asphalt. He suggested an additional condition requiring an application for a Conditional Use Permit on the adjacent property. He recommended approval with the amended conditions. Chair Huusko stated concern that the outdoor storage limits in the area are not consistent. He stated agreement with Member Gladhill. //S' City of Eagan Advisory Planning Commission Meeting Minutes ('~ ~~ T January 28, 2003 1•~ ^ Page 4 Member Heyl agreed with Member Gladhill except for the recommendation for the additional condition requiring a CUP application on the adjacent property. City Attorney Bob Bauer stated the Interim Use application on the subject site is appropriate. He explained that requiring a Conditional Use Permit application on a separate parcel is not appropriate. He suggested that a maximum number of trailers be established in condition number one. Senior Planner Ridley explained that a City Council member had expressed interest that the Advisory Parks Commission review the request. Member Miller suggested an interim period of 12 months, rather than 18 months as stated in condition number two. Member Heyl moved, Member Bendt seconded a motion to approve an Interim Use Permit to allow outdoor storage on Pt of Lot 1, Block 1, Lying in Sec. 11 & 12 Borchert Ingersoll, Inc. 1 S` Addition, lying west of 3275 Dodd Road in the SE '/4 of Section 11 subject to the following conditions as amended: This Interim Use Permit shall allow outside storage of up to 30 semi trailers and/or prefabricated modular storage units. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire Marshal/Fire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this /~s City of Eagan Advisory Planning Commission Meeting Minutes Q ~C~ January 28, 2003 L„j rr Page 5 grading work shall be prepared and signed by a registered professional engineer. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. Member Steininger stated agreement with the applicant. He explained that the City decided to make a park; therefore the applicant is forced to change his property. He stated preference that the applicant be allowed 36 months as requested rather than the 18 months stated in condition number two. Member Miller explained that with the 18-month allowance, the City would have the opportunity to address screening upon expiration and renewal of the permit. He mentioned that the property has had problems with run off in the past. ChairHuusko stated agreement with Members Heyl and Gladhill. All voted in favor. Motion carried 7-0. //6 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 23, 2003 APPLICANT: Peter Lund, Road Equipment Parts Center PROPERTY OWNER: Peter Lund REQUEST: Interim Use Permit CASE : 11-IN-04-10-02 HEARING DATE: January 28, 2003 APPLICATION DATE: Dec. 18, 2002 PREPARED BY: Pamela Dudziak LOCATION: Southeast of Mike Collins Drive and Borchert Lane COMPREHENSIVE PLAN: 1ND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings. The subject property is located at the southeast corner of Mike Collins Drive and Borchert Lane in the SE '/o of Section 11 and SW '/4 of Section 12, legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 151 Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 6 states: The Council may issue interim use permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk performance standards of the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The user agrees to any conditions that the Council deems appropriate for permission of the use; and //7 Planning Report -Peter Lund January 28, 2003 Page 2 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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 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. //s Planning Report -Peter Lund 7anuary 28, 2003 Page 3 BACKGROUND/HISTORY The property was platted in 1975. A review of aerial photos show a history of trailer storage on this property dating back to 1985 or earlier, though there is no record of a conditional use permit for such outside storage on this site. The can-ent outside storage on this site is accessory to the business operations on the adjacent property to the east (3275 Dodd Road), which is occupied by Road Equipment Parts Center. Road Equipment Parts Center provides parts and service for commercial vehicles "to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own," and "much of the work involves the brakes and suspensions of trucks and trailers." According to the applicant, "all of the companies that have occupied the building since the late 1970s have had service departments which have worked on commercial vehicles." This site was part of a construction debris landfill during the 1970s. As such, Dakota County Environmental Services requires closure of the site, which involves clean-up of any debris along the edge of the pond, grading, and establishment of acceptable ground cover. Therefore, the proposed site and grading/drainingplan have been forwarded to Dakota County Environmental Services for review and comment. City staff was made aware of the existing trailer storage in the summer of 2002, when staff was called to the property by Dakota County Environmental Services to discuss closure of the site. EXISTING CONDITIONS The site is currently vacant and relatively flat on the upland areas. Prefabricated modular buildings are currently being stored on the site. The westerly part of the site contains part of a pond with steep slopes along the banks of the pond. To the east is another industrial parcel, occupied by the applicant, Road Equipment Parts Center. The adjacent property to the south is owned by the City and guided P, Park, and development of athletic fields is anticipated to begin on the park site in Spring, 2003. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Industrial I-1, Limited Industrial IND, Limited Industrial South Vacant P, Park P, Park East Industrial I-,1 Limited Industrial IND, Limited Industrial West Vacant Right-of-way;1-1, Limited Industrial IND, Limited Industrial //9 Planning Report -Peter Lund 3anuary 28, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding_Area -The proposed use appears compatible with the surrounding area in the short term. Aside from the future park, surrounding properties are zoned the same as the subject site, I-1, Limited Industrial. The site is also relatively isolated, visibly exposed only to the adjacent Road Equipment Parts Center, for which the outdoor trailer storage is proposed, and the North Fields park property, which is currently vacant and unimproved. The site is also well-screened from Mike Collins Drive by existing trees around the pond. As the City makes improvements to North Fields park, however, the compatibility of this interim use with surrounding development should be reevaluated. Construction on the North Fields athletic fields complex is anticipated to begin in 2003, with the expectation that the fields maybe ready for use in the fall of 2004. Site Plan -The proposed site plan shows the relatively flat upland area of the site adjacent to the Borchert Lane right-of--way as trailer storage. Surfacing is proposed to be recycled bituminous aggregate. Grading of the area will be required to direct storm drainage and prepare the site for the trailer storage. The arrangement of the trailers shown on the site plan maximizes the number of trailers (51), but leaves no access to trailers in the center or west edge of the site. The Fire Marshal/Fire Chief has indicated that access must be provided to all of the trailers. In addition, the site plan shows setbacks that are less than required in the I-1 zoning district for outdoor storage. The site plan shows a 20-foot setback from the Borchert