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08/19/2003 - City Council Regular
/~~,~ / - ti.~ l/ AGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING AUGUST 19, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGLANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA p ~ A. APPROVE MINUTES r B. PERSONNEL ITEMS ~~ C. CHECK REGISTERS ~3 D. APPROVE a Premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive ~~7 E. APPROVE Chapter 11 of the Eagan City Code entitled "Land Use Regulations "Zoning" update" /7~ F. INITIATE Zoning map update and waive notification requirements II ~ G. APPROVE Final Subdivision, Kennerick Second Addition -Thorson Homes, Inc. H. APPROVE Final Subdivision, Greyhawk Second Addition -Mark Gergen and Associates '~3 I. APPROVE Final Subdivision, Sienna Woods -Manley Land Development ~S J. APPROVE Final Subdivision, Northwood Business Park 3`d Addition -Northwood Equity, LLC ~~' K. APPROVE Final Payment and Authorize City Maintenance for Contract 03-02 (Lexington Place & Drexel Heights -Street Overlay) P~~L. APPROVE Final Payment and Authorize City Maintenance for Contract 03-10 (Selmark Harvey Burrview-Street Resurface) aq M. AUTHORIZE Preparation of Feasibility Reports for 2004 CIP Projects 3 ~ N. AUTHORIZE Staff Approval of minor contract modifications ~~ O. RECEIVE Petition and Schedule Public Hearing to Consider Public Easement Vacation on Lot 9, Block 2 Lexington Parkview ®3~ P. APPROVE Plans & Specifications and Authorize Advertisement for Bids for Contract 03-13 (Borchert Lane -Street & Utility Improvements) Q. APPROVE Amendment to Service Agreement with Braun Intertec ~36 R. APPROVE Proposal from American Engineering Testing, Inc. for Phase II Environmental P Site Assessment on Kopacek property. ~i~ ~ S. SCHEDULE hearing on September 16, 2003 for Board of Adjustment and Appeals regarding request by Central Irrigation Supply to review Eagan City Council denial of a Rezoning from T, Transitional to NB Neighborhood Business at 2785 Pilot Knob Road p~~'I'. ACCEPT Resignation of Economic Development Commissioner Lee Ashfeld 1e~U. APPROVE Formation of Senior Citizens Advisory Board /Committee per the /' recommendation of the Community Center Operations Committee ~V. RECEIVE Petition and Order Public Hearing for Vacation of Public Easements (Greyhawk p Addition) V. PUBLIC HEARINGS VI. OLD BUSINESS ~~ 9 A. PLANNED DEVELOPMENT AMENDMENT -Eagan Hotel Group LLC. A Planned Development Amendment to allow the location of a maintenance building within an easement and to amend the original landscaping plan of Lot 2, Block 1, Honey Tree ls` ~~ Addition, located at 4510 Erin Drive in the SW '/< of Section 30. B. PLANNED DEVELOPMENT AMENDMENT -Sam's West Inc. Request to be continued ~~' C. INTERIM USE -Duke Realty - An Interim Use Permit to allow temporary outdoor storage on Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE '/< of Section 3. Q~~ D. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY Q SUBDIVISION - MARCELLA WOODS PARTNERSHIP. A Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density, a Rezoning from Agriculture to R-l (single Family Residential) and a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/< of Section 34. VII. NEW BUSINESS n9Y A. PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT - r Generation 2 Inc. - A Preliminary Subdivision (Wentworth Park) of approximately three acres to create eight lots and a Prelinnary Planned Development for office buildings, located on Outlot A, Prairie Oaks in the NE '/< of Section 31. /~' B. PRELIMINARY SUBDIVISION -Brandt Engineering - A Preliminary Subdivision (Gardenwood Ponds Sixth Addition) of Lot 5, Block 3, Gardenwood Ponds to create two single family lots, located at 3853 North Ridge Drive in the NW '/< of Section 23. /~C. PRELIMINARY SUBDIVISION - Millerville, Inc. - A Preliminary Subdivision (Lexington Ridge) of approximately six acres to create eight single family lots, located at 4225 Lexington Way in the NE'/< of Section 27. VIII. COMMUNITY CENTER UPDATE IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA ~Sy XI. ECONOMIC DEVELOPMENT AUTHORITY XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. 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. Page 1 of 1 Virginia Discenza From: Michelle Lutovsky Sent: Tuesday, August 19, 2003 1:37 PM To: Jeff Asfahl; Virginia Discenza; Holly Duffy Subject: Employee Recognition Committee Troy Hoepner has agreed to be on the committee. He works in the Utility Department at the Maintenance Facility. If you have any questions, you can call me at x5310. Michelle Lutovsky 8/ 19/2003 / `''ti-, 1 , ~ . ~t ~ ~ `S ~~ / ,t~'~ ~r 1 e ~ Clt~/ Of P.2~tl MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 15, 2003 SUBJECT: AGENDA INFORMATION FOR AUGUST 19, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 19, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 19, 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 August 4, 2003 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 4, 2003 regular City Council meeting are enclosed on pages 3 through ~. a ~RAFj MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 4, 2003 A regular meeting of the Eagan City Council was held on Monday, August 4, 2003 at 6:30 p.m at the Eagan Municipal Center. Present were Mayor Geagan and Councihnembers Carlson, Fields, Tilley and Maguire. Also present were City Adnnistrator Tom Hedges, Senior Planner Mike Ridley, Public Works Duector Tom Colbert, City Attorney Mike Dougherty and Assistant to the City Administrator Dianne Lord. AGENDA The Council received a request for a premise permit for the Eagan's Lion Club to conduct a pull tab operation at Al Baker's. The Council placed the item on the August 19 agenda. Nay: 0 Councihnember Fields moved, Councilmember Maguire seconded a motion to approve the agenda. Aye: 5 CONSENT AGENDA The Council pulled Consent items G, H, K, L, S, and X Councilmember Tilley moved, Councihnember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 15, 2003 regular City Council meeting and the July 22, 2003 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Scott Higgins, Denise Griffith, Patrick Trembley, Diane Curry and Debra Henk as part-time fitness attendants/personal trainers at the Community Center. 2. It was recommended to approve the hiring of Judy Goers as the part-time head child care attendant and Abigail Smith and Brian Klekner as part-time assistant child care attendants at the Community Center. 3. It was recommended to approve the hiring of Patrick Myers, Kathleen Kirberger and Mike Kabakov as part-time guest services representatives at the Community Center. 4. It was recommended to approve the appointment of Cynthia Whitacre as a temporary preschool program coordinator. 5. It as recommended to accept the resignation of Sean Lessard, Community Service Officer. 6. It was recommended to approve the forma.] 2003 Community Center Part-Time Compensation Table. C. Check Registers. It was recommended to ratify the check registers dated July 17, 2003 and July 31, 2003 as presented. D. Proclamation. It was recommended to proclaim Tuesday, September 23, 2003 as Argosy University /Twin Cities Day. E. Ordinance Amendment. It was recommended to duect staff to prepare amendments for City Ordinance 2.70, Disposal of abandoned motor vehicles, unclaimed property and excess property, and City Ordinance 10.30, Gtiufew. F. Ordinance Amendment. It was recommended to direct the City Attorney's office to prepare an Ordinance Amendment suitable for publication for Chapter 11, Section 1121 to reflect the DNR standards for development/uses within the shoreland area for tributaries. G. Holz Farm Master Plan Report. It was recommended to accept project report fro the Holz Farm Master Plan complied by Brauer and Associates. PULLED 3 Eagan City Council Meeting Minutes August 4, 2003 Page 2 CRAFT H. Eagan Greenway Corridor Resource Analysis Report. It was recommended to accept project report for the Eagan Greenway Corridor conducted by the Dakota County Soil and Water Conservation District. PULLED I. Extension for Recordm' g, Plat. It was recommended to approve an extension of time to record the Final Plat for Vogelpohl Addition, located at 2099 Silver Bell Road. J. Comprehensive Guide Plan Amendment. It was recommended to implement the comprehensive Guide Plan Amendment for Special Area #4 (Central Area). K. APC Member Resi ation. It was recommended to accept the resignation of Advisory Planning Commissioner Huusko. PULLED L. Appointment to APC. It was recommended to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of 2003. PULLED M. Project 771. It was recommended to amend the approved final assessment roll for Project 771 (Lexington Avenue -Street Upgrade and Traffic Signal Improvements) and notify Dakota County of the amendment for collection purposes. N. Project 893. It was recommended to receive the Draft Feasibility Report for Project 893 (Diffley Frontage Roads -Street Improvements) and schedule a public hearing to be held on September 2, 2003. O. Contract 03-09. It was recommended to approve Change Order #1 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. P. Project 886. It was recommended to authorize a revised scope for Project 886 (Lone Oak Road -Street and Utility Improvements) and revise the preparation of the feasibility report accordingly. Q. Contract 03-04. It was recommended to approve Change Order No. 1 to Contract 03-04 (TH 55 Frontage Road/Gift of Mary -Street and Utility Improvements) ad authorize the Mayor and City Clerk to execute all related documents. R. Wescott Road and Railroad Crossing Agreement. It was recommended to approve MnDOT Agreement #77143 (Wescott Road and Soo Line Raikoad Crossing -Signal & Gates) and resolution authorizing the Mayor and City Clerk to execute all related documents. S. Capital Improvement Plan. It was recommended to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staff to send a letter to County staff supporting the draft plan. PULLED T. Project 851. It was recommended to approve Easement Agreement for Project 851 (Town Centre Area - Street & Access Management Improvements) with the owner of Parcel No. 10-22415-010-01 and authorize the Mayor and City Clerk to execute all related documents. U. Service Agreement. It was recommended to approve a Service Agreement with Braun Intertec Corporation and authorize designated City Staff to execute work orders for requested engineering services. V. Contract 03-12. It was recommended to approve the cooperative agreement with the Minnesota Department of Transportation for Contract 03-12 (Trunk Highway 13 and Silver Bell Road -Intersection Reconfiguration), approve said plans and specifications, authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 28, 2003, and authorize the Mayor and City Clerk to execute all related documents. W. Project O1-X. It was recommended to acknowledge the completion of Contract O1-X (Blue Ridge 4~' Addition -Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. X. Firearms Policy. It was recommended to approve the Policy Prohibiting Firearms at Work. PULLED Y, Off-Sale Liquor License. It was recommended to approve the off-sale liquor license for T's Discount Liquor, Inc. located at 3900 Cedar Grove Parkway (formerly Sid's Discount Liquor). Z. Liauor License. It was recommended to approve a change in management on the on-sale wine and beer license for Noodles and Company located at 1340 Town Centre Drive. AA. Liquor License. It was recommended to approve a change in management of the off-sale beer license for Kwik Trip located at 3145 Dodd Road. BB. Civic Arena Operation Budget. It was recommended to approve the 2004 Civic Arena Budget including rates for the 2003-04 season and the acquisition of capital improvements. G. Holz Farm Master Plan Resort.-Councilmember Carlson moved, Councilmember Tilley seconded a motion to drrect the item a City Council workshop, and directed stafl'to separate the historic farm projects from the neighborhood park projects. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes August 4, 2003 Page 3 CRAFT H. Ewan Greenwa~Corridor Resource Anal~is Report.-The City Council directed the item to a City Council workshop for formal presentation. K. APC Member Resi ng arion. Councilmember Tilley thanked Mr. Huusko for his service on the APC. Councilmember Tilley moved, Councihnember Fields seconded a motion to accept the resignation of Advisory Planning Commissioner Huusko. Aye: 5 Nay: 0 L. Appointment to APC--Councilmember Maguire noted that he would like to discuss the appointment of the APC alternate term, and requested that the Council consider duetting staff to research the voting records to determine who would be the next person on the ballot receiving the most number of votes, who could assume the alternate position if he/she so chooses. The Council directed the item to Other Business for further discussion. Councihnember Carlson moved, Councihnember Fields seconded a motion to appoint Advisory Planning Commissioner Alternate Paul Leeder to fill Member Huusko's vacancy for the remainder of 2003. Aye: 5 Nay: 0 S. Capital Improvement Plan.-The City Council directed that the public be notified about the proposed changes to the CIP. Councihnember Carlson moved, Councihnember Maguire seconded a motion to approve an amendment to the City of Eagan 5-year Capital Improvement Plan for 2004-2008 in response to the Dakota County Transportation Department's draft 2004-2008 Transportation Capital Improvement Plan and authorize City staff to send a letter to County staff supporting the draft plan. Aye: 5 Nay: 0 X. Firearms Policy.-Councihnember Tilley noted her support of the policy. Councilmember Maguire noted the policy applies to employees of the City of Eagan. Councihnember Tilley moved, Councihnember Maguire seconded a motion to approve the Policy Prohibiting Firearms at Work. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE -MARK AND PEGGY ETCHISON City Administrator Tom Hedges introduced this item regarding a request for an 8 foot variance to the minimum 30 foot structure setback from a public right-of--way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Council. There being no public comment, Mayor Geagan closed the public hearing and fumed discussion back to the Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve an 8-foot Variance to the minimum 30-foot structure setback from a public right-of--way for an accessory structure to allow construction of an 8' x 12' pool house on property located at 3640 Pinecrest Court, legally described as Lot 17, Block 1, Pvnecrest of Eagan, in the SW '/. of Section 15. Aye: 5 Nay: 0 PROJECT 883, BEECHER DRIVE / CLEARVIEW ADDITION STREET LIGHTING IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for Project 883. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. .~ DRAFT Eagan City Council Meeting Minutes August 4, 2003 Page 4 Two residents voiced their support of the project. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Fins] Assessment Roll for Project 883 (Beecher Drive / Clearview Addition -Street Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 801, SLIVER BELL ROAD -STREET IMPROVEMENTS PARCEL 10-22450-020-01 FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for Project 801 (Silver Bell Road -Street Improvements). Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. Council. There being no public comment, Mayor Geagan closed the public hearing and turned discussion back to the Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll of $22,550.80 for Project 801 (Silver Bell Road -Street Improvements, Parcel 10-22450-020-01) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 VACATE PUBLIC RIGHT OF WAY -ALDER LANE City Administrator Hedges discussed this item regarding a request for right of way vacation which had been continued from the July 15a' City Council meeting. Public Works Duector Colbert gave a staff report. Mayor Geagan recognized the applicant, Ms. Doris Dahline. Ms. Dahline presented an overview of her request to the City Council, noting the following wishes: 1.) To have the right-of--way vacated; 2.) She likes the appearance of her private drive and will accept the City's actions; 3.) She desires privacy; 4.) She is requesting a 15- foot driveway to meet City standards; 5.) She is requesting a surmountable drive-over curb; and 6.) She is requesting a private-drive sign. The City Council discussed Ms. Dahline's request. The City Attorney presented a first amendment to right of fast refusal and option agreement, which stated that any conveyance of the property would include any vacated right-of--way, but the price to the seller shall be determined as if the right-of--way had not been vacated. Councihnember Maguire moved, Councilmember Tilley seconded a motion to: 1.) Approve the vacation of a portion of Alder Lane adjacent to Lot 9, Block 1 Langhoven Addition including the extension of the private driveway, contingent on the property owner being responsible for the maintenance of the private drive; 2.) Approve the City's retention of all necessary public drainage and utility easements; and 3.) Approve an amendment to the existing Right of First Refusal and Option Agreement and authorize Mayor and City Clerk to execute all related documents. Aye: 3 Nay: 2 (FAILED due to lack of the required 4/5 super-majority vote) NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT -HOBBY ZONE City Administrator Hedges introduced this item regarding a Planned development to allow the outside race track to be uncovered at all times and to allow a 3' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road. Senior Planner Ridley gave a staff report. The applicant addressed the City Council. The City Council discussed the applicant's request. Eagan City Council Meeting Minutes August 4, 2003 Page 5 oeaFr Councihnember Fields moved, Councihnember Maguire seconded a motion to approve a Planned Development Amendment to allow the outside race track to be uncovered at all times on property located at 1960 Cliff Lake Road in the SW '/. of Section 29, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County within 60 days of approval. 2. A fence shall be installed at the rear of the track for separation purposes. 3. Stone pavers shall be installed along the edge of the viewing stand as indicated on plans dated June 18, 2003. 4. Mulch shall be placed in the planting beds. 5. Landscape restoration shall occur on site. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a Planned Development Amendment to allow a 4' x 6' sign describing the purpose of the track on property located at 1960 Cliff Lake Road in the SW '/< of Section 29. Aye: 5 Nay: 1 (Carlson opposed) PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator Hedges introduced this item regarding a planned development amendment to allow a maintenance building within a utility easement on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. The applicant, representing Eagan Hotel Group, LLC (Days Inn) addressed the City Council. The City Council discussed the easements that exist on the property. The City Council recessed at 8:10 p.m. in order for the applicant to confer with the City's legal staff regarding easements on the property. The City Council reconvened at 8:30 p.m. The City Council further discussed the applicant's request that the City waive the contractual obligation for trail installation. The applicant noted that access to the manholes on the property could be achieved via grading and turf placement. The applicant stated she is willing to provide access to reach utilities. Councilmember Carlson moved, Councihnember Maguire seconded a motion to continue the item to the August 19 City Council meeting to allow the applicant and staff the opportunity to review the landscape plan and determine whether it impedes utility access, and to send a letter of continuance to the applicant. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. City Administrator Hedges stated the applicant had requested that this item be continued. Councihnember Maguire moved, Councihnember Fields seconded a motion to continue consideration to the August 19, 2003 Council meeting of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE '/< of Section 10. Aye: 4 Nay: 1 (Carlson opposed) INTERIM USE PERMIT -DUKE REALTY CORPORATION City Administrator Hedges stated the applicant had requested that this item be continued. Councihnember Fields moved, Councilmember Tilley seconded a motion to continue consideration of an Interim Use Permit to allow additional outdoor tractor trailer /truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road to the August 19 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes h August 4, 2003 (, A F T Page 6 REZONING - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a request for a rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road. Senior Planner Ridley gave a staff report. The applicant presented his request to the City Council. The City Council discussed the rezoning request, and inquired about a conservation easement for the wetlands on the property. The Council also discussed the historic value of the house currently on the property. The applicant noted that the conservation easement has been prepared and would be recorded with the plat. The applicant stated he would provide the house to the City at no cost, provided the City paid all moving costs, but that he has no intention at this time of retaining the house. The applicant added that if the rezoning is approved, he anticipates development to begin in approximately three months. Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning from Agriculture to R-4, Residential Multiple upon approximately eight acres located at 1560 Yankee Doodle Road, located south of Yankee Doodle Road and east of Coachman Road in the NW '/4 of Section 16. Aye: 5 Nay: 0 PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE PARKWAY) CITY OF EAGAN City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision to create two lots and dedicate public rights-of--way, on 6.03 acres located south of Silver Bell Road at the intersection with Cedar Grove Parkway. Senior Planner Ridley gave a staff report. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary and Final Subdivision (Cedar Grove parkway) to create two lots and dedicate public rights-of--way, on 6.03 acres located south of Silver Bell Road at the intersection with Cedar Grove Parkway, in the NE '/4 of Section 19 and NW '/4 of Section 20, subject to the following conditions: Aye: 5 Nay: 0 1. The property shall be platted. 2. Lot 1, Block 1, shall be subject to cash park and trails dedications at the time of development. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE FAA Reauthorization Bill The City Council discussed the provision that was recently made to the FAA Reauthorization Bill that would bar airports from seeking federal Airport Improvement Program (AIP) funds for noise mitigation outside of the 65 db DNL. Councilmember Carlson moved, Councihnember Tilley second a motion to direct staff to send a letter to each member of the Minnesota Congressional delegation voicing opposition to the provision, and also copy the letter to cities surrounding the MSP airport. Aye: 5 Nay: 0 The Council directed that a letter be sent to the executive director of N.O.I.S.E., thanking the lobbying firm for the communication and organization that they have provided on this issue. Blackhawk Road--Silver BelUDeerwood Stop Signs Public Works Duector Colbert noted that traffic counts are currently underway at the intersections of Silver Bell Road and Blackhawk Road, as well as Deerwood Avenue and Blackhawk Road. Eagan City Council Meeting Minutes August 4, 2003 RAF T Page 7 Rine Road Update Mayor Geagan noted that he, City Administrator Hedges, and Public Works Director Colbert met at Lockheed Martin with Senator Coleman and his staff. They ran out of time for discussions, but agreed to set afollow-up meeting. COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities, including plans for the September 27 Grand Opening celebration. ADMINISTRATIVE AGENDA MVTA FACILITY BUS GARAGE Planner Ridley gave a staff report on the proposed MVTA bus garage to be located on Highway 13 at Blackhawk Road. Councihnember Tilley moved, Councilmember Fields seconded a motion to send a letter of support to the Metropolitan Council, provided the following conditions are met: 1.) An environmentaUconservation easement is acquired on the specific parcel in order to protect the natural state of the ash fill. 2.) All negotiations related to the Adehnann property are to be conducted by the Metropolitan Council 3.) The letter of support being provided to the Met Council shall not be used for negotiation purposes with the Adehnanns. Aye: 5 Nay: 0 MASSAGE THERAPY LICENSE REIMBURSEMENT The City Council discussed the reimbursement request received, and directed that the City not reimburse the license holder, as she paid the correct fee at the time the application was sought. CAPONI LAND ACQUISITION STUDY COMMITTEE STRUCTURE AND CHARGE The City Council discussed the formation of a study committee to explore the possibility of acquiring a portion of the Caponi property. The Council directed that Councihnembers Maguire and Carlson serve on the committee. Councilmember Maguire stated he would get the proposed committee structure to the City Administrator for distribution to the City Council. CITY COUNCIL WORKSHOP Councilmember Fields moved, Councilmember Tilley seconded a motion to set Special City Council meetings on: Tuesday, August 12 at SPM and Tuesday, August 26 at 5:30 PM (budget workshop). Aye: 5 Nay: 0 BI-WEEKLY RECYCLING Upon hearing from a representative of Waste Management regarding single sort, bi-weekly recycling, the City Council duected that an informational meeting be held on single sort recycling, and that a letter be sent to all trash/recycling haulers to notice them about the meeting. The regular City Council meeting was temporarily adjourned at 10:20 p.m. and a meeting of the Economic Development Authority was immediately convened. Mayor Geagan reconvened the regular City Council meeting at 10:25 p.m. 9 Eagan City ~ouncil Meeting Minutes August 4, 2003 Page 8 OTHER BUSINESS CRAFT The City Council further discussed the APC appointment process. At the suggestion of Mayor Geagan, the City Council directed the item to the August 12 City Council Workshop for further discussion on: 1.)The current APC vacancy; 2.) The process to take in future commission appointments and vacancies; and 3.) The ordinance amendment prepared by the City Attorney's office regarding the dismissal of a commissioner and the commission appointment process. The City Council directed the City Administrator to contact the person receiving the most votes, after Mr. Paul Leeder, to inquire whether he or she would still be interested in serving on the APC. RESOLUTION APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT WITH DELTA DEVELOPMENT, INC. TO U.S. HOME CORPORATION Mayor Geagan moved, Councilmember Fields seconded a motion to adopt a Resolution approving assignment of development agreement with Delta Development, Inc. to U.S. Home Corporation. Aye: 4 Nay: 0 (Tilley absent) VISITORS TO BE HEARD Them were no visitors who wished to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:25 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, 383Q Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Egan 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. io Agenda Information Memo August 19, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Fitness Instructors/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Krista Shevlin, Judy Martinelli, Samantha Hetzel, Jill Greenan, Amy Crary, Diane Keefer, Gayle Mueller and Denise King as fitness instructors at the Community Center Item 2. Part-time Guest Services Representative/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Rebecca Kruger as a part-time guest services representative at the Community Center. Item 3. Maintenance Worker/Community Center- ACTION TO BE CONSIDERED: To approve the hiring of Jean Babic as a full-time maintenance worker at the Eagan Community Center. Item 4. TSP Revision/Parks & Recreation Office Supervisor ACTION TO BE CONSIDERED: To approve a Time Spent Profile (TSP) revision from exempt range H to exempt range I and a position title change to Administrative Assistant/Parks & Recreation for the current Parks & Recreation Office Supervisor position. FACTS: Because of a significant change in duties performed by the Office Supervisor in Parks & Recreation, a TSP review was requested and performed. Results indicate that the position should be moved from exempt range H to exempt range I. Staff is also reconunending a title change for this specific position to Administrative Assistant/Parks & Recreation because that title more appropriately depicts the scope of responsibilities performed. // Agenda Information Memo August 19, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 7, 2003 and August 14, 2003 as presented. ATTACHMENTS: Check registers dated August 7, 2003 and August 14, 2003 are enclosed without page number. is Agenda Memo August 19, 2003 CONSENT AGENDA: D. Premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive. ACTION TO BE CONSIDERED: Approve Premises Permit Application for the Eagan Lions Club to conduct a pull tab operation at Al Bakers, 3434 Washington Drive. FACTS: • The Eagan Lions Club has applied for a Gambling Control Board premise Permit to conduct a pull tab operation at Al Bakers. • The Eagan High School Football Booster Club previously conducted a pull tab operation at Al Bakers, but recently closed out. • The Lions Club also operate a pull tab operation at Cedarvale Lanes, 3883 Beau D'Rue Drive and no problems have been reported • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: • A copy of the Gambling Board Application is attached as page number ~'~'/'~ • A copy of the proposed resolution approving the application is attached as page number ~. /3 Minnesota Lawful Gambling 6/03 Page 1 of 2 LVLI'F rfGllll~t±5 r~fI111LHi.7~111G~lLlVf1 FOR BOARD USE ONLY (see Required Attachments on Page 2) Annual Fee $150 Chedc # g 4 Organization information , Organization name~'~ i - ~ ~ y D~S Organiz~ n lic^ ~n~ n~ber I Name of chief executive officer (CEO) Daytime phone number I ~~~~cc~-~' ~-t'riZ-Et c.