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09/16/2003 - City Council RegularAGENDA EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 16, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS Picture Eagan -Amateur Photo Contest Winners IV. CONSENT AGENDA ~• o~ A. APPROVE MINUTES ~• 11 B. PERSONNEL ITEMS P. 13 C. CHECK REGISTERS ~.It} D. APPROVE Amendment to City Ordinance 10.30 regarding Curfew P, 1~ E. APPROVE Ordinance Amendment Regarding Disposal of Unclaimed and Abandoned Property pall F. APPROVE Letter of Agreement - Lease/leaseback Transaction ~. 3y G. APPROVE Change Order #14 -Community Center ~• ~, H. APPROVE Change Order #3 -Rotary Band Shell 31v I. AUTHORIZE Signature and Execution of Contract Documents for the Natural and Scenic Area Q• Grant in the Amount of $349,703 for the Acquisition of the Lee and Laurel Anderson Property Q a ~ J. APPROVE Final Subdivision, Piney Woods -Manley Land Development `~•~ ~ K. APPROVE Final Subdivision, Centennial Ridge 2°d -Manley Land Development P.L. APPROVE Final Subdivision, Marcella Woods -Marcella Woods Partnership P SsM. APPROVE Final Plat -Nature Preserve -Manley Land Development P•s1 N. APPROVE Extension Conditional Use Permits -Spectrum Development Group, LLC ~ O. APPROVE Final Plat, Oak Cliff Place -Bauer Dental Care ~,(p~ P. RECEIVE Bids /Award Contract -Contract 03-13 (Borchert Lane -Street and Utility Improvements ~P• ~ Q. AUTHORIZE Update of Grand Oak AUAR by SRF Consulting, Inc. P•~ R. APPROVE Authorization to Reactivate the Revolving Loan Fund Program and Direction to the Economic Development Commission to Prepare a Program Application and Review Process for Council Consideration P' 7a S. APPROVE 2003 Budget Adjustment -Health Insurance Accruals ~•1 i T. APPROVE Antenna Lease agreement with ATT for Safari Reservoir Q•~ U. APPROVE Revision to the minutes of the August 19, 2003 City Council meeting P~~S V. APPROVE Public Works Committee Recommendation for Dispute Resolution for Project 817 (Viburnum Trai] -July 2000 Storm Mitigation Improvements) x.'17 W. APPROVE -Resolution Supporting the Dakota County Economic Development Partnership E- Commerce Ready lniative ~.~bX. APPROVE -Service Agreement to Perform Phase I Environmental Review for Portions of the Nicols Ridge Development Property in the Cedar Grove Redevelopment District, Braun Intertech, and Resolution to Give Notice of Intent to Enter to Affected Property Owners P•~{~' Y. DIRECT City Attorney to prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks, newsstands, and newspaper vending boxes p.99 Z. Authorize Advance Emergency Vehicle Pre-Emption Detector for Intersection of Cliff Road and Galaxie Avenue V. PUBLIC HEARINGS p•la~ A. VARIANCE -Manley Land Development - A Variance request of three feet to the minimum 10 foot side yard setback for living space on Lot 2, Block 2, Natures Edge located at 690 Rosa Court in the NW '/, of Section 36. p,(~q B. VARIANCE -Manley Land Development -Variance requests of 10 feet for parking and 19 feet for pavement from the required 20-foot setback from a public right-of--way, and a Variance of 18 feet to the required 20-foot setback for pavement from a side yard for the Nature Preserve l~Q Addition, located at 1560 Yankee Doodle Road in the NW 114 of Section 16. C. EASEMENT VACATION - Drainage and Utility Easement, Lot 9, Block 2 Lexington Parkview P.1~ D. EASEMENT VACATION -Drainage and Utility Easement, Greyhawk Addition VI. OLD BUSINESS p dab A. ACCEPT Findings of Fact for Denial of a Planned Development Amendment for Sam's Club ,~. ~9 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 IS` Addition, located at 4510 Erin Drive in the SW '/< of Section 30. (continued from the September 2"d meeting). ~• i3! C. REDEVELOPMENT DISTRICT PROGRESS REPORT -Receipt of Report and Affirmation of Vision, Goals and Next Steps, Approval of Revised Architectural Design for Nicols Ridge and Designation of Council Committee to Clarify Acquisition and Private Improvement Policy, Cedar Grove Redevelopment District VII. NEW BUSINESS ~. ~ 3S VIII. BOARD OF ADJUSTMENTS AND APPEALS -CENTRAL IRRIGATION IX. COMMUNITY CENTER UPDATE X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA P,'y gXII. ECONOMIC DEVELOPMENT AUTHORITY XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. ADJOURNMENT XV. 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. - z }~ `~ ~ - } ~~~ ~~ ~~ti~ ;, ~ ~ ~~ MEMO '~ city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 2003 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 16, 2003 CITY COUNCIL MEETING AllUYT AGENllA After approval is given to the September 16, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 16, 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 September 2, 2003 regular City Council meeting and the September 2, 2003 Listening Session as presented or modified. ATTACHMENTS: • Minutes of the September 2, 2003 regular City Council meeting are enclosed on pages through ~. • Minutes of the September 2, 2003 Listening Session are enclosed on page/~ a a,~ MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 2003 A regular meeting of the Eagan City Council was held on Tuesday, September 2, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councihnembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary /Deputy Clerk Mira McGarvey. AGENDA Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Mayor Geagan recognized Councilmember Maguire for his resent appointment as a Humphrey Institute Fellow. CONSENT AGENDA Items E and N were pulled for discussion. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the August 19, 2003 regular City Council meeting as presented, the August 19, 2003 Listening Session, and the August l2, 2003 Special City Council meeting. B. Personnel Items. C. Check Re isg ters• It was recommended to ratify the check registers dated August 21, 2003 and August 28, 2003 as presented. D. 'Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor license for Outdoor Management, Inc. E. Joint Powers Agreement for Dakota County Domestic Preparedness Agency. Pulled F. Memorandum of Agreement. It was recommended to approve a Memorandum of Agreement for Eagan's participation with Dakota County and other Dakota County cities in the update of the Dakota County Public Safety Radio Plan Update. G. City Sponsorship. It was recommended to approve City sponsorship of the New Urbanism and Redevelopment Conference being hosted by the Minnesota Real Estate Journal and the University of St. Thomas on November 6, 2003. H. Surplus Property. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus and sold at the Dakota County auction on September 27, 2003. I. Contract for Auction Sales Service. It was recommended to approve a contract with Dakota County for auction services in conjunction with the Dakota County auction to be held on September 27, 2003. J. Final Subdivision /Final Planned Development. It was recommended to approve a Final Subdivision (Blue Ridge Fifth Addition) to create one lot on approximately 20.7 acres located northwest comer of Lone Oak Road and lone Oak parkway in the SW '/, of Section 1; and to approve a Final Planned Development for construction of a 43,000 square foot office, warehouse and manufacturing building on Lot 1, Block 1; Blue Ridge Fifth Addition. K. Final Subdivision . It was recommended 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'/< of Section 10. L. Service Agreement. It was recommended to approve a Service Agreement with American Engineering Testing, Inc. and authorize designated City staff to execute work orders for requested engineering services. M. Proiect 859. It was recommended to authorize the preparation of a feasibility report by WSB and Associates, Inc. for Projects 859 (Trunk Highway 55/Lexington AvenueBlue Gentian Road -Intersection 3 Eagan City Council Meeting Minutes September 2, 2003 Page 2 °RaFr Improvements) and 877 (Lexington Avenue (CSAH 43, Lone Oak Road to Trunk Highway 55 -Street Improvements). N. Project 764R Pulled O. Protect 875. It was recommended to receive the Final Assessment Roll for Project 875 (Lexington Place/LexingtonPhce South -Street Overlay) and schedule a public hearing to be held on October 7, 2003. P. Project 876. It was recommended to receive the Final Assessment Roll for project 876 (Drexel Heights - Street Overlay) and schedule a public hearing to be held on October 7, 2003. Q. Contract 03-12. It was recommended to reject the bids for Contract 03-12 (TH 13 & Silver Bell Road - Intersection Improvements), and authorize re-advertisement for bids in early 2004. R. Contract 03-01. S. Proposal for Volunteer Fire Department. It was recommended to direct staff to proceed with developing a proposal for transition of the Volunteer Fire Department from an organizational entity to a city Department. T. Transfer of Funds. It was recommended to approve the transfer of the General Fund fund balance designated for bond retirement to debt service funds as follows: 2000 EDA bonds Debt Service Fund $2,409,373 1993 Fire Facility Bonds Debt Service Fund 371,267 Total $2,780,640 E. Joint Powers Agreement. Tom Hedges and Chief of Police Therkelsen discussed the City's domestic preparedness program and training. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the Joint Powers Agreement for Dakota County Domestic Preparedness Agency. N. Project 764R. Councilmember Maguire noted that he would be abstaining from voting on this item due to his residency in the area. Councihnember Tilley moved, Councihnember Fields seconded a motion to receive the Final Assessment Roll for Project 764R (Sehnark/Harvey/Bunview -Street Overlay) and schedule a public hearing to be held on October 7, 2003. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE -DAN AND ANNETTE MCKEAG City Administrator Hedges introduced this item regarding a request for a six foot Variance to the minimum 30 foot structure setback from a public right-of--way for an addition to their home and a deck at 976 Pointe Way. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Carlson moved, Councihnember Tilley seconded a motion to approve asix-foot Variance to the minimum 30 foot structure setback from a public right-of--way for an addition to their home and a deck at 976 Pointe Way, legally described as Lot 10, Block 3, Lexington Pointe, in the NE Y< of Section 26 subject to the fallowing conditions: Aye: S Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use pernutted in the variance. 2. The exterior materials of the additions shall match those on the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building pemut must be obtained prior to construction. Eagan City Council Meeting Minutes /1~ September 2, 2003 ~„J Page 3 T VARIANCE - CITY OF EAGAN City Administrator Hedges introduced this item regarding a request for afive-foot Variance to the trunimum ten-foot side yard setback for living space at 3966 Arlene Court. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to Council. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve afive-foot Variance to the minimum ten foot side yard setback for living space at 3966 Arlene Court, legally described as Lot 15, Block 1, Perron Acres, in the SE '/< of Section 24 subject to the following condition: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. YANKEE DRIVE -RIGHT OF WAY VACATION City Administrator Hedges recommended this item be tabled until the December 1, 2003 Council meeting. Councihnember Maguire moved, Councihnember Tilley seconded a motion to continue the consideration of the vacation of public right-of--way known as Yankee Drive between Yankee Doodle Road and Trunk Highway (TH) 13 until December 1, 2003, with the following conditions: Aye: 5 Nay: 0 1. The Council requested traffic study funded by the applicant is completed. 2. The area property owners are notified of the December 15` hearing. PROTECT 893, DIFFLEY FRONTAGE ROADS STREET IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 893 (Diffley Frontage Roads -Street Improvements). Assistant City Engineer John Gorder gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and fumed discussion back to the Council. Councihnember Carlson moved, Councilmember Maguire seconded a motion to approve Project 893 (Diffley Frontage Roads -Street Improvements) and authorize the preparation of detailed plans and specifications and the acquisition ofright-of--way and easements through quick-take Eminent Domain, if necessary, with the following condition: Aye: 5 Nay: 0 1. Bidding and construction to occur in Fa112004. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. City Administrator Hedges introduced this item regarding a request for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. Senior Planner Ridley gave a staff report. The applicant, in response to questions by Council, discussed the proposed parking plan and traffic pattern. Councihnembers agreed that an improved access plan needs to be addressed. Eagan City Council Meeting Minutes September 2, 2003 Page 4 dRAFT Councihnember Carlson moved, Councilmember Maguire seconded a motion to duect staff to prepare Findings of Fact for denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. Aye: 4 Nay: 1 Tilley opposed. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) City Administrator stated the applicant has requested that this item be continued to the September 16, 2003 Council meeting. Councihnember Maguire moved, Councihnember Tilley seconded a motion to continue consideration of a Planned Development Amendment for Eagan Hotel Group, LLC until September 16, 2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT CLARIFICATION -TREE MITIGATION PLAN REQUIREMENTS, KEYSTONE COMMUNITIES City Administrator Hedges introduced this item regarding a request for clarification of a tree mitigation plan requirement by Keystone Communities. Senior Planner Ridley gave a staff report. Doris Dahline discussed the proposed landscape plan in relation to the zoning ordinance. She stated she felt it was premature to consider the tree mitigation plan until the impervious surface percentage is addressed. Councilmembers and staff discussed the need for a specific tree mitigation /tree preservation and landscaping requirements for the Cedar Grove redevelopment area. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the Tree Mitigation and Landscape Plans for Keystone communities associated with their development of a four-story, 129 unit senior independent and assisted living apartment building on approximately 2.3 acres located at the southeast corner of Silver Bell Road and Cedar Grove Parkway in the NW '/4 of Section 20. Aye: 5 Nay: 0 Councilmember Carlson moved Councilmember Tilley seconded a motion to duect staff to develop, along with the Advisory Planning Commission, and present a tree mitigation /tree preservation and landscaping requirements for the Cedar Grove redevelopment area at the November 18, 2003 City Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 2004 BUDGET AND PROPERTY TAX LEVY, SET TRUTH- IN-TAXATION HEARING DATES, AND CHANGE THE DATE OF THE FIRST REGULAR AND SPECIAL COUNCIL MEETINGS IN DECEMBER City Administrator Hedges discussed the preliminary 2004 budget, the preliminary General Fund expenditure budget, the initial Truth-in-Taxation hearing date, the date of the fast regular City Council meeting in December and the special City Council meeting in December. He stated that Council and staff had developed the proposed budget at previous work sessions. Mayor Geagan commended the Council and staff for all the effort and hours spent in developing the 2004 budget. Councihnember Maguire moved, Councihnember Tilley seconded a motion to approve the preliminary 2004 property tax levy as follows: Aye: 5 Nay: 0 General Revenue levy: General Fund $17,351,480 Equipment Revolving Fund 834,980 Major Street Fund 1,150,708 Subtotal -General Revenue Levy 19,337,168 Community Center bonds debt service 1,086,476 Eagan City Council Meeting Minutes September 2, 2003 Page 5 Cedarvale Special Services District 2.000 Total Levy $20,425,644 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the preliminary General Fund expenditure budget, including contingency, of $21,778,700. Aye: 5 Nay: 0 Mayor Geagan moved, Councilmember Maguire seconded a motion to set the initial Truth-in-Taxation hearing date for Monday, December 1, 2003 with a continuation hearing date (if necessary) of Monday, December 8, 2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to change the date of the first regular City Council meeting in December from December 2 to December 1, 2003. Aye: 5 Nay: 0 Councilmember Fields moved, Councihnember Tilley seconded a motion to change the date of the December 9 Special City Council meeting to December 8, 2003. Aye: 5 Nay: 0 CONDITIONAL USE PERMITS - VELMEIR COMPANIES City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit to allow adrive- through facility and a pylon sign for CVS Pharmacy on Lot 1, Block 1, DiffIey Plaza. Senior Planner Ridley gave a staff report. Brian Altan, representing Velmeir Companies, was present to answer questions of the Council. Councihnembers discussed parking, lighting and potential future use of the site. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Conditional use Permit to allow adrive-though facility for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the following conditions: Aye: 5 Nay:0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Lighting shall have no direct source visible from the public right-of--way or adjacent land. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Conditional Use Permit to allow a pylon sign for CVS Pharmacy on Lot 1, Block 1, Diffley Plaza; subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Pemut shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. 3. The pylon sign design shall be modified to incorporate a 4 foot base made of the same brick used for the principle building. INTERIM USE PERMIT - WAL-MART City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Centre Drive. Senior Planner Ridley gave a staff report. John Hamm, Manager of Wal-Mart in Eagan discussed the need for an interim use permit for outside storage during the store's peak sales period from October to December. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outside storage of up to ten storage containers within the existing garden center at the Wal-Mart store at 1360 Town Eagan City Council Meeting Minutes ~ D A September 2, 2003 (` /r-~ T Page 6 Centre Drive, legally described as Lot 1, Block 1, Town Center 70 Eleventh Addition, subject to the following conditions: Aye: 4 Nay: 1 Geagan opposed. 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the City. 2. The Interim Use Permit shall terminate December 31, 2005. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Counci] with all interested parties being given an opportunity to be heard. 4. The outdoor storage shall be allowed only between October 1 and December 31 of each year. 5. There shall be no more than ten (10) storage containers and the containers shall be located within the fenced area south of the building. 6. The storage trailers shall be located within the garden center according to the site layout as approved by the City Fire Marshal, including the five-foot separation between trailers located end to end. 7. The storage area shall be screened from view from the public right-of--way and other retail areas. Screening shall be provided by a dark green canvas attached to the wrought iron fence. 8. Access into the fenced storage area during the time the trailers are being stored shall be restricted to employees only. ORDINANCE AMENDMENT -ZONING MAP UPDATE City Administrator Hedges introduced this item regarding the publication of the Zoning Map incorporating recommended rezonings as part of approved special area plans and approved rezonings since the last map publication. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the publication of the Zoning Map of the City of Eagan, Minnesota, pursuant to Chapter 11 Entitled "Land Use Regulations "(Zoning)" Section 11.20 Subd. 2 of the City Code, incorporating recommended rezonings as part of approved Special Area plans and approved rezonings since the last map publication. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges updated the Council on current activities at the Community Center. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges provided information regarding the Noise Oversite Committee. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:40 p.m. to allow the Economic Development Authority to convene. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion reconvene the regular City Council meeting at 8:42 p.m Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:43 p.m. Aye: 5 Nay: 0 S Eagan City Council Meeting Minutes September 2, 2003 Page 7 Date BRA F T Deputy City Clerk Tf you need these minutes in an alternative form such as lazge print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 9 ~R '~ Fl MINUTES OF A LISTENING SESSION OF THE EAGAN CITY COUNCIL SEPTEMBER 2, 2003 6:00 P.M. The Eagan City Council held a Listening Session on September 2, 2003 at 6:00 p.m. In attendance were Councilmembers Carlson, Fields, Tilley and Maguire. Mayor Geagan was absent. Three residents were present expressing concern regarding outdoor storage at a neighboring property on Cherrywood Court. Councilmembers and staff discussed the current ordinance regulating outdoor storage. Staff was given direction to survey other Cities regarding outdoor storage regulations and initiate an ordinance amendment. Staff was also directed to prepare a memo to Council outlining what is currently being addressed by staff on the subject property. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk ~a Agenda Information Memo September 16, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Custodian/Maintenance Worker/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Michael ltiedlberger as a part-time custodian/maintenance worker at the Community Center. Item 2. Part-time Seasonal Football Officials-- ACTION TO BE CONSIDERED: To approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken Freeman as part- time seasonal football officials. Item 3. Part-time Seasonal Basketball Scorekeepers-- ACTION TO BE CONSIDERED: To approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. Item 4. Part-Time ConcessionsBuilding Attendant ACTION TO BE CONSIDERED: To approve the hiring of Erinn Swinton as a part-time ConcessionsBuilding Attendant at the Community Center. Item 5. Resignation/Community Service Officer-- ACTION TO BE CONSIDERED: To accept the resignation of Henry Cho, Community Service Officer. Item 6. Vacation Balance Limit ACTION TO BE CONSIDERED: To approve cone-time procedure whereby employees currently over the allowable vacation balance limit may reduce their hours below that Iimit before December 31, 2004 and whereby no accruals in excess of the allowable limit will be permitted after that date. Agenda Information Memo September 16, 2003 Eagan City Council Meeting FACTS: In the 2002 audit of the City's financial procedures, the auditors reconunended that __ employees not be allowed to exceed the current allowable vacation balance limit as listed in the City's Personnel Policy and collective bargaining agreements. The Personnel Committee of the City Council met on September 4 to review possible altematives to accomplish this. The recommendation of the Personnel Committee is that: 1. There be no change to the existing maximum balance amount. 2. That employees who currently exceed the current allowable balance by 100 or more hours be paid at 2003 rates to reduce the balance to the maximum. Payments can be made up to three times on October 1, 2003, February 1, 2004 and February 1, 2005 in cash or placed in the employees 457 Deferred Compensation Account, employee's choice. 3. That, as of 12-31-04, all balances above each employee's limit will be eliminated (no compensation). After that date, no vacation hours will accrue or will be carried in excess of the maximum limit for any employee. • There will be no effect on the budget as a result of this action because money has already been allotted to vacation time. Item 7. Budget Adjustments ACTION TO BE CONSIDERED: To approve 2003 budget adjustments to compensation for the City Administrator in order to conform with State Statute 43A.17. FACTS: • State Statute 43A.17 requires that no employee of a political subdivision be paid more than 95% of the Governor's salary. • The City's compensation plan for non-collective bargaining employees has been designed to conform to requirements of State Statutes, Chapter 471. According to that compensation plan, the City Administrator's compensation would exceed the salary cap. • The Personnel Committee of the City Council met on September 4 to review possible alternatives to adjust the Administrator's compensation to conform to State Statute 43A.17. • It is the committee's recommendation that the following adjustments be made: 1. The City Administrator's 2003 compensation be reduced to conform to the salary cap requirements. 2. The City Administrator's health insurance premium be paid in full by the City. 3. The City Administrator's car allowance be reduced. • These adjustments would not result in any changes to the 2003 budget. 'Dl Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 4, 2003 and September 11, 2003 as presented. ATTACHMENTS: • Check registers dated September 4, 2003 and September 11, 2003 are enclosed without page number. IJ Consent Agenda Information Memo September 16, 2003 Eagan City Council Meeting Approve Ordinance Amendment Regarding Curfew ACTION TO BE CONSIDERED: Approve amendment to City Ordinance 10.30, Curfew. FACTS: • In 1995 the Dakota County Board adopted a countywide curfew ordinance. • The intent of the ordinance, which was adopted by counties throughout the metropolitan area, was to eliminate the patchwork of curfew regulation which existed and created confusion for children and their parents. • Eagan has enforced and promoted the countywide ordinance through various publications, the web page and educational efforts. • It was recently brought to staff's attention that the City of Eagan has never amended City Ordinance 10.30 to be consistent with the countywide ordinance. • On August 4, 2003 at their regular City Council meeting, council directed staff to prepare an ordinance amendment to conform the Eagan City Code to the Dakota County curfew ordinance. • The City Attorney's Office has prepared the ordinance amendment for Council consideration. ATTACHMENTS Attached on pages 1~ through ~ is a copy of the draft ordinance amendment. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.30 REGARDING CURFEW; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: follows: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10.30, to read as Subd. 1. Curfew--Minors under the age of 46 12. It is unlawful for any minor person under the age of ~-H 12 years to be °,~ upon the streets or in any public places between the hours of x$:99 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the day next following and any time between 10:00 p.m. on an Friday or Saturday and 5:00 a.m. on the day next followin¢. Subd. 2. Curfew-Minors who are Il to 14 xears of age. It is unlawful for any minor person 12 to 14 years of age to be upon the street or in any public place between the hours of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the day next following and any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. of the da~next following. Subd. ~ 3. Curfew--Minors who are S 16~ or 17 years of age. It is unlawful for any minor person 15, 16, or 17 years of age to be er-lei~e~ upon the streets or in any public places between the hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the day next followin ag nd any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunda .' ~.nn ....,:a,.;~~,..,.,a c.nn „ ~~«t,e a.,...,o,,. F it,.~,~;,.,~. Subd. ~ 4. Curfew--Parents and guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. -4- 5. Curfew--Places of amusements, entertainment or refreshment. It is unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment or other place of business to allow or permit any minor person under the age of 18 years to be or loiter in such place in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. This subdivision shall not be construed to permit the presence, at any time, of any person under age in a ny p lace where h is presence i s o therwise prohibited by law. Subd. ~- 6. Exceptions. Such curfew shall not apply to any students under the age of 18 years who are lawfully attending, going to or returning from school, church, or community-sponsored athletic, musical or social activities or events, or employment. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CTI'Y OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: /b Consent Agenda Information Memo September 16, 2003 Eagan City Council Meeting E, Approve Ordinance Ammendment Regarding Disposal of Unclaimed and Abandoned Property ACTION TO BE CONSIDERED: Approve amendment to City Ordinance 2.70, Disposal of abandoned motor vehicles, unclaimed property and excess property ". FACTS: • The police department is in possession of dozens of firearms relating to 44 cases dating back to 1994. • The firearms meet the definition of abandoned or unclaimed under city code. • The Police Department would like to dispose of the firearms either by conversion to departmental use (very few of these weapons would be suitable), transfer to the Minnesota Bureau of Criminal Apprehension for their ballistic testing database, or destruction. • Current City Code only allows for public sale of unclaimed or abandoned property. • At the August 4, 2003 meeting the City Council directed staff to prepare amendments to City Ordinance 2.70 to allow for destruction, conversion to departmental use, or transfer to the Minnesota Bureau of Criminal Apprehension. • During their research of this issue, the City Attorney's office also proposed an amendment dealing with the retention and disposal of intangible property to conform with State Statute. • Disposal of unclaimed or abandoned property through sale or other allowed methods will continue to require City Council approval. ATTACHMENTS Attached on pages ~ through~~ is a copy of the draft ordinance amendment. I? DRAFT - 8.26.03 ORDINANCE NO. ! 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.70, SUBD. 2, REGARDING DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.70, subd. 2 to read as follows: Subd. 2. Disposal of unclaimed/abandoned property. A. Definition. The terms "abandoned tan ible property" or "unclaimed tan ig'ble ro ert 'means tangible ^r ~'~ property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared such abandoned or unclaimed pro~erty by a resolution of the c~ council. The term "abandoned intan ig ble property" or "unclaimed intan ig~ble property" means intangible property that has remained unclaimed by the owner and has been in the possession of the city for more than three (3~ years and has been declared abandoned or unclaimed property by a resolution of the city council. B. Preliminary notice. If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon h~ the owner at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the city administrator, notice shall also be served upon him such prior holder. Such notice shall describe the property and state that unless it is claimed and proof of ownership or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of 30 days from the date of such notice. C. Notice and sale disposal of tangible property. Except as provided otherwise for certain other tan igible property, I3upon adoption of a resolution declaring e-erta}n tangible property to be abandoned property, the city administrator shall publish a notice thereof describing the same, together with the names, if known, and addresses, if known, of prior owners and holders thereof and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner l~ DRAFT - 8.26.03 directed by the council in its resolution declaring property abandoned and stated in the notice. Notwithstanding the foregoing_provisions of the Subparagraph, firearms, narcotics or other drug's, drug_paraphemalia, andweapon constituting a dangerous weapon under the City Code, or other contraband that is declared to be unclaimed and abandoned property and continued possession by the City is not necessary for any criminal prosecution proceedings or purposes may be destroyed, or kept by the City for official police use, or given to the Minnesota Bureau of Criminal Apprehension for its ballistic testing database, as determined by City Council, in lieu of disposal by sale as provided herein, provided the city administrator publishes notice thereof as required for the sale of abandoned property as provided herein. D. Fund and claims thereon. All proceeds from such sate shall be paid into the general fund of the city and expenses thereof paid therefrom. The former owner, if he makes claim within eight months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, maybe paid the amount of cash or negotiables or, in the case of property sold, the amount received therefore, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. E. Disposal of intan ible property. Any intangible property that is deemed abandoned or unclaimed and held b ty_he city for the owner shall be subject to the reporting_to and disposal with the Minnesota Commissioner of Commerce as required by Minn. Stat. Chapter 345. This provision shall apply only to intan ig ble personal property which is held for the owner by the city and not tan i~ble personal property that is merely held by the city in the course of its normal municipal operations. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk By: Pat Geagan Its: Mayor ~q DRAFT - 8.26.03 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: o(~ Agenda Information Memo September 16, 2003, Eagan City Council Meeting ._. APPROVE LETTER OF AGREEMENT - LEASE/LEASEBACK TRANSACTION ACTION TO BE CONSIDERED: To authorize staff to continue to work with Allco Financial Corporation (Allco) in the evaluation and structuring of a possible lease/leaseback transaction for city wastewater and drinking water assets; and authorizing the Mayor and City Clerk, subject to city attorney review and approval, to enter into a letter of agreement with Allco for purposes of evaluating the feasibility of such a lease/Ieaseback transaction. FACTS: • At the Special City Council Meeting held August 26, 2003, the City Administrator presented a memo received from the League of Minnesota Cities (LMC) regarding the possibility of the League partnering with Allco Financial Corporation to create a fmancial transaction whereby Minnesota cities can raise immediate cash through the lease/leaseback of their water and wastewater systems. • The City Council directed the issue to the City Council Finance Committee which met on September 4, 2003. • The Finance Committee directed staffto contact other cities to get more information from them about the basis for their decisions on whether or not to continue to research this potential transaction. • The Finance Committee cautioned that while there may be an opportunity to raise some immediate cash, they are only endorsing the continued investigation of the transaction at this time. • The final decision to participate or not participate in the transaction will be made later after more and better information has been gathered. Assuming the City goes forward with the transaction, the receipt of any money could be a long way in the future. ATTACffiVIENTS: • Enclosed on pages oZe~?. through ~_ is a copy of the original memo provided by the LMC. • Enclosed on pages o'~7 through ~_ is a copy of a staff summary as presented to the Finance Committee. • Enclosed on page ~ is a copy of the notes form the Finance Committee meeting. • Enclosed on page 2 ~ is a summary of additional comments gathered to date from other cities. • Enclosed on pages ~ through ~~ is a copy of an update from the LMC clarifying the current statu s and suggesting a course of action for cities interested in continuing to investigate a potential transaction. ~~ ~ League of Minnesota Cities M JUL 14 145 University Avenue West, St. Paul, MN 55103-2044 2003 (651) 281-1200 • (800) 925-1122 L~ of M;rnasvta C;e;e. Fax: (651) 281-1299 • TDD: (651) 281-1290 C;t;w prm,.otiny ¢xc¢I~¢nca www.lmnc.org July 12, 2003 Tom Hedges, Administrator City of Eagan 3830 Pilot Knob Rd Eagan MN 55122-1810 Deaz Tom: The League has been approached by Allco Finance Corporation about the possibility of partnering to create a financial transaction whereby Minnesota cities can raise immediate cash through the lease/leaseback of their water and wastewater systems. After a good deal of investigation, the LMC staff and Board aze convinced that the concept has merit and it is worth exploring whether our members would be interested. Simply stated, participating cities lease their water and/or wastewater infrastructure to a large private investor (i.e., a large bank or insurance company) over an extended period of time. At the same time, they immediately "leaseback" the same facility for continued city use and operation. The benefit to the private investor is certain tax considerations. The investor covers all transaction and closing costs, and the amount paid to the city by the investor is sufficient to make all of the city's future lease payments. During the term of the "leaseback" (usually 30 years), the city continues to own, operate, and improve the facility as if the lease did not exist. Because of the tax advantages, at closing the investor is able to provide the city with aone-time, up front cash benefit equivalent to about 3% - 4% of the capital asset value. For example, if a wastewater system is valued at $25 million, the city will realize a cash benefit of up to $1 million at closing, assuming 4%. In general, the funds would be available for any use the city wished. Initial reactions to the idea aze usually understandable: "it just sounds too good to be true." Some may also have objections to such use of federal tax depreciation credits. But the fact is that such transactions are fully allowed under IRS code and regulations, and lease/leaseback has already been extensively used with public transit systems and other infrastructure around the country, and, in fact, the world. Because the transit market has largely been exhausted, corporate investors are now seeking new opportunities in water and wastewater systems. Allco is currently structuring programs for cities in North and South Dakota, where the concept has been warmly received. In South Dakota they are nearing a closing that involves over $1 billion in municipal assets. AN EQUAL OPPORTUNITY/AFFIRMATI4E ACTION EMPLOYER Dorsey & Whitney LLP serves as counsel to Allco, and has concluded that the program can work well under existing Minnesota taw. As a part of the League's initial diligence, we retained Kennedy and Graven for an independent review. They concluded, that with a few administrative clarifications, the idea is legitimate and potential liability to the cities should be minimal. I am attaching additional information to help you understand and evaluate the potential of the program for your city. These include: a one-sheet Concept Overview; a schematic of how the transaction is structured in South Dakota; and a dra$ of Allco's role in putting together the transactions. LMC has now agreed to assist Allco in determining whether there is sufficient interest to put together a pilot program in Minnesota. Because larger cities are those with the level of assets necessary to make the program viable, Allco has asked that the pilot start with metropolitan suburbs over 50,000 and Greater Minnesota cities over 20,000. There are nine cities in each category, for a possible total participation of 18 Minnesota cities. Your city, of course, is among them. What we're asking for at this time is an hour of your time for a Webex conference call where Allco will further introduce and explain the concept. That call will take place on Wednesday, July 30th, 1:30 - 2:30 p.m. The Webex feature allows you to log on to a Website to view a PowerPoint presentation while listening to the presentation over the phone. You aze most welcome and encouraged to have others join you for that call. For those who want to learn even more and have individual concerns and questions addressed, there will be a follow up face-to- face meeting at the LMC offices on Wednesday, August 13,1:00 - 3:00 p.m. The LMC Board will be considering whether to enter a formal agreement with Allco at its meeting of Thursday, August 21St. The Board's final decision will be influenced by the reactions and interest of the pilot group. If the pilot project goes well, Allco is likely to work with us to expand the program to smaller cities in the near future. If you would like to be included in the July 30 conference call, please contact LMC Director of Member Services Kevin Frazell either by phone at 651-281-1215 or by e-mail at kfrazell@lmnc.org. Kevin can answer preliminary questions you may have. If we have not heard from you within a week or so, expect Kevin to give you a call to determine your potential interest. Participation in that initial conference call is all we're asking for at this time; you have absolutely no further obligation after that call. Sincerely, James F. Miller Executive Director a~ A1.LC0 Finance Concept Overview The purpose of a Long-Term Lease/Leaseback transaction is to allow tax-exempt entities such as the municipalities of Minnesota, or even the state itself, to enter into a transaction whereby they lease to a private entity such as a very large bank or insurance company, an asset, and then immediately leaseback the asset. Through this lease and leaseback transaction, the tax-exempt entity receives a significant cash benefit (typically 3%-4% of fair-market-value of the asset} at execution of the agreement, and retains operating control of the system. The private entity receives tree benefit of the depreciation on the asset over the life of the lease and transaction costs as offsets to its income. For example, a Minnesota political sub-division, (through the assistance of Allco) leases certain qualified assets to a large bank, and then immediately leases the assets back on a lease of approximately 30 years. The same opportunity applies to state assets. Through the transaction, the political sub-division receives at the execution of an agreement, cash from the bank as the 100% up-front "Long-Term Lease payment" on the assets. Approximately 96%-97% of this cash is immediately placed by the political sub- division into an account. These accounts, known as a defeasance accounts, typically are guaranteed-investment-contracts backed by AAA rated insurance companies. The defeasance accounts automatically makes the "Leaseback payments" to the bank over the 30-year lease. The remaining 3%-4% up-front cash received by the political sub-division on the closing date is the cash benefit realized. (We are in the process of quant~ing this transaction for the top 14 cities in South Dakota. Our preliminary estimates are the cities will realize $26-~40 million cash benefit at the time of closing a transaction) As stated above, the benefit to the bank in this is example is depreciation on the assets, as well as transaction cost. During the lease period in this example, the political sub-division continues to operate the assets, deliver services and charge user rates as they typically would as if the transaction had never occurred. There typically are no out-of-pocket expenses incurred by the political sub-division in entering into the transaction. At the end of the lease, the final payment from the defeasance accounts buys the asset back at the option of the political sub-division. Swat D. Swfietd :Alto Fir,urtre • 6530 Kill~-neY Park Drive • VFr'enrivarth-Lake A:ladison • South Dakota • 57U'75 v: GC15-2S6-0717 • f: 605-:.5b-0718 • e: sscotieldi~llcony.com a~ • C7 ~ ~ ~\ Y rrlV V •~ _1 1r ~ °''~ " ~^^`` ~V V h h ~ h ~~ 4i ~ Cs ~' V r+7 ~ ~ d ~ y ~ ~ ~ ~ +?' ~ ~ o ~ ~ \ ~ y r b ~ ~ ~ o ~ V \ ~ ~ ~ ~t}'a syCt v ^~ V A +~ r d y ~ ~ ~A ~ d y r`V v h N ~ ~ ~ ~ ~ ~] ? !~ h ~A ~y y •~ o ~ ~ ~i a r .~ W+ r~ Q d ~ y O H ti C 4~~r V p i 'r' h h M C L ~w ? h O ~ Vj `„ ~ fi v ~ o~ ~ ~~~ ~ ~ d ~ y y ~ ~ w -~: d M n~` O ~ V v o c M ~ v ~ QQ h~~++ ~ ~ ,V ~ A g ~c ~°' G ~i.i sue. F~ h h N a y ti d .~ ~ ~ ~ V w ~ +~ +r et q E 0 V e R1 .~ ~-. ~ O .~ b 'u ~ ~ d •~. O r+ ~ i. ~ ,~ a y ~ ~ e a ~ y ~ ~ d .v ~ ~ ~' ;;' u L y ^O^ 4i Q ~r ~ rii WiI ~ ~ ~ 0 a ate, ~ o y ~/ ~ ti ~ d ~ v y C L ~ O ~ y ~ p ~ ~ u ~ ~ v o cya ~ y a ~ ~ay.c L y ~ C0 ~ y ~ O r~r w ~ 4 w ~ O f/~ O ++ O C) w ~ ~w~~ y p v ". C y 7 ~ ~ •V 'O V d L +~,+ .C ~ w ~ ""' ~; y ai ~ d 7 Mr r+ L y ~ ~ ~ y ~ V V 1:. ..T"i LQ fi ~ ~ ~ y C N ~ ~ C >, d d v C n'`" ~ ~ d R 67 y Vll V L: _~a'W :. o, ~ w ~ ~; , ~. a ~ y ~ y ~ ~bD y ~ d ..~ .7 V w O ~. i ~ ~ O .tyii d ~ •t" d L v+ y ~ Ci ~ K ~ Ry y 1 .nyi ~ ~ o _ V r ~ ~ ~. N ~ y ~ ,.q ~ O d q ~ rwr A= "~, viE•~Q ~ N M ~!' ~~ DRAFT In our efforts to arrange a transaction that is acceptable to the Participants, we will, upon execution of a letter of agreement by one or more participants collectively estimated to have a sufficient volume of assets to support a transaction; 1. Engage, at Allco expense, expert appraisers to establish a fair market valuation of the Assets as identified by the Participants. 2. Engage, at Allco expense, engineering experts to perform due diligence tasks and support. 3. Engage, at Allco expense, on behalf of the participants, a nationally recognized bond counsel, to lead the legal, regulatory and tax analysis from the participants' perspective. The bond counsel will represent and report to the participants. The role of the bond counsel will include the responsibility to review and comment on, and assist in, the negotiation of the transaction documentation; provide general guidance to the Participants as to the impact of the transaction on outstanding tax exempt bonds and flexibility to issue new bonds, overview and advise as to compliance with Minnesota law to authorize execution and delivery of the lease/leaseback documents. It is acknowledged that Allco agrees to underwrite the expenses associated with the bond counsel (whether or not a transaction is consummated). 4. Assist the participants in identifying the potential benefits of the transaction. 5. Assist the participants in structuring the transaction. 6. Prepare offering materials, and market the transaction to the equity investment community. 7. Solicit interest from equity investors to participate in the proposed transaction. 8. Assist in the prepazation of all transaction documents. 