Lane right-of--way, and aten-foot setback from the south property line adjacent to park property. Minimum required setbacks are 40 feet and 50 feet respectively. Therefore, the applicant should submit a revised site plan that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the City Fire MarshaUFire Chief and Planner. Landscaping - No landscaping is proposed at this time. Since this is an interim use and changes are anticipated on the adjacent park property in the near future, landscaping improvements were not proposed. Landscaping can be reviewed after the park and street improvements are implemented, upon application for renewal of this permit. Grading -The existing grades generally slope toward the west side of the site. The applicant is proposing to construct and/ or maintain the storage areas with a recycled asphalt aggregate gravel surface. The applicant is not proposing to construct the perimeter of the outdoor storage areas with concrete curb and gutter. City code requires that all off-street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. ~,1U Planning Report -Peter Lund January 28, 2003 Page 5 Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement and is required for off-street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas, generally under conditional use permits. Those permits that have allowed recycled asphalt aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The applicant should obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. The applicant should be responsible for installing and maintaining erosion control measures in accordance with City engineering and code standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. Storm Drainage -Storm water runoff from the site will drain overland via a constructed grass Swale to the northwest toward Pond EP-2. The construction of the Swale is to divert storm drainage away from the existing steep slope, and reduce the further potential erosion of that slope, directly above Pond EP-2. City staff will review the area for any new erosion that the drainage swale may create. If so, the applicant should implement measures to mitigate that erosion. Wetlands/Water Quality -The site is located in the E-watershed and encompasses part of City Pond EP-2, which is currently classified as a Class V Nutrient Trap, according to the Water Quality Management Plan. Pond EP-2 also is officially designated as Public Water Wetland 19- 136W, which means that certain activities within the ordinary high water mark are regulated by the Public Waters Work Permit Program. However, Pond EP-2 has a surface area of approximately 14 acres, and thus could be considered a lake because of its size. It also contains a sport fishery. Stormwater from the development site drains to the lake and then northward to the F-watershed, which drains westerly to the Minnesota River via the storm sewer system along Interstate 494. Due to the size of the site, construction of a stonmwater treatment pond is impractical. The developer proposes to construct a vegetated swale along the length of the site to which stormwater will drain and from which runoff will flow to the lake by overland means. Utilities -City sanitary sewer and water main systems are available within Borchert Lane to the east. However, no connections to the systems are proposed with this application. /ai Planning Report -Peter Lund January 28, 2003 Paee 6 Access -Access to the site is currently from Borchert Lane, a gravel road within public right-of--way along the east edge the site. Borchert Lane intersects with Mike Collins Drive and also provides access to North Fields, an athletic field complex south of this site being developed by the City Parks and Recreation Department. Tree Preservation - No trees are proposed to be removed with these site improvements. Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.701ists performance standards for outdoor storage as follows: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. No enclosure is proposed at this time. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There is no building on the site to establish a front yard, however, the storage area is proposed to be located on the eastern portion of the site adjacent to Borchert Lane. The site plan shows a 20-foot setback to the Borchert Lane right-of--way and a 10-foot setback from the south property line. As mentioned previously, the I-1 zoning district requires that outdoor storage areas be set back a minimum of 40 feet from the public right-of--way and 50 feet from park land. Therefore, these setbacks should be reflected on a revised site plan submitted to the City for staff review and approval prior to release of the Interim Use Permit for recording. 3. The outdoor storage area shall be screened from view from the public right-of--way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area is well-screened from Mike Collins Drive by natural trees and vegetation. No screening is provided from Borchert Lane, however, at present Borchert Lane is an unimproved public right-of--way. It is staff's assessment that because Borchert Lane is utilized only by the applicant's two sites and until the athletic fields in North Park are constructed and open to the public, additional screening measures maybe unnecessary for this temporary use. The City could require screening if the interim use permit is renewed once the park property is developed. 4. The storage area shall not interfere with any pedestrian or vehicular movement. There is little or no vehicular or pedestrian movement through the site. However, as noted above, sufficient aisles for maneuvering trailers within the site and for emergency access to all of the trailers should be provided and shown on a revised site plan. /ate Planning Report -Peter Lund January 28, 2003 Page 7 5. The storage area shall not take up required parking spaces or landscaping areas. The site is undeveloped and contains no parking or landscaping areas to conflict with the proposed storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to surface the storage area with recycled asphalt aggregate. See the section on Grading earlier in this report. Staff has visited the site and found that outside storage is currently occurring on the site and most of the existing storage consists of prefabricated modular buildings designed to be transported over the road. While the outdoor storage can be accommodated through this Interim Use Permit, continued outdoor storage is a violation of the City's zoning ordinance until the plan and site improvements are implemented in full. Therefore, any trailers currently on the site, whether truck trailers or temporary buildings, should be removed immediately, and maybe reestablished on the site only after the required grading and site improvements have been completed. The applicant has been made aware of this, and has indicated that the trailers will be removed upon City approval of a plan, so that the grading can be done. SUMMARY/CONCLUSION Peter Lund is requesting approval of an Interim Use Permit to allow outdoor storage of semi trailers on property legally described as Lot 1, Block 1, Borchert-Ingersoll Inc. 1St Addition. The subject site is located at the southeast corner of Mike Collins Drive and Borchert Lane. A revised site plan that show increased setbacks and provides access aisles between rows of trailers must be provided. The applicant is proposing to surface the storage lot with recycled bituminous aggregate rather than bituminous asphalt. No curbing, fences, or landscaping is proposed at this time. We have not yet received comments from Dakota County Environmental Services regarding the acceptability of the proposed plans for grading, drainage and ground cover as it pertains to their standards for site closure. We hope to have such comments prior to the City Council meeting. With the adjacent North Fields park anticipated to be operational in the Fall of 2004, staff suggests an 18-month term for this Interim Use Permit. The interim use permit should specify the number of trailers that will be allowed to be stored on the site. It is difficult to identify at this time how many trailers can be accommodated on the site once the setbacks have been increased and the necessary access aisles provided. Once a revised site plan that is acceptable to the Fire Marshal/Fire Chief has been submitted, the maximum number of trailers will be included in the specifications of the interim use permit. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow outdoor storage of semi trailers and prefabricated modular buildings on Lot 1, Block 1, Borchert-Ingersoll Inc. 1St Addition, in the SE '/4 of Section 11 and SW '/4 of Section 12. /<? 3 Planning Report -Peter Lund January 28, 2003 Paee 8 This Interim Use Permit shall allow outside storage of semi trailers and/or prefabricated modular buildings. 2. This Interim Use Permit shall terminate on August 4, 2004 (18 months). 3. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit maybe revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 5. The applicant shall submit a revised site plan for trailer storage that incorporates additional setbacks to satisfy City Code requirements and provides aisles between rows of trailers for maneuvering and emergency access. The revised site plan will be subject to review and approval by the Fire MarshaUFire Chief and Planner. 6. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. Detailed plans for this grading work shall be prepared and signed by a registered professional engineer. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's recently codified land disturbance and erosion control regulations. 8a. The proposed outdoor storage areas shall be surfaced with bituminous asphalt. OR 8b. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by city staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 9. All parking and storage areas shall be properly maintained to prevent deterioration. /ay Esyan Boundary Location Map ~P~~ tM SWldinp FootpelM ,~, .` , I ~ -- ~~ ... 'w- q ~~~ i K. `~~ ~ ~ ~ ~ ~~ a ,, ~ .r, °~ °~ • `( _ ~~ ~1-+ J ~ a l ~ • 0 6 0 . g .m ~ --T~ ---ti ~ ~ ~ ~ ~_ Sub'ect Site ~ ~ ~ i ~.,.__ ~ ~ :~ ~~ W °° ° .,~ ©~~~ ~®. o© ©4 r~ ~_. ~ ^ : v d . e 7 f. * 9 fl ~ °f r \ Y ~,, . f .-F ~ ~ "'-' p . ~~. •4.i '~rr •~ ~- OTC! ~L ~J t" ; ~ .-~ ~ ~ ~ ~ ~, .1 ~p ; `~ 4 ~4 ~ ' ~~ Q ~ O ~ ~. 3 g ~ a ''a mi ~m a ~ ~ ~ ~ ~ ~ W `~ ~ ~ ~~ ~~ .1 r.. i r ,, ® ®® i ..... 1000 0 1000 2000 Feet DevelopmentlDeveloper: Peter D. Lund Application: Conditional Use P Case No.: 11-1 N-0410-02 /~ ~- Map Prapand uafnq ERlN AreVNw w mip d•ta provtdad by pkoza County Land Sunny D~panmant and w ewnnt as d MuM 2002. REFERENCE UsE ONLY N w E City of Eagan MIN .k E S C 7 a TNIS MAP 13 INTENDED FOR Tha City of Eapn and Dakota County do not yuanMoo tba aceunry M this IMormation and an S Ce~mnu/iry Dwdeprn~! o.p.nn.ne not nsponNblo to/ onors M omiastons. Current Zoning and Comprehensive Guide Plan Peter Lund Land Use Map Case No. 11-IN-04-10-02 Zoning Map Current Zoning: -1 Limited Industrial 000 0 000 12w !.N u ro A 41 H 41 ro A n„~ a In .,~~ ND .~ ro 1.1 1-t R/ ti Pa Lt In -1 i•1 RA • I-~ 1 Location ro ~ n I t 1.1 P PD PD 6 PD . ~~.rn.m-a r~ Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial ue • w uw p.t IND IND IND •t Ilc sA ~~ ~.~hn-'~'.~~. b N lD RC `IND ••~ 1 INO IND 1 ~w MD IND IND P IND P ~D Location ! i IND b wD IND IND IND ~~ 1erD01 Mw IneP ornletlen'pro 0~ Ceunt d faen0y DOPOrtment 70PtOm0er 2002 N zoeln~ Intorwetsen nea sy clty :een. City of Eagan "" E Z• THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department Tha ~Ity of Eagan and Dakota County do not guarantee the accuracy of this information. 5 G~ir :, , _ ~ s ~~ o ~~ ~ ,~• ~~ ~~ ~1~1~ ~ ~ ~~ -- ~ ~i ~i'~ ~ I ~ o i ~ ; ;; ~~ ~t I~IH'Id rJI~tIQ~2IrJ/3ZIS =: :-: ::- ~=. _. .,- ~.. ,., f-- ., ., . a^ F ~ '~- u_ i~~ \ :i ~a~ "' -` »r~ rr~ ~~~ ~f ~~~ ~ ~ / 0~6 ' 4 ,~i / 'i r ' pr »~~ ~ ia» _' / /'' ~ ' i 10E `~ ~~\ ~ e -. ~ ~ ~ ~ ~'~_\ ~, ~ ~ ~ ` , _ - ~ t ~~ / ' S: ~ 'v i + •~ .;- ~ ' rr~ % ' ~ ` / 4; f~~~ ~a; :, i i ~. - -_ - -- r r ~_ ~ ~ ~~ ~ ~ '~ 177 ~~ ~ ~~4 _ -~~ _~~ _ 1 '~ ' i / i 11'~. 'ii ~~ / ~;~~ i1*~ T 'J ~~__-__ _. ~~~1~d3'sC[' 107.OfAC _ _ _. __._` _~_ N -/ i ^` j ii/ / / / % / ~ ~~~ i ` ~^...i ~ »~ ~, 1 ~ Sri i i i r ir' ~ ~ ! ~ ~ jai /'~~ shyy d' _:' . ;. . ,8~ i dQ! e~ •• r 1 _~• ~ ~~\\ i J yy 5E0~f' _ 'F ~ ~' ~ 1 ,~ ~ ~ ROAD EQUIPMENT PARTS CENTER ROAD EQUIPMENT SERVICE CENTER The company that leases property at 3275 Dodd Road is Project Clarke, LLC. d.b.a. Road Equipment Parts Center. This company was formed in February of this year and bought the assets and assumed the leases of Transportation Components Co. which was one of 18 companies owned by the Houston, TX based TransComUSA. TransComUSA was in chapter 11 bankruptcy when this transaction took place. The property has been owned for industrial purposes by two owners, Borchert-Ingersoll (a distributor and service center for GM Terex heavy construction equipment) and Peter D Lund. Mr. Lund was the sole stockholder in Transportation Components Co. before it was merged in to TransComUSA. Transportation Components and TransComUSA has always operated a parts distribution warehouse and a service center on this site since 1994. All the companies that have occupied this building since late in the 1970's have had service departments which has worked on commercial vehicles. The ~mpany today does service work for over 901ocaf and national companies. The scope of the work is to maintain to original equipment's standards any commercial vehicle or trailer that their customers may own. Much of the work involves the brakes and suspensions of trucks and trailers. The customers shuttle various vehicles to this property for maintenance work. Most often the vehicles are scheduled for work and are dropped a few days before the scheduled work and picked up a few days after the work is completed. At most times there are between 10 and 15 power units (truck-tractors) and 50 to 60 trailers in the yard. The main activity is between 6:OOam and 10:OOpm Monday through Friday. The company is also open for business on Saturday but on a shortened schedule. ia~ Agenda Information Memo February 4, 2003 Eagan City Council Meeting C. COMPREHENSIVE GUIDE PLAN AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: r To direct staff to submit the Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area) to the Metropolitan Council for review and approval. OR To direct staff to make modifications prior to submittal of the Comprehensive Guide Plan Amendment for Special Area #5 (Cedarvale Area) to the Metropolitan Council for review and approval. FACTS: The Special Areas were created as part of the Comprehensive Guide Plan Update that was initiated in 1998 and resulted in the adoption Eagan's Comprehensive Plan 2000 in February of this year. 