~~L ~~"~-83~ - ~'~o ~ Gambling premises information I Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) 3 ~ ~ ~ (gy ` L >p(,~ fLS p S IJ t ~ F T'a ~ ~~ City or township County Zip code '~Gr4 ~ ~q l1oT.~ ~ S L Z- Z ~ Does you or anization own the building where the gambling will be conducted? Yes ~No If no, attach LG215 Lease for Lawful Gambling Activity ` I - Gambling bank account information f Bank name Bank account number I ,~ rG 3~za~ 11 f 7~ ~~4 ~ ~ Bank street address ~ City Stat /Zip code ~ ~~ ~~ (~- L-l ~~ ~~ ~~ ~ ~ I'K~ ~~ 1 'Z.2 I f Address(es) of off-site storage space of gambling equipment related to this site ~ (Do not use a P.O. box number) I Address City State/Zi code / ~! Z`~ ~ ~ b ~ ~ ~L~ ~ m ~~ 02~ ~. w ~ ~ 3~3 I j Bingo occasions (including bar bingo) i Enter day and beginning/ending hours of bingo occasions (indicate A. M. or P.M.). An occasion must be at least 1-1/2 f hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. I I ~ JZd1[ inning/Ending Hours Qty Beginning[Ending Hours I I to to I to to to to j to to to to ~ I Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of intoxipting beverages on the premises under chapter 340A. Check the day(s) that noon hour bingo will be conducted. -Sunday -Monday -Tuesday -Wednesday Thursday -Friday -Saturday I /5~ LG214 Premises Permit Application Page 2 of 2 6/03 Data Privacy The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and CQ assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able 1p process your application. This form may require the disclosure of your social security number. If so, your social security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social security number is found at 42 U.S.C. 405 (c)(i). Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your premises permit. When the Board issues your premises permit, all of the information that you have provided Oo the Board in the process of applying for your premises permit wiH became public exceptfor your social security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access tb the informaton; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with yourconsent. Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand t failure tq provide required i ~-tt a enra r re cation f the licensell / Print name or providing false or misleading information may result in ~ not si//gn) ~~C_____ -7 a-5-o3 Date Required Attachments 1. If the premises is leased, attach a copy of your lease. IV OiE: There is a monthly regulatory fee of 0.1% Use form LG215 Lease for Lawful Gambling Activity. (.001) of gross receipts from lawful gambling 2. Attach the resolution from the local unit of government conducted at the site. The fee is reported on (city or county) which shows approval of your application, theG1 Lawful Gambling Monthly Summary and 3. For each premises permit application, a $150 annual premises Tax Return and paid with the monthly tax permitfee is required. Make the check payable to the "State report. of Minnesota." Questions? Call the Licensing Section of the Gambling Control Mall the application with attachments to: Board at 651-639-4000. If you use a TTY, call the Board by using Gambling Control Board the Minnesota Relay Service and ask to place a call to 651-639- 1711 West County Road B, Suite 300 South 4000. - Roseville, MN 55113 This form will be made available in alternative format (i.e. large /S RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR EAGAN LIONS CLUB ON AL BAKER'S PREMISES WHEREAS, the Eagan Lions Club has applied for a Gambling Control Board Premise Permit for the year 2004 for Al Bakers, 3434 Washington Drive; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Eagan Lions Club application for a premise permit for the year 2004 at Al Baker's. Motion by: Seconded by: Those in Favor: Those Against: Date: August 19, 2003 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Karels, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of June, 2003. Maria Karels, City Clerk /6 Agenda Information Memo August 19, 2003, Eagan City Council E. ORDINANCE AMENDMENT -CITY OF EAGAN ACTION TO BE CONSIDERED: To direct the City Attorney to re-publish City Code, Chapter 11 (Zoning) Amendment summary. FACTS: • The City Council adopted the updated Chapter 11 (Zoning) in September 2002. • Subsequently, staff discovered an oversight in the chapter update whereby portions of the chapter that had been updated over recent years somehow were not incorporated in the newly adopted update. • The updated Draft Ordinance was provided to the City Council (without page number) with the August 1, 2003 Informative. • The chapter reflects only changes previously approved. ATTACHMENTS: None /~ Agenda Information Memo August 19, 2003 Eagan City Council Meeting F. INITIATE ZONING MAP UPDATE AND WAIVE NOTICE REQUIREMENTS ACTION TO BE CONSIDERED: To initiate an Ordinance Amendment Updating the City of Eagan Zoning Map and to Waive notice requirement for the City of Eagan Zoning Map update. FACTS: • The last approved update of the City of Eagan Zoning Map occurred September 17, 2002. To properly maintain the Zoning Map, it is suggested that the City Council initiate a yearly update of the map, incorporating changes and recommendations that have occurred since its last publication. • City Code Chapter 11, Section 11.50, Subd. 5 (D) allows the City Council to waive public hearing notification requirements for acity-wide rezoning initiated by the Advisory Planning Commission or City Council. • The Advisory Planning Commission will hold a public hearing for the Ordinance Amendment- Zoning Map update at their regular meeting on August 26, 2003. ATTACHMENTS: • None /s' Agenda Information Memo August 19, 2003 Eagan City Council G. FINAL SUBDIVISION (KENNERICK SECOND ADDITION) -BRAD SWENSON/ THORSON HOMES ACTION TO BE CONSIDERED: To approve a Final Subdivision (Kennerick Second Addition) to create 171ots on approximately 8.5 acres located west of Pilot Knob Road and north of Lone Oak Road in the SE '/4 of Section 4. FACTS: • This final subdivision combines two preliminary subdivisions, Kennerick Addition and Zehnder Ponds. • Kennerick Addition received preliminary subdivision approval on December 4, 2000. A final plat for Kennerick Addition establishing two lots for the existing homes, and outlots on the balance of the property was approved on November 20, 2001. The applicant is now platting the outlots as lots according to the original preliminary subdivision plan. • Zehnder Ponds received preliminary subdivision approval on December 17, 2002. The site is contiguous to the Kennerick Addition site. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMEN'~,~,(1): Final Plat, page ~,((J /9 i .~ i` ~ ~~ • 1 + ' 1 .~ i •~r .1 `~• •~. .,~• z 0 ~_ 0 0 Q W -. z . z ~ ..... '' I I I E~ I .: I . ..~.~::....- :.:... :I ~ . . I i 7 M „I - i ~ I ,~ I ! I ' t.,, ~:: _ 1 ~ ~~ .I I r• -J I .•I~ I I •~. ., ,I :. I n ~,( I ^' 1 ~x3 ~ I ..I~ I ~ ~i ~. ~ ~ !~ . I I r i~ ~; ~. - I~ 3 ~~ f• I X I ~ '~ -R ^^ .~ ~ ~ '~ ~~~~ rasa urw . s~..i ' I ..~~ ~ .w y~ - . . . s ~-- r. ~: ao Agenda Information Memo August 19, 2003 Eagan City Council H. FINAL SUBDIVISION (GREYHAWK 2ND ADDITION) -MARK GERGEN & ASSOCIATES, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Greyhawk 2"d Addition) to create 44 townhome lots and one single-family lot on approximately 8.3 acres located north of Diffley Road and east of Blackhawk Road in the SE `/a of Section 20. FACTS: • The Preliminary Subdivision was approved on June 17, 2003. The subdivision is a replat of the existing Greyhawk Addition to adjust lot lines and street alignments. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page a~ W r ,'\P ~4 a • 7 ~ e / \g- L t.. ~ m8 i •. (] I...J e .Oro .\ .~ ~, `.$',~ ~ ~ ' .. `\ a •r ro 4~ n ~ ~~ D Q 4~ \ A h ~ :, i b' °' '` " 'A • ` ~ ```1 '~,`a _ ~ ~` - $r ,„ J ~jf ~ ~J • vyb ~ L' or r ~ - . as 1 r - \$' ' b \ `v "I;t •< <' 'r. . h ~i '~ ~ *8^0' ' ?,t~ ~ r ' ~ . ,4 .~'' ~°~~ ~<\ - 4~ rJ J` .Y' .~ \ ' \ L>'_ ~ ~ !: .,:N C:' C7 , `` I 1 ' 4 ~ \ `• f Y '~ ~ ~ '~~~ ~ ~\Y s'\\ '~ a 8' c.~vs,~ .i~ i 1'.5'~ ~a \ . a i `i g: .` -`n;+' 0°Z,°2 ~. ., rr ' ` , ~ ~ ^~ ,~ . ,eµ 'S.. ~~ a ~•° ° 8 d~ .8y ~ / Y ~' ~ !~ ~ 4 a \.. ' r`3\.\ •?•`4~" / ~to3 . ~/ - 4 •D\" rOS frt O I {~/ ~ ~ F 9 e ~ is ~~4°° rf ,P. ,r\ [ - e^~~ ~ ~ c ,r , 'S _ f r ?. +\ ~ f v~N'.~.`^ I I~ ~ b dJ .o'i M' \ w ~ t`4 i 8 •~'~ ~. ~ Ms,o~~ ,° \4. ~ F ~ `jl\i I q tI, ~ f`` ; . v • +I. f T~ / ..f .~ ,~ r~ ` u• f4 ' : s : \ \ \4 ~ .c `° \ ~ \ \+. \ ! 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't^ ~ M~8 I 14~4*. ° ignEri urun S } _ +T~rM'°0 „ - 4 6 IB ~ r r ~ X66 ~ W ° ` LOT\ ~l1d I fOYCI I t,° ' ~ : 1rctuM; ' cs't '' ^ 1 O I RI R E ~ rf ~ ^ ~ ~ I Z I _ I cl of Y ~~~ € C ~ ~ J ~ °1 I ' -- ` @, ~SS ~6 ~ I ~I 6TB2Z A.BC.C1.I0i I ~ N I' I O, RI N ~g @^@ g. Y~'FY: YY~E N sl I O I \ ~ \ • ^ I ol I O '"I hkr_rcta,l v~ c B IB <~ O ' ' y € 61 ~ I ` ~ I S Q I +t __ R2 \ ___ , ~~ ~e 6 t.. 8~ ., i __ ~ ! B ~~ ~ u o I = ~ I ~ \yyp ~ a \ I F_ R O ~ I 1° ~ l \ / ~{~ ---y C 6 7~~ ~~s e~ I Q W I A \ ~ , '$ - lel C? I . RI R _ ___~ r pE~ ~ ^ W IJi ~ ~ti ~ _ I of o[SOl u.•coov ]' ~ i f I ~~ F s' o I I I- t< ? `o \ 4' \\ ~I .ic~.v I I• t•~ I ' y ~` ' ~ v / ^' ~ I$ l i•'It.i L -J of S I } ~ .. e' _ I b,ll .. , I I . rr\ J o ~ \\ ~~ i/O~ P v°' i ng del I I A \!. o ~ oro `+ ~ 8 ~ S °o >niiri alntn 4 ~\ h ° I I I I I I i I os I I )I it ` \ \ \ \ \ ~ ~ it ^ Q ~ F' a 4. 1,~ .• , ~~~ ~ \ \ \ ~ ~ 3.IC.IO.OOrv . `i~± ~ ~ `' ~. _ _ _ ~ _ _ _ 00'905 ~ ~ ~ ~ ..... oIv ~ ~ I o: z I W W z a \ I ~ I ~ N gF I O ~ 6 \ ~a N $ '^J .r' ~ I f W Fu V U ~ `~ • I _~ ~~~.. I I ~u II ,, , L O~ ~ ` ~ C2'6 'L2 'L '02 '~3S !0 -/135 3x1 ~0 3NIl ls3h 3x11 O/ •''O. ~ Y ' ~ c.I J'--"-°fsyt't ~= $ .l r fOlA+ /~ 4 ~~ t BO 6 W z n 4 GG i t '~ ~ ~ F Jil . ~J ~1: i3 N N I.1.1 W 2 i... i._. Agenda Information Memo August 19, 2003, Eagan City Council Meeting I. FINAL SUBDVISION (SIENNA WOODS) - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve (OR deny) a Final Subdivision to create seven single family residential lots and one outlot located at 4795 Dodd Road in the NW 1/4 of Section 36; subject to the conditions in the City Council minutes. FACTS: • There is an existing single family home Located on the subject parcel. The home will remain after subdivision and is required to hook up to public sanitary sewer and water services upon development. • The City Council approved the Preliminary Subdivision on May 20, 2003. • The proposed subdivision is located within the Shoreland Overlay District and is . subject to the applicable requirements. • The Advisory Planning Commission held a public hearing on Apri122, 2003, and are recommending approval; subject to the conditions in the APC minutes. 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Agenda Information Memo August 19, 2003 Eagan City Council J. FINAL SUBDIVISION (NORTHWOOD BUSINESS PARK 3RD ADDITION) - NORTHWOOD EQUITY, LLC ACTION TO BE CONSIDERED: To approve a Final Subdivision (Northwood Business Park 3`d Addition) to create two lots on approximately 17.7 acres located north of Northwood Parkway and west of Lexington Avenue in the SE %4 of Section 10. FACTS: • The Preliminary Subdivision was approved on February 19, 2002. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page as W 0 I ~• ~, ~ ~~ ~ ~ ~ q~~ ~ _ _a ~ > ~ ! ° ~ ~ ~ e W ~ ~ s ~ Q 3 ~--- ---~ yt r '~ ; ~ ~ _ R a 'di~o O Q M ~~ j O Z R ............ .. ....~ ., 3 r- I L~1~ me-f" _ _. . / ' s 7 /4' o ~'~ ~ x as. I~' 3 i 3~ ea I s ~ a I „ a, i ~ a"bt laacrvu N'9tt 1N.CZAON e -~ 4 U ~ 'I ~ ~ p \ ,~ 1 fat ~ I ~ J ~ I ~ ' I -_ I - '~~ _ ~~e ; I ~~ xlac a~+.rr ~ ~ t~\ m 32 8 ~ .l ~ ~. ~ 4 i ~ ~: { ~~ ~~~3 ~ ~ ~~ ;~u I - ~~~~ ~~ ~,~9 a. _ ~~~ s3 33 Wy£p~ E W< I ~3 ~~gi ~o ~ O }~ r `J .~ l~~ L_. L r j L' U ~~~y SL. / ~ ' •,' ~ I z, ;:.,..:.:eye ~'t "''';i~`as -t ~ \ ~ o ~ , u ~~ I (~\\'t~,-~1 ~~~~ _~o~ as ~b~~~~ \~ _Sd~ et r'e sao'ar~et ~ ._ I •`~ ~ I ly I .. / ' I I ~ .. .. is• ~ / i ~~~ ._ ~~ ; I /+/~/ I L . JAI, / `/6~ ~~,~a~ cr) ,j jii~ r ~'°~ I ~ I 8 ~~ I s ~ , '~ j ... ~~ ~~ ~ ~ - - / ~ ._ ~ _ 4 w ~1 0 0 a6 Agenda Information Memo August 19, 2003 Eagan City Council Meeting K. CONTRACT 03-02, LEXINGTON PLACE/ LEXINGTON PLACE SOUTH DREXEL HEIGHTS ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: To approve the final payment for Contract 03-02 (Lexington Place/ Lexington Place South/ Drexel Heights Additions -Street Overlay) in the amount of $16,378.12 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 03-02 provided for the bituminous overlay of the streets in the Lexington Place/ Lexington Place South and Drexel Heights neighborhoods, as authorized by the City Council under City Projects 875 and 876, respectively. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. a~ Agenda Information Memo August 19, 2003 Eagan City Council Meeting L. CONTRACT 03-10. SELMARK/ HARVEY/ BURRVIEW ADDITIONS STREET OVERLAY ACTION TO BE CONSIDERED: To approve the final payment for Contract 03-10 (Selmark/ Harvey/ Burrview Additions -Street Overlay) in the amount of $13,403.84 to Bituminous Roadways, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 03-10 provided for the bituminous overlay of the streets in the Selmark/ Harvey/ Burrview neighborhood, as authorized by the City Council under City Project 764R. • The work has been completed, inspected by representatives of the Public Works Department and found to be in compliance with the approved plans and specifications, and is in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ag Agenda Information Memo August 19, 2003 Eagan City Council Meeting M. 2004 CIP STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Authorize the preparation of a feasibility reports by the City Engineer for Projects 894 (Coachman Land Company, Century Point and Donald Court -Street Improvements), 895 (Lake Park Shores & Thomas Lake Additions -Street Improvements), 896 (Lakeside Estates -Street Improvements), 897 (Wildemess Park 2„a & 3Ta Additions -Street Improvements), and 898 (Terminal Drive Street Improvements). FACTS: • The rehabilitation of Terminal Drive and the streets within the Coachman Land Company 15` - 3Ta Additions area (including Coachman Road, Four Oaks Road, Farnum Drive, Century Point, and Donald Court ), Lake Park Shores & Thomas Lake Additions (Lake Park Drive, Lake Park Court, and Park Circle), Lakeside Estates (Atlantic Hills Drive, Superior Court, Erie Court, Huron Court, and Michigan Court), Wilderness Park 2na & 3Ta Additions (Capricorn Court, Leo Court, Aries Court, Lyra Court, Orion Lane, Andromeda Way, Kaufmannis Way, and Aquarius Lane) are programmed in the City's 5-Year Capital Improvement Program (2004-2008 CIl') . • Based on the CIP schedule, it would be appropriate for the City Council to authorize the preparation of Feasibility Reports for each of these projects to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS • Location map, page. a9 City of Eagan .~./ _ ~ ~, I ,~> i '. u' ~. ~ ; ~; - -, , ~ ~~;r - LONE ~ '~: OAK `;` ~RD". NO SCALE ,I '~ i ;_ _ ~ ; I _ ~ ; ~ -__ ~ r1-` ~ _; I Terminal Drive - ~ "" ~' ~ ~ - ,T,.+-- ~ _. _ ,. __._-__ _ _Yr _._ Cenhiry Pt ! YANKEE DOODLE RD ~`~-,-- J - i~ ! ~ X71'-~ -I- r r- -- ----- i i~ i ,' Donald _ ~ __-~ ~ -~' ~ ' -; - ~ I - i ~ ~ ,, ~ '._~ 1 ~I ~ ~: _ ---- WESCOTT RD ~~J - O Tf , i ~ .~ + - - - ~ , W - ~ ~ _ ~ _ _ -~"~ _ i ~ ~ ~ I r~ ~~ ~ ~----+~_~ _ --~ ~ I ~ - _ i,~ _-,----~- ~ I I ~ ~,/~ ~ 7 ---- Q __ ~ - ~ ~ 1 ~ , -~ I ~~ ~~_~_ %' '~ , % ~_ ~ i i ~ ~ f - -DIFFLEY ROAD ~ ' -~ k~, ~ ~ ~ -~_- _ I i v ¢ i __ ~~ -I_.' -- ~ ; ~ - ''~D ~I I ~ , - '__~. ~ iake~ide__~sta#es ~- I _ i -. ~,ak :Park shores, O-~ ~- - r~ , ~__ / ~. ; ~'ti'omaslake'Additions Y Wldernless Park _~ _i. ~ "~ - ! ~ ,' ~ _ ~- i -- ~ '-3nd & and Add' ons ~ '~--- --_ r+ -~ I ! ~ ~~.~.-~ ~ ~ ~ 1 ~ J .~ ~ ~ ~ _ _ 1 ~ ~~-r - ~ ~ 1 _ ~- I _,_._. ~ I / '_ I / ,~ i i ; ~ ~~ I I `" i, ~ i - - - ~ -1 1 i ~ ~ o- i jr ;_ , i , I - _~ _-;J7-APPLE VALLEY ------- - _ ,-__/ 2004 CIP STREET IMPROVEMENTS a U a 0 0 n u A a 30 L 08/14/0 Agenda Information Memo August 19, 2003 Eagan City Council Meeting N. CONTRACT MODIFICATION APPROVAL AUTHORIZATION. ACTION TO BE CONSIDERED: Approve the City Administrator and/or Department Director to authorize modifications to an approved contract scope of work up to $25,000 for subsequent ratification by the Council. FACTS: • Recently, the City Council approved a $14.6M contract (#03-09) for the expansion and renovation of the existing Coachman Rd Water Treatment Facility. This is the largest single contract ever awarded by the City. With the inherent complexities associated with this type of public improvement and the restricted time frame to complete various critical elements of it, it is not unusual to expect that there will be occasions where field changes and related decisions will be required to be made based on unforeseen circumstances and unknown conditions (i.e. soil conditions, etc.). Some of these decisions .will have to be made within 24 hrs. to maintain a critical construction schedule. • Only the City Council can bind the City to a contract (or formal changes to it). However, given the potential for field changes and the need to quickly respond to them, it is proposed that the Council provide conditional authorization for amounts up to $25,000 subject to the City Administrator and/or Department Director's approval. As soon as practical following the granting of the conditional approval, the Department Director will present to the City Council the circumstances surrounding the conditional approval and the costs and benefit involved in the decision for formal ratification and approval of the appropriate formal change order. • Dakota County currently has a County Board approved policy of authorizing the County Administrator (or his designee) approval for up to $100,000 to any County contract. .3/ Agenda Information Memo August 19, 2003 Eagan City Council Meeting O. LOT 9. BLOCK 2 LEXINGTON PARKVIEW ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on September 16, 2003. FACTS: • On August 7, 2003, City staff received a petition from Ms. Linda Anderson, 4049 Northview Terrace, requesting the vacation of a portion of the drainage and utility easements within Lot 9, Block 2, Lexington Parkview Addition, east of Lexington Avenue and south of Northview Park Road in central Eagan. • The purpose of the request is to allow the construction of an in-ground swimming pool in the backyard of the property. • The easements were originally dedicated to the City as part of the Lexington Parkview Addition to accommodate temporary ponding in the area. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS: • Location map, page 32 . L "`~ `/LJ\ ~, ~ ~ aQ' ~~ ? YANKEE DOOOLE RD. y . ~ ~~ ti~ ~'o W ~. OTT R O ui W NORTHVIEW o PARK RD. z O~ ~ . ~ DIFFLEY ROAD Lrtr~ ~ ORN LEX. P NTE SIDS PARK AY viii Proposed Vacation ~ I ~ CLIFF R ~0 Y ~ G:lVa I cationsWVIEW TERR LOC 4049 Northview Terrace Proposed Easement Vacation 6/11103 Location Map City of Eagan 33 Agenda Information Memo August 19, 2003 Eagan City Council Meeting P. CONTRACT 03-13, BORCHERT IANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 03-13 (Borchert Lane -Street & Utility Improvements) and authorize the advertisement for a bid opening to beheld at 10:30 a.m. on Thursday, September 1 1, 2003 FACTS: • Contract 03-13 provides for the street upgrade and utility improvements of Borchert Lane, southeast of Mike Collins Drive, as outlined and discussed in the feasibility report for City Project 884. • On May 20, 2003, the City Council held a public hearing for Project 884. After presentations from City engineering staff and public comment from affected and interested property owners, the Council approved the project, authorized preparation of detailed plans and specifications, authorized the acquisition of easements through the quick-take eminent domain process, if necessary, and directed the preparation of assessable benefit appraisals with any recommended adjustment to the assessments brought back before Council for approval. • Engineering staff has negotiated with the property owner of Lot 1, Block 1 Borchert- Ingersoll Addition, Mr. Peter Lund, for the necessary drainage & utility easement for construction and maintenance of the associated lateral storm sewer improvements. Staff and Mr. Lund have reached a verbal agreement regarding this easement. • Engineering staff anticipates that the necessary regulatory agency permits will be received prior to the bid opening date. • 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. • The base bid proposal provides for construction to begin yet this fall with interim completion planned for November, 2003 and final completion planned for July, 2004. An alternate bid will be requested for delaying the start up until Spring of `04 and a July, 2004 completion date. 3~ Agenda Information Memo August 19, 2003 Eagan City Council Meeting Q. BRAUN INTERTEC AMEND SERVICE AGREEMENT ACTION TO BE CONSIDERED: Approve an Amendment to the Service Agreement with Braun Intertec Corporation authorizing the following designated City staff to execute work orders for requested engineering services: Public Works Director, City Engineer, Assistant City Engineer, Construction Manager, Superintendent of Streets & Equipment and Superintendent of Utilities. FACTS: • As a result of an advertised solicitation for Statements of Qualification (SOQ), Braun Intertech is one of the City's 18 designated Specialty Service Consultants as approved by Council action on Sept. 4, 2001. • On August 4, 2003, the City Council approved a formal Service Agreement with Braun Intertec Corporation and authorized designated City staff to execute work orders for requested engineering services. • The agreement attached to the August 4 agenda report inadvertently omitted the positions of the designated City staff authorized to execute work orders for requested engineering services by Braun Intertec Corporation. • The Public Works Department periodically requires the professional services provided by Braun on numerous occasions, including material testing, soil borings, density tests, etc. for public improvements. 3S Agenda Information Memo August 19, 2003, Eagan City Council Meeting R APPROVE PROPOSAL FROM AMERICAN ENGINEERING TESTING. INC. FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT ON KOPACEK PROPERTY ACTION TO BE CONSIDERED: To approve a proposal from American Engineering Testing, Inc. for a Phase II environmental site assessment on the Kopacek Property. FACTS: • The City of Eagan's Economic Development Authority has a purchase agreement to acquire property at 3996 and 4000 Cedar Grove Pazkway referred to as the Kopacek property. Included in the agreement is a contingency making the closing contingent upon among other things the results of environmental tests to be conducted by the buyer. The City has recently received the results of the Phase I Environmental Site Assessment on the property previously authorized by the City Council. In that assessment certain environmental conditions were identified. The Phase II Environmental Site Assessment will determine whether the recognized environmental conditions have impacted the soil and groundwater on the property with suspected contaminants. • The proposal cost is estimated to be $12,500 and will be charged to the Cedaz Grove redevelopment project. • Mr. Kopacek has been informed about this action and the City's potential concern with purchase of the property at the negotiated price. • American Engineering Testing, Inc. has previously been approved as an authorized engineering specialty consulting firm. ATTACHMENTS: • Enclosed on pages ~ through ~~ is a copy of the proposal from American Engineering Testing, Inc. for a Phase II environmental site assessment on the Kopacek Property. 36 AMERICAN 1 ENGINEERING TESTING} INC. July 31, 2003 City of Eagan Mr. Michael Klemm Severson, Sheldon, Dougherty & Molenda, PA 7300147' Street West, Suite 600 Apple Valley, MN 55124 RE: Phase II Environmental Site Assessment Proposal 3996 - 4000 Cedar Grove Parkway Eagan, Minnesota AET Proposal No. 3-03-254 Dear NIr. Klemm: CONSULTANTS • GEOTECHNICAL • MATERIALS • ENVIRONMENTAL ~,~~ 7 2t~1~3 American Engineering Testing, Inc. (AET) is pleased to offer services to the City of Eagan (hereafter referred to as the Client) for conducting a Phase II Environmental Site Assessment (ESA) at the above-referenced site. This proposal describes the work scope, schedule, fees, and other information regarding our services. Project Information AET has completed a Phase I ESA on the above-referenced site and reported in AET Job No. 03- 01777, dated July 30, 2003. During performance of this Phase I ESA, the following recognized environmental conditions were identified: • The PROPERTY contains a known dump site associated with identified improper disposal practices. • An occupant of the PROPERTY is listed a hazardous waste generator. • A UST previously existed on the PROPERTY. Evidence of other USTs was noted on or near the eastern edge of the PROPERTY as well as within the garage on the PROPERTY. • Observations revealed floor staining of the garage floor, floor drains within the garage and lab buildings, a possible waste trap or sump, and a grease pit within the lab building. • Aseptic system is associated with the lab building. 3~ This document shall not tie reproduced, except in full, without written approval of American Engineering Testing, Inc. 55Q Cleveland Avenue North . St. Paul, MN 55114 •651-659-9001 • Fax 651-659-1379 Duluth .Mankato .Marshall .Rochester -Wausau .Rapid City .Pierre • Sioux Falls AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER Ciry of Eagan AET Proposal No. 3-03-254 July 31, 2003 Page 2 of 4 Purpose The purpose of this Phase II ESA is to whether the above recognized environmental conditions have impacted the soil and groundwater on the PROPERTY with suspected contaminants. Scope of Services In order to achieve the purpose of this service, AET will prepare the Phase I ESA by performing the following tasks: ' • Clear utilities through Gopher One services. • Perform a magnetic survey to determine locations of possible underground storage tanks. • Seven geoprobe borings and five hand augered (HA) borings are planned to be placed in or near the following locations: - geoprobe: waste trap or sump on east side of garage - geoprobe: north side of lab building near septic system - geoprobe: near southeast corner of lab building - geoprobe: near south end of garage - geoprobe: south of garage - geoprobe: near potential underground storage tank SE of garage - geoprobe: inside lab building in grease pit - 2 HA borings: inside garage near sealed floor drains - 2 HA borings: outside west side of lab building near wall mounted drains - 1 HA boring: near floor drain in south end of lab building. • Three of the geoprobe borings will be advance to the surficial water table, presumed to be approximately 30' in depth. The remaining geoprobe borings will be advance to a depth of 12' . • The soil borings will be field screened at approximately 2' intervals with a photoionization detector in accordance with the attached general environmental sampling methods. • Based on the results of PID screening and observations of the soil samples, selected samples will be collected and submitted to the laboratory for chemical analysis. For budgetary purposes, we assumed analysis of one soil sample from each of the planned soil borings. Each soil sample will be analyzed for diesel range organics (DRO), volatile organic compounds (VOC) and the eight Resource Conservation and Recovery Act metals (RCRA metals). • Three groundwater samples will be collected from the three geoprobe borings advanced to the surficial water table. Each water sample will be analyzed for DRO, VOC and RCRA metals. 