9. Assist in the closing and funding of the transaction. a~ Lease/Leaseback Water and/or Wastewater Infrastructure Initial Minnesota Pilot Program (This summary information prepared by Gene VanUverbeke based on his understanding of the process and transaction. An expression of interest on behalf of the Finance Committee may be followed up with a meeting with Allco, LMC, legal and fiscal representatives as appropriate.) HistoricaUBacks~round: • This type of transaction has been used extensively with public transit systems and other infrastructure around the country and world. • The transit market has largely been exhausted and investors are now seeking new opportunities in water and wastewater systems. • In the State of South Dakota Allco is in the final stages of a transaction of the type proposed in Minnesota. Genera( Conceat: • Cities lease their water and/or wastewater infrastructure to a large private investor. (Includes both plants and pipes) • Cities leaseback the same facilities for continued city use as if nothing has changed. General BeneFts: City: • City receives aone-time up front cash benefit equivalent to about 3% - 4% of the capital asset value. (Net of bonds payable, as you cannot lease what you don't awn.) In general, the funds would be available for any use the city wished. Private Investor: • Certain tax considerations/benefits (depreciation on the assets over the life of the lease and transaction costs as offsets to income). Financial Risks: City: • The balance of the upfront lease payment (the 96% - 97% of the money not received by the city) is placed in a defeasance account. There is some risk to the city, relating to the long-term viability of the insurance company or whoever underwrites the Guaranteed-Investment-Contract (GIC). There are ways to mitigate this risk but it does not go away. Private Investor: • Transaction may not close after significant up front legal, engineering, fiscal consultant expenditures. • May be IRS issues with the assumed tax advantages. a~ Citv Public Policv Pros and Cons: Pros: • City receives gone-time up front cash benefit equivalent to about 3% - 4% of the established capital asset value. Cons: • Leasing of the infrastructure may complicate future borrowing for expansion and/or repair/replacement. • There may be complications with infrastructure damaged by fire, storms, etc. (City is required to replace in some fashion). • Process takes tax money away from the Federal and State governments. • Potential problems with the defeasance account. • Public perception of "free money" and a "too good to be true" scheme. • Potential for negative backlash at the Legislature as cities may look "too creative" in the wrong areas, e.g. creating revenues. (See the experience with entrepreneurial enterprise operations and the OSA study.) • No arranger besides Allco has come forward to apply this concept to water/wastewater infrastructure so no competitive process has been applied to the transaction at this point. Timing/Next Steps: • The LMC and Allco, the arranger of the deal, would like the cities that desire to be part of the pilot program to approve a "Letter of Understanding" that basically is an expression of interest and grants Allco the exclusive right to arrange this transaction for the city's assets for a period of 24 consecutive months commencing on the date of acceptance of the letter. They have been targeting late August/earty September for city approval of the letter. Other: • The LMC Board of Directors on August 21, 2003 passed the following motion: "A motion to conceptually approve an agreement with Allco Ventures, and to authorize retention of Public Financial Advisors to assist LMC in negotiating that agreement and structuring the transaction, both subject to Executive Committee approval " • In addition to facilitating this transaction the LMC has a financial stake in the outcome. • It has been represented that there might be a limited appetite on behalf of the investors to do this type of deal more than once in Minnesota, thereby applying some pressure to get in now or perhaps miss the opportunity. a~ Who's In and Who's Out: • The following cities (22) were invited to participate in this process: Plymouth, Burnsville, Brooklyn Park, Rochester, Duluth, Eagan, Coon Rapids, St. Cloud, Austin, Eden Prairie, Maple Grove, Moorhead, Minneapolis, Owatonna, Winona, Faribault, Bloomington, Minnetonka, and St. Paul. Of the 22, three cities, St. Michael, Cannon Falls, and Mora have been involved in aself-invited sort of way in response to a LMC Bulletin article. • The following cities (9) have expressed an interest in continuing and are moving toward approving the letter of understanding: Bumsville, Brooklyn Park, Rochester, Duluth, St. Cloud, Austin, St. Michael, Cannon Falls and Owatonna. • The following cities (3) have decided to pass on this transaction at this time: Minnetonka, Plymouth, and Minneapolis. • The following cities (2) are not How's but may be open to participating later: Maple Grove and Moorhead. • The remaining cities (8) have not definitively responded by way of any sort of commitment: Eagan, Coon Rapids, Eden Prairie, Winona, Faribault, Bloomington, St. Paul and Mora. a9 Meeting Notes Finance Committee Meeting September 4, 2003 Attendance: Mayor Geagan, Councilmember Carlson, City Administrator Hedges, Assistant City Administrator Duffy, and Director of Administrative Services VanOverbeke After general discussion concerning alease/leaseback of water and/or wastewater infrastructure, staff was directed to seek additional information from other cities concerning their rationale for choosing to participate or not to participate in this transaction. The Finance Committee further directed that the letter of agreement be brought to the fu11 City Council for consideration as a next step. The letter of agreement commits the City to proceed with Allco Finance Corporation as the arranger while the investigation continues, but is not a commitment to enter into a transaction. Comments From Other Cities Cities listed as not participating at this time: Minnetonka: Has not thoroughly investigated the program but declined primarily because it was not right for them at this time, "to good to be true." Will perhaps give consideration at some point in the future. Minneapolis: Has not returned our telephone call at this point. Plymouth: Rejected primarily due to a combination of the items listed in the con section of the public policy issues. South Dakota Progress: We spoke to the City Manager of Vermillion. Vermillion has an estimated eligible infrastructure value of $30 million and is expected to receive $1,020,000 in cash. The South Dakota program seems to be on schedule as advertised in the Minnesota discussions. The goal was to close on all cities in September but the volume of paperwork will probably reduce that to two cities closing in September. That appears to be a paperwork problem and not a problem with the transaction. Vermillion had a number of reservations about the transaction similar to those that Minnesota cities are expressing, all of which have been addressed to their satisfaction through various bond counsel and financial advisors. All of the preparation has taken place at no out of pocket cost to the city. South Dakota passed legislation creating a Municipal Facilities Authority to help facilitate this transaction so the cities are not expecting any negative repercussions from state government. The state of South Dakota has also entered into somewhat similar transactions, an example being the dome financing at the University of South Dakota in Vermillion. We also spoke briefly with the City Manager of Brookings, a city that chose not to participate. He referred us to the Director of Utilities as they are controlled by a separate board. He did comment that the Board was not comfortable and decided not to participate. The Director has not yet returned our telephone call. We also have not received a call back form the Chief Financial Officer in Watertown and are not certain if they are participating or not. 31 i ~~ I,aogw of 1-Simwo~ Cd;.r Ctsa. ~!~9 ~.~ Date: September 5, 2003 To: Cities Considering Participation in the Allco LeaseJLeaseback Transaction League of Minnesota Cities 145 University Avenue West, Sti Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 Fax: (651) 281-1299 • TDD: (651) 281-1290 wuuw.lmnc.org From: Jim Miller, LMC Executive Director For the last six months, the League has been in active discussion with Allco and others to learn about the concept and better understand the Alico proposal. We have determined that Allco is a recognized "aggregator" with experience in this kind of transaction. We have checked with several other public entities that have worked with Allco and we are satisfied that they are a reputable firm. In addition to our discussions with Allco, we have consulted with others, both in Minnesota and nationally, and have retained Kennedy & Graven, a noted Minnesota bond counsel, to advise the League. We also anticipate shortly retaining other outside professional expertise to assist in structuring the agreements between Allco and the League and Alico and the participating cities, as well as to help structure other critical transaction components. We hive met with Minnesota Finance Commissioner Dan McElroy to alert him to this proposal. He had no major concerns and promised to share the information with his department and the Revenue Department. A similar meeting was held with the State Public Finance Agency. We have received no negative reactions. I will be meeting with House Tax Committee Chair Ron Abrams soon to discuss the proposal with him as well. Based on our analysis to date, the League believes that this proposal, at least for some cities, can be an appropriate means to generate considerable one-time funds. As with any investment transaction, there is risk, but the League will be working to mitigate that risk to the extent possible. Cities will clearly understand those risks before final approval. At this time, there are still issues that need to be resolved, including with the letter agreement you previously received. Therefore, if you are interested in proceeding to the next step, you may want to ask the city council for conceptual approval with authority to the Mayor or other proper signatory to execute the letter agreement when in final form. LMC General Counsel Tom Grundhoeffer has suggest that you consider having your council pass a motion along the following lines: ~a Motion authorizing staff to continue to work with Allco Financial Corporation (Allco) in the evaluation and structuring of a possible lease/leasebacktranwction for city wastewater and drinking water assets; and authorizing (insert appropriate city official for your city), subject to city attorney review and approval, to enter into a letter of agreement with Allco for purposes of evaluating the feasibility of such a lease/lease back transaction. Approval of the letter agreement does not commit the city to final approval of the transaction. It does express the city's intent to work with Allco to determine if a transaction can be completed. In the interest of full disclosure, I want you to know that the League will be compensated if this transaction does occur. You have my strongest assurance that the League's actions, however, have been and will be to make the best recommendations in the interest of participating cities. Ultimately, that could mean recommending that cities not proceed with the transaction if all outstanding issues are not clarified and resolved. I hope this letter is helpful in your evaluation. Please do not hesitate to contact me if you have any questions. 2 Agenda Information Memo September 16, 2003 Eagan City Council Meeting G. APPROVE CHANGE ORDER NUMBER 14, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve change order number 14 to the Eagan Community Center in the total amount of deduct of $ 12,571 FACTS: Change order number 14 is being recommended for approval after review by the Architect, Construction Manager and staff. These items consist of a continuing review of the construction work as project close out nears completion and reflects previously authorized work or change in work that provides for credit from contractors. This change order consists of the following individual items: PCO 1176 Magnetic door latch to upper track area to provide fora 36 -Peoples $ 3,102.00 locked condition during normal conditions with automaton Electric release in case of fire for code conditions. PCO 1182 Deduct for dish machine switch. 29 -Landmark $(1,000.00) PCO 1183 Deduct for expansion joint covers 21 - BMSI $(13,311.00) Provides a deduct for a portion of the expansion joint covers not purchased and the allowance carried under this contract. PCO 1185 Add concrete curb around the main column at the front 03 - Kellington $716.00 entrance. This item was not part of the construction elements as was required to protect the column PCO 1186 Wood expansion covers and jambs behind the control desk, 27 - H & B $1,980.00 shelf in the women's locker room, wood jambs in the wall partions, wood in the senior room at the fireplace to comply with fire code issue. PCO 1187 Add plastic laminate to the window ledge in the aerobics 27 - H & B $2,392.00 room as a result of the required wall clearance PCO 1188 Deduct for gym railing paint. 07 - K & G $(6,450.00) Total changes result in a deduct of $12, 571 3~! Agenda Information Memo September 16, 2003 Eagan City Council Meeting H. APPROVE CHANGE ORDER # 3, EAGAN CENTRAL PARK- ROTARY BAND SHELL ACTION TO BE CONSIDERED: To approve change order #3, Eagan Central Park -Rotary Band Shell in the amount of $4, 065. FACTS: • This change order is to Peoples Electric in the amount of $4,065 for the electrical wiring of the band shell clock and light. • Council previously approved the clock installation prior to a final amount for the clock wiring. ATTACHMENTS: • None. Agenda Information Memo September 16, 2003 Eagan City Council Meeting I. AUTHORIZE SIGNATURE AND EXECUTION OF CONTRACT DOCUMENTS FOR THE DNR NATURAL AND SCENIC AREAS GRANT IN THE AMOUNT OF $349,703. ACTION TO BE CONSIDERED: Authorize Mayor Geagan to sign and execute contract documents for the DNR Natural and Scenic Area Grant in the amount of $349,703 for the acquisition of the Lee and Laurel Anderson property. FACTS: • At the Council meeting of March 4, the City Council approved submission of the DNR Natural and Scenic Areas grant application. At that time, Council committed a 20% project match from the Park Site Fund, an amount of $180,000. • Council agreed to work with the Trust for Public Land in acquiring the 9 acre parcel. • Friends of Patrick Eagan Park received an award from the DNR Metro Greenway program in the amount of $100,000, subject to a closing date of June, 2004 (See attached Letter of Award). • The table below shows the appraised value of the property, the known funding to date, and the balance remaining. ~:. :4~?~~raised IrQlue,~~ Uti~;}~er and Dahlc~n, 2UU3 ~ `S'y00,00~F 1 ~ ' DNR Metro Greenways Grant Award $100,000 FUNDING "IN HAND" DNR Natural and Scenic Area Grant Award $349,703 City of Eagan- 20% Committed $180,000 Balance Dakota County, other grants and funds procured by $270 297 Friends of Patrick Eagan Park , • Friends of Patrick Eagan Park have indicated they will be seeking funds through Dakota County's funding program. • The DNR has determined a project cost of $699,406 as a basis of calculating their award allotment. This does not reflect the total appraised project cost; it reflects the amount allotted by the DNR for the grant award. 3~ • Natural and Scenic Area grant contracts show the end date for the project as December 31, 2005, "or until obligations set forth in the Grant Agreement have been satisfactorily fulfilled, whichever occurs first." However, because Metro Greenway funds must be used by June 30 of 2004, the closing must occur prior to this date. • Grant contract documents include a clause specifying land retention requirements. The City as Grantee of the award may not convert any property awarded these funds without prior written approval by the State of Minnesota. • Issues: The County is now accepting applications from residents which the Friends of Patrick Eagan park are hopeful will cover all or a portion of the remaining $270,297 still needed to acquire this property. ATTACHMENTS: • Copy of the Metro Greenway Grant award allotted to Friends of Patrick Eagan Park, pg ~. Q • Copy of the Natural and Scenic Area grant agreement, pgs ~j !"~ 3~ Minnesota Department of Natural Resources 1200 Warner Road, St. Paul, MN 55016 ,;. . -_ti ~ ~: eenways ~ _ __ PROTECT CONNECT ENHANCE ENJOY June17, 2003 Jack Conrad Friends of Patrick Eagan Park 782 Sunset Drive Eagan, MN 55123 RE: Metro Greenways Application -Anderson Parcel Dear Mr. Conrad: We have received additional information from the City of Eagan regarding the funding package for this parcel, and have discussed this matter with Wayne Sames of the DNR's Office of Management and Budget Services, who administers the DNR's Natural and Scenic Area (NSA) Grant Program. Wayne has informed us that the City's NSA Grant application for the Anderson parcel has been recommended for funding in the amount of $349,703. He expects to receive LCMR approval of this recommendation June 25, 2003. Contingent on final LCMR approval of the NSA grant, and based on the information about additional funding sources provided by you and City staff, we are now comfortable approving the $100,000 Metro Greenways award towards the acquisition of this parcel. As noted in previous correspondence, this funding is also contingent on the grant of a conservation easement on the property to be held by the DNR, and on the acquisition being completed in spring 2004 (with closing no later than June 15, 2004, but preferably happening in April or May.