'r Seven Special Areas were created and reflected, generally, areas where unique circumstances exist that could be best dealt with in a manner specific to the area. Many of the areas include existing uses that are not consistent with the long-range vision for development in that area but do not negatively impact the vision and can be phased out over time. i As part of the Special Area review, each area was analyzed for future land use and corresponding goals and policies were created. The APC held a Public Hearing regarding this item on January 28, 2003 and they are recommending approval subject to the conditions listed in the draft APC minutes. Interested persons present for this item expressed concern regarding their individual properties, clarification of public notices, rezoning of their property, assessments to their property, and environmental impacts on their property. NEXT STEPS: Upon completion of review and approval of the amendment by the Metropolitan Council, staff will bring the item back to the City Council (on the Consent Agenda) for final approval and implementation. ia9 Upon implementation, staff will bring associated "consistency" Zoning Map changes through Public Hearing at the APC and then on to the City Council, as required by State law. ATTACHMENTS: (2) January 28, 2003 APC Draft Minutes on page ~. Special Area Reports, page ~~ through /~~ City of Eagan ~ ~ ~~ Advisory Planning Commission Meeting Minutes January 28, 2003 Page 6 B. COMPREHENSIVE GUIDE PLAN AMENDMENT - CITY OF EAGAN A Comprehensive Guide Plan Amendment to consider guide plan designations on property located on all quadrants of the Highway 13 and Highway 77 Intersections (Special Area No. 5) in Section 19 and the south half of Section 18. Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated January 22, 2002. He noted the background and history. Chair Huusko opened the public hearing. Interested persons present for this item expressed concern regarding their individual properties, clarification of public notices, rezoning of their property, assessments to their property, and environmental impacts on their property. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Senior Planner Ridley explained that rezoning of property is not being discussed at this time; but subsequent to the Comprehensive Guide Plan Amendment being implemented, the City will be required to rezone properties, as warranted, to achieve Comprehensive Land Use Map and Zoning Map consistency per Minnesota State law. Chair Huusko and Staff addressed resident concerns. Member Gladhill moved, Member Heyl seconded a motion to approve a Comprehensive Guide Plan Amendment to consider guide plan designations on property located on all quadrants of the Highway 13 and Highway 77 Intersections (Special Area No. 5) in Section 19 and the south half of Section 18. All voted in favor. Motion carried 7-0. /3/ ., t• ~ ~i CI t y Ot P,cK~all MEMO TO: Advisory Planning Commission FROM: Mike Ridley, Senior Planner DATE: January 22, 2003 SUBJECT: Comprehensive Plan Amendment -Special Area 5 Special Areas were created as part of the Comprehensive Guide Plan Update that was initiated in 1998 and resulted in the adoption Eagan's Comprehensive Plan 2000 in Februan~ 2001 (Map attached). Se~~en Special Areas were created because they were areas that either contained unique circumstances that could be best dealt with in a manner specific to the area or encompassed a large area the City wanted to more closely analyze. Most of the Special Areas included existing uses that were not consistent with the long-range vision for development in that area but did not negatively impact the vision and could be phased out over time. To date, the City has processed five of the seven Special Area (1.2, 3, 6 and 7) Comprehensive Guide Plan Amendments. In this case, the City was in the process of formulating a redevelopment plan for the area at the time the Comprehensive Plan was being updated. The direction of the City Council at the time .vas to create a broad Special Area that could, and ultimately would, be refined as the redevelopment process continued forward. Subsequent to further definition of long-range plans for the area, the City would process a Comprehensive Guide Plan Amendment to define Special Area Number 5. The Draft Special Area Plan is attached. Action To Be Considered: To recommend approval of the Comprehensive Guide Plan Amendment for Special Area Number 5. Please contact the Planning Department at 651-675-5685 me if you have any questions or need further information. /3~2 CITY OF EAGAN COMPREHENSIVE GUIDE REDEVEL` /33 Background: Special Area 5 encompasses the four quadrants of the Highway 77/Highway 13 interchange. See Area Map, exhibit 3.7.S.a. During the original Comprehensive planning process, the four quadrants were placed in a Special Area primarily in response to the undetermined scope of the Cedar Grove Redevelopment Ar Since that time, the boundary of the redevelopment area has been refined and it exchde~e land lying west of the Cedaz Freeway (Hwy 77). ~~ The Cedar Grove Redevelopment District is a sub aze~c the Cedarvale Mall and the area surrounding it fr~ Hof Silver Bell Road both north and south of High a 13. ' discussed in detail later in this report. The Special Area originally encom assed 500 acre ~f~ of uses including undeveloped, resitial (both single'.l office/warehouse and institutional. S~ CuFrent Zoning the Comprehensive Guide Plan was up~~d,~rrta~py inco zoning and Guide Plan designation and conformities. ~`~•~ ~i ~\ ~ / /~"`` The Cedarvale 1~rea was once co~iisider~ on the Cedarvale Mak w ch ~' const Reco~ni~izl~ the ;ia A} a 5 and it includes 77 ( Avenue) to :develo t Area will be m~mciuaes a wlde'vanety y and multiple) commercial, ~,, exhibit 3.7.S.b. At the time encies existed between n o~'~es existed as legal non- ~ l~ % ' \\ ~I` 's dowr~t'o/wn business district centered 3`rl 1965. Since then however, the dine. ~azgely to access restrictions and other '~er, Eagan Promenade and Town Center. investment in the area, the Eagan City Council'~i~itiated the Cedarvale A~ea~edevelopment Study in 1998. The purpose of the study was~ty create a viable; mix~~use azea that utilize the area's innate advantages (i.e. highway visibility and accessibility) while maintaining compatible land use relationships with surroundiilg~t~es Iii-bctober 2001, the City Council formally created the Cedar Grove Redevelopi~errt Tax Increment Financing District. ' General Area Descriution: Land Use As previously mentioned, this azea contains a variety of uses including residential, commercial, office/wazehouse and institutional. For descriptive purposes, the study area has been divided into four quadrants as described below: Northeast Quadrant: Although the Redevelopment Area is bisected by Highway 13, the City has a strong desire to create and/or maintain physical and visual "connections" between the northeast and southeast quadrants. /35~ The northeast quadrant contains a variety of uses that include approximately 20 single family residential homes and over 350 total apartment units in three buildings located north of Silver Bell Road and east of Nicols Road. The original scope of the Redevelopment Area incorporated the single family uses in this quadrant due to either inconsistencies between zoning and Guide Plan designations or legally existing nonconforming uses, i.e., single~~nily home on property guided and/or zoned Industrial. At the request of t7},~s Tents, the City Council removed the single family residential prope s Gated on Silver Bell and Wuthering Heights Roads. To achieve the re }fed on 'stency, the City Council directed a LD -Low Density Residential GQi`d lan d si ation for these affected properties. //~ Other development within the northeast gti~"d t`include a 103,000 sq foot office/showroom building, a private school, an~t~iuck s~r~i i~e and tire c p~ In addition to privately owned pro erties in the quadrant, a is gnificant amo~int of land is held by the public. Public titles controlling property include: City of Eagan, US Fish and Wildlife Servic 'and`Ivletropolitan~ouncil (Environmental Services). ~~~ \ ~,_ ~ ~~ Also, properties ~ ~ h8~ly portion`o~,this'quad~arit aresnundated with environmental se itive s~stems. These include lands elassified as Calcazeous Fen, wet mead~~and,Harn ck and Kenne ~ Creeks urban trout streams). This azea warms-~- s_u~bj~ect~~ stu~y a titled Nico s'~~, Kennealy and Harnack Creeks Pro~~e~t„.