3Fs City of Eagan AET Proposal No. 3-03-254 July 31, 2003 Page 3 of 4 • Upon completion of the fieldwork and receipt of possible analytical results, the results will be summarized in a written report. The report will include boring logs, methodologies used, a sketch showing the sample locations, and the results of analytical testing. Client Responsibilities The Client shall provide AET with access to the subject property. Performance Schedule Based on our current schedule, we would require approximately a one week notice before beginning to perform the borings. Fieldwork is expected to be completed within two days. Results of the screening and observations of the recovered samples will be available as the fieldwork progresses. Samples will be submitted to the laboratory upon completion of fieldwork. Normal laboratory turn around time is two to three weeks with completion of the report within one week of receipt of the laboratory results. Please let us know if the schedule does not meet your time table as we are available to review special needs that you may have. This proposal is valid for a period of 90 days from the date issued. Conditions The attached Service Agreement as amended for the above reference Phase I ESA applies to this project. Fees Our fees for services will be charged on a time and materials basis in accordance with our current schedule of fees, which is attached. For the Phase II ESA scope of services described above, the cost is estimated to be $12,500, which will not be exceeded without prior written approval. 39 City of Eagan AET Proposal No. 3-03-254 July 31, 2003 Page 4 of 4 Acceptance Please indicate your acceptance of this proposal and authorization to proceed by signing, dating and returning one copy of this proposal to us. The second copy is for your records. American Engineering Testing, Inc. appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions, or need additional information, please contact me. Sincerely, American Engine ring Testing, Inc. Richard D. Lowe Environmental Engineer Phone: (651) 659-1316 Fax: (651) 659-1379 e-mail: rlowe~ainenatest.coin Attachments: 2003 Environmental Fee Schedule Service Agreement (Amended) General Environmental Sampling Methods Push-Probe Environmental Sampling Methods PROPOSAL ACCEPTANCE Signature Date Typed/Printed Name Company ~~ Agenda Information Memo August 19, 2003, Eagan City Council S. SCHEDULE BOARD OF ADJUSTMENT AND APPEALS HEARING - CENTRAL IRRIGATION ACTION TO BE CONSIDERED: To schedule a Hearing on September 16, 2003 for Board of Adjustment and Appeals regarding request by Central Irrigation Supply to review Eagan City Council denial of a Rezoning from Transitional (T) to Neighborhood Business (NB) for property located at 2785 Pilot Knob Road. FACTS: • The City Council adopted Findings of Fact and Conclusions denying the Rezoning to NB on June 3, 2003. ATTACHMENTS: (1) Letter from attorney representing Central Irrigation Supply on page through ~. Sri AUG. 15'2003 10:14 952 432 3780 SEVER50N SHELDON PLSKI PLSKI ATTORNEYS AT LAW July 29, 2003 US BANK CENTER SUITE 1712 101 EAST FIFTH STREET SaINT PAUI, MNVNfiSOTA 55101-1879 TC{EPNC)NE (651) 2241 na F,y(; (661) ?24-4663 E•MAII: polakllawQool.com DOUGHERTY l 'I JUL ~ 010D3 #3371 P. 002/003 R~bori J. Polak) 1921.1077 RoboR J. Pohkl. Jr. Mamb~r of mo Mlr-r~aa-a orxi Wiecon~n Sara City Council of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1827 In Re: Application of Central Irrigation Supply for a Rezoning from T, Transitional to NB Neighborhood Business at 2785 Pilot Knob Road Dear Council Members: i represent Cen#ral Irrigation Supply and Mr. Bernardo Luciano relating to the above rezoning request, On May 27, 2003, the City of Eagan Advisory Planning Commission unanimously recommended approval of the rezoning request. On June 3, 2003, the Eagan City Council denied the request for rezoning and issued its Findings of Fact, Conclusions and Resolution dated June 3, 2003. Section 11.40 Subd.2B of the Eagan City Code refers to application for appeals to the Board of Adjustment and Appeals, however, after speaking with Mike Ridley, I understand that the City of Eagan does not have its own format application form. Please ccrosider this letter to be my client's application appealing to the Board of Adjustment and Appeals the City Council's denial of the request to rezone the property to Neighborhood Business (NB). My client's allege that the City Council erred in its Findings of Fact, Conclusions and Resolution as follows: 1. Applicant's business d08S senre_ the daily needs of the surrounding residents. Applicants provided a written narrative describing that all residents cars visit their business to learn how to install, service, and maintain their underground sprinkler systems through seminars on do-it-yourself installation of sprinkler systems, ponds, pond aerators, pumps and water felts. All necessary equipment, parts and expertise may be purchased at a retail level by the public. A showroom will be constructed to display products to the public. . oZ- AUG. 15'2003 10:14 952 432 3780 SEVERSON SHELDON DOUGHERTY #3371 P. 003/003 ~~ I I City Council of Eagan July 22, 2003 Page Two 2. Applicant's business is consistent with the O/S Comprehensive Cuide designation. O/S Office Service, covers areas for office and cower intensity retail business_ The applicants intend to develop a retail showroom consistent with the O/S designation, open to the general public. A GB (General Business District} 1s not necessary to applicant's business purpose. 3. Applicant's letter of April 9, 2003, does mention the word "warehouse," however, taken in the context of the entire letter, applicant only meant that the products and services provided would be enclosed in a building to be constructed. not for the purpose of storage, but for the purpose of display and sale to the general public. No storage of materials outside the building will be allowed. 4. Paragraph S of the Findings, etc. concludes that driveway access to Picot Knob Road creates an unsafe condition. This conclusion is not supported by any Credible evidence. The Dakota County Plat Commission reviewed the prat and recommended approval of the plat with temporary access onto Pilot Knob Road. Permanent access would come from future development of a street to the northwest of the site. In order to develop the site, applicant will need to acquire ail the necessary Dakota County Transportation Department permits for temporary access. This process will address the issue of safety from Picot Knob Road. 5. Presently, the property consists of an old home with detached garage. Use of the property as residential housing is inconsistent with the surrounding uses and zoning, and totally underutilizes the site's potential. Please set this matter on for consideration by the Board of Adjustments and Appeals within the fiirne limits provided in Sec. 11.40 Subd.2.B. of the Clty Code. At the time the Boarcl meets, the applicants wish to appear personally to present their appeal. Please advise me of the date and time the Board will meet. Thank you, Si ere r Ro ert . P ski, J . RJP c: Central Irrigation Supply ~`3 Agenda Information Memo August 19, 2003 Eagan City Council Meeting T. ACKNOWLEDGE ECONOMIC DEVELOPMENT COMMISSION MEMBER RESIGNATION -CITY OF EAGAN ACTION TO BE CONSIDERED: To accept the resignation of Economic Development Commission (EDC) member, Lee Ashfeld. FACTS: - Commission member Ashfeld was appointed to a three-year term in January 2001, and currently serves as the EDC Chair. - Mr. Ashfeld has served on the EDC since 1998. - Mr. Ashfeld is moving to Maple Grove to pursue a professional opportunity. - Per the direction of the City Council at the August 12, 2003 workshop, staff will continue in gathering research and options regarding the appointment, resignation, and removal process for advisory commissions, which will be brought back to the City Council in late September/early October. ATTACHMENTS: (1) - The letter of resignation from Commissioner Ashfeld is enclosed on page y'.~ ~~ Lee M. Ashfeld 1356 Chatterton Court Eagan, MN 55123 Home Tel: (651) 688-0061 Bus Tel: (763) 494-9800 E-mail: lashfeld@eaglecommunitybank.com VIA E-MAIL To: Mike Ridley (mridle~~cit~feagan.com) August 12, 2003 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear City Council: It is with great reluctance and sadness that I resign my appointment on the Eagan Economic Development Commission as its Chairperson. As some of you know, I have lived in Eagan since 1985 and have been active in numerous business, social and city sponsored activities during that time. I consider Eagan my home and am proud and honored to live in such a desirable and well-managed community. Recently, I had the opportunity to invest in and organize the chartering of a new commercial bank. This opportunity has led to the chartering of a new bank in Maple Grove, a substantial distance from Eagan. I am now in the process of selling my home in Eagan and building a new home in the northwest quadrant of the metro area. I expect I will continue living in Eagan until the end of the year. I have been fortunate enough to have met, worked with and enjoyed many residents of this great community. Many of which are involved with the administration and management of the City of Eagan. I will miss those relationships a great deal. I have particularly enjoyed working with Tom Hedges, Jamie Verbrugge and Mike Ridley on the EDC. My best regards to Mayor Pat Geagan, the City Council and Staff in all they do in the future. Sincerely, Lee Ashfeld ~S~ Agenda Information Memo August 19, 2003 Eagan City Council Meeting U. APPROVE FORMATION OF THE SENIOR PROGRAM DEVELOPMENT COMMITTEE, PER THE RECOMMENDATION OF THE COMMUNITY CENTER OPERATIONS COMMITTEE ACTION TO BE CONSIDERED: To approve the formation of the Senior Program Development Committee per the recommendation of the Community Center Operations Committee. FACTS: - Per the recommendation of the Operations Committee at their July 2, 2003 meeting, City staff met with the senior program committee to discuss the formation of a formal Senior Program Development Committee (SPDC). - The purpose of the SPDC, as recommended by the Operations Committee, would be to provide program and communication assistance, as well as encourage recreational, social, and educational opportunities for interested participants. - With input from the seniors, staff has been preparing draft bylaws for the SPDC. - The Operations Committee reviewed the first draft of the bylaws at the August 4 Operations Committee meeting, and staff is in the process of revising them per the suggestions of the Committee. - The final draft of the committee bylaws will be provided to the Council upon completion. - Mayor Creagan, at the July 2 Operations Committee meeting offered to meet with the seniors after the SPDC has been formally established by the Council. v~ Agenda Information Memo August 19, 2003 Eagan City Council Meeting V. GREYHAWK ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and utility easements within Greyhawk Addition and schedule a public hearing to be held on September 2, 2003. FACTS: • On August 13, 2003, City staff received a petition from Mr. Mark Gergen, developer and property owner of Greyhawk Addition, requesting the vacation of drainage and utility easements within all of the Greyhawk Addition plat, north of Diffley Road and east of Blackhawk Road in central Eagan. • The purpose of the request is to remove underlying easements of Greyhawk Addition to eliminate redundancy with the subdivision of Greyhawk 2°a Addition, which provides for the re-platting of the entire property. All necessary easements on the property will be dedicated with re-platting of the property as Greyhawk 2"d Addition. • The Greyhawk 2"a Addition final plat/ subdivision of the property is also on the City Council's consent agenda for the August 19 meeting. • Notices will be published in the legal papers and sent to all potentially affected and/or interested utilities for comment prior to the scheduled public hearing. ATTACHMENTS • Location map, page ~~ Greyhawk Addition Proposed Easement Vacation 8/14/03 City of Eagan Location Map ~~ Agenda Information Memo August 19, 2003, Eagan City Council OLD BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) ACTION TO BE CONSIDERED: To approve (OR to deny) a Planned Development Amendment to allow a maintenance building within a utility easement subject to an agreement waiving objection to and claims from the City's removal if necessary as determined solely by the City for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 1St Addition, in the SW '/4 of Section 30, subject to the conditions listed in the July 22, 2003 APC minutes.. To approve (OR to deny) a Planned Development Amendment to allow modifications to the approved Landscape Plan, including deletion of the trail way, but requiring the installation of security lighting for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 1St Addition, in the SW '/a of Section 30, subject to the conditions listed in the July 22, 2003 APC minutes. FACTS: - There are four primary issues before the City Council: 1. Location of the trash enclosure/maintenance shed within a public easement; 2. Bituminous trail located along the east edge of the subject site (within the City's utility easement); 3. Modifications to the approved Landscape Plan; and 4. The addition of security lighting on the east side of the existing building. - Honey Tree 1St Addition was platted in 1998 and the hotel was constructed on Lot 2. The property went into foreclosure and is now owned by Eagan Hotel Group, LLC, who wishes to complete outstanding items and rectify items ofnon-compliance. - On August 4, the Council discussed a proposed amendment to the Eagan Hotel Group LLC Planned Development Agreement as necessary to allow a maintenance building to remain within a dedicated public utility easement and to modify the landscaping plan for Lot 2, Block 1, Honey Tree 1St Addition (4510 Erin Dr.). These requests were continued to the Aug. 19 Council meeting to allow staff to meet with the applicant and try to identify the minimum requirements of the City. - The requested modification to the landscaping plan would delete the requirement to reconstruct and maintain a pedestrian trail around the west edge of the pond. The trail was originally intended to be an amenity for the tenants of the Mari Acres commercial development. Although it could have also provided a beneficial connection for the future residents of the Shelter Corporation residential development (Cedar Villas) to the neighborhood commercial businesses along Erin Lane to the south, a public trail easement was never required nor dedicated to preserve this connection and insure its continuous upkeep. The trail (located within the utility easement) also provided a limited secondary benefit for quick and easy access to the City's sanitary sewer structures located behind the hotel. ~/ - The applicant also requested that they not be required to remove/relocate the existing structure housing their trash enclosure and storage shed due to its location within a public easement. This shed currently encroaches approx. 10' into the utility easement and is approx. 7.6' from the center of the 12" trunk sanitary sewer buried 17'deep. Public Works maintenance personnel inspected the sewer pipe and found it to be in good condition and in no need of any foreseeable repair that would require excavation in the vicinity of the structure. An offer by the applicant to enter into an agreement to waive any objection to its removal at a future date if so required by the City would be acceptable, given current conditions and circumstances. Although the applicant would not have to replace the trail way, staff is recommending that the applicant be required to incorporate the original trail alignment into the overall maintained lawn axea at a comparable grade sufficient to allow unimpeded access by City maintenance equipment. - The approved development plan shows a trash enclosure encroaching within the drainage and utility easement at the northeast corner of the property, but did not include approval for a maintenance shed. The easement covers a sanitary sewer line and is intended to provide an area clear of major obstructions to allow for the safe and efficient maintenance of the underground pipe. - The PD Agreement also included an approved landscape plan, which has not been fully and satisfactorily implemented, and. called for reconstruction of the trail that runs along the east edge of the property. - The Advisory Planning Commission held a public hearing on July 22, 2003, and recommended denial of the request to allow the maintenance shed to remain within the easement and approval of the request to amend the landscape plan. ISSUES: - Staff has concern with the arrangement fora "hold harmless" agreement proposed by the applicant because it would be difficult to enforce, potential changes in ownership, and may set a precedent for potential future encroachments in other similar situations within the City. - The applicant objects to the addition of security lighting, which was not required with the approved plan but is recommended by Eagan PD and the APC. 60-DAY STATUS: - Deadline is October 15, 2003. ATTACHMENTS (5): Graphic illustrating structures and City easement, page Sewer alignment photos, page through ,5~ Eagan PD memo regarding security lighting, page.s~ July 22, 2003, APC Minutes, page ,~ through ~- Staff report, page ~hrough SO H ON EYTREE ADD! TI ON EASEMENT ENCROACHMENT S~ :; ~xr -K ti ~ ;~ ~ _ f r~ v- p ,~ hS, ~,y k1C i S} f-C LE-~ n Y r t'A ~ L t fi . ~z r ~ 4 ~l7~.. ~ ~ti ~. fl ~ f A.;. ~~ ~ ~ rL~~~ ' *^ { fi .. . a .:` ~ a.r ~\< mob. ~` ~ f Y $? P ' A' a ~.` ~ r •~ .~ ~ a ~ Y ~ s < "~~.~- ` ,. J ip ~ t ~ ! 1 r• ,;q p ~~ 2 ~ i I _ ~ ya ,, ea x ~ •x ~ +.. y ~ y~~r f K .: .1 ~wt2~ Y~YY ry y.. `~ ~ ar ,i ~•~}.. 1. t" tS Y ', ~ fi 4 ~~` ~ ~ - d ` ~ ,~.4~.. yy CSC ..1` e ~ x "i `.&~ ~~~ ,..-~ pP ~~ -_ a ~ + '^^p o: ~ ~ ;' 1 r ~s+ c' d ., ~ i ~ c ~ .u, •. ' ~~ ^w. : • ~+'-A is ~. .. h 3 ~.t .,~G' . ; ~ . { 4 •1.. ka R •. ~t R Vp~~~y~w~'a~t~ 4'~R 4~- "~ ~k'~', ~ .tea `~~v ~~~~~ ~ `1 ~ W { l ~~~ NIENIORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, NIN 551?? 651-675-5700 651-675-5707 F.=~X DATE: 07-10-03 TO: Pam Dudziak FROM: Officers Todd Kirchgatter & Jennifer Ruby SUBJECT: Days Inn, 4510 Erin Dr. Following are some recommendations that we would like to make in reference to the landscaping plan for the Days Inn at 4510 Erin Dr. Our main concerns are lighting and landscaping along the walking path. Other concerns we have are the lighting and landscaping in close proximity to the building. y The improvements we would like to see are the same for both areas. Near the walking path eve would like to see lighting that illuminates the path itself and also to the sides, and is not blocked out by trees or shrubs. (unknown amount of fc's here). We would also recommend that any grown tree have limbs no lower than 7 feet from the ground and any shrubbery be no higher than 2 to 3 feet high, and not densely planted (or when matured). By the sides of the building we would recommend the same dimensions for trees and shrubs to eliminate hiding places. We would also recommend some security lighting rather than accent lighting. Not so much lighting that it would be bothersome to patrons of the building, but enough to make anyone trying to hide anywhere around the building uncomfortable. Thanks, Todd & Jenni SS City of Eagan ; ~ ~° Advisory Planning Commission Meeting Minutes ~ ~ ~. ~° July 22, 2003 . Page 4 B. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC A Planned Development Amendment to allow the location of a maintenance building within an easement and to amend the original landscaping plan of Lot 2, Block 1, Honey Tree 15t Addition, located at 4510 Erin Drive in the SW '/< of Section 30. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated July 17, 2003. She noted the background and history. Applicant Beth Timm explained that the property was in foreclosure when it was purchased. She stated the maintenance shed could be removed, however, they are not in favor of the removal. She suggested that the maintenance shed be removed if the City ever needed to work in the area. She explained that there is an existing letter of credit with the City for landscaping that was never used, therefore, she asked that the landscaping deposit of $7,500 be waived. She stated there is not an easement for the trail and she is not sure who would use the trail. She stated the trail is behind the pond area, and to pave the trail would not be money best spent. She stated concern that the trail would invite people to linger behind the property. She stated the security lighting was not part of the original plan, and they would like to know what effects this would have on the surrounding property owners. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked Staff if there is an original letter of credit for the landscaping, if they would explain more about the trail and the security lighting. Assistant E ngineer J ohn G order a xplained t hat t here i s a n e xisting I etter o f c redit for approximately $32,000. He explained that the trail was installed for utility maintenance purposes and the previous owners wanted to implement the trail into the property's landscaping. Planner Dudziak explained that the City has improved its crime prevention efforts since the original development. At that time the residents adjacent to the property were concerned about excessive lighting and staff is now better at evaluating such plans from a security and crime prevention perspective also. Chair Heyl stated the maintenance shed was built without a building permit and without the City's permission. She stated the lighting plan makes sense. She stated if there is a letter of credit, the requested funds for landscaping should be waived. Planner Dudziak stated the money for the landscaping is not needed. Member G ladhill s tated t his i s n of t he p lace for I eniency o n t he q uestion of s tructure placement within an easement. 56 City of Eagan Adviso Plannin Commission Meetin Minutes rY g g July 22, 2003 Page S Member Bendt stated the structure is not aesthetically pleasing, however a sign could be posted to explain the sewer situation. He stated destroying the shed is not necessary. Member Steininger agreed with Member Bendt. Member Gladhill stated the applicant has no hardship and the owners most likely knew of the violation before purchasing the property. Member Gladhill moved Member Leeder seconded a motion to recommend denial of the Planned D evelopment Amendment t o allow the location of a maintenance building within a n e asement o n Lot 2 ,Block 1, H oney T ree 1 St A ddition, I orated a t 4 510 E rin Drive in the SW '/4 of Section 30 subject to the following conditions: Motion carried 4-2. Aye: Chair Heyl, Leeder, Gladhill, and Hansen. Nay: Bendt and Steininger. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to amend the original landscaping plan of Lot 2, 81ock 1, Honey Tree 1 S' Addition, located at 4510 Erin Drive in the SW '/4 of Section 30 subject to the following conditions as amended: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The landscaping must be completed by October 1, 2003. 4. The trail along the east edge of the property shall be reconstructed and surfaced with bituminous asphalt. 5. Security lighting shall be added around the building and to illuminate the trail. Lighting should be sufficient to provide for security, safety and traffic circulation, but shielded and diffused so as not to be a nuisance to occupants or adjacent properly and public rights-of-way. 6. Trees near the building and the path shall be pruned of branches below seven feet and shrub material shall not exceed 3 feet in height. For security purposes, shrubs along the trail and around the building shall not exceed three feet in height and shall provide open spaces such that the planting is not continuous and dense. All voted in favor. S7 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 17, 2003 APPLICANT: Eagan Hotel Group, LLC CASE: 30-PA-09-06-03 HEARING DATE: July 22, 2003 PROPERTY OWNER: Eagan Hotel Group, LLC APPLICATION DATE: July 3, 2003 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 4510 Erin Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Eagan Hotel Group is requesting approval of a Planned Development Amendment to allow a maintenance building within a utility easement, and to modify the landscape plan. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affimZative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The existing drainage and utility easement was acquired as part of the original construction of the sanitary sewer pipe in 1981. The easement was retained with the Honey Tree 1St Addition subdivision in 1998. In 1998, the property was rezoned from CSC, Community Shopping Center to PD, Planned Development, and a PD Agreement was executed. The approved development plan shows a trash enclosure encroaching within the easement area at the northeast corner of the property, but did not include approval for a maintenance shed. The PD Agreement also included an approved landscape plan, which has not been fully and satisfactorily implemented, and called for reconstruction of the trail that runs along the east edge of the property. S 8' Planning Report -Eagan Hotel Crroup, LLC July 22, 2003 Page 2 Eventually the property went into foreclosure and is now owned by Eagan Hotel Group, LLC, who wishes to complete outstanding items and rectify items ofnon-compliance with respect to the site development. EXISTING CONDITIONS The site is developed with afour-story 104-unit hotel that was constructed in 1998. A 35-foot foot wide utility easement covers the east edge of the property. A 12" diameter sanitary sewer pipe that was constructed in 1981 extends through the Honey Tree 1~` Addition site along its eastern edge. The sewer pipe is approximately 17 to 20 feet deep and is considered a major line that serves the area of the City west of Cedar Avenue. The site has been landscaped, but the installed landscaping does not comply with the approved landscape plan. The trail on the east edge of the property is in disrepair and overgrown with weeds. There is a trash enclosure and maintenance building at the northeast corner of the property, which encroaches within the utility easement. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Egistin Use Zonin Land Use Desi nation North Office (under PD, Planned Development RC, Retail Commercial construction East Pond; Residential CSC, Community RC, Retail Commercial; across Nicols Rd. Shopping Center; MD, Medium Density PD, Planned Develo went South Office; Class II CSC, Community RC, Retail Commercial restaurant Sho in Center West TH-77 Cedar Avenue EVALUATION OF REQUEST Description ofProposal -Eagan Hotel Group recently acquired the former Sleep Inn property at 4510 Erin Drive. The original developer did not complete the installation of the landscaping, and constructed a maintenance shed that was not part of the approved plans. The maintenance shed is located within a public utility easement, and the applicant is proposing that it be allowed to remain. The applicant has also proposed a revised landscape plan that makes use of the landscaping that has been installed, while changing the landscape plans for those areas that have not been installed. s9 Planning Report -Eagan Hotel Crroup, LLC July 22, 2003 Page 3 Maintenance Building -The applicant's proposal to resolving the encroachment of the maintenance is to amend the Agreement to provide that: "...the City of Eagan will permit the owner to leave the maintenance building that encroaches into the easement area; provided, however, in the event that the building ever becomes an obstacle for the City when and if the City ever has to undertake work in the easement area that the Owner will hold the City harmless from any damage to the building resulting from the City's maintenance of the easement area, and in the event the maintenance building is otherwise damaged or destroyed then owner shall cause the replacement maintenance building/trash enclosure to be located outside of the easement azea." The approved development plans show a trash enclosure located at the northeast corner of the property. The trash enclosure consists of 6-foot masonry walls and a screening gate. The maintenance building is a 6' by 12' enclosed building attached to the rear of the trash enclosure. Both structures were built with footings. The maintenance building was constructed without a building permit and encroaches into the utility easement along the east side of the property by approximately 11 feet. The drainage and utility easement over the sanitary sewer line (35 feet in total width 17.5 feet either side of the pipe) was acquired as part of the original pipe construction in 1981 and was perpetuated with the Honey Tree ls` Addition plat in 1998. The entire easement is to provide an area clear of major obstructions to allow for the safe and efficient maintenance of the underground pipe, if necessary. If the sanitary sewer pipe were to be excavated in the current situation, the building would be an obstruction and would collapse into the excavation. A "hold harmless" agreement as proposed by the applicant would be difficult to enforce as possible changes in ownership occur and potential disagreements arise regarding what is necessary maintenance of the pipe, allowable time of removal of the building, the extent of removal, etc. An agreement would also set precedence for potential future encroachments in other similar situations within the City. Staff has concern with the proposed arrangement. The suitability of the proposed agreement is a policy issue to be determined by City officials. Options to rectify this situation include the full removal of the building and footings from the easement area and possibly relocating it elsewhere on the site, or relocation of the sanitary sewer to an adequate distance away from the building to allow for excavation maintenance of the pipe. Landscape Plan -The applicant wishes to amend the landscape plan "... to a more updated and more suitable plan ...made up of more hardy plants and a more pleasant landscape appeal than what has been proposed in the past." The approved landscape plan called for dense plantings along the east side of the property between the building and the trail, consisting of several varieties of evergreen trees and Quaking Aspen trees. In addition to the shade trees along Erin Drive, the approved landscape plan also showed a solid row of rase bushes and upright arborvitae. 