} Thank you for your commitment to the conservation of the region's natural areas. We look forward to continuing to work with the Friends of Patrick Eagan Park, the City of Eagan and our other partners on this project. If you have any questions, feel free to call me at 651-772- 7562 or Kate Drewry at (651) 772-7946 Sincerely, Margaret (Peggy) Booth Community Assistance Manager Minnesota Dept. of Natural Resources, Central Region cc: Bob McGillivray, Trust for Public Land Tom Hedges, City of Eagan 3 £~ ~_,ccountin"~°L-uie Information ~ ~ ~r ~:" .~ ~ M1 ,~ ~ ~ ~ ~7'rackng ~, ,_ ~_ - ~~. - - =: 04 ETF 0301. P731 915 349,703.00 A52273 08/13!03 :.- Ayreement :Sent .;..ear ~ urn ~ .ounce ~5ource ~ Org#; ~-~,,Ap,p # _ , un, _~am r er: ~- ;_ Agreement Returned Project Contact:. Mrs. Beth Vdie~de Fiscal Agent: Research and Special Prujecis, Parks Gity of Eagan ~...,.x.......f.v.~......~. .~,..,.. __ ~~ ~ X830 Pilot Kne,b Road ~ Treasurer .....:m _ , .~....,~..,.~,~.~ ~,. Eagan ~ 5512 PnnfScreen Agree. Lt 1 Agree.Lt 2 Amend. L1: 1 Amend. t_r. 2 Attachment`:A `Back ~~ ~ ~ _ /-'? ~' y Lueth Date / ~l STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES NATURAL AND SCENIC AREA GRANT AGREEMENT NSO4002 THIS Grant Agreement, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Natural Resources, Office of Management and Budget, Grants Unit, 500 Lafayette Road, St. Paul, MN 55155-4010 (hereinafter "STATE") and the City of Eagan , a Local government unit, address 3830 Pilot knob Road, Eagan, MN 55122 (hereinafter "GRANTEE"). WHEREAS, the STATE, pursuant to 2003 Minnesota Laws, Chapter 128, Article 1, Section 9, subd. 6 is empowered to provide matching grants to local units of government for acquisitions, development, or renovation of a capital nature of local parks, regional parks, and natural and scenic areas, and WHEREAS, the GRANTEE has made application to the STATE for a portion of the allocation for the purpose of conducting the project entitled Eagan-Anderson in the manner described in the GRANTEE's APPLICATION which is incorporated into this Agreement by reference, and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: I. GRANTEE's DUTIES (see Attachment A, which is incorporated ley reference and made a part of this Agreement.) GRANTEE shall: Acquire a small parcel of wooded and scenic property adjacent to Patrick Eagan Park, includes wetlands and steep topography. Also would protect the Eagan Core Greenway. Includes 7 acres of open space and 2 acres residential parcel. The GRANTEE agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the Agreement. Any material change in the scope of the project, budget or completion date shall require prior written approval by the STATE. II. CONSIDERATION AND TERMS OF PAYMENT: A. CONSIDERATION: Consideration for all services performed by GRANTEE pursuant to this grant Agreement shall be paid by the STATE as follows: 1. COMPENSATION: Compensation in an amount not to exceed $349,703.00 ,based on the following computation: See Attachment A for Project budget. 2. MATCHING REQUIREMENTS: GRANTEE certifies that the following matching requirement for the Grant will be met by GRANTEE. The total project cost is $ 699,406.00. GRANTEE agrees to match at least 50% of this project cost. REIlVIBURSEMENTS T-0 GRANTEE SHALL NOT EXCEED: Three hundred forty nine thousand, seven hundred three Dollars ($ 349,703.00). Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this Agreement, it is understood that any reduction or termination of funds allocated to the STATE may result in a like reduction to the GRANTEE. Where provisions of the GRANTEE's APPLICATION are inconsistent with other provisions of the Agreement, the other provisions of this Agreement shall take precedence over the provisions of the APPLICATION. B. TERMS OF PAYMENT 1. PAYMENT/DISBURSEMENT SCHEDULE: The STATE shall disburse funds to the GRANTEE pursuant to this Agreement on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the GRANTEE and reviewed and approved by the STATE. The GRANTEE shall be limited to no more that four payment requests during the period covered by this Agreement. The GRANTEE shall submit a final billing within 30 days of the end of the project period. III. CONDITIONS OF PAYMENT: All services provided by the GRANTEE pursuant to this Grant Agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERM OF GRANT: This Grant shall perform the activities outlined in the approved project scope during the period from September 1, 2003, and shall remain in effect until December 31, 2005, or until all obligations set forth in this Grant Agreement have been satisfactorily fulfilled, whichever occurs first. No Grant reimbursements will be made until or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. § 16C.05, subd. 2, whichever occurs later. V. CANCELLATION: This Grant Agreement maybe canceled by the STATE or GRANTEE at any time, with cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. Also, in the event of such a cancellation, the STATE shall be entitled to repayment, determined on a rata basis, of any funds initially advanced by the STATE to the GRANTEE. The STATE may cancel this Grant Agreement immediately if the STATE finds that there has been a failure to comply with the provisions of this Grant Agreement or that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulf 11. The STATE may take action to protect the interests of the State of Minnesota, including the refusal to 2 ~/ VI. STATE'S AUTHORIZED REPRESENTATIVE: The STATE'S Authorized Representative for the purposes of administration of this Grant Agreement is Audrey Mularie .Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to clause II, paragraph B. The GRANTEE's Authorized Representative for purposes of administration of this grant Agreement is Beth Wielde .The GRANTEE's Authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this Grant Agreement. VII. ASSIGNMENT: GRANTEE shall neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the STATE. VIII. AMENDMENTS: Any amendments to this Agreement shall require prior written approval by the STATE. Any such amendments to this Grant Agreement shall be in writing and shall be executed by the same parties who executed the original Grant Agreement or their successors in office. IX. LIABILITY: GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees, hamlless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Grant Agreement by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this Grant Agreement. X. AUDITS: The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this Grant Agreement shall be subject to examination by the contracting department, the Legislative Auditor, the Secretary of the Interior and the Comptroller General of the United States, for a minimum of six years from the end of this Grant Agreement. State and local governments are authorized to substitute microfilm copies in lieu of original records. XI. GOVERNMENT DATA PRACTICES ACT: (if applicable) The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the GRANTEE or the STATE. In the event the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released.. XII.. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS: (if applicable) A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of and are paid for under this Grant Agreement, including any inventions, reports, 3 based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this Grant Agreement by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subgrantees, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this Grant Agreement without the prior written consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this Grant Agreement do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE's expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this Grant Agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE'S opinion is likely to arise, GRANTEE shall, at the STATE'S discretion, either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XTII. PUBLICITY/ACKNOWLEDGMENT/SIGNAGE : Any publicity given to the program, publications, or services provided resulting from this Grant Agreement, including, but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others or any subgrantees, shall identify the STATE OF NIINNESOTA as the sponsoring agency. Upon project completion, the GRANTEE shall post a permanent funding acknowledgment sign, in a form prescribed by the state, at the entrance to the project site, or at an alternative conspicuous location on the site. XIV. WORKERS' COMPENSATION: GRANTEE shall provide acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minn. Stat. ' 176.181, subd. 2. XV. ANTITRUST: GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust Minnesota 4 ~3 XVI. PROMPT PAYMENT TO SUBCONTRACTORS: (When applicable.) Prime contractors are required to pay subcontractors pursuant to Minn. Stat. ' 16A.1245. XVII. J LTRISDICTION AND VENUE: This Grant Agreement and executed amendments thereto, shall be governed by the laws of the State of Minnesota Venue for all legal proceedings arising out of this Grant Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XVIII. REPORTING REQUIREMENTS: The GRANTEE shall submit status reports to the STATE by the first of June and December of each year and a final report at the end of the Grant period prior to receiving final reimbursement. XVIV. LAND RETENTION REQUIREMENTS: 1) CONVERSION OF USE: It is the intention of the State that the property acquired under this agreement shall exist in the Grantee's ownership and be maintained and managed consistent with the purpose and type of property to properly protect the natural and/or scenic resources in perpetuity. The Grantee shall not at any time convert any property acquired or developed pursuant to this agreement to uses other than the permitted uses specified in this agreement without the prior written approval of the State. The State will consider a conversion request only after the following pre-requisites have been met: 1. All practical alternatives to the conversion have been evaluated and rejected on a sound basis; 2. The Grantee has agreed to replace the converted lands with other lands of at least equal fair market value and reasonably equivalent natural and or scenic resources as determined by the State. The State shall have the authority to approve or disapprove conversion requests. 2) MINNESOTA STATUTE 116P.15 (applies to land acquisition projects): Subdivision 1. A recipient of an appropriation from the trust fund or the Minnesota future resources fund who acquires an interest in real properly with the appropriation must comply with this section. If the recipient fails to comply with the terms of this section, ownership of the interest in real property transfers to the state. For the purposes of this section, "interest in real property" includes, but is not limited to, an easement or fee title to property. Subdivision 2. (a) An interest in real property acquired with an appropriation from the trust fund or the Minnesota future resources fund must be used in perpetuity or for the specific term of an easement interest for the purpose for which the appropriation was made. (b) A recipient of funding who acquires an interest in real property subject to this section may not alter the intended use of such interest in real property or Canvey any interest in the real commission. The commission shall establish procedures to review requests from recipients to 5 alter the use of or convey an interest in real property. These procedures shall allow for the replacement of the interest in real property with another interest in real property meeting the following criteria: (1) the interest is at least equal in fair market value as certified by the commissioner of natural resources to the interest being replaced; and (2) the interest is in a reasonably equivalent location and has a reasonably equivalent usefulness compared to the interest being replaced. (c) A recipient of funding who acquires an interest in real property under paragraph (a) must separately record a notice of funding restrictions in the appropriate local government office where the conveyance of interest in real property is filed. The notice of funding agreement must contain: (1) a legal description of the interest in real property covered by the funding agreement; (2) a reference to the underlying funding agreement (3) a reference to this section; and (4) the following statement: "This interest in real property shall be administered in accordance with the terms, conditions, and purposes of the grant agreement or work program controlling the acquisition of the property. The interest in real property I or any portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the legislative commission on Minnesota resources or its successor. If the holder of the interest in real property fails to comply with the terms and condition of .the grant agreerent or work program, ownership of the interest in real property shall transfer to this state." 3) DEED RESTRICTION REQUIREMENT: The Grantee shall have the following condition recorded with the deed to all lands within the park as it was described in this agreement and submit an attested copy of the deed and the condition to the State: In order to comply with the Department of Natural Resources Natural and Scenic Area Project Agreement NS04002-A52273, the City of Eagan does hereby impose the following restrictions on the property: 1. The property shall be managed and maintained consistent with the purpose and type of property acquired using appropriate management and protection practices to protect the natural and/or scenic resources. 2. The Grantee shall not at any time convert any portion of the natural and/or scenic area to uses other than permitted in this Agreement without the prior written approval of the State. 3. In accordance with Minnesota Statute 116P. 15: This interest in real property shall be work program controlling the acquisition of the property. The interest in real property, or any 6 portion of the interest in real property, shall not be sold, transferred, pledged, or otherwise disposed of or further encumbered without obtaining the prior written approval of the legislative commission on Minnesota resources or its successor. If the holder of the interest in real property fails to comply with the terms and condition of the grant agreement or work program, ownership of the interest in real property shall transfer to this state. XX. RESOURCE MANAGEMENT AND PROTECTION: The GRANTEE shall protect, manage and maintain, or cause to maintain, the property acquired pursuant to this Agreement. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. Failure to adequately manage, maintain and property protect the resources and properly assisted through this agreement may result in the withholding by the State of any current or future payments to the Grantee related to this or any other Local Grants projects and may result in ineligibility of the Grantee to receive future Local Grants Program Grants. The GRANTEE shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. XXI. AMERICAN DISABILITIES ACT: In fulfilling the duties and responsibilities of the Grant the Agency shall comply with P. L. 101-336, Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101- 12213 and 47 U.S.C. 225, 611. XXII ENERGY CONSERVATION: Any capital improvements made under this Project shall comply with the applicable energy conservation standards contained in law, including Minnesota Statutes Chapter 216C.19 to 216C.20 and rules adopted thereunder. The Recipient may use the energy planning, advocacy, and state energy office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to the planning and construction of the capital improvement Project. X~GII. NATNE PLANT SPECIES: Vegetation planted must be native to Minnesota and preferably of the local ecotype unless the work program approved by the commission expressly allows the planting of species that are not native to Minnesota. XXIV. INSPECTIONS: The STATE'S authorized representatives shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this Agreement, including a final inspection upon project completion. Following closure of the project, the STATE'S authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 7 XXV. OTHER PROVISIONS: A copy of this agreement and all incorporated elements shall be permanently maintained on file by the Grantee. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. GRANTEE: CITY OF EAGAN DEPARTMENT OF NATURAL RESOURCES By: By: _ Title: Title: Date: Date: By: Encumbran Verification: Title: ~ Si Q~!C~ " Date: 8/13/03 Date: CFMS Contract # A52273 8 49 Attachment A Project Budget Recipient: City of Eagan Grant: NSO4-002 Eagan- Anderson Grant Amount: $349,703 Project Description: Acquisition of small parcel of wooded and scenic property ad}scent to Patrick Eagan Park, includes wetlands and steep topography. Also would protect the Eagan Core Greenway. Includes 7 acres of open space and 2 acres residential parcel. Notes /Conditions: Project Components Land Acquisition Total Cost Estimated Total Cost $699,406 $699,406 v~ Agenda Information Memo September 16, 2003 Eagan City Council J. FINAL SUBDIVISION (PINEY WOODS) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision (Piney Woods) to create ten lots on 4.9 acres located south of Cliff Road and east of Dodd Road in the NW '/4 of Section 36. FACTS: • The Preliminary Subdivision was approved on May 20, 2003. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page ~9 NOiE: S PRELIMINARY Subject to revision without notice_ t3; ~~ ~~ '~ .: ~ ~ is ~s ~ a - ~~ ~ ~, ~~~ ~ ~ Fx + ~ ~ ~ _ ~ ` ~; ~ ; ~ ~ ~ ~ ~ ~ ` S _~ ~;:~.~ :- ,~~ vui~i~; j J' f't f~l ~i T_ l~ )- O O =i CJ a • ~.~1~ e R a: =SE~-,~~ ~~l~p ~~~~~~~ >a ;~~~ a o Q~ e _ ~~ ~~ y ~ ~ ~~° d ~ ; ;4~ ~~ l ~~ ~~ } ~: ~: i s ~ ~_ i x ~- ~ x~ R~ ~~ s ~~ i~ ~~ LS ~I a~~ • o .~~ 1 3~~ ~ ~~ ~~a6b i.. L f s R~9 ~ ~~~ ~ I ~_ ~~~ - ~~~~is ~-- i- ~~ ~~~ ~' ~~ ~.~ r ~~ ~~ ~ •- ~ ~ ~. ~ ~ •fs S7 84 3 ~ ~' t~~ ~~ :'::g ~ ; a ~ ~- Ss~ ~~~ 33 . 1- C~ ~~~~~ ~ ~ ~~ _~ ~ •. ~ss3 ~ ~ _ ,~ ~ ~~ fns ~ ~. ;, ~ ~~ i ,~~ ~_ ~. , I T L _ur ...~^~___I~ 'vK~~ rT arv i~ r I+ ~l i V I', O O %~ `~~ ' -•--p ~ - -~ L__ -i- _-__~ m ~~ ~' Agenda Information Memo September 16, 2003 Eagan City Council K. FINAL SUBDIVISION (CENTENNIAL RIDGE 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision (Centennial Ridge 2"a Addition) to create two lots on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake Ridge Road in the NW '/4 of Section 28. FACTS: • The Preliminary Subdivision was approved on April 14, 2003. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page ~1 ~f~ c! ' ~~~ ~ ~~~ E ~ ~~:~, D~ ~~. E 40~ ~ ~i$~~~ EE Y 5s i~ ~ Y~; ~~ ~ ~ 5~6~~ i~ ~E ~; ~ i~ ~ ~~~ ~ ~ ~;~~~ ~~ ~ ~ ~ ; (s ~ i s it r~ , tit F FF ~g°~€ ~~ ~ ~~~ ~; a ~;s {y.~lF4 $t g 1-- ,~~ ~3 ~ ~i~ ~~ ~ s ~;~~~ S 6 ps ° _' 5! ~ ~7~ _~ 3 E G~ a ~Fat~ Z O ~ s ~ ~ l ~ ~ •~ k #~ ~ ~ ~ j~ ~~ ~I r ~ ~~ is ~ ~~ I~ ~ 5~ s ~~ ~ ~~ # ~ ~ ~ ~ ~~ ~~ ~~ ff f ~~ ~ ~ ~ ~' ~ ~' ; F~ ~~ a i f ' _ ~ a ~ ~ ~_ ~~ i ~' ~~~ AI~ _~ ~~ f ~ s €~ ~~ ~ F>3 ~ ~~~ ~ ~! ~ t ~~ £~ ~ ~~~ ~ ~ F~ f- -. ~ p _ I. ~` ~ I Fr I I t ~ ~'ag Q - ~~~~ 1 . ~ g~~ I C>r- ~ ~ . •n~ ~ ~nn~ IvvIllVVV n. ~~ n~~n w~ u ~ivC. v~_v~n.J~n C)U I 1 1 =~~ ~ ~ ~ °0 ~ ~ t ' Y SZ'L9Z IF.OO.BLOON ~ Z O j ____ • _ _ , . - ---- -- ---------- N 1 , -~ , t ,~ --- 1 { :~ t ~ t W I 1` I K I I ~ N ~C r _ / f~ v ~ 1 1 ~•, ~- .f~ L.J I S) ~1 ~ ~ 1 , '1 ~' ~ 0 l'a I le 1 Y ,~ I b v'~ r. l: 1 ~r l J I f l ~ •m1= i~eud~mw I y 1 ` ,i I ail , ¢ :1 t i J .. 1 I ~ : ,S_1 $7~ 1' Q p ~ I -C I_ d 'Jr 1~9 14 1 ~ O ~ CJ ~ ~ fi i '.. psimi v.- Z C) I I t '- c~ i !: . t 1 W I R \ \ w fC 1 o ~'i CJ I ~~' , I I ~ ~\ m ~ ~> %= : O ) I I \ \ r i .[ ~[ ~ ~ _ ~ i ~ V ~ \~ ~ 1 - ?~ I [ _ Z 1 1 I ~ I ~ xt C) 1 _ ~_ CJ ~, ., ~ ., - I /- I \ n 0 N 1 1 W i ~I ~~ ~ S ,w~ 1 z ~~ d ~•~ I~ ~ ~ I` ~ eR $ ~~ ~s~ ~s~~ f ~ yt6~ {+V ,..• e ~ ~ ~ ~ ``~~ ~°~ ~~~ ~~~~. ~~~`~~~~ ~ ~g ~~~~' t ~~~ +; a~~~~ i io o ~~~ b~ i~`m oe~ ~~e ~~.~ ~e ' . ma~~~~~~~~ i 0 o = 1 1~ l\, ~ \ 1 g t 1 ,3 \ W 1 ~O hepry `\ Z / ` 1 ~------T ° ---~1 a s, s~ ry I r.'`` i ~ a p ~, i 1~ . t ^I -.----~-' ----1 ~$a~ t .r~. ~c~ O~ ~~ vn ~•y°°mim `8. 511 905 f _ 8°3y~ . / \}; -_ __ ~ i 1 - mc~ ~ W'09i 3.fl.L LODS • r_- 1 .,.vim ~. ~1y i K 1 i J I R .,.vN ~.ivlN ~)i:.. .aa.~.v. ...i•.. .a ri: w~ 1 I 1 i I 1 1 __ I ~ 1 1 C I . ~ --1 1 '-:'; I 1 .~g~ ~ pt I ~ °' K ~ _ r :, , 5; o ~ f O ~ I r--c r-'C ~~~ r ~j ~ I ~~~r- 6~e [] J "" _ f1 fL rte. ~-t V Agenda Information Memo September 16, 2003, Eagan City Council Meeting L. FINAL SUBDVISION (MARCELLA WOODS) -BRIAN OLSON ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Marcella Woods) to create 15 single family lots located at 4880 Pilot Knob Road in the SW %4 of Section 34; subject to the conditions listed in the August 19, 2003 City Council minutes. REQUIRED VOTE FOR APPROVAL • Majority FACTS: The Ciry Council approved a rezoning from A, Agriculture to R-1, Single Family Residential and implemented the Comprehensive Land Use designation change from P, Park to LD, Low Density and approved the Preliminary Subdivision to create 15 lots on August 19, 2003. The lots range in size from 13,006 square feet to 24,379 square feet. All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. 60 DAY AGENCY ACTION DEADLINE • A waiver has been signed ATTACHMENTS (1)• ,~ Final Subdivision page•~ ~3 '~- rJ f'1 m (~1 i L~ ~(1 ~^^ ~J ~~ ,, ~. ~~ I ~I ~I .n i ~~ O ~~ ~a ~~ ~i~~: ~~_ r a >~~ ~~ • yR ~~ ~~;~ i ~ ~~ ~~~ F ~ ~~ i R. ~L •~, ~~Y I s:Y ~~ !~ i~ ~. I c ~~ ~~~~ U :~ -~ ~ ,. ~~ R J• 4 -~ ,.,. ,~. PRELIMINARY Subject to revision without notice. ~~~ ~ ~°~ 8~ E~ ~ sg ~~~~~~ ~ ~ ~q ~ ~~ ~~(~~~~ ~ ~~_~ ~ ~~ ~ ~ ~~g ~,~~ ~~~~~~ ~ ~ ~ ~~ ~~g ~~~~ _~ ~ ~~:~~ i~~~ i ~g a ~ ~ ~:~~ ~~$$~ ~ ~ ~ ~g ~~~~~ ~# ~~aag~ ~ ~ ~#e tt ~~~~~ ~~ ;~~Y ~~ ~ ~ ~~ ~~ ~~~~~ - ~~~~~~ ~~ ~~% ~ s~ ~4~~ 8 ~ $. s ~E s~~~e ~ ~ I ~ ~~ ~~~~ ~ ~~~ ~. ~ ~~ ~'e s ~~ >: r qs 7c .! ~ l a z~~ ~~ aT ~~~ ~~ Y __ y ~ ~~r r~ ~~ ~ o~ ~ ~( ~~ ~ '~ ~ '~ ~, ~ ~~ ri CJ l i 1 ~ 0 ~ ~Aq a"A ~~: _~~ ~ ~~ ~ ~~ $g 9~ ~_: ~~~ ~~ ~I F ,~~ ~ _~ ~ ~~ ~ I~ ~~ I ~~as~ ~~~~~ ~ ~~ 1 Lea ~~ ~~~ ~ ~~ €~ ~ ~~ ~ ~~ ~ ~~ ~S 9 ~ ~~~ a<3 ~ . ~_ ~ ~~ ~ ~ ~ Ig I C II~~ ~~ D l ~pp ~ ^~ v° 7 \ / fT7 ~ r, i D ~ o ~~ o ~~ o e 8s ~ ' ~ r Agenda Information Memo September 16, 2003 Eagan City Council M. FINAL PLAT (NATURE PRESERVE) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Plat (Nature Preserve) to create one lot on approximately eight acres located south of Yankee Doodle Road and east of Coachman Road in the NW 1/a of Section 18. FACTS: • This parcel is being platted on its existing boundaries and dedicates additional right-of--way to Dakota County for Yankee Doodle Road. • The developer has executed a conservation easement agreement that applies to the southern portion of the property. ATTACHMENTS (1): Final Plat, page NOTE: PRELMINARY Subject to revision without notice. a~ ~~~~'' Iac~~}~ I ~^ I a I C:J: ~ kC : 5 ~G.R~1 ~ ~ S! ~ p LD4.00 50022 ~~E au[a x(srt:x(ws x(. ~N-~ ~-(~i ~- _ 4 umr ~, Q ~ z S: a +"i n(,~, fTl ~- 1 ,c . ~~ ~ o ~ ~ I v\ `. N j ~ ~ o ijR _ +~."~ ~ - _ - N0022'3B'Y/ 694.06 (uc o x n ~// ~ ___ 4- S.AihcY FE:a1T5 FRSi .~..N~~.... 5.5W.Y Fri 5 T}37` '^' TK;C~ ;-~ - I I €~~U { D ~~~?,, I c o ~ ~ :~ ~, ~ r------r----- • .9 ~-.'/ ~ ~ ~ ~ ~• -o ~ L___,Y_l___Y_ i s ~ C P ~ ~ u ~Q„ 3 o ~ ~ ~ 9 ! i ' ~~ ~ ~ ' ~ ~;ff~tt~ ~•a ~ I c t~~ ~~ 33~W gt$ gg pQ Tc Y ~a ~ ~~ ~ ~: (~ [ sag 3s}q ~ ~ i 1' t I Agenda Information Memo September 16, 2003 Eagan City Council N. EXTENSION OF CONDITIONAL USE PERMITS -SPECTRUM DEVELOPMENT GROUP, LLC ACTION TO BE CONSIDERED: To approve aone-year extension of a Conditional Use Permit for a hotel in the BP, Business Park zoning district, on property Located at 2775 Blue Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. To approve aone-year extension of a Conditional Use Permit for a restaurant in the BP, Business Park zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Business Park, in the NW '/4 of Section 2. FACTS: • The Conditional Use Permits were approved by the City Council on September 3, 2002. Conditional Use Permits expire if not utilized within one year. • The applicant is requesting aone-year extension of the CUP approvals to allow an additional year to make use of the CUPs and develop the property with the respective hotel and restaurant uses. • With the one-year extension, the expiration date of the CUPS will be September 3, 2004. • A letter from.the applicant is attached. ATTACHMENTS (1): Letter from Spectrum, page S7 ,~~: DEVELOPMENT GROUP, LLC Aul;ust 29, 2003 Mr..ion Hohenstein Conununity Development Director C i ty of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Request for One-Year Extension of Restaurant/Hotel Conditional Use Permits at the Spectrum Business Park (Lot 1 and Lot3 Spectrum Business Park) Dear Jon: Spectrum Investment Group, LLC, owner of the Spectrum Business Park (consisting of Lot # 1 -future restaurant. Lot #2 -The Spectrum Commerce Center and Lot #3 -future hotel), is making this formal request to the City of Eagan to extend the Conditional Use Permits presently in place on the above referenced projects for a period of one year, through September 2001. Like everyone else in the real estate development and construction industries, we have been dealing with an unfavorable environment for job creation and facility expansion. "Clle past eighteen months of relative inactivity has retarded our development's progress. Consequently, we were unable to move on the restaurant and hotel projects according to our earlier schedule. F-lowever, we are beginning to detect a positive momentum chance in ow- project activity. We are also on the brink of executing contractual agreements for the development of both t11e restaurant and hotel. We expect to begin construction on the restaurant yet this year, and on the hotel in the early spring. Both of these projects will provide much needed amenities for the businesses of Spectrum and Grand Oak Business Parks. We thank you and your staff associates at the City of Eagan for yo>.ir help and support over the years and specifically on the extension of our Conditional Use Permits. If you have any questions regarding this issue please don't hesitate to call either of us. Sincerely, C/ ,.. Rick Morphew Charlie Henrich (651) 675-2299 (651) 675-2288 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 651.675.0500 • FAX 651.675.2290 Agenda Information Memo September 16, 2003 Eagan City Council O. FINAL PLAT (OAK CLIFF PLACE) - BAUER DENTAL CARE ACTION TO BE CONSIDERED: To approve a Final Plat (Oak Cliff Place) to create one lot on approximately two acres located south of Cliff Road and east of Nicols Road in the NE %4 of Section 31. FACTS: • The site consists of two existing parcels which are being combined into a single lot. ATTACHMENTS (1): Final Plat, page (',G~ 5~ 3O g~` ~+ N o 3 ~o ~ 8 `;a ~ a s ~ ° ,_ $ F of ~° ~' m ~ a ~ ~ s~ k o ~ s .~ E ~ 8 2 b~, u ~ ~ d ~E` t y.5 ~ o ~ u 8 ~~ R ~ f ¢ c~ ib*~c ZogZ o8 a 4 ~~°oE i ~ ~oI I~ I OU pih0 .!g` ea ~ E Y ~ ~ gpckE W ; ~ S ~YE O ~ ~ ~ •ti~ = N ~ 0..~` kh e ~ ~ ~~ ^~`, ~ZW,,, .. Nti~ $fr = b 1,~ .w ~e VCa E U I _, w k„ ~' I ¢ c m„ igi; g.`b ~@ °. .4 -°°" ~ e w _ ~e ~e `o b o b° y o t ~¢ 3ti.°.$ 3ti ib We o a °~ £ +. ° a.x kbks°° ~`o Y'~ I ~ ka° E~ ~'F k ono„ b i I d ~ I „E` ai ` ~. 0a b `u~E_[ ~° 3 m~'23~ m'~21~ D~o`o ~' a, ~ ~. `off m ~`• ^ uC U` U°o a, 8n ~.° u _E u5 ~ ~, ~~ m E m2i m'' ° ~. cam` ~ °i ~~~~ c~~~Eo 5 E ~ Ea i~5 °F~°a u: _ 6a `o ° N`i u N4 em GE C L °` Cy u ° Ie `~ z(,ie 5&ke tg<° §§ S .I °b w i °u 3° n`obk° ~ o `o ~°.S o I AE o`ie .Q` °~ec Xg m T[ .rv ;k o~~~ y I `o Y, ~O „o 8 `a ~~=t Y F °ee ~ m oY ~o g_, 6 b ~" y h~ ok m r~ k„~ o °O 'a mN 2iE<b xiok ~ ~ ~ E 'g' `a ;.~„'¢~ ~ c ~ ~~~ c' ~E ~" SE ~ 2L : ~.°,-, -_ ob ~ ~~' ~ BSc w i3G Pik c° o~ Eo i 8'_.C ma ° R' ` Sk`Si ~ YY ~ ~ ~`oe ~,v Y °~ ~o °.~ ~°> ~ a as qa `aao¢ ~~ ~e ~' s m°• oN'F ok'Ec Eik «o m ~ a¢ is ~ cx ~'`e ~ ~ ~>..« Yo ,c ~. $+ -.„~~ c°°oc~" vb 5 I b. k'~.~0 5 b~ku„ ~eEoc ~~°'a Eo ~~ ~fy¢ ~ 'i' ~iI 'ego a°.°.<e~~S~ =3~ d N~Eb i I :~` _~~~'~ $~~9 0°` ~ Z§ Zac tE~ c ca € Ery °~ fi- e t J ~€- .i ~ I ~~ ° ~ 8 I ~xE a ~ I ¢E <J -- I " .4 ~ E h .F I ~a~. ~~ ; _~ x ..- ~; ~ o ` ~^' ° I I .To i~¢o o„ o + ~ I '~ ~ih$ f g I o p ~ v~ g o u ' ~ ~ ~ a '---- I -------------------------------- ~ ,-- ooy~L~ M.rzmaoos -- ~ ~ ~ I ~/ I i ~ r°°a - - - _ - - ~ . - ---- /'~ ~° ~rI ~ .,~~ I , 'Q ~ ~ ~ ~~ ~ aI i ~ y~ _I O I _~ I I I , II L ~ 5~ 66~ ~ $N ".' ~ - ~ -<< ,, I I I `~s~ ql I ~ I ~ A F\ I~ ~S `~?:; h ~ a ay J I /1 I ~ ~ ~`-- I 2 I f . Il\ '. ~ --I --------- ~o^ I I y ~ - rl-~'~-- -- -~ I L ! t - - 1 - - _ _ _ - - _ - / I - - rr ~u [t [ ',rw i../i Mv~ V,V !O'i9Z M_Z/.rIoADN y ,~. ie rn .s,M - --- Agenda Information Memo September 16, 2003 Eagan City Council Meeting P. CONTRACT 03-13, BORCHERT LANE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Reject the bids for Contract 03-13 (Borchert Lane- Street & Utility Improvements), and authorize re-advertisement for bids in early 2004. 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 authorized the street & utility improvements for Borchert Lane (Project 884), authorized the acquisition of easements through the quick-take eminent domain process, if necessary. • On August 19, 2003, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 03-13. • At 10:30 a.m. on September 11, formal bids were received for this project. A copy of the bid tabulation is attached. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. A copy of the bid tabulation is enclosed. The bid received from the low bidder was about 23% more than the cost estimate in the feasibility report for Project 884. Fall bidding often encounters higher prices due to the short length of the remaining 2003 construction season. • Due to the significant cost difference between the estimate and actual low bid, and the timing of the construction, the City Engineering staff recommends that the City exercise its right to reject any or all bids. • To potentially receive lower bid prices, the project can be re-bid in early 2004 with other similar projects. ISSUES: • At the May 20 public hearing, the City Council directed the preparation of assessable benefit appraisals with any recommended adjustment to the assessments brought back before Council for approval. • Using the appraisal amounts, a net reduction of approximately $50,000 results in the proposed assessments from those identified in the feasibility report for Project 884. A summary of the assessable benefit appraisals is attached for the Council's consideration. ATTACHMENTS: • Bid Summary, page~_. • Assessable Benefit Appraisal Summary, page~O~Jw . Cyr BID SUMMARY Borchert Lane Street & Utility Improvements City Project No. 884 City Contract No. 03-13 Bid Date: Thursday, September 11, 2003 Bid Time: 10:30 a.m. (:nntractnrc 1.) Danner, Inc. 2.) Eureka Construction, Inc. 3.1 McNamara Contracting, Inc 4.) Jay Bros S.ZMax Steininger, Inc. 6.} Bituminous Roadways, Inc Total Base Bid 140 689 158 555 164 996 170 750 175 403 188 806 Project 884 -Base Bid Low Base Bid $140 689 Feasibility Report Estimate $114,890 Percent Over(+) Estimate 22.5% Engineer's Estimate $117,070 Percent Over(+) Estimate 20.2% (~a Revenue Source -Feasibility Report Project Property City Cost Assessment Contribution Street Improvements $132,980 $106,380 ($ 26,600) Utility Service $14,780 $14,780 -0- Concrete Entrance Aprons $12,870 $12,870 -0- Totals $160,540 $134,030 ($ 26,600) The City contribution amount ($26,600) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. Revenue Source -with Appraisal of Benefit Amounts Project Property City Cost Assessment Contribution Street Improvements $ 132,980 $ 56,450 ($ 76,530) Utility Service $ 14,780 $14,780 -0- Concrete Entrance Aprons $ 12,870 $12,870 -0- Totals $160,540 $ 84,100 ($ 76,530) The City contribution amount ($76,530) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. $49,930 => Difference in City contribution amount between feasibility report preliminary assessment roll and appraisal of benefit amounts. Revenue Source -with Appraisal of Benefit Amounts & Low Bid Received Project Property City Cost Assessment Contribution Street Improvements $ 158,243 $ 56,450 ($ 101,793) Utility Service $ 11,571 $14,780 -0- Concrete Entrance Aprons $ 13,081 $ 12,870 ($ 211 Totals $182,895 $ 84,100 ($ 102,004) The City contribution amount ($102,004) would be the responsibility of funding sources from the City Parks & Recreation Department for Thresher Fields. Note: All Project Cost Estimates include 30% indirect costs (legal, administration, engineering, and bond interest) ~J h •ti O O O O e~ Q ~o h O ti ~ ~ ~ ~ ~ ~ Q ," O O O O O M ~ ~ M 00 O o\ ~ O r t~ ~ ~!1 ~ vl ~ V1 ~ Q ~ ..v r a a a O 0~ ' y ~ N N N °p U g i g ~ s b g 6 V 6~ 6J y G O O O ~ L CQ U N N N ~ L ~ ~ ~ N " O C ~ v w ~ o 0 .