(fun~ed~by~MN~)~N~ tro en~~sPlanning Grant, Lower lv~mnesota Riv Watershed Dland City of Eagan) completed July 31, 2002. :Pnoi tq the compl 'or~of th2s study, the Crty was generally awaze of enviro?~ental issues'~in this area but-,Aad little empirical data to rely upon and, as such, the slope of envzoriinenta] impact lacked specificity. The environmental classification and associated urban trout stream buffer areas (required by the DNR) per th~~agan CiYy;Code, will result in restrictions of varying degrees to development o~privat~, end public lands displaying said characteristics. To wit, several parcels with existing homes are (legally existing) non-conforming due to encroachment of~s~uctures in the 300' creek buffer. These homes will be allowed to remain indefinitely; however, expansion of these structures would not be allowed. The table below lists all private property affected by the 300' creek buffer: Property Owner Name Property Tax ID Property Address Arends 10-01800-091-79 2133 Silver Bell Rd Bernstein 10-01900-020-25 3815 Nicols Rd Fournier 10-01800-OI 0-79 2141 Silver Bell Rd Groven Trst 10-01800-021-79 2135 Silver Bell Rd /3S j 10-01800-022-79 Hazel 10-01800-100-79 2129 Silver Bell Rd Kampa 10-01800-010-57 Naegele 10-01800-011-56 10-01800-012-52 i 10-01800-013-50 /~ ~ Peterson 10-01800-080-79 2139 tSil}~r~e~l Rd 10-01800-070-79 ~ ~~~ Pederson 10-01800-011-59 ~ ~' 10-01800-020-55~--~ ~ ~~ Ramnarine 10-01800-020-60 ~7 , Nic Rd 10-0190Q10-25 `~ ~; l/ 10-71400-.~);Q=O.1~ \, ~ .! 10-71400-02~~Of~ ~.., ~~~ ~_ ,,; Saeger ,,-~"- 1fl~65815-010=,0.1 ,,~ -,~ ~'~~~ ~~/ Sommers / ~ 1fl,,0i1800-010- ~~`' 213S~Wuthering Heights Rd ~ ~ i ~. ., Becau~eytl3~s-area serves~s a<g~way ©th~dar Grove area, the Land Use designation and~Z-omng should die P-Park for land held in public ownership in this- uadrant and pnvately held property in this quadrant, that is currently zoned Indus~ria~,~should have a Tess in~s~-~and Use designation and Zoning; BP - Busines~s .~a4~C is suggested ~? ~ \ ~, i Northwest Quadrant: Virtu+ally all property in this quadrant is owned by the Minnesota Dep~tinent'of Transportation, apparently acquired for right-of-way purposes associated with Highways 77 and 13. Portions of the azea aze within Eagan's Floodplain~Overlay District. Additionally, the bulk of the area is occupied by wetland complexes. The Land Use designation and Zoning should be P - Pazk for land held in public ownership in this quadrant. There is one small piece of privately held of property in this quadrant (Outlot A, Four Paws Addition). The adjacent property to the west (in Burnsville) is designated as Office -Business. Staff understands that a developer has an application pending to re-guide and rezone that property to allow for a single family residential development (Rivers Edge). Outlot A, Four Paws is shown to be utilized for ponding purposes to serve the proposed development. Staff has informed the City of Burnsville and the developer that Outlot A, Four Paws Addition, should be re-platted and included in the Rivers Edge plat. As such, it makes sense that it should be guided and zoned to accommodate this change. However, if the single family residential development does not come to /3G L fruition, the appropriate Guide Plan designation would be O/S -Office/Service and the zoning would be BP -Business Park. Therefore, the maps attached as exhibits show this pazcel with dual Guide Plan (O/S & LD) and Zoning designations (BP/R-1). Staff anticipates the amendment and rezoning for Rivers Edge will be complete at or neaz the time the Eagan City Council adopts the Special Area 5 amendment. Southeast Quadrant: Specific uses within this quadrant incl d~e~ac'a$t, single family residential, multiple-family residential, and co is The quadrant also includes the Cedarvale Mall which represents the~~~,~m' ant use within the study area. The 131,000 square foot mall was c6~st~cted i 1 5 in the southwest corner of TH 13 and Cedar Avenue~.//Pie ey~`the mal a high occupancy rate. Through changes in them fce~lace, site access an ged facility, the Cedarvale Mall has significantly dd ed its tail viability. A a result, the mall has evolved into a retail center char t ~i e , y "destinati - uses (i.e. Grand Slam, Bally Total fitness, etc). Pam .mar t competitiv includes newer retail center focal p'gin within the community (Eagan Promenade, Cliff Lake Center and T'~yvn ter) and l~of America. Other large developments in the quadrant incYud' a 0,000 squ , e~ot "Silver Bell Center" strip retail, "~;edarvale Highlai~s" re(~i1-s . ice on~he~irst floor and apartments above da3~ale t3owlingti,L-anes. \ `-- " \t >> ~ , Southwest uadr t: his q~ adrant of the~yipecial Area was originally considered for rede~ ment b the~C~d ale Task Fo~~~Iowever, due to development restriet1ons-mod k o ori~e3u t a - s, the ea was removed from co~i~d~eration. the ea o thl~qua t wtthm Special Area 5 is zoned Industrial and co~tains a mix~f t es tare consistent with the Industrial Zoning District, i.e., ~m~storage, an I~~1C b mess; a canine kennel, etc. There is also approx~a~tely five acres of "un, eveloped" land that is held by two natural gas companie~s~fi.uKher deve]opment of this property is impeded by utility easements that crisscross these two parcels. Due to topography and natural vegetation, this area is rather s~~e,~'It appears that the Guide Plan and Zoning designations should remain Indu al for the northerly two pazcels (kennel and mini-storage) and BP - Busine ' Park for the remaining pazcels due to their proximity to the Eagan Heights townhome development to the south. Land Use Conclusions: Based on basic land planning principles coupled with the conclusions of the market study for the Redevelopment Area, and City Council discussion/direction has resulted in varied land use designations proposals within the study area. See Land Use Map, exhibit 3.7.S.c. In areas where no significant land use or zoning changes are proposed, properties should be removed from the Special Area. The Land Use designations for the NW and SW quadrants should be removed from the Special Area designation and given designations /3~~ that accommodate current land use and acknowledge the public ownership in part of the NW quadrant. Additionally, property within the NE quadrant located outside of the Redevelopment Area should be removed from the Special Area designation and given designations that accommodate current land use and acknowledge public ownership. For the most part, uses within the northeast quadrant have been designated to reflect their present use. In a change from its prior Industrial Guide Plan designa ,the Wuthering Heights single family residential neighborhood azea is proposed tg-l;~~es~' rated LD, Low Density Residential. There aze also environmental realiti ~ h~exist in this quadrant and they aze noted earlier in this report. In additio~ is want should reflect the City's desire to promote office use in the azea lyingt~Tesse ct~School to Cedar Avenue. i~/"'~~~" Zoning Conclusions: Those parcels within the Special Area ha i~ng residential`an?Iagrkultural zoning ,~ designations will retain such zoning and~bthe~commercial/indtistrial zoned pazcels located outside of the Redevelopment Area , ~ilT~be`zoned to b~cansistent with the Land Use designation. The zoning for pazcels locate the Redeve'lnp~~ent Area