6d Planning Report -Eagan Hotel Group, LLC July 22, 2003 Page 4 Upon inspection of the property, some minor adjustments were made to some of the foundation plantings, but the shrubs along Erin Drive had not been installed, and none of the trees east of the building had been installed. At the time of the original development the existing trail was in disrepair. The trail is now non-existent and obscured by weeds. The trail should be reconstructed according to the original Planned Development Agreement. The modified landscape plan proposed by the applicant shows several shrub beds along Erin Drive, between the shade trees and the parking lot. While these shrubs are not as dense as shown on the- original landscape plan, they will provide variety and added visual interest to the site. The grades are such that Erin Drive is several feet above the parking lot, so the shrub material is not necessary for screening purposes, but is needed to achieve landscape values proportionate to the building value. On the east side of the building, in place of the solid evergreen trees and aspen that were shown on the approved plan, the applicant proposes a total of just 14 trees -- six ornamental trees, four shade trees and four evergreen trees. While the numbers are a significant reduction from the original landscape plan, the result is a more open landscaped area that provides visual and seasonal variety. The Police Department prefers the more open landscape plan from a crime prevention perspective, and had the following additional continents: • Any grown trees east of the building along the trail and should have limbs no lower than seven feet from the ground and any shrubbery adjacent to the building shall be no higher than two to three feet high and not densely planted. • Security lighting should be added around the building and to illuminate the trail. Lighting should be sufficient to provide for security, safety and traffic circulation, but shielded and diffused so as not to be a nuisance to occupants or adjacent property and public rights-of- way. SUMMARY/CONCLUSION In summary, the applicant is requesting approval of a Planned Development Amendment to allow the existing maintenance building to remain within a utility easement and to allow a modified landscape plan. The easement provides an area clear of major obstructions to allow for the safe and efficient maintenance of the underground pipe, if necessary. Staff has significant concern with allowing the building to remain within the easement, even with a hold harmless agreement as suggested by the applicant, because the situation will still present practical problems with regard to the public maintenance of the pipe, and may set a precedent for other such requests in the future. The acceptability of this proposal is a policy matter to be determined by City officials. The proposed changes to the landscape plan appear to satisfy typical City landscaping standards, and would be an improvement over the existing landscaping. While the plant materials proposed are fewer in number, the landscape design is preferable to the original landscape plan, particularly with regard to the east side of the property between the building and the trail. 6/ Planning Report -Eagan Hotel Group, LLC July 22, 2003 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a maintenance building within a utility easement. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The Owner shall execute an agreement holding the City harmless for any damages to the maintenance building or trash enclosure that may result from the City's use and maintenance of the easement. The agreement shall be submitted for review and approval by the City Attorney prior to execution. To recommend approval of a Planned Development Amendment to modify the landscape plan. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The landscaping must be completed by October 1, 2003. 3. A landscape deposit of $7,500 shall be submitted to the City to ensure completion of the landscaping and replacement of any materials that do not survive the first year following installation. 4. The trail along the east edge of the property shall be reconstructed and surfaced with bituminous asphalt. 5. Security lighting shall be added around the building and to illuminate the trail. Lighting should be sufficient to provide for security, safety and traffic circulation, but shielded and diffused so as not to be a nuisance to occupants or adjacent property and public rights-of- way. 6. Trees near the building and the path shall be pruned of branches below seven feet and shrub material shall not exceed 3 feet in height. For security purposes, shrubs along the trail and around the building shall not exceed three feet in height and shall provide open spaces such that the planting is not continuous and dense. 6~ Esgan Boundary ^/Street Centerline Ij-J~7 Parod Area BWiding Footprhtt 1 ,~:;~ ® ~-`'',~ ~I ~, ®~ ` ~ e ®I I ®~ ~' 1 ~ ICI 6 1000 D 1000 2000 Feat Developmerrt/Developer: Eagan Hotel Group, LLC Application: PD Amendment Case No.: 30-PA-09-06-03 `~ Map Prepared using F_RSI AteViaw S.t. Parpl base map dau provided N by Dakon County Office of 0•IS and is ewrsnt as of June 200. l` THIS MAP IS INTENDED FOR REFERENCE USE ONLY W I: city of eacJcn The City of Eagan and Dakota Gounty do not guarantee the accuraty of this irtforma8on and an s -~ - •- ----- ----~--~ not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Hotel Group, LLC Case No. 30-PA-09-06-03 Zoning Map Ls r PD g~ P S Current Zoning: P ~ Location PD ~ P ~ Planned Development ~ P ~ PD R~ D PD PD PD D PD PD GSC T L6 PF sw • .o• tms -re ~ id e G Pl C h i ~ °~"""""" "" '¢ ens v u e an ompre I ~~ P Land Use Map MD . P F Lo MD ~ P cation A Current Land Use Designation: RC Retaii Commercial ~ Lo ND ~ D c OP i ~ RC RC O~ D C R RG RC RC c•e • see tss• r..t ~ /S O/S O/5 OP -re.i 6.s. m.p ..r~ ~ p~sbr D.koto County L.nd Svvey D.p.rtm.R .Iris 2003. 2 iotiq 6A.rnrtion m.intafn.d byCity iuri c City of agan THIS MAP IS INTENDED FOR RI~ERENCE USE ONLY `'~"~"'~~~~~ n~±velonment Ot'pafdt7Bnt T~ nr., nF Eaean and Dakota County do not guarantee the accuracy of this information. N W~ E S r (~ g W < ~ £ ~ E.. I a i ~ ~b E W d I iZ ..B ~ h- s~ r 1 ~ s is ~i;~~;~~`t~si~ ~' ~ ~ ;~ ¢I d .i~ `~~%Y~E se i € ~ ~~ B-s #~ ~g ~ r ss .g js ~e ~ ~: on s _ sB ~_~ ~ ~ a5 ~~ f~ ~~~''s,~ ' ~ ~~or d „~ ~ yy~a ~ V ~+ ~ j ~~ 'O . ! 4 _ . .. i ~ _ -i /s ~~d q ~ ~ d f= b :~ Imo; -~ ~~s ~ ~ ~ ~- ~ Ei~~3k ~ ~ ~~:$~~~~ ~Y i ~y i~ I F~ • ~ ~ ° _ ~~~~Ea~~ ~ _ ,~ I 1 I I { ~ ~ ~~;~. big I ~ . i ~ + II~ l ' .B=I i ~t~. +' W x ti.F~ -. ~ . ~~ ~ ~ ,~ ``i `,5 .. i I ~ ~ i . ~r !~ i t ~6^ I ~ .I I . ` ~~ ~ _~ ~ ~ ~ ` Jam: ~' .~'j~r ~'~' - I = ~ _ 4~ ~e ''.rte. ~ iw~. d ~d ~' i. '• - '• ^,~ ~-'~ _. >~~ ~.~%^` gR121_ a Lr'".. ~~!~ ; _;~~_ ~.. .•~... .. rte- ,~ ~ +- I, ~~-~'_ - , _ ~~ , n~J SITE PLAN - :F' ;~= ~ ` ~!' ~_ >E :~~i` U ~ i 1,11} :~ - i ~ ~ ~ i .r~~~ ._ ~~ ~~~ ~~ ~~ ~~~ { ~ ~ ~~ 5 i ~ ~' q c g3 '1 ~ ~ ~ c S -~ ~` _ ~ t i K9 f ~ .. u ed i~ 9 ~~ 1 ~ c 6 ~~', y 3 s ~ , I 1 ex 7 ~ //J// y' ~ s tS ~' I ~ ~ `~ ~ y .L = pp 2 ~ ~ p ~ s F~ ~D 3 ~~ ~ ~ ~ ~ i ~ ' ~ O ;~ , ~ ~ O __ •t~' . "a i ~/ ~, r_; ~~~l~C '/ ; ~` t~ ~yi ~, n cJ ! ~ ~ ~ ' 'L:%' '~~ /: ~ ~:! '~ 0 0 r, ~;. °o ",, f _t ~ o '~-' -~ ,~ I ~ ~ I o • •~~ ~ ~.. ;~ .~~~ ~ o ~ ! ~•~•. ~._ ~~ PROPOSED LANDSCAPE PLAN N 33333 ~I i~32~3~2~~ ;~ V N r • J ~ ~ ~ a '~ ~ ~ 7 i i ~ ~ ' Sz v i F ~ ; 'J •~ L •T ~` K J~ S 7 ~ ?iz. c i ~• ~ a~V~ ~ Yj + 6 ~ s o si x. ~ ~ ~ + (S~ 2~~35 3~ ss e4 ~ ~~ ~ ~ h ~.' ~I Z 3 ~ , : k1` ~~'' g ~ F 3 ;~ .~~~~xx~`~ ,S ~ v •$~3o~_I i* V E 6h~~c3~~zi~'~~."i ~a Q f ~ - 1C ti_r•n NN~'L 12'~J17 ~ Z V ~~9'i!~i~~~•~.a~~~~n~~,~ Rs ._W.~ . ~.,~ .m ua w... .ry rn iLLI~OM 1mO+ll .~ ~... ,.-, +. ~..a.., ~., W L U ~j ~ ~ ~ N I + J x r I ~i U N W i It ~ J LLJ p ~ + f J 2 F I + ~I ~~~,' U r N Q O 1 ~ J ~ ~ ~ma 1 , j .1 ~,! 4. UJ ~~ ° 1 I ~ .+1,. _~ ~~ + ~ 1~! ~~ ~.. ~ ~ I Lam? o ~ } .~ ~ i ~'' - - - ~ d ~~ :~ - ~' - 'x ~ ~i 4i i` - z~i r ` -i - P - ~e ' ~ k k. .~ .. ,~- ~ . ti b - Y.4 y ~ ~ W ~ SSS _~ 7 e O a ~~ ~ ~ C i C « ~ ~ ~ ~ ~~ ¢ ~ ~ J _ ` ~ u e ~~ ~ ° ~ L 6 6~ ~ ~uA ~ ° ~ ~ ° ~ i - y Yi 3° ~ n B ~ F yC zJ Q J S f d 4 u F O u r ~m ~= ,, __ ~= ~ ~ 67 0 W m n x N h W U X N S u K Q W ~ ~ 1 O° Z n1 ~! \_ z¢ ~-] d U zi _ ~_ - - 0.~ - J ~ + ^' t ~ ~ ~ , ~ i ~~~' ~ ` ' ~ + i 1~~";' ~ i 1,, + 1 + i r' ~ ~- t i ~.... ~ + ~i'' I~ r..~ A + ij + + ~ _ _ ~ j~ ORIGfNAL LANDSCAPE PLAN June 18, 2003 We are requesting two amendments to the Development Agreement: FIRST: ENCROACHMENT OF MAINTENANCE BUILDING INTO EASEMENT AREA The Eagan Hotel Group, LLC purchased 4510 Erin Drive (The SIeep Inn Hotel) on October 1, 2003. It was our understanding when we purchased the property that the previous owner in their development built a dumpster enclosure with a 6'x 12'enclosed building that is attached to the dumpster enclosure and it is encroaching into the City easement area (Please refer to survey showing encroachment of maintenance building into the easement area on the Northeast side of the Property). In discussions with John Gorden of the City it is our understanding that the structure is not over the water line or neaz the water line so it is not as likely that it will be an issue for maintenance purposes. Accordingly, we would like to resolve this issue with the City by amending the Agreement to provide that the City of Eagan will permit the owner to leave the maintenance building that encroaches into the easement area; provided, however, in the event that the building ever becomes an obstacle for the City when and if the City ever has to undertake work in the easement area that the Owner will hold the city harmless from any damage to the building resulting from the City's maintenance of the easement area, and in the event the maintenance building is otherwise damaged or destroyed then owner shall cause the replacement maintenance building/trash enclosure to be located outside of the easement area. SECOND: AMENDMENT TO LANDSCAPE PLAN We are requesting that the Development Agreement be amended to replace the original approved Iandscape plan (that was never complied with or completed by the original developer) to a more updated and more suitable plan for which we have included landscape plans detailing what is to be done. It is our belief that this landscape plan is made up of more hardy plants and a more pleasant landscape appeal than what has been proposed in the past. Accordingly, if the revised landscape plan is acceptable to the City we'd request that it replace in its entirety the original landscape plan. We appreciate your consideration of these two requests and recognition that as new owners we look forward to resolving issues not addressed by the previous developer for the benef t of this property, the City and the surrounding property owners. We thank you in advance for your consideration of this request. Please find enclosed an application for a planned development amendment with all the items required on the submittal checklist. 3041296v1 APPLICANT'S NARRATIVE - - ~~~ ~, _ `_ _ a`~.=~- , r-. jy; ~'~~ C 1. ~\~w \ r ~_ ~• t-' ! -- ~.. ~ ~ ~ ~ ' ' ~~ .;, ~ ~ C ~ ~` V ~_ l,~ } - `' ,` ~.~ ati ~~ ' I J .'`~'' r { `~; ~. `~ , ~; i r r• Q 4''r .,'. ~ •. ii. y ~~. ~.9 [. Y r _ Tif~~ ~ t .. ~ '~.~. .. y y~ y it ~'~ . ... ~: - -. - a..~j ~; ~ ~ r • -- ~r i i 1 } r ~ . -..:.~ ~.:. ~ t ' -1 'f r H: .~ • R 4 ~v~ ~ ~ ~ - ., ~ .-..w e2 ` $3~ ~.,v ~ __ :_ z ~. . ~•' ry L ~- tt. ~ ~ . f ~' r;: *.a~. ~~+~ _ ~J >._ . ~ ' ~,~ r ' _ p. ~' .. •, a 3a ~' ~z . r - +. ~ '..~' r •s~ ~~ _ ;~~c -a ~ ~ _: , ~~ t r + ~~ ~.~fy Lk ~ ~ fit ?'.~+'.. r~ : ( wa - M.. . - - rt 14 .~ ~~ ~w` .. ~ ~ ~, 1. w ~''s n . "r~'~a ~ ~a~~ ~~ ~ ,..; ~~~ i r vy r r. 3 ~~~= .f ~ ' . x ~ .`~~. Agenda Information Memo August 19, 2003, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. ACTION TO BE CONSIDERED: To continue consideration to the September 2, 2003, Council meeting of a Planned Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of I-35E in the NE'/a of Section 10. FACTS: • The applicant has requested that this item be continued to the September 2, 2003 City Council consideration to allow them time to revise the plans to satisfy conditions recommended by the Advisory Planning Commission. • This item was initially continued from the August 2, 2003 Council meeting, and the applicant has found that more time is necessary to revise the plans. 60-DAY STATUS: The applicant has extended the origina160-day timeline by another 30 days, resulting in a deadline of October 5, 2003. ATTACHMENTS (1): Letter from D.E. Winter & Associates, Inc., page ~i D.E. WINTER & ASSOCIATES, INC. Commercial Real Estate Services 3109 West 50th Street, #206 Minneapolis, MN 55410 Phone (612) 868-4807 Fax (952) 924-1051 Darcywin@aol.com August 8, 2003 Mr. Mike Ridley Ms. Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 By Fax: 651-675-5012 Followed By Mail Re: 10-PA-10-06-03 Dear Mr. Ridley and Ms. Dudziak, This letter is a request for a continuance to appear in front of the City Council. I write to request a postponement and to request that we be allowed to appear at the first City Council meeting in September to review the proposal. If you would please inform me of that date I would be most appreciative. Along with this request comes a 30 day extension to the 60-day Agency Action Deadline. It is my understanding that this request has been granted and Paul Lo of CEI will be providing to you revised plans next week, which will deal with the green space issue. If I can be of any service to you, now or in the future, please do not hesitate to contact me. Cordially, D.E. Winter & Associates, Inc. J Darcy E. Winter DEW/mjw cc: Paul Lo D ~~~~~~~~~ r'~~ AUG 1 1 2603 Y Agenda Information Memo August 19, 2003 Eagan City Council Meeting C. INTERIM USE PERMIT -DUKE REALTY CORP. (1245 TRAPP RD.) ACTION TO BE CONSIDERED: To approve (OR to deny) an Interim Use Permit to allow additional outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road, subject to the conditions listed in the draft APC minutes. FACTS: • In 1998, a Conditional Use Permit was issued for the subject lot to store four 28 foot straight trucks at a specified location in the rear parking lot. • A request to amend the Conditional Use Permit was heard by the City Council on June 3, 2003 for storage of four (4) additional 28 foot straight trucks and five (5) 53 foot tractor/trailers at the subject site creating a total of thirteen (13) trucks/trailers. City Council members suggested an Interim Use Permit maybe better suited for this property. • The Interim Use Permit application has increased the storage request to include six (6) additiona128-foot straight trucks and twenty five (25) 53-foot tractor/trailers for a total of thirty five (35) trucks/trailers. • The Advisory Planning Commission held a public hearing on July 22, 2003 and recommended approval of an Interim Use Permit with a five yeaz term (rather than the requested ten years) subject to conditions as stated in the attached APC draft minutes. • This item was originally scheduled to be heard at the August 4, 2003 City Council meeting. The item was continued to the August 19, 2003 scheduled City Council meeting and the 60-day action deadline extended two weeks at the request of the applicant. 60 DAY AGENCY ACTION DEADLINE: • Deadline is September 6, 2003 ATTACHMENTS: (2) • July 22, 2003 APC Draft Minutes, page • Staff report, pages ~~ through„~. 73 City of Eagan Advisory Planning Commission Meeting Minutes July 22, 2003 Page 8 D. INTERIM USE PERMIT -DUKE REALTY CORPORATION An Interim Use Permit to allow temporary outdoor storage on Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE '/< of Section 3. Senior Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 14, 2003. He noted the background and history. Applicant's representative Bob Smith stated the City Council felt an Interim Use Permit would be a better solution in the previous application. He stated anticipation that some tenants will vacate the property when their leases are expired. He stated they are looking at 25 long bed trucks and almost the same amount of short bed trucks to be on the property. Member Bendt asked if the two semi trailers would be parallel parked. Mr. Smith stated the parking is angled and will be re-striped. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Senior Planner Ridley stated, generally, an Interim Use Permit is for a term of two to four years, and six to eight years in rare occasions. Member Gladhill recommended that the term of the Interim Use Permit be reduced and reviewed annually for compliance. Chair Heyl asked if there was a way to insure that the landscaping was completed. She asked what a typical lease period is. Senior Planner Ridley suggested adding to condition number six so the landscaping is completed within one year from now. Mr. Smith stated his tenants are willing to sign a minimum of a seven-year lease. He stated the landscaping would most likely be installed this fall or in the spring of 2004. Member Gladhill moved, Member seconded a motion to approve an Interim Use Permit to allow temporary outdoor storage on Lots 1 and 2, Block 1, Eagandale Center Industrial Park No. 12, located at 1245 Trapp Road in the NE '/< of Section 3 subject to the following conditions as amended: 1. 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. 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on revised site plans dated June 20, 2003. ~y City of Eagan Advisory Plaruung Commission Meeting Minutes July 22, 2003 Page 9 3. The north parking lot shall be restriped to accommodate the angled parking of twenty five (25) 53 foot tractor/trailers at the location shown on the revised site plan dated June 20, 2003. 4. Outdoor storage of tractor/trailers may only use required off-street parking spaces if the tenant parking needs are met by existing off-street parking spaces at the north side of the subject lot 5. All trailers must be stored in an orderly fashion. 6. Additional coniferous landscape material shall be added between the storage area and 1-494 to more adequately screen the designated storage location to be completed by October 15, 2003. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The Interim Use Permit shall expire on August 4, 2008. 9. Interim Use Pem~it will be subject to annual review for compliance. All voted in favor. ~s PLANNING REPORT CITY OF EAGAN REPORT DATE: July 14, 2003 APPLICANT: Duke Realty Corporation CASE: 03-IN-04-03-03 HEARING DATE: July 22, 2003 PROPERTY OWNER: Duke Realty Corporation APPLICATION DATE: June 24, 2003 REQUEST: Interim Use Permit PREPARED BY: Erik Slettedahl LOCATION: 1245 Trapp Road Lots 1 and 2, Block 1 Eagandale Industrial Park No. 12 COMPREHENSIVE PLAN: Il~1D-Limited Industrial ZONING: I-1-Limited Industrial SUMMARY OF REQUEST Duke Realty Corporation is requesting an Interim Use Permit to allow additional outdoor truck and tractor/trailer storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Pazk No. 12 at 1245 Trapp Road fora 10-year term. 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 and performance standazds of the zoning regulations herein; B. The date or event that will terminate the use can be identified with certainty; 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 76 Planning Report-Duke Realty CUP Amendment ]uly 14, 2002 Page 2 of 7 E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall ,recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended chazacter of the general vicinity and will not change the essential character of that azea, 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, glaze or odors. F. Will have vehiculaz ingress and egress to the property which does not create traffic congestion or interfere with traff c on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guazantees as it may deem necessary as proof that the conditions stipulated in connection therewith aze being and will be complied with. ~~ Planning Report-Duke Realty CUP Amendment July 14, 2002 Page 3 of 7 BACKGROUND/HISTORY The existing 180,400 square foot facility was constructed in 199? and consists of approximately 90% wazehouse space. In 1998, Air Plus Limited was granted approval of a Conditional Use Permit at the subject site to store four (4) 28 foot straight trucks at a specified location in the north parking lot at the back of the building and the use of seven (7) of its dock doors for overnight storage of 53' tractor/trailers. On February 20, 2003, a site inspection of the property revealed truck and trailer storage in excess of that allowed by the existing Conditional Use Permit. On March 4, 2003, a Code Enforcement violation letter was sent to Duke Realty requiring the property be brought into compliance with the existing Conditional Use Permit. City Staff has agreed not to pursue further enforcement of existing zoning violations until after a request for additional outdoor storage is processed. On May 27, a public hearing was held at the regularly scheduled Advisory Planning Commission meeting regarding an Amendment to the Existing Conditional Use Permit requesting outdoor storage of five (5) 53' tractor/trailers and four (4) additiona128' straight trucks. The Advisory Planning Commission recommended approval of the request with conditions. On June 3, 2003, the request for additional outdoor storage was heard before the Eagan City Council. The Eagan City Council discussed the application and suggested that an Interim Use Permit may be better suited for this property. The application was continued for 30 days by the request of the applicant to allow time for him to proceed with an Interim Use Permit. The applicant has since withdrawn his Conditional Use Permit application and applied for an Interim Use Permit. EXISTING CONDITIONS Although the amount of truck and trailer storage appears to vary, the February inspection revealed 16 trailers parked along the north and northeast corners of the reaz parking azea and four semi tractors parked along the east side of the property. Air Plus has grown to now occupy half of the existing facility and appears to fully use a1121 loading docks for loading and additional trailer storage. 78 Planning Report-Duke Realty CUP Amendment July 14, 2002 Page 4 of 7 A more recent inspection of the property revealed significantly reduced storage. However, the storage was not in compliance with the existing Conditional Use Permit or proposed request. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Interstate 494 South - Air Plus additional facility, Bird and Cronin; Zoned I-1, Guided IND East - Ergotron; Zoned I-1, Guided 1ND West - Vendmazk; Zoned I-1, Guided IND EVALUATION OF REQUEST Compatibility with Surrounding Area -The subject site is surrounded on three sides by Industrial uses. The rear of the property abuts I-494 and is visible from passing traffic. The site is within the I-494 Visual Impact Zone as described in the 1997 Trucking Study which does recommend limited use of truck parking and outdoor storage within these corridors. Interim Use -The purpose of an Interim Use Permit is to allow a reasonable use of the property on a temporary basis that is not specifically permitted in a zoning district. Although outdoor storage is allowed as a conditional use within the I-1 Zoning District, an Interim Use Pem~it, in this case, would place a term limit on the outdoor storage use. In addition, City Code requires the proposed interim use to meet code standards for conditional uses. The applicant has stated that existing building tenant leases are coming due this summer and that other tenants in addition to Air Plus will be requesting outdoor truck storage. Atypical lease term for the tenants is ten years. Therefore, the applicant is requesting aten-year term for the proposed Interim Use Permit to accommodate the present and future needs of the building tenants. The suitability of a ten year term is a policy matter to be determined by City officials. Site Plan -The applicant has stated that, after review of all current tenant leases, further outdoor storage is desired. Therefore, additional storage is requested from the recent Conditional Use Permit application. The applicant is proposing storage of six (6) additiona128 foot straight trucks and twenty five (25) 53 foot tractor/trailers stored within the center area of the reaz parking lot creating a total of thirty five (35) trucks/trailers allowed in this azea. Staff does not consider trailer parking at existing dock doors to be outdoor storage, therefore, the reference to additional tractorltrailer storage at dock doors should be eliminated from the request. However, no additional parking of trailers, other than within approved storage azeas, may occur along the building away from dock doors or in the north, east, and southeast azeas of the parking Iot and drive aisles. ~9 Planning Report-Duke Realty CUP Amendment July 14, 2002 Page 5 of 7 Outdoor Storage -City Code requires an interim use to meet standards governing Conditional Use Permits as stated in the zoning regulations. The ordinance standards for outside storage are outlined below. 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. The proposed storage azea will not be enclosed, however, due to the continual vehiculaz movement and height and location of the storage trailers, enclosures appear to be unnecessary. 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. The proposed storage area is located in the reaz pazking azea and meets parking setbacks. 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 proposed storage azea is not visible from Trapp Road but is viewable from I-494. Staff is suggesting additional coniferous landscaping adjacent to the proposed storage azea to provide more adequate screening. The applicant has suggested planting 10-12 six-foot tall pines to assist with screening. 4. The storage area shall not interfere with any pedestrian or vehicular movement. Although vehicle movement at the reaz of the building is limited to mainly truck traffic, outdoor storage is proposed neaz the center of the rear parking area where vehicle movement will be minimal. Pazking of 53 foot trailers along the reaz parking azea requires the trailers be angled to allow for better drive aisle access and movement. As such, the applicant shall be required to restripe the pazking lot to indicate the precise location of the additional twenty five (25) 53 foot tractor/trailers. 5. The storage area shall not take up required parking spaces or landscaping areas. Although the storage area is located within the rear parking lot, the existing tenants have not needed the rear pazking azea for employee parking. However, the applicant should meet the pazking needs of the existing and future tenants as a condition of approval. 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 areas proposed for vehicle storage aze paved and no new grading is proposed. Landscaping -The site was landscaped with the construction of the existing building in 1997. The north parking area is partially screened by small crabapples and spruce trees from I-494. However, the existing outdoor storage is noticeable from I-494 as the height of the existing 8d Planning Report-Duke Realty CUP Amendment July 14, 2002 Page 6 of 7 trailers surpasses most of the existing landscape materials. Staff suggests additional coniferous landscape materials to enhance what is existing and, over time, provide an effective natural screen from I-494. SUMMARY/CONCLUSION Duke Realty Corporation is requesting an Interim Use Permit to allow additional outdoor storage at 1245 Trapp Road to accommodate increased outdoor storage needs of the Air Plus distribution operation and existing and future tenants. The request, if approved, would allow a total of twenty five (25) 53 foot tractor/trailers and ten (10) 28 foot straight trucks at a specified location at the back curb of the north parking lot. This is an increase of truck storage from the Conditional Use Permit issued in 1998. The Applicant is requesting aten-year term of the Interim Use Permit. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow additional outdoor tractor trailer storage on Lots 1 and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road. If approved the following conditions shall apply: 1. 