~ j ~ a a ~ ~ Q ~ u o00 0~0 y r •~ ~ ~ i:r L ~ ~ ~/] 69 d4 ti ~ ,y O O O O y ~ ~ b' 64 64 64 6'4 Y ~ ~ 0 ~ ~ L O M l ~ ~ O V'1 ~O •--i N ~ ~ ~ 6N9 6M9 ~ ~ ~ y O M O M O M O M CC yr a .-. ~ .-, .r .-. a d _ r+ C~ .+ M vl O ~ O M M M ['r ~1 N N O ~ O i O O i O O ~. O z V1 O _ O _ O _ O = '': M O o O 0 O 0 o 0 a N ~ ~ ~ H N i ~ ~ ~ O O O O .b 7 Q O z ~ ~ ~ ~ b ~ Q ~ b A ~ ~ N ~e ~ y - s y .. o z 0 z N M ~ ~ u '~ O ~" v '-' "' u '" OA L co +~ y a i ° ° W U c4 a ~., ca ~ tsa a . a oq . ~ ~f Agenda Information Memo September 16, 2003 Eagan City Council Meeting Q. GRAND OAK AUAR UPDATE ACTION TO BE CONSIDERED: Authorize the preparation of a 5-year update to the Grand Oak AUAR by SRF Consulting Group, Inc. FACTS: • The development of the area adjacent to Blue Gentian Road and Blue Water Road, including the Grand Oak Business Park and Spectrum Commerce Center, required the preparation of an Alternative Urban Areawide Review (AUAR) in lieu of an Environmental Impact Statement (EIS) due to the projected impact on the adjacent transportation system. The City Council approved the AUAR and the recommended transportation improvements on the TH 55/TH 149/I-494 corridors related to the projected development of this area in September, 1998. • The Environmental Quality Board (EQB) Rules for the AUAR process indicate that an AUAR Update should be prepared if "5 five years have passed since the Responsible Unit of Government (RGU) adopted the original environmental analysis document and plans for mitigation, or the latest revision. This item does not apply if all development within the area has been given final approval by the RGU." • Discussions with EQB staff indicated that there is no specific format for the update, and that it could range from an "additional information summary" to a reissue of the final AUAR document, depending on the complexity of the land use changes that have occurred (compared to the original AUAR assumptions) and the anticipated level of agency concern related to the land use changes. • Since the basic types of land uses (business park) have not changed substantially from the original AUAR scenario and since much of the area is redeveloping (i.e., does not include many environmentally sensitive resources), it is anticipated that agency concerns will be relatively minor and that a "summary document" approach would be adequate for the update. • The potential impact areas (traffic, storm water, sanitary sewer, etc.) would be reevaluated, and EQB staff recommended that agencies with a potential interest in the issues should be contacted to see if they have any questions or concerns regarding the changes in land use as they relate to these impact areas. • The AUAR update process would consist of preparation and distribution of the summary document, including EQB Monitor notification, followed by a 10-day opportunity for comment, prior to adoption of the update by the City Council at a future meeting. • Based upon the continuing development within the area of the Grand Oak Business Park and Spectrum Commerce Center 5 years after the Council's approval of the AUAR, it would be appropriate for the City Council to authorize the preparation of an updated AUAR summary document. • The cost estimate for the AUAR Update is $7,100 and would be funded by the mitigation fees that have been collected with each development to date. Agenda Information Memo September 16, 2003 Eagan City Council Meeting ~, AUTHORIZATION TO REACTIVATE THE REVOLVING LOAN FUND PROGRAM AND DIRECTION TO PREPARE AN APPLICATION AND REVIEW PROCESS ACTION TO SE CONSIDERED: To approve or deny authorization to reactivate the Revolving Loan Fund Program and to direct the Economic Development Commission to prepare a Program Application and Review Process for Council consideration. FACTS: • The City created its Revolving Loan Fund to provide gap financing to local businesses with the proceeds from grants/loans that were received from the State's Economic Recovery Fund and repaid by Lull Engineering and PPI. In both of those cases, the City completed the application form to the state with input from the businesses. As a consequence, the City has established a set of guidelines and criteria for applicants, but no application form or local review process. In order to issue new loans from the fund, both need to be established. The fund currently has a balance of approximately $190,000 and no loans are outstanding. • In response to a request through the League of Minnesota Cities, the City has received a large number of application forms as well as policies and procedures from other communities. In the staff review of this information, it appears that the application form is actually a small part of what will need to be completed in order to implement a reactivation of the program. While the guidelines appear to continue to reflect valid priorities, they may need to be updated in light of the current economy. Further, the review procedure necessary to determine the credit worthiness of applications is not yet in place and likely requires some policy discussion, before being recommended to the City Council for consideration. • At its meeting of September 8, 2003, the Economic Development Commission reviewed the background information and recommended that the Council authorize the reactivation of the program and requested direction to permit a subcommittee of the Commission to review and prepare a draft application and review procedure for consideration by the Commission and Council at a later date. ATTACHMENTS: • Previously adopted guidelines and criteria for applicants on pages -(p 9__ ~~Q _._ l REVOLVING LOAN FUND GUIDELINES CITY OF EAGAN I. BACKGROUND Revolving loan funds (RLFs) have become an increasingly popular business financing tool because of their ability to leverage public and private dollars and recycle funds as well as their flexible design and simple operation. RLFs provide firms with direct loans, loan guarantees and other financial assistance. As the RLF receives the principal and interest from outstanding loans, the money is made available to another borrower. This recycling of funds makes RLFs particularly valuable in light of the growing scarcity of development funds. RLFs are designed to alleviate the high cost and short supply of capita( for urban businesses by providing flexible. loan terms. Typically, RLFs lower the rate, lengthen the term, or reduce the risk of a loan. By increasing accessibility to capital, RLFs help firms expand, develop or remain in urban areas. By providing critical subordinate financing for a loan package instead of 100% direct financing, RLFs are an effective toot for leveraging. RLF loans are typically combined with other public or private dollars. 11. OPERATING BASIS The following are key factors in operating a successful RLF: 1. Reduce political influences on the loan selection process as much as possible. 2. Simplify the RLF loan terms and conditions as well as the approval process so that they do not seem complicated, time consuming or cumbersome to the applicants. 3. Design loan terms and conditions that allow the City to assume greater risks than those private lending institutions are willing to take, but do not make them so risky that the City assumes bad debts. 4. Alfow for flexibility in establishing loan terms and conditions to tailor loans to the needs of individual firms. 5. Establish clear goals and objectives for the RLF. 6. Establish and maintain a good working relationship with local private financial institutions. 7. Structure the RLF loan committee and other advisory bodies to include representatives and officials interested in the RLF. 8. Operate the RLF in a businesslike and professional manner. 9. Eliminate or reduce federal requirements with which clients must comply. ~-C7 ~Q7 The following are types of financial assistance that can be given to encourage economic development: 1. Make companion or second loans which can reduce the overall project interest rate; 2. Give direct loans at favorable interest rates and terms; 3. Guarantee loans made by private lenders; 4. Provide the required loan injection for SBA 503 loans; 5. Arrange interest subsidies together with private lenders; 6. Provide for principal reductions together with private lenders; 7. Provide collateral for private financing. lil. TARGETED AREAS WITHIN THE CITY OF EAGAN 1. Industrial zoned districts. 2. Other Commercial zoned districts. 3. Other business districts (PUDs, Cedarvale, etc.) IV. TYPES OF ASSISTANCE - IN ORDER OF PRIORITY 1. Existing business expansion. Defined as Industrial/Commercial related expansion and costs related thereto including land and building acquisition and construction, remodeling, equipment acquisition, and public facilities improvements. ~ 2. Business equipment acquisition. Defined as the purchase of additional depreciable assets for the purpose of expanding Industrial/Commercial activities. 3. Development of new business. Defined as the establishment of new, non- competitive IndustriaUCommercial business in all phases including land and business acquisition and construction, remodeling, and equipment acquisition. V. CRITERIA FOR THE USE OF RLF PROCEEDS 1. Applicants equity participation must equal at least 5% of the total fixed- asset costs of the project. 2. Loans may be in a junior collateral position to the major source of project financing unless RLF proceeds are the primary source of funds. 3. Terms of the loan should coincide with the term of the private portion of the loan, but may be shorter or longer depending on the circumstances. 4. The interest rate of the direct RLF loan should be approximately four to five points below the prime rate. 5. The applicant must meet the underwriting criteria of the private financial institution participating in the project. 6. The job/RLF assistance ratio for each project should be approximately $5,000 per job. ~ a-~ 7. Eligible costs include land and building acquisition and construction, remodeling, equipment acquisition, and public facilities improvements. Assets pledged as collateral must be approved by both the City and the participating private financial institutions. 8. RLF proceeds cannot be used to transfer ownership through acquisition of fixed assets unless the transfer results in a physical remodeling or expansion project approved by the City. 9. The minimum leverage ratio should be 2:1 private debt to RLF debt. 10. If the RLF proceeds are in the form of a principal reduction or interest write-down, 100% of the proceeds need to be repaid. The maximum subsidy payment period will be three (3) years. An additional two (2) years of repayment deferral may be given. Interest will be charged at a minimum rate of 3% on the two-year deferral period. There will be no accrued interest on the principal for the subsidy payment period. If repayment is deferred, the rate would not be less than 4%. 11. The maximum RLF money in each project wil! be $25,000. VI. OTHER REQUIREMENTS 1. Applicant must provide current records in a form acceptable to the City. 2. Applicant must provide valid bids for the work or equipment proposed. 3. The City must have available to it projections or pro-forma to support repayment ability. ~.. ~9 ~~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting S. APPROVE 2003 BUDGET ADJUSTMENT-HEALTH INSURANCE ACCRUALS ACTION TO BE CONSIDERED: To approve a 2003 General Fund budget adjustment increasing the employee health insurance accrual line item by $56,300 and reducing the contingency account by the same amount. FACTS: The 2003 budget was developed in 2002 using an estimated percentage increase for health insurance costs. The actual percentage increase was higher than the original budget estimate, resulting in an increase of $56,300 above the estimate. This action merely formalizes what the City has already committed to in 2003 for its contribution toward employee health insurance. The adjusted figures were incorporated into the 2003 column of the 2004 budget detail materials presented to the Council in August. ATTACHMENTS: None ~~ Agenda Information Memo Sept 16, 2003 Eagan City Council Meeting T. APPROVE TELECOMMUNICATIONS LEASE AGREEMENT ACTION TO BE CONSIDERED: Approve the telecommunication lease agreement with AT&T Wireless Services of MN, Inc. for an antenna installation on the Safari Reservoir located at 2091 Royale Drive and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City has received an application from AT&T Wireless Services of MN for the installation of wireless communications system antennas and ground support equipment on the Safari Water Reservoir. • This application has been reviewed by the City's radio communication consultant, City Attorney's office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. ~~ Agenda Memo September 16, 2003 CONSENT AGENDA: U. Revised Minutes -August 19, 2003 ACTION TO BE CONSIDERED: Approve revision to page 3 of the August 19, 2003 City Council minutes regarding an Interim Use permit for Duke Realty Corp. FACTS: • 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 was approved on August 19, 2003 subject to nine conditions. • Conditions numbers 2 and 3 listed dates that were incorrect. • Below are the corrected conditions, showing both the incorrect date and the correct date: 2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the location shown on the revised site plans dated Apri116, 2003. (previously June 20, 2003) 3. The north parking lot shall be re-striped to accommodate the angled parking of 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. (previously June 20`", 2003) ATTACHMENTS: A copy of the revised minutes are attached as page~3 and ~a Eagan City Council Meeting Minutes August 19, 2003 Page 3 OLD BUSINESS 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 and modifications to the approved landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. Beth Timm, representing the applicant, questioned the requirement of security lighting on the east side of the existing building. She requested a continuance to allow time to discuss the security lighting issue further with staff. Councihnember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned Development Amendment to allow a maintenance building within a utility easement and modifications to the approved Landscape Plan for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 1 S` Addition, in the SW '/4 of Section 30 Aye: 4 Nay: 0 (Mayor absent) PLANNED DEVELOPMENT AMENDMENT -SAM'S WEST, INC. City Administrator Hedges stated that the applicant for this item has requested a continuation until the September 2, 2003 City Council meeting. Councilmember Maguire moved, Councihnember Tilley seconded a motion to continue consideration 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: 5 Nay: 0 (Mayor absent) INTERIM USE PERMIT -DUKE REALTY CORP. City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow additional outdoor tractor trailer/truck storage at 1245 Trapp Road. Senior Planner Ridley gave a staff report. Bob Smith, representing the applicant, discussed the interim use permit request. He stated that the number of trucks could be decreased if necessary. Councilmembers discussed the number of trucks to be stored on the site and it was agreed that a maximum of thirteen would be appropriate. The time frame of the interim use permit was discussed and it was agreed to limit the pemvt to five years. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow an additional nine outdoor tractor trailer/truck storage on Lots l and 2, Block 1 Eagandale Center Industrial Park No. 12 at 1245 Trapp Road, subject to the following conditions. Aye: 5 Nay: 0 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 buck storage in the amount and at the location shown on revised site plans dated April 16, 2003. 