need to reflect the City's vision forredevelopment. As suc ~ the ity Coihl~ii"directed the creation of a new Zon~~~I3istrict=Cedar Grove ric ~ D~~tliat will incorporate design and bulk stand~ards\establishe~l to ensurel~hat mixed ~ evelopment in the area is consistent with the ity ~on. =Nlemorializmg~ a design and bulk standards will serve to alert develo ers and properKy owr~~s to the City{. pectations regarding the appeazanc~f-the ulti?nate d~ve~"oJU'3nennc t a~d.redev~ ment within this azea. See Market Study In an effort to understand iT'fhe Cedarvale Mall and surrounding azea could expect to regain its status as a viable~retail center, or if there aze other alternative uses which could be better served by the~r~iazket, a competitive centers analysis was conducted by Towle Real Estate. The study examined competitive retail centers and the retail mazket in a seven mile radius from the study area. The study concluded that existing retail space in the study area suffers from poor access, low rents and aging buildings. The analysis of the study demonstrated that even if these conditions were corrected, large scale retail development in the azea would be ill-advised. A survey of real estate professionals was also conducted in regard to the viability of other uses within the study area. All persons interviewed felt that a market would exist for attached housing within the Study Area. These opinions were based on a strong residential land market, as well as convenient access to employment, retail, and the natural amenities of the river valley. /38 :O Hotels were also cited by development specialists as a strong potential in a future development cycle. Transportation The redevelopment area lies within the northeast and southeast quadrants of the Highway 77/Highway 13 interchange. While such highways are considered 'or traffic carriers, access and circulation in the area is difficult. The relocation of 13 (in addition to eliminating direct access to the Cedarvale Mall) resulted in i efficient roadway system along Cedarvale Boulevazd, where the oid frontag o~~to e trunk highways still remain. ~~ Such transportation conditions have resulted in efficient pattern of d~ reflecting the old roadway patterns. The cons 'o of the ighway 77 i ~ shifted access from the Cedarvale Mall area to Sily e11 R9 , a considers from the Cedarvale Mall. In addition, the confined spa 'n~'of the`~Silver Bell Cedarvale Boulevazd and Silver Bell R ad-Beau D' Rue~Dnve intersections difficult and inefficient traffic circulatio~.;~~ \ ~~ In 2001, the City approved--~~--public improJe~ient~i ojec~that wdu~4e-align the Silver Bell -Beau D' Rue - ~'edarval~ Boulevazd ~~lg~'aS`,13 ' ction. Right-of--way acquisition began ip20Q1 and~ie~najority physical improve ents occurred in 2002 and aze scheduled for ~omple ion m 003. \~ Airport Irn~cation ~~ ~'`' ^- } -. j ~ .~~\ . \ In ad'di\ion~ o the high`~{olhmes ©f tY ffic upo Highways 77 and 13, the study area will soon be subjected to increas~:d lev~ls of-airport noise and fly over traffic with the new north/soutft ru~way scheduled to beoonfe operational in 2004. Preliminary noise contours associated with the new north/south runway show only areas in the NW and SV~V~q~adrarits; and a small portion of the NE quadrant bf the Special Area lies within the 60 D1~L dour. These areas are either held in public ownership or will be designated for non"'-~sidential uses. The remainder of the area, including existing and proposed residential areas, lie outside the preliminary 60 DNL noise contour and should not be subjected to levels of noise that aze eligible for mitigation. The azea does however, lie within aone-mile buffer (of the 60 DNL contour) and airport noise will be considered as part of development review. Updates to the noise contours associated with the new north/south runway are expected sometime in the Spring of 2003 and should refine the noise impacts within the subject area. /~9 Cedar Grove Redeveloament Study Conclusions: Several conclusions were drawn in the Cedar Grove Redevelopment Study as listed below: Architectural Standards -The City needs to establish azchitectural standazds and guidelines in design to ensure that the redevelopment concept is implemented. These standards and guidelines should be codified to include residential, co rcial, green space and landscaping designs. In December 2002, the Ciry Counc' d an ordinance creating the Cedar Grove (Zoning District. Communications -The City should immediately implem oacti ca unications strategy in the Highway 77/Highway 13 area and the ' e o educa a public on the redevelopment process. The City has been proytd' g on-g ~ g informat,~o o the public. LRT/Transit - It is vital to the success o light rail transit or other modes of mass redevelopment azea in the southeast qua interchange. This option has been pres. located w~ii~the identified u~ Highway /I~ghway 13 Parking Structures - Pa,)~~g-strucfu~es must chazacter to adjacent,and t~eazby~uilc~ings. . should be minimizec~'to the~reatest extent n District. bm ib7~~se~i'e and architectural unterru t surface parking lots This is ddressed in Cedar Grove Relocation Efforts s~hc~uld-be rr~ de,to kee usir}esses desiring to remain in the azea part of the•:red~v~lopment. Displaced r i~d ~ts/businesses must be given fair market value and relocatton`assistance in`accordanee with law and industry best practices. This is being practiced.~~~ ~` ';/ .\ ~; Traffic and Access- Road and' `tier improvements must be preceded by detailed traffic analysis to assure tha a~egyate infrastructure is in place to handle the impact of full development. An Alter t~ Urban Area-wide Review (AUAR) was initiated in 2001 and adopted in 2002. ~/ General Special Area Policies: 1. The Highway 77/Highway 13 area will serve as a landmazk entering Eagan and south of the Minnesota River. 2. The redevelopment azea will contain a vital mix of uses supported fully by the mazket and responding to evolving community needs. The Silver Bell Road area entry should be more useful, visible and accessible. /5~d 4. Auto circulation through the azea should provide clear and efficient access to development sites. 5. Buildings should be attractive from Highway 77/Highway 13, as well as their primary access. 6. Development should provide an identifiable "signature" for the area, either through a signature building, an element of the public realm or through cohesive design of individual buildings. 7. Consistent architectural standazds for medium to high densi be present. ~ 8. Landscaping, green space and connections to 9. Transit should be incorporated into azea 10. Pedestrian and bicycle movement should be inte 11. Adequate parking should be lots should be avoided. in the site 12. Buffering and screeni 13. The City's goal ~3s-tQ maintain\thiv integrity particularly in the norrher~y portion of the ; uses should ~~ t .,~ Jut the area. ~ ~~ G~ expansive parking nm~fally sensitive azeas; quadrant. 14. The 15. The ~C~ty-.~ ill not support ~piecer~e'a1, lot-by-lot, redevelopment. ~ ~, 7 l 6. The City milt strive to ensure ne~Business Pazk development doe's not negatively impact exist residential properties through the development review process, including enfer~ent ofi``specific zoning standards and performance guidelines. 17. Many properties presently holding I-1, Limited Industrial zoning designations will be rezoned to BP, Business Park or P, Park. 18. In recognition of the study azea's location, the City will take full advantage of opportunities to present an attractive City image (via development quality, erection of City identification signage etc.). 