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. 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on revised site plans dated June 20, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of twenty five (25) 53 foot tractor/trailers at the location shown on the revised site plan dated June 20, 2003. 4. Outdoor storage of tractor/trailers may only use required off-street pazking spaces if the tenant parking needs are met by existing off-street parking spaces at the north side of the subject lot 5. All trailers must be stored in an orderly fashion. 6. Additional coniferous landscape material shall be added between the storage azea and I- 494 to more adequately screen the designated storage location. 8Y View from I-494 (photo courtesy of Duke Realty) Planning Report-Duke Realty CUP Amendment July 14, 2002 Page 7 of 7 7. All pazking and storage areas shall be properly maintained to prevent deterioration. 8. The Interim Use Permit shall expire on August 4, 2013. Sa- Location Map Development/Devetoper: Duke Realty Corp. Application: Interim Use Perm' Case No.: 03-1 N-0406-03 Map Prepared using ERSI AreYew 1.7. Panel base map da4 provided f/ by Dakota Counly Ortia of GIS and kt current ac of June 2003. Cit OF eCI QIl f TNtS MAP IS INTENDED FOR REFERENCE USE ONLY V g Tha City of Eagan and Dakota County do not guarorttee the accuracy of this irdormation and aro Gorarnrrraty Devaop.asrt oepartn.r.t no! rosponsiblo for errors or ornicsionao. Esgan Boundary Street CelltartiM Pveal Aroa Building FootprirR N W~ E S 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Duke Realty Corp. Land Use Map Case No. 103-IN-0403-03 Zoning Map Current Zoning: 1.1 Limited industrial f00 O 600 1200 FNt Comprehensive Guide Plan Land Use Map Current Land Use Designation: IND Limited Industrial IND IND IND 600 O 600 7200 FMt IND , =o' I ~'_. T~ r.FeN b... ~nq ~ a oo.nq• L6na swq wp.nm.K ~~... zool N `~..,.._., nw~Maln.a sycigr sr,R Ci of Ea an ~ ~ W E tY 9 THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Devefopmerrt DeparYmerK Tha qty of Eagan and Dakota Goa~ty do not guaraFHee the aee~raey of this infonnat5on. S it r.. •im - ~ ita msuw ...,, -~ 1 l ° i ~ e : ~ Z -- Q - J CL ~- W -:. F- C~ 0 W (n ~.. /W LJ~ ~g E- z~- . _ d i a ~Q +~.~ F z Y O 0 J Z 0 F V W H F . 4 J' H a ~: Q -- - e ® ~ ~~/ ® - ~~. ~ `I .r- ~~ ~' ;~ ! ~ ~~ V ~ :•w~:•:•:•:•:•:•:•: J :~~ m ~ ~ r ® C. 1S J ~ .~[~.:.,.,. tl ~ ~ ''R':'~'•':''~'~';:''~:'''';'': •: y ~~: ~ K 4 KY ~~ :~~ E ~ s ~ ® :~. as ~ ~ ~ r 1W- O ® ~ > ~ ~: ® ® ,~. , . ~~ ;~: ~ ~ o "°" :::°:°:... ~ i --- -. ~,~- Agenda Information Memo August 19, 2003, Eagan City Council Meeting D. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDVISION (MARCELLA WOODS) -BRIAN OLSON ACTIONS TO BE CONSIDERED: To implement a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.4 acres of land located at 4880 Pilot Knob Road in the SW '/4 of Section 34. To approve (OR deny) a Rezoning from A, Agriculture to R-1, Residential Single district for 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW '/4 of Section 34. To approve (OR deny) a Preliminary Subdivision (Marcella Woods)to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW '/4 of Section 34; subject to the conditions listed in the May 27, 2003 Advisory Planning Commission minutes. FACTS: • The application was before the City Council on June 17, 2003 and continued to July 1, 2003. • In July the City Council directed staff to submit the amendment to the Met Council for review and approval. • The Met Council has waived further review and the City may place this amendment into effect. • The lots now range in size from 13,006 square feet to 24,379 square feet. • Park and recreation staff met with the applicant onsite, staff was satisfied that a combination of new plantings and existing trees will provide a satisfactory screening. Staff will work with the developer to stake locations that need plantings. • The Advisory Planning Commission held a public hearing on May 27, 2003, and is recommending approval; subject to the conditions in the APC minutes. ISSUES: • The Met Council provided advisory comment that the City apply "Low Impact Development" techniques on all new developments within the park watershed to help reduce the volume of storm water runoff entering the park. 60 DAY AGENCY ACTION DEADLINE • A waiver has been signed 86 ATTACHMENTS (3): Waiver letter from Met Council page $~through~ August 5, 2003 Preliminary Plat and Site Plan, page May 27, 2003 Advisory Planning Commission meeting minutes pages~"~ B7 08/13/03 13:28 F.~C 681 602 1674 3fETR0 COC~CIL f~j002 Metropolitan Council Building communities that tuosk August 12, 2003 tiiichael Ridley, Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55 i 22 RE: Ciry of Eagan, Marcella Woods -Waiver l~ietropolitan Council Review File No. 18274-14 Dear lbir. Ridley: The l~ietropoIitan Council received the City's Marcella Woods comprehensive plan amendment on July 17, 2003. The amendment proposes to change the land use designation for 6.4 acres located off Pilot Knob Road and adjacent to the Lebanon Hills Regional Park from "Park" to "Low Density Residential," to permit a 151ot single family subdivision. On July 31, 2003, Metropolitan Council staff concluded that the plan amendment was incomplete and requested additional water resources management information. On August 8, 2003, Council staff met with City staff and Dakota County Parks to discuss the proposed project. At its tiiay 24, 2000 regular meeting, the governing body of the Council identified certain types of local comprehensive plan amendments that may be reviewed by Council staff without further formal review by the governing body of the Council. Council staff applied the plan review waiver criteria established by the Council's governing body and finds that the amendment is in conformance with metropolitan system plans, consistent with the Regiona181ueprint, and has no impact on the plans of other units of local government. Therefore, the Council will waive farther . review and the City may place this amendment into effect. However, staff offers the following advisory comment. StorrIl water runoff from the eastern portion of the development site is proposed to be routed to a storm water treatment basin in the southeast corner of the site, which will discharge to the north, into City Watershed B. Storm water from the remainder of the site is proposed to be directed without pre-treatment to the west and south along Pilot Knob Road into Lebanon Hills Regional Park. The pazk has experienced several significant flooding events in recent years and has requested the City apply `Low Impact Development' (LID) techniques on all new developments within the park watershed to help reduce the volume of storm water runoff entering the park. The Council recognizes that the integrity of the regional park system can be threatened by actions taken either within a pazk, or activities outside but in close proximity to a pazk. Council staff met with City and Dakota County staffs to determine what measures could reasonably be taken to lessen potential impacts from this proposed project. u ww~v.me[rocouncil.org Metro Info Line 602-181 nnn c,-. cipti Street • SL Paul, Minnesota 55 14 1-1 626 • (651j 60'1-1000 • Fax 602-1550 • TI'Y 291-0904 08/13/03 13:26 F.~Y 851 60.2 1674 ~IE1'RO COUNCIL I~]003 Mike Ridley August 12, 2003 Page 2 City staff has begun work with the developer to make revisions in the project to max;m;7e the portion of the site whose runoff will be directed away from the park and incorporate LID techniques to minimize the amount of runoff that will be directed via impervious surfaces, to the storm sewer system which flows into the park These . improvements will reduce the project's impact on the Lebanon Hills Regional Pazk. The amendment, e.cpianatory materials supplied and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review, please contact Michael King, Sector Representative /Principal Reviewer, at 651-602-1438. Sincerely, Phylils Hanson,'~fanager Planning and Technical Assistance ce: Council Member Tom Egan Michael King, Sector Representative /Principal Reviewer Cheryl Olsen, Referrals Coordinator Solveig Berg, GIS, w/ map attachments V:~REVIEWS1Commimities~EaganlLettea~Eagan2003CPAMarcella Woods 18274-1 Waivcr.doc 89 8 if 8 ~ a- $ ~. ~.' ~' r.c-. s..~ 'n.... {._ ~il.r ees >w ~ a ~ $ ~ s i $ ~ 3 9 ~ 3 Q ~ O lil I \~ U O, K ` rn~01 F , \~~ I ~ ~ ~. g: z ~ I - ~ ' _ m I J In 5 i ~ ~ ~ ~ w r ~.~.~;- a =----~-- ~ \ a j t 66s ~ ~ gS ~ a C~ ~ ! '~ ~? '~ R Q E Q 2? S d S VI ~ ~ ~ O F- C] k n ~ a ~ (] a 3 •~ Q J ~~ W CJ ~ .p ~ i E~ N E~E ' ~~ :_' S F _ _~ ~ ] F IA ~ ~~ Q _ n ~ m r o= - ~ -~ _~ a i~_ :~ Z ~ ii W s ~ s ~ • -~ ~ e ~~ „ I 4!i~j t • ~ Fz3 i _ 3e ° A s v TTT 6 h __._._._. ~ Q ~~ ~ <W _~_.i .{~ 8 55{65 ~' 4 <~ ~b I ~~ip[6 ~ M t~ ~~ 4-j °~:a8 ~' 8 ~ < i ~~e~~ l ~ IJ ._ ~~ F_ s ...." - ------ LIJ n osc ~ u' 6 << , ~.~..,.o>n, I I << ~~ ~ :~ I,,~ I~I~I ~ ~~ :~ I I ~~ ~ ~e~ ~~ ti a s F •~_ j I ~I~ I .~t ~ i I << I ~~; ~ t~. ~'~ o t31 a I Fay = t ~--f-----~--J ~--- ~~~ g ~ pit I ~- 5g ~ € ~ j nvn~l I i-~nnl"~ ir~-~I .; ~ L~ •nnl •tJ' ~'V'~ / t~ a ~~ ~~t i •\ •v V v4 ~ ~ vI V?I v uC~, vl v ~ F n tt i• °K S ~: , - 5~ it ~x i ~ I g~l ------ ttl~--------------- ------------------- ~ ! :ap. :6~! 90 City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 Page 12 H. COMP. GUIDE PLAN AMENDMENT REZONING >~ PRELIMINARY SUBDIVISION - MARCELLA WOODS PARTNERSHIP A Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density, a Rezoning from Agriculture to R-1 (Single Family Residential) and a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW'/. of Section 34. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated May 15, 2003. She noted the background and history. Applicant Brian Olson stated the Staff report is acceptable. He asked about condition number three, in regard to Outlot A. He wanted to know why the Outlot should become part of Lot 9 and an easement rather than Outlot A for trail dedication. He also asked if the trail easement in between Lots 7 and 8 could be eliminated. Chair Huusko opened the public hearing. Neighboring property owner, Tom Getsey stated he was told by the original developer that the property would not be developed. He asked that the Advisory Planning Commission be aware of all impacts of the subdivision. He stated concern regarding traffic related to the soccer fields. He asked that the City provide more information to the neighboring residents. There being no further public comment, Chair Huusko closed the public hearing and turned the discussion back to the Commission. Member Heyl recommended that condition number 12 state "unapproved and unmarked trail." Member Giadhill stated his support for the Comprehensive Guide Plan Amendment and Rezoning. He stated concern with changing from parkland to residential and stated preference to low density residential zoning. Member Bendt stated concerns with the difficulty of changing land use designations from Park to residential. Planner Ridley stated that the Land Use Designation of Park was a mistake by the City when they printed the maps. That neither the City nor County Park Departments had interest in the site for park purposes and that there is no record of an official Land Use Designation change to Park, except by a mapping change. Member Heyl moved, Member Bendt seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to amend the use of approximately 6.5 acres from P-Park to LD-Low Density located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/4 of Section 34. Motion carried 7-0. Member Heyl moved, Member Miller seconded a motion to recommend approval of a Rezoning from Agriculture to R-1 (Single Family Residential) located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW Ya of Section 34. ~~ City of Eagan Advisory Planning Commission Meeting Minutes 1~lay 27, 2003 Page 13 Motion carried 7-0. Member Heyl moved, Member Miller seconded a motion to recommend approval of a Preliminary Subdivision (Marcella Woods) to create 15 lots, located on the east side of Pilot Knob Road just north of Chapel Hill Church in the SW '/< of Section 34 subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al B1, 2, 3, 4, C1, 2, 3, D1, and E1. 2. The property shall be platted. 3. Outlot A should be reconfigured into Lot 9 and have an easement established for the trail connection in a form acceptable to the City Attorney. 4. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 5. Upon Final Subdivision a revised Tree Mitigation Plan that reflects that mitigation trees are not placed within 9~tJe~,4 the trail easement, or within 15 feet of utility easement areas. 6. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 8. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 9. The developer shall be responsible for obtaining the necessary public easements to allow for construction and future maintenance of the storm water pond on Lot 1, Block 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trails dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the dedisatien grant of "et~t4s~A" frail easement. /~ City of Eagan Advisory Planning Commission Meeting Minutes May 27, 2003 Page 14 12. An unapproved and unmarked trail connection between Lots 7 and 8 where the proposed drainage and utility easement is located shall be provided. The dedication will be in the form of easement established for the trail connection in a form acceptable to the City Attorney. 13. This development should meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 14. The storm water pond should be constructed to treat 2.7 acres of the site area. It should have a minimum wet-pond volume of 0.25 acre-feet and should have a minimum area of 0.16 acres. The storm water treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench. 15. In lieu of ponding to treat storm water from 3.8 acres of the site, a cash dedication should be required. 16. All existing structures shall be removed upon development. Motion carried 7-0. 93 Agenda Information Memo August 19, 2003, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (WENTWORTH PARK AND PLANNED DEVELOPMENT AMENDMENT -GENERATION 2 ACTIONS TO BE CONSIDERED: To approve (OR deny) a Preliminary Subdivision (Wentworth Park) to create eight lots on 2.82 acres on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road; subject to the conditions in the Advisory Planning Commission minutes. To approve (OR deny) a Planned Development Amendment for seven "town offices" on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • In 2002, Davern Inc. requested approval of a Preliminary Planned Development for 8 town offices and a Preliminary Subdivision to create nine lots. The APC recommended denial based on tree removal and density. The applicant withdrew the application before it was presented to the City Council. • The site is currently vacant, significant trees cover the property, and a Type 2 wetland extends north and south along the west property abutting Slater Road. • The seven town offices will be housed in units that have similar appearance as attached town homes. Building materials include brick and fiber cement siding. • The applicant proposes to remove 56.2% of total significant trees, the Tree Preservation Ordinance allowable tree removal is 47.5%. A tree mitigation plan is required. • The Advisory Planning Commission held a public hearing on July 22, 2003, and is recommending approval of the Preliminary Subdivision and the Planned Development Amendment; subject to the conditions in the APC minutes. ISSUES: • The proposed trash enclosure is detached • The parking setback from Cedar Avenue deviates 10 feet from the standard 20 foot requirement; however, it is consistent with the property to the north. • The parking stalls in the center of the parking lot are proposed to measure 9'x20', the stalls around the perimeter of the site are proposed to measure 9'x18.5'. The zoning ordinance requires stalls to be 10'x19'. 9~ 60 Day Agency Action Deadline: • A waiver has been signed ATTACHMENTS (2): e Advisory Planning Commission Minutes page(s) ~ " 79 Planning Staff Report pages [p~hrough~Q, 9s City of Eagan Advisory Planning Commission Meeting Minutes ' ~ July 22, 2003 Page 10 E. PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - GENERATION 2 INC. A Preliminary Subdivision (Wentworth Park) of approximately three acres to create eight lots and a Preliminary Planned Development for office buildings, located on Outlot A, Prairie Oaks in the NE '/< of Section 31. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated July 10, 2003. She noted the background and history. Applicant Jeff Sawyer explained the general concerns of the neighborhood being, tree preservation, existing wetlands, and traffic. He explained that his plan would preserve more trees than the previous plans. He explained that there would be seven owners and an association, similar to a residential townhome development. He stated he is hesitant to move any of the windows because the floor plans fit the window designs. He stated they are willing to add more brick to rear elevations. He displayed a picture of the neighboring building's Dumpster and displayed the plan for his detached trash enclosure. Chair Heyl opened the public hearing. Two residents spoke of the following concerns: run off, tree loss, lighting on the property, and reduced amount of tree plantings on the plan. They also stated that while there are few significant trees in the area, the smaller trees make a large difference. Allan Manning, 2159 Warrick Court, was concerned about the trash enclosure location, he thought he would be able to view it from his deck and preferred the enclosure to be located more to the north of the property. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Assistant Engineer John Gorder stated the drainage for the property would go into the wetland on the site. Mr. Sawyer stated the tree count is accurate, when he first discussed the tree count with neighbors the plan reflected a single lot development; however, this is a multi lot development and more tree removal is allowed. He stated he would be purchasing a unit for his own business, so he will be taking pride in the upkeep in the development. He is willing to install a fence to reduce the noise if the City would like. Chair Heyl asked if the trash enclosure could be located on the north side of the development, rather than the south side. Mr. Sawyer stated the grades increase on the north side; therefore a retaining wall would be needed if the enclosure were to be moved to that side. He also addressed attaching the trash enclosure to one of the buildings would require additional tree removal. Sawyer also pointed out that the slopes and the existing trees and proposed landscape should screen the enclosure from the neighbors. ~~ City of Eagan Advisory Planning Commission Meeting Minutes r Jul 22, 2003 ~ ~ ~ _ ~~`"~ ~" y ~ ~ ~ ~. ~~: ~ ~ Page 11 Member Gladhili stated the applicant's preparation for the project was great. He stated opposition to the detached trash enclosure. He stated a noise abatement plan should be submitted in regard to Cedar Avenue. Member Bendt stated opposition to a fence on the property. Member Leeder asked if six parking spaces could be eliminated to add additional green space. Mr. Sawyer showed on the plan where two spaces could be eliminated to create more green space and save the trees that are currently in the space. He also explained that the majority of the tenants would have a cleaning service that would be taking the garbage to the receptacle. Member Bendt moved, Member Steininger seconded a motion to recommend approval of a Preliminary Planned Development for seven "town offices" on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road; subject to the following conditions as amended: The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for Town offices. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan • Noise abatement Plan 4. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material .Such as matching brick from the front. 5. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 6. All light fixtures on poles shall not exceed 20 feet in height. 7. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designations. ~~ City of Eagan Advisory Planning Commission Meeting Minutes , July 22, 2003 ~ ~i Page 12 8. Trash enclosure shalt be moved north and the building materials shall match the principle structures. Chair Heyl stated a detached trash enclosure may be better in this situation. She explained that if the enclosure could be shifted it to the north, the neighbors would be happier. She stated the applicant has done a good job to accommodate the neighbors' concerns. Member Bendt moved, Member Steininger seconded a motion to recommend approval of a Preliminary Subdivision (Wentworth Park) to create 8 lots on 2.82 acres on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 on Slater Road; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, 61, B4, C1, C2, C4, D1 E1 2. The property shall be platted. 3. The applicant shall fulfill required tree preservation mitigation through the installation of thirty-two (32) category B trees (or an equivalent combination of category Aand/or category C trees and/or cash payment). 4. Along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment in to the Critical Root Zone. 5. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of a grading permit to ensure compliance with approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The developer shall not plant large-growth landscaping within the area of the drainage & utility easement. 8. The development is subject to cash park and trail dedication. 9. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Town office Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 10. Lot 8 shall be owned by the Town office Association. No building permit shall be issued for Lot 8. 9~' City of Eagan Advisory Planning Commission Meeting Minutes July 22, 2003 Page 13 11. To the extent practicable, a buffer of natural vegetation outside the boundary of the wetland should be maintained before, during, and after construction. 12. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet structure acceptable to City standards. 13. Afire hydrant shall be installed in a location approved by the Fire Marshall. All voted in favor. 99 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 10, 2003 CASE: 31-PS-10-OS-03 31-PD-10-OS-03 APPLICANT: Generation 2 PROPERTY OWNER: Prairie Slater, LLC HEARING DATE: June 24, 2003 APPLICATION DATE: May 22, 2003 REQUEST: Preliminary Subdivision PREPARED BY: Sheila O'Bryan Planned Development LOCATION: South of Cliff Road between Slater Road and HWY 77 COMPREHENSIVE PLAN: O/S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting Preliminary Planned Development approval for seven "town offices" and a Preliminary Subdivision to create 8 lots on 2.82 acres (Wentworth Park) on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW 1/4 of Section 31. The applicant requested to continue the application for the July 22, 2003 Advisory Planning Commission and August 19, 2003 City Council meeting, in order to revise plans to accommodate an acceptable access to the site. A 60 day waiver has been signed. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. /~ Planning Report -Wentworth Park July 22, 2003 Paee 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Developnnent: Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: /o/ Planning Report -Wentworth Park July 22, 2003 Page 3 (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The subject site was originally part of the Winkler-Jackson Planned Development, approved in 1982. The property was to be developed with LB, Limited Business uses. In 1998, the property was platted as Outlot A, Prairie Oaks. Office buildings occupy Lot 1 and 2 of Prairie Oaks to the north. A 30,000 square foot building was proposed for the site, however, the plans were not approved and it was platted as an outlot due to the proposed amount of tree loss and neighborhood opposition. The development of the site was to be addressed at a later date. In 2002, Davern Inc. requested approval of a Preliminary Planned Development for eight town offices and a Preliminary Subdivision to create nine lots. The Advisory Planning Commission recommended denial based on tree removal and density. The applicant withdrew the application before it was presented to the City Council. EXISTING CONDITIONS The site is currently vacant, and significant trees cover the property. A Type 2 wetland extends north and south along the west property line, which abuts Slater Road. A 30 foot sanitary sewer easement also extends along Slater Road. The parking lot for the office building on the property to the north (Lot 2, Block 1, Prairie Oaks) was extended to the property line to provide access to the subject site. Clearly, the combination of existing woodlands, wetland, and topographic change make this a very challenging site to develop. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North Office PD, Planned Develo ment O/S, Office Service South Single Family Residential PD, Planned Development LD, Low Density 0-4 units/acre /D ~ Planning Report -Wentworth Park July 22, 2003 Page 4 East TH 77/Cedar Ave Ri ht-of-wa Ri t-of-wa West Single Family Residential PD, Planned Development LD, Low Density 0-4 units/aces EVALUATION OF REQUEST I. Preliminary Planned Development Proposal -The applicant proposes to develop the site with seven two level walkout "Town office" units. The offices will be housed in units that have a similar appearance as attached town homes. The units are in a 4-plex and 3-plex formation. According to the applicant's narrative they are proposing "a unique blend of classic architectural elements in a convenient urban setting." Each unit will be individually platted and the remaining land will be managed by aself- governed association, which will oversee the maintenance of the area. Access is proposed to the north of the subject lot via Slater Road. Providing this access slightly encroaches on the existing wetland. Originally the applicant provided access from the property to the north via their parking lot. Public safety staff deemed that access unacceptable and suggested the applicant provide access on the subject lot. The revised access is acceptable to public safety staff as proposed. Compatibility with Surroundin~~Area -The subject site abuts Slater Road and TH 77 (Cedar Avenue). Office uses are located to the north of the property and single family dwellings are located to the west and south. As a result of previous approvals for office uses to the north, and the proposed architecture of the town offices, it appears that office use is compatible with the surrounding area. Architecture/Building Design -The elevation plan indicate the exterior materials of the units include: Fiber Cement siding and brick for exterior elevations and asphalt shingles for the roofing materials. The brick will be red in color, the cement siding will be a sand color and the aluminum soffit and fascia will be white. The front entry to each unit will be defined with a full glass door. The front of the building is established with full brick coverage, while the sides and rear will have the fiber cement siding. The building design and materials portray a residential ambiance. The rear and side elevations lack interest. That is, window and material placement are too symmetrical. Staff recommends that relief be provided by incorporating brick from the front into the rear and side elevations as well as different window placement. Planned Development Zoning -The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not apply. However, the LB (Limited Business) zoning district standards are used as a basis for comparison with this proposal. /03 Planning Report -Wentworth Park July 22, 2003 Page 5 Bulk Standards -Since the original development used LB (Limited Business) as its guide, this proposal is reviewed under the LB zoning district minimum and maximum standards. Although the property is zoned PD, Planned Development. Setbacks - As the table below indicates the proposal meets all of the standard setback requirements except for the 20 foot parking setback from Cedar Avenue; however, the proposal is continuing the same parking setbacks from Cedar Avenue as approved for the property to the north. Setback requirements are not established in a Planned Development zoning. Setback Buildin Parkin Ordinance Pro osed Ordinance Pro osed Front ard: Cedar Avenue 50 feet 100 + feet 20 feet 10 feet Front yard: Slater Road 30 feet 75 + feet 20 feet 140 feet Side ard: north roe line 10 feet 94 feet 5 feet 10 feet Side ard: south roe line 10 feet 45 feet 20 feet 70 feet Building Coverage - A maximum of 20 percent of the lot is allowed to be covered with buildings. The site plan indicates the total building coverage is less than 1 percent. Green Area - A minimum of 30 percent of the site is required to be green area. The proposal will maintain 61 percent green area for the entire site. Building Height -Building height is limited to 30 feet in height. The elevation plans indicate the building height will be 25 feet in height Landscaping -The landscape plan appears adequate for the site. The developer is concerned with preserving as many existing trees as possible. The existing trees provide a base for screening of the parking lot to the south. The landscape plan indicates additional plantings such as Bur Oaks, Black Hills Spruce and Amur Chokecherry trees. A screening base of existing trees is also present along the east and west side of the property, the landscape plan includes additional trees and ornamental plantings to enhance screening. Parking -The site plan indicates 79 stalls are proposed for this development. Eight stalls are shown as proof of parking. The zoning ordinance requires one stall for every 150 square feet of gross net leasble floor area. Thus, this development would require 65 stalls. The stalls in the center of the parking lot are proposed to measure nine feet by 20 feet, the stalls around the perimeter of the site are proposed to measure nine feet by 18.5 feet. The zoning ordinance requires stalls to be 10 feet by 19 feet. Trash Enclosure -The trash enclosure is proposed to be detached from the principle structures. The Zoning Ordinance requires that trash enclosures within commercial zoning districts be attached to the principal building. The applicant indicated it was the most convenient location, most aesthetically pleasing and would not require tree removal, if attached more tree removal ioy Planning Report -Wentworth Park July 22, 2003 Page 6 would be necessary. The plans do not indicate the trash enclosure building materials. The materials are required to match the principle building. Li tin -Alighting plan was not submitted with this application. A detailed lighting plan is required with Final Subdivision and Final Planned Development application. Si a e - Signage is not proposed at this time. All signage is subject to the City of Eagan Sign Ordinance. Mechanical Equipment -The site plan does not indicate the location of mechanical equipment. All such equipment shall be screened from public rights-of--way and properties with a different land use designation. II. Preliminary Subdivision Lots -The applicant proposes to subdivide 2.8 acres into eight lots, seven of which are for offices. Lots 1-7 are proposed to be 32 feet wide by 48 feet deep. Lot 8 is proposed to be the remainder of the site and is to be maintained by the Association. No buildings are proposed for Lot 8. Noise Abatement - A noise abatement plan is required when a plat abuts a freeway, major arterial or other area that generates high volumes of noise. Abatement shall be accomplished by the use of berms, vegetation, walls or combination of the three. Since the site abuts TH 77, a plan should be prepared; however, the landscape plan does not appear to address noise abatement. Grading -The preliminary grading plan is acceptable. The site is heavily wooded and generally slopes to the west toward the existing wetland near Slater Road. Storm Drainage -The preliminary storm drainage plan is acceptable. Storm water runoff from the development will drain to the existing wetland near Slater Road. This wetland will drain via storm sewer to Pond AP-1 OB north of Lot 1, Block 1 Prairie Oaks Addition. The existing wetland is proposed to be expanded in volume on site to accommodate the drainage from the development. Utilities -The preliminary utility plan is acceptable. Sanitary sewer is available for connection along the west edge of the site. Water main is available to the south for connection by the development. Streets/ Access/ Circulation -Public street access is proposed from one location along the northern edge of the lot onto Slater Road. Slater Road is a 44-feet wide minor collector roadway designed to accommodate up to 7,000 vehicle trips per day and will be able to handle traffic from the proposed development. 2001 traffic counts for Slater Road in the area showed daily (24-hr.) counts of 2,700 to 3,800 vehicles. This development is estimated to generate approximately 250 /D S Planning Report -Wentworth Park July 22, 2003 Page 7 average daily vehicles, with approximately 75% of this traffic coming from/ going to the north, and 25% traveling to and from the south on Slater Road. Easements/Rights of Way/ Permits - A 30-foot wide drainage and utility easement over the existing sanitary sewer runs along the entire west edge of the development. The developer should not plant large-growth landscaping within the area of this easement Tree Preservation - A tree inventory submitted with this application indicates that there are eighty-nine (89) significant trees in the inventory. The tree inventory is comprised of Bur Oak, Black Cherry, Cotton Wood, Box Elder and Willow trees averaging 14" in diameter. The development as proposed will result in the removal of fifty (50) significant trees (56.2 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, commercial) is set at 47.5% of the total significant trees. With a proposed removal greater than the allowable amount, there is required tree mitigation for this proposal. Required tree mitigation calculates to thirty-two (32) category B trees, or an equivalent combination of Category A or Category C trees. In an attempt to maximize tree preservation, the applicant intends to preserve thirteen trees adjacent to parking lots and/or buildings where some amount of encroachment (grading) will occur inside the trees critical root zone (CRZ). According to the City of Eagan Tree Preservation Ordinance, there is to be no grade change or construction activity inside this CRZ. To ensure survival of these preserved trees, staff is recommending that along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Water Quality -This 2.8-acre development would be located in the City's A-watershed, in the southwest corner of Eagan, near to the boundary with Burnsville. The development proposes to meet the City's water quality requirement to treat stormwater runoff from the site by directing stormwater to a treatment basin to be constructed in a wetland on the parcel. Requirements for volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). Therefore, a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres would be needed to treat the stormwater generated by this development. Wetlands -There is one 0.4-acre wetland on the parcel. Under the classification system of the Fish and Wildlife Service, it is a Type 2 wetland, which is an inland fresh meadow in which soil is usually without standing water during most of the growing season but is waterlogged within at least a few inches of the surface. The dominant vegetation often consists of reed canary grass, sedge, and sandbar willow. This area is not designated as a public water wetland by the Minnesota DNR. Therefore, it is under jurisdiction of the City of Eagan, which is the local government unit for the Minnesota Wetland Conservation Act (WCA). The WCA regulates draining and filling of all natural wetlands and excavation of certain types of natural wetlands. /06 Planning Report -Wentworth Park July 22, 2003 Pase 8 The developer proposes to create stormwater treatment volume by excavating the wetland. This activity in Type 2 wetlands is not considered an impact and is therefore not subject to WCA replacement requirements. The developer also proposes to fill a portion of the wetland to allow construction of an access road from Slater Road to the development. The original proposal avoided such an impact, but after review by the City, the access road is being situated in this location. The fill is proposed to be 1,948 square feet, which is under the 2,000 square-foot maximum allowed by the WCA for this type of wetland. Therefore, the developer can be granted a "de minimus" exemption by the City, for which an application has been already received. A "de minimus" exemption for wetland fill less than 2,000 should be granted by the City to allow construction of the access road from Slater Road to the development. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre-feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet structure acceptable to City standards. Parks and Recreation -This development is subject to a cash parks and trails dedication. SUMMARY/CONCLUSION The applicant is requesting Preliminary Planned Development approval for seven "town offices" and a Preliminary Subdivision to create 8 lots on 2.82 acres (Wentworth Park) on properly legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road. The town offices will resemble a typical residential town home in design. There will be one 4- plex and one 3-plea with 8-10 offices in each unit. Staff has concerns with the lack of architectural interest on the side and rear elevations and we have suggested measures to correct that issue. Access to the property is proposed from the property to the north. Public Safety staff is opposed to this as a sole access location and require access to either be closer to the proposed Iot or that an additional access be provided. The amount of proposed parking meets the City Code requirements, although the parking setback from Cedar Avenue deviates 10 feet from the standard 20 foot requirement; it is consistent to that provided to the north. The site plan indicates the proposed parking stalls are to measure 9'X20' and 9'X18.5'. The City Code requires 10'X19' stalls. The proposed free-standing trash enclosure is located in the parking lot on the south side. Commercial districts are required to have the trash enclosure attached to the principle building. /o ff Planning Report -Wentworth Park July 22, 2003 Page 9 The acceptability of the parking setbacks, parking stall size and trash enclosure location are a policy matter to be determined by City Officials. ACTION TO BE CONSIDERED I. To recommend approval of a Preliminary Planned Development for seven "town offices" on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road. If approved the following conditions shall apply: 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. This Planned Development is for Town offices. Residential occupation uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan 4. Architectural relief shall be provided on the rear of the units (abutting Slater Road) with use of varied material and window placement. 5. Wall and pole-mounted light fixtures shall be shielded to reduce glare. 6. All light fixtures on poles shall not exceed 20 feet in height. 7. All mechanical equipment shall be screened from public rights-of--way and properties with different land use designations. lI. To recommend approval of a Preliminary Subdivision to create 8 lots on 2.82 acres (Wentworth Park) on property legally described as Outlot A, Prairie Oaks, located south of Cliff Road and west of TH 77 (Cedar Avenue) on Slater Road in the NW %4 of Section 31. If approved the following conditions shall apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 4, C1, 2, 4, D1 E1 2. The property shall be platted. 3. The applicant shall fulfill required tree preservation mitigation through the installation of thirty-two (32) category B trees (or an equivalent combination of category Aand/or category C trees and/or cash payment). 4. Along-term tree survival plan be prepared by a certified arborist and implemented on all trees with encroachment in to the Critical Root Zone. 5. Tree protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the /D~' Planning Report -Wentworth Park July 22, 2003 Page 10 Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry Division and set up a preconstruction site inspection at least five days prior to the issuance of a grading permit to ensure compliance with approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The developer shall not plant large-growth landscaping within the area of the drainage & utility easement. 8. Trash enclosure building materials shall match the principle structure. 9. The development is subject to cash park and trail dedication. 10. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Town office Association. The documents should be submitted and approved by the City Attorney's office prior to Final Subdivision approval. 11. Lot 8 shall be owned by the Town office Association. No building permit shall be issued for Lot 8. 12. To the extent practicable, a buffer of natural vegetation outside the boundary of the 13. Wetland should be maintained before, during, and after construction. 14. This development should meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.23 acre- feet covering an area of 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 6 feet, a 10:1 aquatic bench, and an outlet structure acceptable to City standards. 15. A fire hydrant shall be installed in a location approved by the Fire Marshall. /0 9 STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-0f--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. //D 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specif+cally granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 LTSiS STANDARD.CON /// City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FINANCIAL OBLIGATION-Wentworth Park Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Water Lateral C/I $6.30/F.F 615 F.F. $3,874 Water Availability Charge C/I 3,330/Ac 2.81 Ac (1)9,357 Total (1) Amount will be adjusted when area of storm sewer easement is known. $13,231 /ice Cagan boundary ' Location Map ~Pa.:;~sae"'~° Building Footprint 9 ~ 5 I ~ ~ ry ~ : 3 ; ~~ 3 ~ ~, ,:, ,~ 9 -+~ ~..r ,~ D 7 iJ . > J'o~e I I a _ • ` g W ° ~ °s ~ ~ a t J '~ I i ~~ l ( ~ I I I \ ~ ~ i ©. o ~ y~ ' . ~ J \ K.,,r ~ . ~ yt = y ~ >~) ~ ~ ~ ~ 1 ;z ~._ ~ J 1 I i t Sub'ect Site , ~ ~ - ~ ~ ~ ~ ~ ~ . ~ \,f e 6 _ ~ 4.. h ® ` ~ 1 ~` + ®® 0 m ,~y~'a ~ ~ ~ ~ ~~ :jib ~ ©~ ~ ~ ~ i~~ ~ y ~ 2 `~~ a~ r. ~~~QQQy~] ~ ' • O nr r ~ ~~., ~? ® ~ 7 y `I J ~ ~- .~ 0 1000 0 1000 2000 Feel DevelopmentlDeveloper: Generation 2 Application: Preliminary Subdivision, Planned Development Case No.: 31-PS-10-05-0 10-OS-03 Map spared u ng a .1. Parcel base map data provided by ota Co my OHics o and Is current as of February 2003. ~ N W E cil. of eagan V ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guaranies the accuracy of this informstlon and are S Community D~vslopment Departaant not rasponalble for srrors or omissions. U ~ ~Q ~ JO Q~~ b 4~z N _~ Q Z Q ~ ~. Q N ~ p V Z o ~ ~. ~~ ~ < Z N ~ ~ z ~ 1 o -Q w 4~ g rR ~ a w a o~~` W ~ "" (~v W g <~~ 5~i L^ (Y. ~ N ° ~~~ ^~L W ~ ;~ ~ 16~ F~Y ` ~ OJ ~n ~ ~~Q ~~ ~ ~1 9llaxorn ^~~ \vO . ~~'~ ~ P~~ ~~ / V ' I ° _n / ~ ~~QP' / I~ / ~~~+E / 526g9~5 / ~fo / .. I m / ~ // / ' I*n ea '~' / w I J, / ~ ~ ~ N / / ~ ~ , tY~ I /, / \ ~ 8 , ,~ 1/ ~ --- - L =151. 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I~ Ida $/// /~ n~~ ~ rv ~ ~,~ 1~~. ,~ ~~ ~~~ , ~~~"~ . - :~swa~~ ~~ Te~~m~ ~ ~ , S~ATEt~~ROAD ~~ > ~-- _ _~--t ~_ '^ I °~ a ~__~ ^__°^_ g-+_ ~I J_- I I .c' 1 ~ dla .ZIP 1 ~f ~ i ~ F ox ~° ~a ~~ a; ~R~ ~ ~ g~ ~~~~~~~ ? ~~~ ~ ~ o ~~~i~~:~~~~~~ Z n.<. . ~YY9 pep ~ ~ci E y~ a~ce Fg 3 ~ ~ ~ ty H ~e~~s a ~T ~ C~~~ is~p Q~S ` ~~~ a $~ A ~~ ~~ ~~ gt F ~. 4 ~~.~a4 e~ ~ ~~ ~~ Eti a §~ ~ a~~pa° ¢ a€ s° S•a ~ ~p~r ~~ C~ ~~a a has ~~vli~ "`t ip ea ~i~~i ~€gg~ppr ::pp2 -' = r 6 tF dap Z 6g~`E~ FCs ~8 i~ ~ ~?~~: iE~f~ ~6~~ ~P ~i~ Sn fFi ~1 ga bt3`s~ iY fF a: v Y~i~a ~~ 4~ ~2 l~ ~ R ^ \ ^ n ~ n+ ~ ~ W WWd o q ~ a ~I; ~ ~ B ~ ~ W~~ ~ g W ~ ;!~j ~ o ~ ~ A a o ~ a W 8 4 e ~ ~ 31~ ,a ~~<~ 4: , ~ o ~~- a ~ ~ j ~ s ~~~ ° 4 ~~~~~~ ~ 6 tr1~ 3~~ $n ~ C ~ ~ ~ ~: !t ;~;. ~ A~ 9@a ~g ill a~.~~4 ~ ~~ E:e `I. y ~, ~e ~ iF ¢ F ~w w w wa g s ~ W ;m n o ~ ~ o~ ~ ~_ ~ o u Q " us u ~ ~ < ~ S ` 8 B : S W ~ W Y ~~' e' £ < ~ ~ _ ~ a ~ $ ~ 8 ~ ! ~ = 3 S ~ ~ ~ ~ ~ a ~ < ~, ~ w o « ~ ~ ~ ~ Y u S S m S~ ~ ~~ ~~ o c ~ W 5 3 ~ ~ ° a ~ ` ` ~ ~ ~ n 3 _ ' ~ > f S ~ ~ ~ ~ ~ u ~ ~ ~ ~ 3 S~ A W i G 1 G i f ~ Y m y c c _ n n _ c c ~ c _" W ~ n - - m - 4 _ V ~ _ - x ~ ~ ~ ; m o ~ ~ _ _ ~ s: W H yn _ s q S o C u o ° ~ a S~+ o a W ~ Proposed Wentworth Park Project Details At Wentworth Park in Eagan, MN we are proposing a unique blend of classic architectural elements in a convenient urban setting. Seven two-level walkout units, each with 285o square feet. Each unit will be individually platted and the remaining land will be managed by aself- governed association, which will oversee the maintenance of all exterior property. Monthly association dues paid by each owner will be responsible for the landscape maintenance in the summer, plowing of the parking lot and sidewalks in the winter, garbage removal, exterior lighting, and more. The exterior of the Town Offices will include the following: L°: Red brick with stucco trim around windows Limestone water table _: Maintenance-free pre-painted Certainteed Fibercement siding and cedar shingles °: Prestique 3o-year asphalt roof shingles ~': Professionally designed landscaping layout =~ Marvin windows °: Full glass front doors =: Signage at each Town Office door If Wentworth is approved, construction will take place as soon as all appropriate measures have been taken with the City of Eagan. We anticipated the total time of development through construction to last no longer than siY months. o e. w t -; V .'~~ t. :~T. y !~~ / f .. ir.i v t ~~~~~~~ 1 ~ ~ :ny ~ 1 ±} ~~ ~ s `"~~ ~' s , y.-' ~F ~t~~ ~/ s__.._.r~r----- - Proposed Wentworth Park Elevation .~.. _ .~ . ;t, : ~ ~~ //8~~ , Wv ~p N Z K K ~Lr7`' ~ v ~ rc ~ ° ~ ~ ~ ~ ~ O .~ < p Q ~ r•, _ c N F NNN ~ O N H YI ~ E- ~ V 7 ~~t~ n o ~b ~g r „, m n N ~~ v ~g u ~. i Q~ N <~ g N W ao~ -:-M O ~ ~,~~D o 7 c a c a N _ vao m Q 1 ` ~ ~ < J < • Q ~..,. - z W m. m~ W W ~ ~,,~ 3 ~ ~° • _ -------- . ~ ._~ ~ Jp •~~ ~ ~ f P; Z fir::' `' f ~ i ~ ~ ~ .! ... _... .. t _ - ~; - ~9fp - ~. . ~' . ~y' `c 26~1~.. le r ~ S ~'u. 4 •: ~~:::::: . i:• '•: :;~~. ~ <~ ::... ., :: ~ :.. ,~r: "~ti~, '~3:•' ice' .1 •t ~.~ ~:~•.. •• . L, .;~.. ' ~:~ • % ~ •..::~:~` . E Z~ .:.N; ••P~'MWMW.. i:. Y =1.y:'~ _ `:. .. .. _ -a . :':: •. J. t l ~\ .j 1 W i• ~ ~~ ~ ~ + t~ y / o i ~ 3 i + ~ ; :.. //9 ~-~~ _.. _ __.__ _ ____.._~ ~_._._._ _.~__~_.M ~~,.~... ~ m 9527074210 06/18/03 WED 08:28 FAX 9527074210 AAA MINNESOTA/IOWA A C~j001 June 18, 2403 Advisory Planning Commission Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Commission Members: As residents in the Oak Cliff Pond development west of Slater Avenue, we'd like to express our opposition to the development of Outlot A, Prairie Oaks, Case #: 31-PS-1d-05-d3, Wentworth Park by Generation 2 Inc. We'd like to remind the members of the commission that the developer of the Prairie Oaks property just north of this proposed development was granted approval to build none-story and a two-story building instead of three one-story buildings in order to preserve the trees and natural area south of their property (the area that is now proposed for development). We feel that they have gone back on their commitment to preserve this area and ask that the Planning Commission disapprove development of this "scrap" piece of land. We do not consider the removal of 49 significant trees to be in the best interest of the neighborhoods surrounding this parcel of land (not to mention the insignif cant trees that act as a natural buffer from the noise on Cedar Avenue}. It will increase the traffic noise from Cedar Avenue, harm the wetland located on the property and wreck the beauty along the Cedar Avenue corridor to our city. Another major concern regarding the noise is future plans for alight-rail system that would run down the Cedar Avenue corridor to Apple Valley. Should that happen, the benefit of those trees to act as a noise and visual buffer from the rail system would be even greater. If they must develop this "scrap" piece of property, we'd prefer a less sprawled out plan, perhaps one taller building, which would limit the destruction of the trees and natural area. We feel there are other flat and tree-less areas in the south metro area that the developer could put his type of project on. We applauded your refusal to approve a similar development last year and hope you will again disapprove this plan. Sinc ely, Susan & Jerry Low 4695 Wildwood Street Eagan, MN 55122 ~aa z Agenda Information 1Vlemo August 19, 2003, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (GARDENWOOD PONDS 6TH ADDITION) - RAY BRANDY ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • The subject property is slightly over half an acre and has an existing house on the southeast half of the lot. • There is a 62.5 foot NSP easement and a 12 foot Dakota Electric easement in the middle of the property. • A house was specifically designed to accommodate the site restrictions on newly created Lot 2. The two-story house with attached three car garage meets all the minimum R-1 district standards. • The existing single family home will remain on Lot 1 and have access via North Ridge Drive, Lot 2 will have access via Stanwix Road. • The Advisory Planning Commission held a public hearing on July 22, 2003, and is recommending approval of the Preliminary Subdivision; subject to the conditions in the APC minutes. ISSUES: • The neighbors expressed concern with the size and value of the new home, ground water and runoff. 120 Day Agency Action Deadline: • October 16, 2003 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) ~. Planning Staff Report pages~hrough~ ~f~ /a/ City of Eagan Advisory Planning Commission Meeting Minutes July 22, 2003 Page 15 G. PRELIMINARY SUBDIVISION -BRANDY ENGINEERING A Preliminary Subdivision (Gardenwood Ponds Sixth Addition) of Lot 5, Block 3, Gardenwood Ponds to create two single-family lots, located at 3853 North Ridge Drive in the NW '/4 of Section 23. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated July 16, 2003. She noted the background and history. Chair Heyl opened the public hearing. Four residents spoke of the following concerns: drainage, questioning why a home has not been placed there thus far; the empty lot is where the kids play, and higher roofline and the size of the new home. Leonard Ghilani, 3853 Northridge Drive stated he understands the concerns of the neighbors. He stated the vacant lot is his yard, which is not level and he does not want to be sued for injuries on his property. Applicant Ray Brandt addressed the surface water and stated the lot drains to the north. He stated there was a transition of developers at the time of development and a house would not fit on the property. Chair Heyl asked if there is a way to address the drainage at this time. Mr. Gorder stated the drainage issues are best left to the building permit process. Member Leeder asked that a condition be added to assure that the drainage is reviewed. City Attorney Bauer suggested that C2 of the Conditions of Plat approval be added to conditian number one. Member Bendt moved, Member Steininger seconded a motion to recommend approval of a Preliminary Subdivision (Gardenwood Ponds Sixth Addition) to create two single family lots, located at 3853 North Ridge, Drive in the NW '/4 of Section 23 subject to the following conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C2. 2. The property shall be platted. 3. This development shall be responsible for a cash parks and trails dedication. 4. This development shall be responsible for dedication of cash in lieu of storm water treatment ponding. All voted in favor. /a,.z PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 2003 APPLICANT: Ray Brandt PROPERTY OWNER: Leonard Ghilani REQUEST: Preliminary Subdivision LOCATION: 3853 North Ridge Drive CASE: 23-PS-11-06-03 HEARING DATE: July 22, 2003 APPLICATION DATE: June 18, 2003 PREPARED BY: Sheila O'Bryan COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Gardenwood Ponds 6`h Addition) to create two single family lots at 3853 North Ridge Drive in the NW '/4 of Section 23. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. /~i Planning Report - Gardenwood Ponds 6t~ July 22, 2003 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan~for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was originally an Outlot in the Lexington Square 7th Addition. In 1995 the subject property was incorporated into the Garden Ponds Subdivision as Lot 5 Block 3 Garden Ponds Addition. EXISTING CONDITIONS The subject property is slightly over half an acre and has an existing house on the southeast half of the lot. There is a 62.50 foot NSP easement and a 12 foot Dakota Electric Easement in the middle of the property. Mature trees are also spread out across the middle of the lot. /a y Planning Report - Gardenwood Ponds 6'~ July 22, 2003 Paee 3 SURROUNDING USES The property is surrounded on all sides by property used, zoned and guided for single family residential. EVALUATION OF REQUEST Proposal -The applicant proposes to subdivide Lot 5, Block 3, Gardenwood Ponds to create an additional single family lot. A house was specifically designed to accommodate the site restrictions on newly created Lot 2. The proposed house is two-story with attached three car garage that meets all the minimum R-1 District standards. The rear of Lot 2 is mostly consumed by the NSP easement. The existing home will remain on Lot 1 meeting R-1 standards. Compatibility with SurroundingArea -The site is surrounded by single family residential uses. The surrounding properties aze also guided Low Density Residential. An additional single family lot is compatible with the surrounding area. Densi -The gross density is 2.91ots per acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the land use designation. Lots -The proposed lots range from 13,478 (Lot 1) to 16,379 (Lot 2) square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; both lots comply with this requirement. The minimum lot width is 85 feet. The proposed lots meet this standard. Access to Lot 2 will be via Stanwix Road. The existing home will remain on Lot 1 and will have access via North Ridge Drive. Landscaping - A landscape plan is not required for single family development. Gradin Storm Drainage -Lot 2 will be graded at time of building permit. No additional storm drainage improvements will be necessary to accommodate this subdivision. Wetlands/Water Ouality -This proposed 0.69-acre single-family subdivision is located in the City's "J" Drainage District. Similar to other residential developments, additional impervious structures increase stormwater runoff within the City. However, because of the small size of this development, on-site stormwater ponding for water quality purposes is not practical. Thus, in accordance with the policies and practices of the City since 1990, this proposed development is subject to a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. /as Planning Report -Gardenwood Ponds 6'~ July 22, 2003 Page 4 Utilities -The existing house on Lot 1, Block 1 is currently served by City sanitary sewer and water main from North Ridge Drive. The new house proposed on Lot 2 will be served by sewer and water services provided from Stanwix Road. Streets/ Access/ Circulation -Public street access for Lot 1 will remain onto North Ridge Drive, while public street access for Lot 2 will be from Stanwix Road, an existing cul-de-sac constructed in 1987 with the Lexington Ridge 7~' Addition development. Tree Preservation -There are no tree preservation issues with this development proposal. Parks and Recreation -Lot 2 would be subject to a cash parks dedication and cash trails dedication. Setbacks -The following minimum setbacks are required for all buildings in the proposed development: Front yard (Stanwix Road) 30 feet Front yard (North Ridge Rd) 30 feet Side yard Dwelling 10 feet Garage 5 feet Rear yard 15 feet SUMMARY/CONCLUSION The applicant proposes to subdivide Lot 5, Block 3, Gardenwood Ponds to create one additional single family lot. The proposal meets minimum R-1 standards. A house was specifically designed to accommodate the site restrictions on newly created Lot 2. The majority of the reaz yazd of Lot 2 is occupied with the NSP easement. The existing single family home on Lot 1 will remain. Access to Lot 2 is proposed via Stanwix Road. There are no tree preservation issues associated with this proposal. ia6 Planning Report - Gardenwood Ponds 6`~ July 22, 2003 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Gardenwood Ponds 6th Addition) to create two single family lots at 3853 North Ridge Drive in the NW '/4 of Section 23. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1 2. The property shall be platted. 3. This development shall be responsible for a cash parks and trails dedication. 4. This development shall be responsible for dedication of cash in lieu of storm water treatment ponding. is ~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ricthts-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /a8' 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. A!I subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 LTSJ15 STANOARO.CON /a9 City Council September 15, 1987 Revised: July 10. 1990 Revised: February 2.1993 FINANCIAL OBLIGATION-Gardenwood Ponds Sixth Preliminary Subdivision There are pay-off balances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following chazges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total /3~ Location Map 0 ~~ i a m ~ e • ~. QID~ a Eagan boundary j /~/StreetGenterline I iL-_~J ?arced Mea ~d tiultding Footprint r` oao ~'~ a ~ ® o 0 6 ~ •4.