19. Uniform design elements, providing identity and cohesiveness, will be adopted for the study azea. / S`/ Cl 20. To the extent possible, new development shall respond and features of the area including wetlands and mature vegetaty 21. Due to the area's proximity to the airport and the the City will discourage further subdivision of an property. 22. New development within the study area shall construction techniques, as warranted. ,• /Y~ the natural ~e n south runway, istin a ched residential ~J -, ~ ~. " _ ~ ~ _ ~ ~ 1 '~;_ = ~ ~ ~ . /~~ R~. _ _ _ _ _~-~ ~~ `3~ i R~i ~ - _ w ~r F - ~ nl t -~" N 's, ~ ~ ~° ~ `~ ~ ~~ ~~ - • ~ y ~, > ~~ ~~ a :z,~j ~ x 3 ~ ,~ ~, ~ ; 4 ! .~ 3 ; ' r v, ~ 0 ~, ; t t, :+ /~ ;+~ Sys s t ~ A a. '~- Y1 0~ G~ _~ ; w sr 9 # S - _ 4~e~~1 ~ c ~ ~ F. ~t` '• W = FAN Y- ~„'.f W ~ _" v~ ~~ ,~;~ ': ~ ~ -. Burnsville /~~ _- - Comprehensive Plan 2000 -Special Area Exhibit ~~~ Special Area No. 5 -Area Map 3.7.5.a // Agenda Information Memo February 4, 2003 Eagan City Council Meeting ~. CDBG FUNDING FOR FISCAL YEAR 2003 ACTION TO BE CONSIDERED: - To provide staff direction for the distribution of FY 2003 Community Development Block Grant (CDBG) funding. - To adopt a resolution authorizing the City Administrator to submit the CDBG Program applications, per Council distribution direction, to Dakota County CDA. FACTS: The CDBG fiscal year begins July 1. The U S Department of Housing and Urban Development (HUD) provides block grant funding for programs that adhere to national objectives and eligible activities per CDBG Program regulations. Eagan's FY 2003 available funding amount will be $235,000. Earmarking a significant amount of this allocation to the Blight Clearance Program is consistent with the stated City Council goal of redevelopment in Cedar Grove. The Dakota County CDA administers the CDBG program and will review and forward the City's desired funding allocations to HUD for approval. ATTACHMENTS: (2) - January 29, 2003 memo to the City Administrator on pages ~~hrough - Resolution, page ~. /~t y _:.r~~ ' city of eagan MEMO TO: Tom Hedges, City Administrator FROM: Mike Ridley, Senior Planner ~` DATE: January 29, 2003 SUBJECT: Fiscal Year 2003 CDBG Application BACKGROUND The Dakota County Community Development Block Grant (CDBG) Program sets off its new program year annually on July 1st. The U S Department of Housing and Urban Development (HUD) provides the block grant funding. Eligible CDBG funding programs need to adhere to national objectives and eligible activities under the CDBG Program regulations. Generally, CDBG funding can be used to assist people with low to moderate incomes and for efforts that eliminate slums and blight. The City submits applications that are reviewed by the Dakota County Community Development Agency (CDA) staff and CDBG District Committees. The CDA also prepares and submits aone-year action plan for Dakota County Board approval that, in turn, is submitted to the U.S. Department of Housing and Urban Development. HISTORY Tlie City had historically provided funding for housing rehab loans, Wescott Youth Services, homeownership assistance, and set aside dollars that accumulate in the Home Swap fund and are earmarked for senior housing. For Fiscal Years 2000 and 2001, the City also provided funding to offset the cost of having an Eagan Police presence in the Wescott area via a police substation. Due to CDBG allocations since FY 1998, the balance in the Home Swap (senior housing) Program Fund achieved the necessary level to fund the Phase 2 development of O'Leary Manor which will begin construction this calendar year. Except for one year, since 1995, the Wescott Youth Services funding has provided recreational opportunities generally for ages 6-12. Over the years, the Junior Program has provided tremendous opportunities for the youth in this area to get involved in positive activities. In FY 2002, funding for this activity ($10,500) was not allocated and funding that had been allocated previously ($30,000) to provide for Eagan Police presence on site was also discontinued. From year to year, as you know, not only has the City Council funded different programs but also designated different funding levels. The City Council has complete discretion in this regard, provided the programs funded and persons assisted meet the HUD requirements. For background, 1 (lave attached the Council's FY 2001 and 2002 CDBG funding allocation for review (Exhibits A & B). l ~S While each community has dedicated dollars, Home Swap funds are pooled county-wide to assist with senior housing projects that are ripe for acquisition and/or construction. Those dollars also are used in a revolving loan format to fund the Housing Rehabilitation Loans Program throughout the count~~. FISCAL YEAR 2003 The CDBG funding amount anticipated for Eagan for FY 2003 will be approximately $235,000. City staff has met with CDA staff and it appears that there are ample dollars (unspent and f-•om program income) to fully fund anticipated requests for housing rehab and first time home buyer program dollars for FY 2003. The City Council should consider allocating $10,500 (approximately 4.5% of the City's FY 2003 allotment) for Wescott Youth Services. This funding which has historically been used to otfset costs incurred by Parks & Recreation in providing positive recreational opportunities generally for kids in that neighborhood (ages 6-12). Based on the discussions with CDA staff, and being mindful of the City Council goal 01• redevelopment in the Cedar Grove area, I am proposing the Council allocate virtually all (- 95%) of FY 2003 CDBG dollars to the Blight Clearance Program Fund. The rational for this proposal is: O'Leary Manor Phase 2 is fully funded and will be constructed this year, all historically funded programs appear to be adequately funded, and amicable property acquisition opportunities presently exist in the Cedar Grove Redevelopment Area. It is likely that some funding for First Time Home Buyer Program and the Housing Rehabilitation Loan Program will be necessary for the FY 2004 to maintain adequate funding for these important programs. Not only have these programs been successful but, in particular, the Housing Rehab program is critical to further the City's goal of maintaining a healthy housing stock. SUMMARY The City's FY 2002 CDBG allocation will be approximately $235,000. Except for $10,500 being programmed for the Wescott Youth Program, staff is suggesting that this allocation be dedicated to the Blight Clearance Program Fund. Because most other programs have adequate funding for FY 2003 and the City has immediate opportunity for acquisition of several properties within the Cedar Grove Redevelopment Area. Tom, the City Council has full discretion to establish priorities from both a programming and funding level standpoint. Dakota County would like our CDBG applications submitted to the CDA in early February. Please contact me if you have any questions or need additional information. /y6 Eagan City Council Meeting Minutes ,Ianuary 2, 2001 Page 7 NEW BUSINESS REQUE IRECTION TO PREPARE PRELIMINARY DE~~ELOPMENT AGREEi T WITH DEL OMES FOR DEVELOPMENT IN GREATER CEDARVALE A City Administrator Hedges in uced this item regarding the pre~r~_lopme sreement to evaluate the desi~t- and financial feasibility of a residential lopment, in the Greater Cedar. area, to be developed in accordance with the approved redevelopment concept. Mayor Awada asked Jim Prosser, Ehler and Associat out apph'L architectural standards. Mr. Prosser stated that the pre-development period is the time to ress the itccrsal standards. He went on to discuss various methods to determine specific design and policies. Councilmember Carlson stated feels that