~ ~ per` e !IJ •'o :~ gs i a a D ~. Q ~ ~~ ® Q ~\ /Al 9 o 0 i wd i i ~ ~ ~ A ~ ~ I ~~ e vl h-'c icrti~ .c®\I 1 _ I I 1000 0 1000 2000 Feel Development/Developer: Gardenwoods Ponds 6th Addition Application: Preliminary Subdivisi Case No.: 23-PS-11-06-03 /~/ Map Pnpand ualnp ERSI ArcVMw 1A. Pa¢ai bau map data prwidad 1J by Dakob County Otllea o1 GIS and ie currant as of Fabrwry 2DDA Cli: OF G'C7 ctrl /r THlS MAP l5 INTENDED FOR REFERENCE USE ONLY W E v ~ The Clty of Eagan and Dakota Ceunty do not yuarantae the accuracy of this intormaUon and are S GARDENWOOD PONDS SIXTH The lot that I am proposing to replat into two lots was platted in GARDENWOOD PONDS. It was an outlot when LEXINGTON SQUARE 7Tx ADDITION was platted and the sewer and water service was installed with this plat. Planco has designed a house that was built in Chaska that fits this site, too. The house is a 2-story with a 3-car garage and has 4 bedrooms in the upstairs level. The cul-de-sac in Stanwix Road was constructed as part of the GARDENWOOD PONDS project. I believe that the original plan for Stanwix Road was to extend it to the east at the time of the LEXINGTON SQUARE 7Tx ADDITION plat but that was eliminated with the GARDENWOOD PONDS plat and thus the necessity for the cul-de-sac. The zoning classification does not change with this replat. It was single-family and remains single-family. The existing use is part of an existing lot and is mowed weekly. The proposed use will be for the afore-mentioned house that will be constructed shortly after the final plat is recorded. The surrounding land use and zoning is all single-family within a 650 foot radius. There are no trees on what will become Lot 2 so a tree plan was not prepared. There aze trees on proposed Lot 1 but nothing will be done with the trees because of the replat. Ray H. Brandt ~,~~~ /~ , _ .1,,,. 11v J+...: ~v ~J '... 1 i I I r,~~ I 'J J c _ ~,~ ~ ~ is ~_ O f ri - ~ ' L LL ':' . =mot - v ~~~ _ - ~, s _ - y N?~° rt ~ p~ a ~ o vi c x° ~ o ° ~ ~. H ~ i ~--~ ~ n u ~ e~ w = e ~ W ~ np W Dui Z Y O K~ > U C Z d a r D C 7 ~ G a L s W p 0 Q _ r i= V LL W L G CL ~ ~ ~ = am; a Gf Ym, U ~ n~ u Q 7 - 3 ~ C K -Z TiZ o C ~ U-. _ O Q ~ n~ ~ O+ v 4 ~ - G N b .` _ -~ ~ W ~ ~ a Z e n o 'f c m i - u r` . fJ I r~. _ , ~ u 3~ V¢ W x ~ c, i ~ m _ ~ a = c E n i v~ J LL j ° ~ W ~ v ~ c _ Z ~.~ } ~ W a. > > fA '-~ °~ i C7 ~ 2 ''~ . 2 ~ J^ W ' Z W >u,. ~ 2 r _ - Z G ~ I ~ ~ G y, O W ~ - rt ' • 1 . ~ 3 - rJ ~ Z ,T a V ~ L i _ Q i1 m f l S] ® ` ` / lJ,~-. ' . _ f~~ i ~ ~' ~ s ~E . ~ ' - ~ ~ dh j ~ hl6 ~E ~ ~6y '~ 9 ' ~ ~~ 'r T, ` y„f ,.~ ~ = r° , SCI ~ ~ ~ ~. T~~~ ~ ~~ :a T ~ ~ ~g `d ~ ~ , \ a , , ' C f, +~ e \ ~ L zee \ - I ~~ ~ , ~ ~ _ /33 3. ~~ ~~ r` 7 tr i~.l...i 4 _~ e i0 i ~ e O =r Q w J :_~ ~ o B D n~ =~ =~ Q 0 Z O Q W H ~ ~ o ~~~~ ~ ~ ~ ~~~o r F ~ ~ ~ ~ m r r~ =~ ~ ^Q 0 j0 ~ r 0 ~ 0 ~: Z Q w w 1- w J zFQ ~ ~ ~I . j~, a a a i? U '~ E~ ~~a~ g ~~ ~~_= a~~~€~Y~ ~ ~ s ~ ~ ~ ~ ~ cb~~~s ~~x5~~ ~~'Ya ~~' r uo~ ~t ~~a JS~ a L'~ = ~ ~ oQ$ 4.~ ZQ oc ~ a /35~ Agenda Information Memo August 19, 2003, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) -RAY MILLER ACTIONS TO BE CONSIDERED: To approve (OR deny) a Preliminary Subdivision (Lexington Ridge) to create eight single family lots on 6.9 acres located at 4225 Lexington Way; subject to the conditions in the Advisory Planning Commission minutes. FACTS: • The subject site contains an existing single family home and several out buildings. The single family home has access through the Lexington/DiffleyPark by easement. • The proposed eight lots range from 19,174 to 41,305 square feet in area. • Access is proposed through Lexington/DiffleyPark. • Dakota County Transportation Department staff has indicated that if access for the development is denied through the park, access to Diffley Road could be further considered by the Plat Commission. • The Advisory Park and Recreation Commission reviewed the application on July 14, 2003, and is recommending denial of the Preliminary Subdivision based on the proposed access through the park. • The Advisory Planning Commission held a public hearing on July 22, 2003, and is recommending denial of the Preliminary Subdivision. ISSUES: • Sanitary sewer is not readily available for this development. The nearest sanitary sewer of sufficient depth is approximately 800 feet to the south within the Lyra Court cul-de-sac. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within Lexington/DiffleyPnrk and the aquisiton of drainage and utility easement on Lots 3 and 4, Block 4 Wilderness Park 2" Addition. • Section 13.20 Subdivision 9 states: "As a general rule, the city shall not permit landlocked parcels or parcels that are only served by private easements." • A similar subdivision request (with access through the park) was denied by the City Council in November 1994. 120 Day Agency Action Deadline: • October 17, 2003 ATTACHMENTS (2): Advisory Planning Commission Minutes page(s) ~.3~ Planning Staff Report pages ~hrough,[~3 /35 City of Eagan Advisory Planning Commission Meeting Minutes July 22, 2003 Page 16 H. PRELIMINARY SUBDIVISION - MILLERVILLE, INC. A Preliminary Subdivision (Lexington Ridge) of approximately six acres to create a fight single-family I ots, I orated a t 4 225 Lexington Way i n t he N E '/4 o f Section 27. Planner O'Bryan introduced this item and highlighted the information presented in the City Staff report dated July 15, 2003. She noted the background and history. Applicant Ray Miller stated the property is now being used as residential. He stated the storm water discharge should be looked into. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. City Attorney Bauer stated concern with condition number 11. He explained that a public street could only be constructed on the park when it is for servicing the park. Member Gladhill recommended denying the proposal in its current state. He stated there should not be a road through a City park. Chair Heyl stated she would vote against the proposal for the same reasons she voted against it in 1994. She stated: -She is against a subdivision having access through a City park. -She is concerned with the safety of kids and other park users. -The proposed subdivision does not comply with the City Code. Member Hansen agreed with Chair Heyl. Member Heyl moved, Member Gladhill seconded a motion to recommend denial of a Preliminary Subdivision (Lexington Ridge) of approximately six acres to create eight single family lots, located at 4225 Lexington Way in the NE'/4 of Section 27 because the plan does not comply with the City code as required and does not fit to go through the City park due to the safety concerns at night, safety of children, accessibility for fire and emergency equipment, and the excess cul-de-sac length. All voted in favor of the denial. /36 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 15, 2003 APPLICANT: Ray Miller PROPERTY OWNER: Remo Caponi REQUEST: Preliminary Subdivision LOCATION: 4225 Lexington Way CASE: 27-PS-12-06-03 HEARING DATE: July 22, 2003 APPLICATION DATE: July 2, 2003 PREPARED BY: Sheila O'Bryan COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-l, Residential Single District SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create 8 single family lots (Lexington Ridge) on 6.9 acres located at 4225 Lexington Way in the NE '/4 of section 27. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. /.3 ~ Planning Report -Lexington Ridge July 22, 2003 Paee 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Variance: City Code Chapter 11, Section 11.50, Subdivision 3 states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. /38~ Planning Report -Lexington Ridge July 22, 2003 Page 3 c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY In 1994, an application for rezoning this property from Agriculture to Single Family Residential and an 11 lot subdivision (Vantage Point) was proposed for this parcel. The proposal indicated access to these lots would be through Lexington/DiffleyPnrk. The City Council denied the subdivision lazgely due to the proposed access through the park. The rezoning was approved from Agriculture to R-1, Single Family Residential. EXISTING CONDITIONS There is an existing single family home on the subject site and several out buildings. The existing single family home has access through the Lexington/Diffley Pazk by easement. The subject property has frontage on Diffley Road, there are many mature trees and vegetation throughout the property, and there is significant topographic changes on the north side of the lot. SURROUNDING U5ES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Private Park Pro e P, Park P, Park South Lexington/Diffley Park P, Park P, Park East Lexington/Diffley Park P, Park P, Pazk West Private Park Pro e P, Park P, Park /39 Planning Report -Lexington Ridge July 22, 2003 Page 4 EVALUATION OF REQUEST Compatibility with Surrounding Area -The subject property is directly surrounded by Park property. Properties to the Northeast have residential and commercial uses. In 1994 this property was rezoned from Agriculture to Single Family residential. At that time single family residential development was deemed compatible with the surrounding area. Densi -The net density (excludes outlot A) is 1.151ots per acre. The Comprehensive Guide Plan allows residential density of 0 to 4 units per acre for Low Density land use designation; the proposed density complies with the Land Use Designation. Lots -The proposed lots range from 19,174 to 41,305 square feet in area. The minimum lot size requirement in an R-1 zone is 12,000 square feet; all the lots comply with this requirement. The minimum lot width is 85 feet and 50 feet for a cul-de-sac lot. The proposed lots meet this standard. Access is proposed through the Lexington Diffley Athletic Field complex. The existing home and out buildings will be removed upon development. outlot A represents the private street and cul-de-sac. Setbacks -The following minimum setbacks are required for all buildings in the proposed development: Front yard (Diffley Road) Front yard (outlot A) Side yard Dwelling Garage Rear yard 50 feet 20 feet -Private Street 10 feet 5 feet 15 feet Landscaping - A landscape plan is not required for Single Family development. Gradin~/Storm Drainage - Wetlands/Water Quality -This proposed 6-acre single-family subdivision is located in the City's J-watershed. Stormwater from the parcel is proposed to drain into a constructed on-site treatment basin and then into the City's stormwater system and eventually into McCarthy Lake in Patrick Egan Park, one of the City's Class II -Indirect Contact Recreation waterbodies. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments (i.e., land covered by buildings, parking lots, driveways, and walks). With an impervious proportion of 14 percent, a minimum, wet-pond volume of .26 acre-feet and a maximum depth of 6 feet would be needed to treat stormwater. An outlet skimmer acceptable to City standards would need to be installed. There are no jurisdictional wetlands associated with this site. /'~0 Planning Report -Lexington Ridge July 22, 2003 Page 5 Grading= The preliminary grading plan is acceptable. The site generally slopes to the northeast comer of the property near Diffley Road, with elevations ranging from 996 to 940. Storm Drainage _ The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the development will drain via public storm sewer to an existing low area to be utilized as a pond for storm water management in the northeast corner of the site. This area will discharge to an existing storm sewer system within Diffley Road. A portion of the proposed pond area lies within City park property and Diffley Road right-of--way. The developer should be responsible for construction of a storm water pond entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. Utilities -Water main of sufficient size and capacity is available for connection for this development within Lexington/ Diffley Park to the east. Sanitary sewer is not readily available for this development. The nearest sanitary sewer of sufficient depth is approximately 800 feet to the south within the Lyra Court cul-de-sac. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within Lexington/ Diffley Park and the acquisition of drainage & utility easement on Lots 3 and 4, Block 4 Wilderness Park 2"d Addition (4284 and 4288 Lyra Court). The developer should be responsible for restoring the sanitary sewer disturbance area within the park to equal or better than its current condition. The developer is responsible for obtaining adequate public drainage & utility easement to cover the proposed Lyra Court sanitary sewer extension from Lots 3 and 4, Block 4 Wilderness Park 2"a Addition. Streets/ Access/ Circulation -Access to the development is proposed through the existing parking lot service drives of Lexington/ Diffley Park to a private street cul-de-sac within the site. The proposed cul-de-sac is approximately 630 feet, 130 feet in excess of the 500-foot maximum length allowed by City code. A variance would be required to allow a cul-de-sac of this length. With a previous development application for this property, access was also proposed through the park. The City Council at that time denied the preliminary development due mainly to the park access proposal. The Lexington/ Diffley parking lot service drives were not constructed to City street standards in terms of alignment and width. Section 13.20 Subdivision 9 states that "as a general rule, the city shall not permit landlocked parcels or parcels that are only served by private easements." If public street access is allowed through Lexington/ Diffley Park, the developer should be responsible for constructing a street to current City standards from the development site to the existing park access entrance onto Diffley Road. Based on the current proposal with access through the park, the Dakota County Plat Commission has indicated that street access for the development will not be allowed to Diffley Road (County Road 30). Steep topography (approximately 50 feet of elevation change in 300 feet) and significant vegetation make street access to Diffley Road difficult. Dakota County Transportation /y/ Planning Report -Lexington Ridge July 22, 2003 Page 6 Department staff has indicated that if access for the development is denied through the park, access to Diffley Road could be further considered by the Plat Commission. Easements/ Right-of--Way/ Permits - If street access for the development is allowed via Lexington/ Diffley Park, the developer should enter into a license agreement with the City stipulating construction and maintenance of the access street on park property. Tree Preservation - A tree inventory submitted with this application indicates that there are one- hundred thirteen (113) significant trees in the inventory. The inventory includes Oak, Conifer, Birch, Box Elder, Black Cherry, Cottonwood, Hackberry, Ash, and apple trees. The development as proposed will result in the removal of thirty (30) significant trees (26.5 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. The preliminary grading plan submitted shows proposed grade lines occurring inside the Critical Root Zone (CRZ) of several trees that aze to be preserved (tree #244, 262, 1009, and 24 pine and cedar trees in the southeast corner of the site). A revised grading plan should be submitted that indicates no encroachment into CRTs of these trees. Staff has discussed this with the applicant, and a revised plan may be brought to the APrC meeting for review. If a revised plan is not available at the time of the APrC meeting, a revised grading plan shall be submitted for staff review and approval. In an attempt to maximize tree preservation, the applicant intends to preserve several large oak trees adjacent to areas to be graded. In these azeas some amount of encroachment (grading) will occur inside the trees (CRZ). According to the City of Eagan Tree Preservation Ordinance, there is to be no grade change or construction activity inside this CRZ. To ensure survival of these preserved trees, staff is recommending that along-term tree survival plan be prepared by a certified azborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large oaks. No encroachment is to occur inside tree protection areas. Parks and Recreation -This subdivision is subject to a cash dedication for Park and Trails for each lot. Advisory Park and Recreation Commission - At the July 14, 2003 Advisory Park and Recreation Commission (APrC) meeting this development was considered under the development agenda. Staff gave a brief presentation and the applicant was there to answer any questions. The APrC recommended denial of the proposal as presented. The recommendation was based on proposed access through the park. Providing access through the park is deemed as a safety hazazd, reduces flexibility and sets a precedent. The Commission recommended the applicant propose access from Diffley Road. /'f~ Planning Report -Lexington Ridge July 22, 2003 Page 7 SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create 8 single family lots (Lexington Ridge) on 6.9 acres. The lots range from 19,174 to 41,305 square feet in area. Although the development has Public Street frontage on Diffley Road the applicant has proposed a private access through the Lexington/DiffleyParkv the existing single family home currently has access through the park by private easement. Tree mitigation for this proposal is not required. The preliminary grading plan submitted shows proposed grade lines occurring inside the CRZ of several trees that are to be preserved. A revised grading plan should be submitted that indicates no encroachment into CRTs of these trees. Sanitary sewer is not readily available for this development. The nearest sanitary sewer of sufficient depth is approximately 800 feet to the south within the Lyra Court cul-de-sac. Construction of the sanitary sewer extension will require the disturbance of soccer and ball fields within Lexington/ Diffley Park and the acquisition of drainage & utility easement on Lots 3 and 4, Block 4 Wilderness Park 2"a Addition (4284 and 4288 Lyra Court). The Advisory Park and Recreation Commission reconunended denial of this proposal based on the access through the park. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create 8 single family lots (Lexington Ridge) on 6.9 acres located at 4225 Lexington Way in the NE'/a of section 27. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 2, 3, 4, C1, 2, 3, D1, E1 2. The property shall be platted. 3. A revised grading plan be submitted that shows no encroachment into Critical Root Zones (CRTs) of trees to be preserved. 4. The applicant shall communicate with city forestry staff in the actual placement of tree protection fence around the large preserved oaks. /~f~3 Planning Report -Lexington Ridge July 22, 2003 Page 8 5. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on- site and off-site (i.e. park trees). 6. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. The development should be responsible for creating a water quality pond to treat stormwater that runs off the developed pazcel. Such a treatment pond should have a minimum, wet-pond volume of .26 acre-feet and a maximum depth of 6 feet. An outlet skimmer acceptable to City standards should be installed. 8. The developer shall be responsible for construction of a storm water pond entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. 9. The developer shall be responsible for restoring the sanitary sewer disturbance area within Lexington/Diffley Park to equal or better than its current condition. 10. The developer shall be responsible for obtaining adequate public drainage & utility easement in a form acceptable to the City Attorney, from Lots 3 and 4, Block 4 Wilderness Park 2nd Addition to cover the proposed Lyra Court sanitary sewer extension. 11. If public street access is allowed through Lexington/ Diffley Park, the developer shall be responsible far constructing a street to current City standards from the development site to the existing park access entrance onto Diffley Road. 12. If street access for the development is allowed via Lexington/ Diffley Park, the developer shall enter into a license agreement with the City stipulating construction and maintenance of the access street on park property. To recommend approval of a Variance to allow the cul-de-sac length to exceed the 500 foot maximum by 130 feet. /S~ s~ STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3} feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /5~s 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public fmarovements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: AuQUSt 25, 1987 LTSNS STANDARO.CON /5~6 City Councif September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 FINANCIAL OBLIGATION-Lexington Ridge Preliminary Subdivision There are pay-offbalances of special assessments totaling $-0-on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed-using the rates in effect at time of connection or subdivision. IMPROVEMENT Storm Sewer Trunk Lateral Benefit Storm Sewer Water Lateral USE RATE S.F. $.0925/Sq. Ft. S.F. 26.30/F.F. S.F. 24.25 QUANTITY AMOUNT 243,050 Sq. Ft. $22,482 575 F.F. 15,122 575 F.F. 13,944 Total /y9 $51,548 s~~ dl ~i e m li' m gy o ~? ~ 6~ J~~L°L°JL~ D@°y~-~~6 Ytis~ O i v v a . . Cp 0~' A~ 4 ©q O Ci Q 1000 0 1000 2000 Feel Devetopme~rt/Developer•. Lexington Ridge Application: Preliminary Subdi ion Case No.: 27-PS-12-06-03 , l Map Prepared uslnp ER51 ArcVlew rce (base map data provided N by Dakota l:ourrly Offire of GIS and Is eurterd as of February 2DD~. / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W ~ E cit of en nn ' v ~ The City of Eapan and Dakota County do not guannte• the aot:elney of this informa8on and are S Cemmurrtty Derelopmen! DepaRrrarnt not feSpOeSible Tor eROK or Omiat:lOnt. r 5 a a z J W G. ;i -~ z i• A u~ F ~ ¢ ~ w;i _ ~3 iX ~ ^t n ~ i~Z '~= ki i =iM ZZ<_ A ~ g ~- a'w r.2}~ ° `~ . Z.. :iuJ6 Z"y ~~~~t T ~~~_ ~~a~Z~ s~~z~~ ~~ ~~ $ _L_~; ~ ~ ~ i~ ; = - - _T_ ~~ ~~ ~~ ii ~ -i' i ~~ ~ i. ~ t t I ~I _~ ~ s i ~ ~ ~ .~ ~ ~ _ ~i 1 (I ~ \ \~ I~ ~ ~ ( ~ `, ~ ~ I I ~ ~ ~ tg 1i~ _$ I ~ I y'I ~ I;1 s? ~ I R _ ~2 ~~ I }~ ~~ ~ ~~ I I -- - D~ I .= tl 8~ I ~~ -f~~g °~ ~ ~ .s0 _ / ~'_ I I ~ .ill 1 ?s. I q~$ ~ ti. 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I I I I I I I I i I I I I I I I I ~~ M ~~ 3' 9 M ii !1 ~~ I~ AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 19, 2003 I. CALL TO ORDER II. ADOPT AGENDA III. CONSENT AGENDA I Ss A. APPROVE MINUTES IV. NEW BUSINESS ~ ~ g A. Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation V. ADJOURNMENT /s~ Agenda Information Memo August 19, 2003 Eagan Economic Development Authority Meeting III. CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the members would like 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 adopt a resolution approving the minutes of the August 4, 2003 regular EDA meeting as presented or modified. ATTACHMENTS: Enclosed on page ~~ is a copy of the minutes of the August 4, 2003 regular EDA meeting. Enclosed on page .,~ is a copy of the resolution approving the minutes of the August 4, 2003 regu ar EDA meeting. /SS V~ MINUTES OF A MEETING OF THE ~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY T Eagan, Minnesota August 4, 2003 A meeting of the Eagan Economic Development Authority was held on Monday, August 4, 2003 at 10:20 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Tilley. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Assistant to Administrator Dianne Lord. ADOPT AGENDA Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVAL OF MINUTES Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the resolution approving the minutes of the June 17, 2003 Economic Development Authority meeting. Aye: 4 Nay: 0 SCHEDULE SPECIAL MEETING Commissioner Fields moved, Commissioner Geagan seconded a motion to schedule a special Economic Development Authority meeting for August 19, 2003. Aye: 4 Nay: 0 RESOLUTION APPROVING ASSIGNMENT OF DEVELOPMENT AGREEMENT WTTH DELTA DEVELOPMENT CORPORATION Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a Resolution Approving Assignment of Development Agreement with Delta Development, Inc. to U.S. Homes Corporation. Aye: 4 Nay: 0 ADJOURNMENT The meeting adjourned at 10:25 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (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. /56 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE AUGUST 4, 2003 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the August 4, 2003 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 19th day of August, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /s~ Agenda Information Memo August 19, 2003 Eagan Economic Development Authority Meeting N. NEW BUSINESS A. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To adopt a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation. FACTS: • At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. • U.S. Home assumed Delta's obligations under the Development Agreement and the action released Delta from its obligations. • In addition to the assignment of the development rights and obligations, U.S. Home Corporation is requesting some changes to the Development Agreement. • The restated development agreement as drafted provides for a change to the phasing schedule as follows: Delta Development Number of Completion Units Date Phase I 88 90% by 12-31-05 Phase II Phase III Total 58 90% by 12-31-06 84 90% by 12-31-07 230 U.S. Home Number of Completion Units Date 118 90% by 12-31-06 112 90% by 12-31-07 None N/A 230 /ss ATTACHMENTS: • Enclosed on pages 1~_ through -~-~ is a copy of the marked up amended and restated development agreement as prepared by Steve Rosholt, the City's bond counsel. • Enclosed on page _~ is a copy of a resolution approving the amended and restated development agreement. ISSUES: • This item has been placed on this agenda to facilitate the developer's request for EDA action, however at the time of packet preparation the City has not received a response from U.S. Home regarding the acceptability of the terms as outlined in the restated development agreement. At the time of packet preparation U.S. Home has not provided detailed information on their requested changes to the Housing Plan as referenced in the agreement. That information has been requested to allow staff to complete an analysis of a proposed design modification of theTown Homes and Village Homes and any changes to appearance or construction materials. • Any additional material received in advance of the meeting will be provided to the Commissioners. In the event material is not received, the item may need to be continued. • The City Council is also required to take action on this item. That action will be scheduled at a date after the EDA has acted. /s9 DRAFT: 8/11/3___----~ Deleted:27~oz AMENDED AND RESTATED DEVELOPMENT AGREEMENT Dated _ u ust , X003 ----- ----- -------- Relating to TAX INCREMENT FINANCING DISTRICT NO. 1 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and U.S. HOME CORPORATION This Instrument Drafted by: Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 - Deleted: - Deleted:2oa2 -- Deleted: DELTA DEVELOPMENT, -- INC. /~ DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of _ u- ust-_ X003, 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 U.S. HOME CORPORATION, a elaware ----------- ----------------- ----------------------- corporation (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 ofthe Redevelopment Project Area; and - -- Deleted: - - Deleted: 2002, -- Deleted: DELTA DEVELOPMENT, !NC Deleted: Mionaou WHEREAS, in order to achieve the objectives ofthe 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 phased housing development ("Phase I" and "Phase I)r'')_within the Redevelopment Project Area_and the TIF District which the EDA has determined will promote and carry out the Redevelopment Plan and TIF Plan; and WHEREAS, the EDA and the City entered into a Development Agreement dated December 2, 2002 (the '`Original Development Agreement") with Delta Development, Inc. (the "Original Developer") relating to a housing project in the Redevelopment Project Area; and WHEREAS, the Original Developer leas assigned the Original Devel~ment Agreement to the Developer; and NOW, THEREFORE, in consideration ofthe mutual covenants and obligations ofthe EDA, the City and the Developer, the parties hereby represent, covenant and agree that the Original Development Agreement shall be and hereby is amended and restated as follows: Deleted: , Deleted: "end "Phase ID /6J ARTICLE I. DEFII~IITIONS. 