overall architecttual standards n o be defined. Mayor A.vada stated the issue should be sche ed for a Council workshop. Councilmembe akken moved, Councilmember Tilley seconded a -otion to direct staff to prepZ~ preliminary de opment agreement with Delta Homes for possible de~e:~oment in the Greater Cedarvale Aye: 5 N , : 0. CDBG FUNDING FOR FISC:~L 1-EAR 2001 City Administrator Hedges introduced this item asking the Cin Cck::_cif to provide statTdirection for the distribution of FY 2001 Community Development Block Grant fundin ~;m Dakota County. He addressed the sample uses for the funds prepared by Senior Planner Ridley. Discussion .vas held by the Council regarding the Eagan Police Dz^`~nent presence. securit. lighting at Wescott, Quarry Park area, and the Community Action Council's requc~ 'or funding. The Council discussed the appropriateness of public funding for private property. Mayor Awada ~aested that the three new fundine request for FY2001 (totaling $8,000) could serve the City better b} providing sa:itional senior housing opportunities. preferably in the Cedarvale area. Council members agreed. Discussion was also held regarding the senior housins allocation. C;:.irvale Blight. and homeownership assistance. Mayor Awada suggested that $58,000 be split equally into ~ e senior housing and Cedarvale Blight categories. Councilmember Bakken discussed precedents set and past Council a.-~ons. Mayor Awada moved, Councilmember Bakken seconded a motion t.~ allocate the FY2001 Communih• Development Block Grand funding as follows: Home Swap (Senior Housing) $129,000 Wescott Youth Services $ 10,500 Homeownership Assistance $ 10,000 Eagan PD Presence/Wescott $ 30,000 Cedarvale Blight $ 69,000 Ave: 5 Nav: 0 Mayor Awada moved, Councilmember Bakken seconded a motion :. adopt a resolution authorizing the City Administrator to submit the CDBG Program applications to Dakota Cc.~.-.tr CDA. Aye: ~ Nay: 0 ~y~ ~ Eagan City Council January 22, 2002 CDBG FUNDING FOR FISCAL YEAR 2002 City Administrator Hedges introduced this item regarding block grant funding from the US Department of Housing and Urban Development for programs that adhere to national objectives and eligible activities. Senior Planner Ridley gave a staff report and discussed suggested allocation of the funds. Councilmembers discussed the allocation of the $238,042 funding amount. Councilmember Bakken suggested that the Quam~ Park Youth Development allocation be deleted and the funds be designated elsewhere. Councilmember Carlson stated she did not feel it was appropriate to allocate funding for the services at Wescott, as it is private property. After discussion, Councilmembers agreed to eliminate the services to Wescott effective with the conclusion of FY 2001 (June 30, 2002). IV1a~-or Awada moved, Councilmember Bakken seconded a motion to distribute the FY 2002 Community Development Block Grant funding as follows: Ave: ~ Nav: 0 Home Swap (Senior Housing) S 120.000 Homeownership Assistance S 10.42 Cedarvale Blight $10~.~00 1~1a~~or Awada moved, Councilmember seconded a motion to adopt a resolution authorizing the City Administrator to submit the CDBG Program applications. per Council distribution direction, to Dakota Count.' CDA. A~~e: ~ Na}•: 0 ADJOUR\~iEVT The meeting adjourned at 10:35 p.m. 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 I~rtob Road. Eagan, iVIN X5122, (6~ 1 1 681-4600, (TDD phone: (651) 454-8535). /yam CITY OF EAGAN DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN FOR FISCAL YEAR 2003 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the city of Eagan as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 2003. 2. The application is approved by the City Council and the Mayor and City clerk are authorized to execute it on behalf of the City of Eagan. 3. That the Dakota County CDA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of the City of Eagan this 4th day of February, 2003. Ayes: Geagan, Carlson, Fields, Maguire, Tilley Naves: None Pat Geagan, Mayor ATTEST: Maria Karels, City Clerk /~f9 Agenda Information Memo February 4, 2003 Eagan City Council Meeting VIII. COMMUNITY CENTER UPDATE Per the direction of the City Council, an update on the Community Center will be included as an agenda item on each regular City Council agenda until the center is operational. ACTION TO BE CONSIDERED: To consider the recommendations of the Operations Committee from the January 29, 2003 Committee meeting. FACTS: • The Operations Committee met on Wednesday, January 22 and January 29 to further discuss the Community Center operations. • The meeting notes from the 1-22-03 meeting were included in the Additional Information memo to the Council on Friday, January 24. • The 1-29-03 Operations Committee meeting notes were included in the Additional Information memo to the Council on Friday, January 31. OPERATIONS COMMITTEE RECOMMENDATION: The committee recommends that the color of the aerobics room remain as is (green) and not be changed to a more neutral color as originally directed by the Committee on December 13, 2002, and as stated to the City Council at their December 23 Special City Council meeting. /Sd Agenda Information Memo February 4, 2003 Eagan Economic Development Authority Meeting C. APPROVE MINUTES OF JANUARY 21.2003 SPECIAL MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ACTION TO BE CONSIDERED: To adopt a resolution approving minutes of the January 21, 2003 special EDA meeting. ATTACHMENTS: • Minutes are attached on pages~$.~ through f~3. • Resolution is attached on page J,~1~ , ~~~ MINUTES OF A SPECIAL MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 21, 2003 A special meeting of the Eagan Economic Development Authority was held on Tuesday, January 21, 2003 at 10:06 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, Maguire and Tilley. Also present were Executive Director Tom Hedges, Assistant Executive Director Jamie Verbrugge, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary/Deputy Clerk Mira McGarvey. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVAL OF MINUTES Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the minutes of the January 7, 2003 Economic Development Authority meeting. Aye: 5 Nay: 0 PUBLIC HEARING PROPOSED DEVELOPMENT AGREEMENT AND SALE OF PUBLICLY OWNED LAND Executive Director Hedges introduced this item regarding a development agreement with Keystone Communities of Eagan LLC and the sale of publicly owned land. Assistant Executive Director Verbrugge provided background information. President Geagan opened the pubic hearing. Doris Dahline questioned the phasing of the project and the delineation of wetlands. Assistant Executive Director Verbrugge explained that Keystone may proceed with a second phase on adjacent properties at a future date and that wetland delineation is a standard requirement. Councilmember Carlson moved, Councilmember Tilley seconded a motion to adopt a resolution approving the proposed development agreement with, and sale of publicly owned land to, Keystone Communities, with corrections to the non-compete clause in section 3.11 regarding the termination date of December 31, 2004. Aye: 5 Nay:0 ADJOURNMENT The meeting adjourned at 10.25 p.m. I ~~ 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, (612) 681-4600 (TDD phone: (612) 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. /~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING MINUTES OF JANUARY 21, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the January 21, 2003 special 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, Mimlesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 4`h day of February, 2003. James Verbrugge, Secretary / Sf