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) AccLuisition and Relocation Costs. The costs of the City, the EDA and Developer of acquiring the Property, demolition of existing structures and any relocation costs associated with the Development. (b) Certificate of Completion. The certificate of substantial completion set forth in Exhibit B hereto. (c) Cam. The City of Eagan, Minnesota. (d) Citv Assessments. The amounts which the City would have assessed against the Property as set forth in Exhibit F. (e) Ci Fees. The development fees which the City is entitled to receive for park and trail dedication, water quality and trunk assessment with respect to the Improvements as set forth in Exhibit F. (f) Commencement Date. The earlier of date on which the Developer commences construction of a Phase or enters into definitive financing agreements for a Phase, provided that the Developer shall have furnished satisfactory evidence to the EDA that the Developer has contributed equity in an amount at least equal to the subsidy to be provided for that Phase. (g) Condemnation Expenses. The incidental costs of acquiring Property to be condemned pursuant to Section 3.6, including court costs, attorneys fees, filing fees, expert witness fees and relocation costs, but excluding the purchase price, title insurance, soil testing and environmental assessments. (h) Developer. Delta Development, Inc., a Minnesota corporation, its successors and assigns. (i) Development. The Properly and the Improvements to be constructed thereon by the Developer as Phase )~_ Phase I),according to_the Housing Plans approved by the _ _ ...--- oeletea: , EDA and the City. - ~' oeiecea: ~a chase m (j) EDA. The Economic Development Authority of the City of Eagan, Minnesota. 2 /~6~ (k) Housin Pg lans. Collectively, the plans, drawings and related documents referred to in Exhibit C which establish certain design and construction standards for the Improvements. (1) Improvements. Each and all of the improvements to be constructed on the Property by the Developer, which aze expected to include approximately 230 units, including townhomes and village homes, to be completed in wo phases as specified in_the Housing __ -..--- Deleted: three Plans identified in Exhibit C hereto, but excluding any and all personal property. (m) Letter of Credit. The Letter of Credit described in Section 3.9. (n) Mortgai?e 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. (o) Partial Release. The Partial Release in the form of Exhibit E hereto to be executed upon Substantial Completion of a Unit or Units. (p) Phase I. The portion of the Development expected to be constructed on the Phase I Property. (q) Phase I Pronerty. That portion of the land described in Exhibit A and as subsequently identified by the Developer as the Phase I Property. (r) Phase II. The portion of the Development expected to be constructed on the Phase II Property. (s) Phase II Property. That portion of the land described in Exhibit A hereto and as subsequently identified by the Developer as the Phase II Property. r-------------------- --- --------- ------------------------------------- ----------- ------------ ------------ ----------- --- ----- v--------------------- ---- --------------------------- ---- --------- --------------------------------- ----------------- j~ Phase Li uidated Damages. For Phase I $ plus any unreimbursed _ _;' Condemnation Expenses for that Phase x [the number of uncompleted Phase I Units _ _ 1.8]; and, --- for Phase TAI, ~_plus_any unreimbursed Condemnation_Expenses for_that Phase x [the _ number of uncompleted Phase~I Units 112 . - ---------- -------- ------ --------- -------- ----------- (~) __ Pro e _ :The real property which is apart of the_ TIF District_and which is - ----- ------ -- ---- legally described in Exhibit A attached hereto to include the Phase I Propertyrand the Phase - -- - ---- -- II Property ---------------- - --------------------------------------------------- -`-' --------------------------------------------- Deleted:.: (t) - P.LA4a_>II• 'Ihe portion % of the Development expected to be constructed on the Phase IIl Property. Deleted: - (o) -Phase III Property. chat portion of the land described in ibit hereto and as subsequently identified by the Developer as the Phase III Property. Deleted: (v) Deleted: 609,511 Deleted: 86]; for Phase i>. 5360,015 plus eny unreimbursed Condemnation Expenses for that Phase x [the number of uncompleted Phase II Units + 58 - Deleted:lll - Deleted: 507,286 - Deleted:IIl Deleted: 84 Deleted: w Deleted:, - Deleted: and the Phase III Property /dy Public Development Costs. The costs of road and other public improvements ~) -.---- neietea: x _ _ _ - ---------------------------------- - - for Silver Bell and Cedar Grove Parkway known as Project 800R and Project 759R allocable to the Property. ... (,w) Qualifyin Costs. Those Acguisrt~on and Relocation Costs and Pub_lic_ _ _ _ __ ---g - - ------------------- - - - - - -- _ ~ --.--- oeietea: r - - ------ - - Development Costs which satisfy the requirements of Minnesota Statutes, Section 469.176, Subd. 4(j). Redevel~ment Plan. The Redevelopment Plan for the Cedaz Grove (~C) ------ , oeietea:: _ _ _ __ _ _ Redevelopment Project Area, as amended from time to time. Subordinate Mort¢ase. The Subordinate Mortgage in the form of Exhibit D (~) --- j ueietea: 88 ___ hereto to be executed upon the Commencement Date of each Phase. Completion of Substantial ComQletion or Substantially Complete. (~) ______ neietea: bb _ _ __ __ _ _ __ _ _ construction of a Unit or Units, except for interior finish. Tax Increment Financin District /TIF District Tax Increment Financin Deleted: cc 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. (fib Tax_Increment Financin Plan TIF Plan)_ The plan for_development of the _ --.---- Deleted: as 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. (cc)-___ Unit:- A townhome or village home constructed on_the Property in_accordance --.--- oeietea: ~e - - - - - ----------- with the Housing Plan Documents. i(~d Other Terms. Terms defined in other sections of this agreement have the -.---- oeietea: tr --- ------------- -------------------------------------------------------------------- ---------------------- meanings given them. Section 1.2 Exhibits. The following Exhibits aze 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. Subordinate Mortgage. E. Partial Release. F. City Fees and City Assessments. /6s 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 particulaz section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particulaz section or subdivision hereof aze to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement aze 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 the necessary commitments for the financial resources for acquisition of the Property and construction of the Improvements for Phase I and, if marketing goals and certain other conditions are metr_acquisition of the Phase II Pro a and _ ..--- Deleted: for prior Phases - - ---- ---- - -- - -p'~' ponstruction of the Improvements for Phase I)t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _. - - Deleted: Phase ~[ Property and - Deleted: and Phase III (c) The Developer will, to the extent required by this Agreement, demolish the buildings and other improvements on the Property and will construct the Improvements in 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, pazking facilities, or landscaping improvements which aze necessary in connection with the construction and operation of the Improvements. (d) The Development is comprised of uses permitted under the ordinances of the City and is in conformity with the TIF Plan and the Redevelopment Plan. (e) At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental laws and regulations, will have obtained any and all necessary environmental reviews, licenses or clearances under, and will /66 be in compliance with the requirements of the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and other applicable environmental [aws. (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. (g) The estimated Qualifying Costs relating to the Development are at least $ l soo,ooo. Section 2.2 By the EDA. The EDA makes the following representations asthe basis for the undertaking on its part herein contained: (a) The EDA is authorized by law 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 makes the following representations: (a) The City Fees and City Assessments applicable to the Property and Improvements for each Phase do not and will not exceed the amounts specified in Exhibit F. (b) The City 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 Construction of Improvements. The Developer expects to complete the Development in _ ~o_phases. Phase I shall contain,~I 8 Uni_ _ and Phase II shall_ contain 1 ] 2 - -"------f:-. Units. The Developer agrees that it will construct Improvements on the Property only in - accordance with the Housing Plans. Housing Plans for the Improvements shall be subject to approval by the City. Section 3.2 Completion of Construction. The Developer shall Substantially Complete 90% of the Phase I Units prior to December 31, OOZ 6 and (ii) Substantially_ _ _ _ _ ------- - ------------------ Complete 90% of the Phase II Units,~prior to December 31, 2007;_provided that if the EDA is - - - - - - -------- to acquire any Property for the Phase pursuant to Section 3.6, each of the foregoing dates shall be extended to a date which is 30 months following the date the EDA obtains title to all parcels of property in the Phase which is to be acquired by that method. All construction shall be inconformity 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. Section 3.3. The Subsidy. The City has commenced construction of local improvements under Minnesota Statutes, Chapter 429, known as Project 800R and 759R, consisting of road and other public improvements for Silver Bell Road and Cedar Grove Parkway which are being constructed at a presently estimated cost of approximately $10 million, a portion of which is to be assessed against benefitted property in the TIF District as the property is developed. Project 800R and Project 759R have been determined to be necessary to the redevelopment of the TIF District, including the Property. In consideration of Qualifying Costs to be paid by the Developer, the EDA shall provide subsidies to the Developer hereunder by payment, reimbursement or release from the amount of the City Assessments and City Fees as shown on Exhibit F for each Phase and Condemnation Expenses for each Phase. Upon the Commencement Date of each Phase and execution and delivery of the Subordinate Mortgage described in Section 3.4, the EDA and City shall make reimbwsement payments to the Developer or release the Property in that Phase from the levy or collection of the City Assessments and City Fees for that Phase. Section 3.4 Subordinate Mortear;e. Upon each payment or release of the City Assessments and City Fees made pursuant to Section 3.3 for each Phase, the Developer shall execute and deliver to the EDA a Subordinate Mortgage in the form of Exhibit D to secure the Developer's nonrecourse obligation to complete that Phase and pay any Phase Liquidated Damages. Upon Substantial Completion of each Unit in that Phase the EDA shall, at the request of the Developer, execute a Partial Release of the real property on which such Unit is located as described in Exhibit E. Deleted: three Deleted: 88 Deleted:, Deleted: 58 Units and Phase III shall contain 84 - - Deleted: 2005, - - Deleted: poor [o December 3I, 2006 end (iii) Substantially Complete 90 % of the Phase III Units /68 Section 3.5 Certificate of Comeletion; Payment of Subsidv. Promptly after notification by the Developer of the Substantial Completion of a Phase, the EDA shall inspect the construction to determine whether it has been Substantially Completed in accordance with the terms of this Agreement. In the event that the EDA determines that all Units of a Phase have been Substantially Completed in accordance with the Housing Plans and applicable regulations, the EDA shall furnish the Developer with a Certificate of Completion for that Phase as described in Exhibit B. Such certification by the EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct Units for that Phase. Section 3.6 Property Acquisition. Prior to the commencement of each Phase the Developer shall identify the parcels within the Phase it has acquired (the "Developer's Pazcels") and the additional pazcels necessary to be acquired for the Phase (the "Other Parcels"). With respect to the Other Parcels, the EDA may at its option either (a) authorize all or any designated Other Pazcels to be acquired by the Dakota County Housing and Redevelopment Authority as its agent or (b) directly acquire such other Parcels by negotiation or condemnation; provided, however, that (i) the EDA shall have no obligation to purchase or pay for any of the Other Parcels until the Developer has delivered the Letter of Credit to the EDA pursuant to Section 3.8 hereof, (ii) the EDA shall have no obligation to exercise its powers of condemnation until the exercise thereof is approved following a public hearing pursuant to Minnesota Statutes, Section 469.012, Subd. 1(6), and (iii) the EDA shall have no obligation to exercise its powers of condemnation if, in the opinion of the EDA's financial consultant, the anticipated cost renders the Phase financial unfeasible. If the EDA acquires any of the Other Parcels, the Developer shall make a cash reimbursement to the EDA for the actual direct cost of such acquisition and all related costs, except Condemnation Expenses, no later than the closing date of such purchase. In lieu of the acquisition by the EDA of the Developer's Parcels and reconveyance by the EDA of the Developer's Parcels to the Developer, the Developer shall at its expense acquire good and mazketable title to the Developer's Parcels from the existing owners. Any of the Other Parcels acquired by or on behalf of the EDA shall be conveyed to the Developer by quit claim deed. The EDA makes no representation or warranty as to the status of title to the Property or as to the suitability of the Property for the Developer's purposes. At the request of the Developer the EDA shall terminate the condemnation process for any parcel and, in that event, the Developer shall reimburse the EDA for any Condemnation Expenses and other costs and fees for which the EDA maybe responsible as a result of such termination. During the condemnation prflcess the EDA shall consult with the Developer on such matters as the selection of appraisers, settlements and appeals. Section 3.7 Demolition. Within 60 days after the acquisition of any pazcel of Property, the Developer shall commence demolition of all the buildings and other improvements thereon and proceed to complete the demolition with due diligence. Any demolition costs paid by the Developer or EDA with respect to the Property shall be deemed an Acquisition and Relocation Cost hereunder. /69 Section 3.8 Relocation. The EDA shall pay any relocation costs required to be paid by the EDA under Chapter 117, Minnesota Statutes, or any other law with respect to the Other Pazcels. Any relocation costs paid by or on behalf of the EDA or Developer shall be considered an Acquisition and Relocation Cost hereunder. Section 3.9 Letter of Credit. As security for its reimbursement obligations under Section 3.6 hereof, the Developer shall deliver to the EDA for each Phase a Letter of Credit issued by or other bank acceptable to the EDA, substantiall in the form on file -.---- ueiete~: a ----------------------------y - - -- ----------------- with the EDA. The Letter of Credit at all times shall be in an amount equal to at least the actual amount of unreimbursed Acquisition and Relocation Costs paid, incurred or reasonably estimated by the EDA to be incurred by the EDA and City hereunder for that Phase and shall otherwise be in a form acceptable to the EDA. Upon each reimbwsement of the EDA in accordance with Section 3.6 or demonstration that the full amount of the estimated Acquisition and Relocation costs are no longer applicable, the amount of the Letter of Credit may be reduced by a corresponding amount. Upon the issuance of the Certificate of Completion for each Phase, the EDA shall return the Letter of Credit to the Developer. The EDA may draw on the Letter of Credit for that Phase on the earlier of (i) 20 days prior to its expiration date, or (ii) the occurrence of an Event of Default hereunder. Section 3.10 Assessments. Except as limited by Section 3.3 hereof providing for the pavment, reimbursement or release of assessments for Project No. 800R and Project No. 759R, 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 their respective lawful shaze of the assessable costs of such public improvements. In addition, the property owners shall pay the cost of usual chazges for water and sewer utility service for the Property. The City and EDA represent that there are no existing plans for futwe improvements under Minnesota Statutes, Chapter 429, affecting the Property. Section 3.11 Reimbwsement of City. The released City Assessments and City Fees represent an advance by the City to the EDA for the payment of Qualifying Costs, whether or not such City Assessments and City Fees meet the definition of Qualifying Costs. The EDA shall reimburse the City for the amount of such City Assessments and City Fees from 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. ARTICLE IV. 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 for a Unit, neither the Developer nor any successor in interest to the Property or any part thereof other then the purchaser of a Unit, shall engage in any /~o financing or any other transaction creating any mortgage or other encumbrance or lien upon that Unit, 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 conunon interest community declarations and similar documents and 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 IV of this Agreement. Section 4.2 Representation as to Development. The Developer represents and agrees that its undertakings pursuant to the Agreement are for the purpose of implementation of the Development and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development to the general welfare of the EDA and the substantial financing and other public aids that have been made available by the EDA and the EDA for the purpose of making the Development possible, the qualifications and identity of the Developer are of particulaz 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 Assi~,nment 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 Improvement as certified by the EDA: (a) Except only (i) sales of completed Units, (ii) 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 (iii) 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 (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, 10 /7/ 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 IV 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. Section 4.5 Subordination and Modification for the Benefit of Mortgagees. (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 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. 11 /~a 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) Failwe 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. 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 failwe 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 cwe its default and continue its performance under this Agreement; (b) terminate this Agreement; (c) if the Event of Default is based on the failure to reimburse the EDA for Acquisition and Relocation Costs under Section 3.6, draw on the Letter of Credit; 12 / 9.3 (d) if the Event of Default is based on the failure of the Developer to substantially complete a Phase within the time prescribed for completion of the Phase under Section 3.2, the EDA shall be entitled to receive as liquidated damages the Phase Liquidated Damages applicable to that Phase and, upon failure of the Developer to pay the same, foreclose the Subordinated Mortgage without recourse to the Developer; or; (e) except in the case of a failure to pay Phase Liquidated Damages, for which the sole remedy is foreclosure of the Subordinate Mortgage, 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 confen•ed 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 may be deemed expedient. Tn 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 may be 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. 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. 13 icy 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 ~ _ _ As to_the Developer:__ _ _- __ - - - Deleted: o ------------- ----- Deleted: Delta Development, Inc. .--- Deleted: 3902CedaiwaleDrive •- ------ ------ -- - - -- -- - - - -- - - - - -- ------ ---- Deleted: Eagan, MN 55122 --- - - U.S. Home Corporation 93~ Wayzata Boulevard Wayzata, MN 55391 Attention; Wi111an7 Pritchard -,--- Deleted: MarkPatranto or at such other address with respect to any party as that party may, from time to time, designate in writing and forwazd 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. 14 /~s IN WITNESS WHEREOF, the EDA has caused this Agreement to be duly executed in their names and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By President And By Executive Director U.S. HOME CORPORATION Its CITY OF EAGAN By Mayor And By City Clerk 15 - Deleted: DELTA DEVELOPMENT, --------'-- INC. ---{Deleted: President / 76 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 i7~ STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of _ by ,the of U.S. HOME -. --~ Deleted: President of DELTA ------------- ----------------------" DEVELOPMENT, INC CORPORATION, a eIaware corporation, on behalf of said corporation. __ _ ------------------ ---------------------------- -------------------------- Deleted: Minnesota Notary Public 17 /7~ 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. ~ "'t''~°7---------- Notary Public 18 ----~{ Deleted: 794888.OG /7y EXHIBIT A DESCRIPTION OF PROPERTY A-1 /~d EXHIBIT B CERTIFICATE OF COMPLETION The undersigned hereby certifies that Delta Development, Inc. has fully and completely complied with its obligations for Phase _ under Article III of that document entitled "Amended and Restated Development Agreement," dated between the Eagan Economic Development Authority, the City of Eagan and U.S. Home Cor OratlOn -.-- Deleted: Delta DevelopmrnS Inc with respect to construction of the Improvements in accordance with the approved construction plans and is released and forever discharged from his obligations to construct under such above-referenced Article. DATED: ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director B-1 /~i EXHIBIT C Housing Plan Documents The Housing Plans consist of C-1 /sue EXHIBIT D SUBORDINATED MORTGAGE AGREEMENT MORTGAGE REGISTRY TAX DUE HEREON: $ THIS MORTGAGE AGREEMENT (this "Mortgage") is made this day of 200 between U.S. Home Corporation, a corporation under the laws of ..---- Deleted: oeiu nevelupmenymc. ----- - --------------------------------- _elaware ("Mortgagor"), and Eagan Economic DeveloEment Authority, a_public body __ _ _------ Deleted: Minnesota corporate and politic under the laws of Minnesota "(Mortgagee"). RECITALS A. Mortgagor and Mortgagee have entered into~n Amended and Restated Development__ -_-.--- Deleted: a Agreement dated as of (the "Development Agreement") for the development of certain property, including the properly described in Exhibit A. B. Mortgagee has required that this Mortgage be given to secure the obligations of the Mortgagor with respect to Phase _ under the Development Agreement and the payment of Phase Liquidated Damages, as defined in the Development Agreement, in the maximum amount of $ ,subject to reduction as provided in the Development Agreement. AGREEMENT Now therefore, for valuable consideration, the receipt of which is hereby acknowledged, Mortgagor agrees as follows: 1. Grant of MortEa~e. Mortgagor hereby mortgages to Mortgagee all of Mortgagor's right, title and interest in and to the land legally described on Exhibit A attached hereto, together with all improvements now or hereafter constructed thereon and all hereditaments and appurtenances belonging thereto (the "Property"), to have and to hold the same, unto Mortgagee, forever. Mortgagor represents to Mortgagee that Mortgagor has good right to convey the Property as set forth in this Mortgage. Term. This Mortgage shall have a maturity date of, and term ending on , D-1 /83 3. Mortea~or Covenant. Mortgagor covenants with Mortgagee that, except as provided in Sections 7 and 8 below, Mortgagee may enforce this Mortgage against the Property if Mortgagee does not receive the amounts, as may become due to Mortgagee as Phase Liquidated Damages under the Development Agreement in the maximum amount of 4. Morttagee Remedies. In case Mortgagee does not receive the amounts due to it described in Section 3 hereof, Mortgagor (a) confers upon the Mortgagee the option of declaring all such amounts to be immediately due and payable upon ten (10) days' written notice, and (b) authorizes and empowers Mortgagee, if such amounts are not paid within such ten (10) day period, to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest, and all legal costs and charges of such foreclosure and the maximum attorney's fees perntted by law. 5. Nonrecourse Obligation. Notwithstanding any provision appazently to the contrary contained in this Mortgage, (a) there shall be absolutely no personal liability on the part of Mortgagor (or any of its respective officers, directors, members, employees or agents) for payment of any amount to Mortgagee under this Mortgage, and (b) Mortgagee shall look solely to enforcing its rights under this Mortgage in the event of any failure to pay to Mortgagee any amounts due under this Mortgage. 6. Binding Effect. The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest. 7. Morteaae is Subordinate. Mortgagee agrees that this Mortgage is and shall at all times be and remain subject and subordinate to each and every past, present and future mortgage lien on the Property which is permitted by the Development Agreement with the same effect as if this Mortgage was executed, delivered and recorded after each such mortgage. Mortgagee agrees upon request to execute such further documents and instruments as may reasonably be requested by the holder of any mortgage lien to confirm such subordination. 8. Business 5ubsidy Act. The Mortgagee has determined and the Mortgagor has agreed that the loan secured by this Mortgage is not a "business subsidy" under Minn. Stat. Section 116J.993, subd. 3 (4). D-2 /85~ IN WITNESS WHEREOF, the parties hereto have caused this Mortgage to be signed on their behalf by authorized representatives as of the date first above written. U.S. HOME CORPORATION, -------------------- a elaw°are co oration ,~ - 1P----- -- -- ----- - - By: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) Deleted: DELTA DEVELOPMENT, -- " INC. -"--'- Deleted: Minnesota Deleted: President The foregoing instrument was acknowledged before me this day of , , by ,the of,U.S. Home Corporation. _ -.--~" Deleted: DeltaDevelopmm;Inc. a elaware corporation,_on behalf of said corporation. _ _ --.--- Deleted: Minnesota Notary Public D-3 /8s EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Its: Executive Director STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me this day of , by ,the Executive Director ofthe Eagan Economic Development Authority, a Minnesota public body corporate and politic, on behalf of the public body. 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 [SIGNATURE PAGE TO MORTGAGE AGREEMENT] D-4 /86 EXHIBIT A Legal Description of the Property D-5 /8~ EXHIBIT E PARTIAL RELEASE OF MORTGAGE (By Municipal Corporation) Based on Minnesota Uniform Conveyancing Blanks (Rev. 10-3-86) Date: FOR VALUABLE CONSIDERATION, the real property in Dakota County, Minnesota, legally described as follows: See Exhibit A attached hereto is hereby released from the lien of the Mortgage, owned by the undersigned, dated _ executed by Q.T.S. Home Corporation,_a_ _elaware corporation, as Mortgagor,__to Eagan Economic ___--- De~eted:DeltaDevelopment,lne. Development Authority, a political subdivision of the State of Minnesota, as Mortgagee, and filed for ~~ oe~eted: Minnesou~ record , as Document Number , in the Office of the County Recorder of Dakota County, Minnesota. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Name Its Executive Director E-1 /s~' STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of by ,the Executive Director of the Eagan Economic Development Authority, a political subdivision and municipal corporation under the laws of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) FAEGRE & BENSON LLP (SCR) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Phone:612-766-7000 SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) E-2 /SP EXHIBIT F Costs Phase I Phase II Total --.-- Deleted: Phase ID City Assessments __ 800R ---- Deleted: 5422,66447,015 759R ~$, ' ~ Deleted: S214,403 '>, '. Deleted: 5285,824 City Fees ~___-__---_------------ ~.,,~, Deletes: 5922,891 Trunk Utility - '~' •' '-------------------------*-------- ----- -------'--------------------- •'~ '', - Deleted: 19,210 Parks ~ '' ~, Deleted: 76,870 Trails ~~' Deleted: 143,095 Water Quality ~ ~ ~' '• -- , , ' Deleted: o. Total ,,'•, ', ~ 1z6,27z . ', ~-'--------------'----'-_~'--'------------------~--------------~------ -i~', 18,32 Deleted: o . 123,728 . /~ 16,104 ~~, Deleted: 50,522. r; 84,321. 11,559 Deleted: 0 Deleted: 50,522 . 334,321 . 45,983 ' Deleted: S609,511 ~,~', Deleted: 5380,015 ~', Deleted: 5507,266 Deleted: 51,496,812 MI~ oaRRR.07---------------- Deleted' 794688.06 F-1 /Pd EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 19~' day of August, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /9/