3. The north parking lot shall be restriped to accommodate the angled parking of 53 foot tractor/trailers at the location shown on the revised site plan dated April 16, 2003. 4. Outdoor storage of tractorltrailers 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 Iandscape material shall be added between the storage area and I-494 to more adequately screen the designated storage location to be completed by October ] 5, 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. 73 Eagan City Council Meeting Minutes August 19, 2003 Page 4 9. The Interim Use Permit will be subject to annual review for compliance. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION (MARCELLA WOODS) -BRIAN OLSON City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to establish a LD, Low Density residential land use guide plan designation upon 6.54 acres of land located at 4880 Pilot Knob Road. Senior Planner Ridley gave a staff report. Brian Olson, applicant, and Council discussed the proposed landscaping adjacent to the existing soccer fields and front yard setback requirements. Councilmember Carlson moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 Councihnember Carlson moved, Councilmember Tilley seconded a motion to approve 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 '/ of Section 34. Aye: 5 Nay: 0 Councihnember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Marcella Woods) to create 15 single family lots and one outlot located at 4880 Pilot Knob Road in the SW '/< of Section 34; subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, 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 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 he issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan nad 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, Bock 1, Chapel Hill Baptist Church Addition subject to City Attorney review. 10. The development shall be responsible for a cash trail dedication. 11. The development shall be responsible for a cash parks dedication, minus credit given for the grant of trail easement. 12. An approved 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 an 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 acres-feet and should have a minimum area of 0.16 acres. The ~4 Agenda Information Memo September 16, 2003 Eagan City Council Meeting V. PROJECT 817, VIBURNUM TRAIL -JULY 2000 STORM MITIGATION ACTION TO BE CONSIDERED: Approve the Public Works Committee Recommendation for Dispute Resolution for Project 817 (Viburnum Trail -July 2000 Storm Mitigation Improvements) authorizing payment for warranty repair work. FACT5: • As a result of the July 2000 Storm Mitigation Improvements constructed near property at 2099 Vienna Lane, damage was incurred to a small area of the driveway. • Recognizing the need to correct the situation, a City representative visibly marked an area to be removed and replaced that included a large portion of the full width of the driveway. This reparation of the driveway was completed in compliance with standard City procedure. • While the property owner concurred that he originally agreed to the indicated reparation, he changed his mind and claims he indicated his interest to replace the entire driveway to the City's representative prior to the driveway removal and replacement. His request would have had him pay for the portion of the driveway work beyond the defined limits of the City's replacement area. • The property owner contends that the driveway restoration was completed without his permission, contrary to his request and resulted in an unacceptable driveway section. In response to his request to redo the reparation, including the entire driveway, City staff indicated that could not occur without Council direction. The property owner responded by requesting the Council's consideration, which had directed the review of the Public Works Committee. • The Public Works Committee has recommended the City contribute the cost to replace the portion originally replaced as a warranty repair and directed Mr. Strickland to submit two quotes for staff to determine the lowest bid and actual cost participation by the City. • Upon Council approval, a claim would be processed through Finance for a check made out to both the property owner and the low bid contractor for the driveway reparation. • Based upon the one cost estimate for the driveway work submitted by the property owner, about 52% of the total cost or $1,450 would address the warranty repair. ATTACHMENTS: • Public Works Committee Minutes Memo, page ~~ ~s ~-~_ ~~~ i _ .. ~`~ ` . ti l ~ ,. ~ MEMO ~~ city of eagan TO: FILE -PROJECT 817 (VIBURNUM TRAIL) PUBLIC WORKS COMMITTEE THOMAS L. HEDGES, CITY ADMINISTRATOR THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: RUSS MATTHYS, CITY ENGINEER DATE: SEPTEMBER 11, 2003 SUBJECT: NOTES FROM PUBLIC WORKS CMTE MEETING, 9-9-03 At 5:00 pm on Tuesday, September 9, 2003, the Public Works Committee, consisting of Council Member/Chair Fields and Council Member Maguire, met to discuss follow up issues relating to Project 817, Viburnum Trail (July 2000 Storm Mitigation Improvements). In addition, Public Works Director Colbert, City Engineer Matthys, Consultant Ryan Goodman (Bonestroo & Associates) along with Jamie Strickland were in attendance. The following are brief notes regarding the discussion and action that took place: Project 817 -Viburnum Trail (July 2000 Storm Mitigation Improvements) Director Colbert introduced a summary of the construction activities related to Project 817 that had occurred upon and adjacent to Jamie Strickland's property at 2099 Vienna Lane. He also reiterated the background as stated in the packet previously distributed to the Public Works Committee regarding the unresolved dispute between Mr. Strickland and the City of Eagan. As a result of the July 2000 Storm Mitigation Improvements constructed near his home, damage was incurred to a small area of the driveway. The inspector recognized the need to correct the situation and visibly marked an area to be removed and replaced that included a large portion of the full width of the driveway. This reparation of the driveway was completed in compliance with standard City procedure. While Mr. Strickland concurred that he originally agreed to the indicated reparation, he had changed his mind and indicated his interest to replace the entire driveway to the City's representative prior to the driveway removal and replacement. Mr. Strickland's request would have had him pay for the portion of the driveway work beyond the well defined limits of the City's replacement area. Mr. Strickland's contention is that the driveway restoration was completed without his permission and contrary to his request. In response to Mr. Strickland's request to redo the reparation, including the entire driveway, City staff had indicated that could not occur without Council direction. Mr. Strickland responded by requesting the Council's consideration, which had directed the review of the Public Works Committee. This background, along with photographs, was distributed to the Committee and Mr. Strickland prior to the meeting as part of the packet. Mr. Strickland presented his own more recent photographs at the meeting and expressed his disappointment in the driveway reparation. He stated that he thought he had worked with the City's designated representative on an acceptable replacement plan and was upset with the lack of communication that resulted in less than what he had requested and, in his opinion, an unacceptable driveway section. Mr. Strickland presented a cost estimate for the replacement of the entire driveway and requested the City's funding of a portion of the cost. The PW Committee recommended the City contribute the cost to replace the portion originally replaced as a "warranty" repair and directed Mr. Strickland to submit a second quote for staff to determine the lowest bid. The meeting adjourned approx. 5:35 pm. ~~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting W. Resolution Supporting the Dakota County Economic Development Partnership E-Commerce Ready Initiative ACTION TO BE CONSIDERED: To approve a resolution supporting the Dakota County Economic Development Partnership E-Commerce Ready Initiative and Authorize Submission of an Application to the E-Commerce Certification Program. FACTS: • The E-Commerce Readiness Program is a certification process under the auspices of the Minnesota Department of Employment and Economic Development. The program is an evaluation of a community's technology and communications infrastructure and planning, as well as an inventory of local information service providers. The purpose is to allow City's to assess their capacity to support businesses that rely on e-commerce and to promote that ability within their economic development communications. • The Dakota County Economic Development Partnership is coordinating the efforts of its member cities to receive E-Commerce Readiness Certification, so that Dakota County can be recognized as the first E-Commerce Ready County in Minnesota. • City staff has worked with the County and other agencies in preparing the application materials. One aspect of the submittal is the adoption of a resolution of support for the program by the City Council. A draft resolution has been prepared in that regard. ATTACHMENTS: • Resolution on paged ~ .. $~ • E-Commerce Readiness Guidelines on pages ~9' . ~~ Resolution in Support of the City of Eagan's Participation in the Dakota County Economic Development Partnership (DCEPD) E-Commerce Ready Initiative WHEREAS the City of Eagan values the technology and communications infrastructure available to the Eagan community; and, WHEREAS the City recognizes the importance of coordination of technology with Eagan businesses, schools, and citizens; and WHEREAS the City's advancements in E-Commerce technology serve as a significant marketing tool and an economic development asset to the City; and, WHEREAS the City has been invited to participate in the DCEPD E-Commerce Readiness Initiative; and WHEREAS Dakota Electric has generously provided a grant of $1,000 to pay the participation costs of the Initiative; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Eagan strongly supports the City of Eagan's participation in the Dakota County Economic Development Partnership (DCEPD) E-Commerce Readiness Initiative. CITY OF EAGAN CITY COUNCIL sy: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy 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. Mira McGarvey, Deputy Clerk ~~ The Guide to Electronic Commerce Community Readiness ~~r1yES019 Trade & , Econom~.c Development 79' i Table of Contents I. Background on Electronic Commerce ..............................................3 1. Electronic Commerce Readiness Guide -What is it? ...........................3 2. Who's involved with Electronic Commcrce? ......................................4 3. What are the benefits of Electronic Commerce? .................................5 II. E-Commerce Readiness Questions ..............................................................8 III. Next Steps ...................................................................................................13 IV. Glossary ......................................................................................................15 2 _ ` . E-Commerce Readiness Guide -What is it? The 1999 Minnesota legislature assigned the Department of Trade and Economic Development with the responsibility to create an "E-commerce certification program" for communities. "E- commerce" or electronic commerce is a term used to describe all commercial and. non-commercial activities facilitated through the use of information technology and network technologies, such as the Internet, intranets and extranets. Information technology and "E-commerce" is yet one more complex issue for local economic development professionals to learn and understand. Most economic development professionals know that high speed data access to the Internet is already becoming a key location factor for some types of businesses. The questions in the guide will be used to document the stages of readiness for E-commerce in cities across Minnesota. Those cities so certified receive use of an electronic image that will be - - displayed on their online Community Profile. The image may also be displayed on community web sites as well as other city publications and marketing materials. A few questions that cities should be asking themselves regarding information technology are: • What are the best strategies to ensure the proper level of investment for information technology infrastructure in our community? • How can we work with our local telecommunications provider(s) to meet the informational technology needs of businesses and residents in our community? • How does informational technology fit into our city's economic development strategy? • What is required to create a culture that embraces electronic commerce? Much of the information in the guide has been drawn from the "The Guide to Global Electronic Commerce" authored by the Computer Systems Policy Project organization based in Washington D.C. Information on this organization can be obtained at their web site at www.cspp.org The process is designed for self-administration by city officials with instructions on where to go for information. For more information or assistancc in completing the guide, call Margaret Olson, E-commerce Ready Coordinator for DTED at 1-800-657-3858, directly at 651-296-3963, or a-mail Margaret.Olson@state .mn.us. ~~ Who's involved in Electronic Commerce? Citizens • E-commerce is more than technology. It's about making things work more efficiently and effectively. It involves a community's government, educational institutions, healthcare facilities and most importantly its citizens. E-commerce includes: using the Internet to learn more about a product before purchasing it at a store; • shopping online for groceries and having them physically shipped to the front door; • ordering and receiving software, music or a video without ever leaving the house; • participating in a degree program from a college; or • renewing a driver's license Businesses E-commerce is showing signs of exploding across the world economy. In 1997 e-commerce amounted to $5.6 billion. In 1999, Forrester Research estimated that e-commerce amounted to more than $118 billion in the United States. Of this amount businesses to business sales accounted for $100 billion versus $18 billion in consumer purchases. By 2003, Forrester forecasts that business-to-business sales alone could reach $1.3 trillion in the United States. Whether all that business is new or merely shifting resources, the transition is likely to continue to change the way business is done in the 21 S` century. How these changes affect your community will largely depend on the state of your community's readiness. Other business uses include: • custom designing clothing to customers' dimensions provided online; • managing inventory from remote locations to send data to a central providing company and product information; • providing technical assistance online all day and all night; • creating fully automated, online systems for ordering products and services from vendors and suppliers; or • allowing consumers and businesses to order and receive products and services safely and securely online. Government and Other Public Service Organizations The Internet makes it easier than ever for residents of communities to stay informed about what's happening in their city. To maximize the efficiency and effectiveness of this technology cities should take steps to educate residents of all ages and educational backgrounds on the basics of the new technology and offer training opportunities to help residents and business owners become active in its application. 4 The "bells and whistles" of the Internet continue to change but the axiom that "content is what counts" could never be more true. Local government web sites need to keep in mind that the aesthetic appearance of a site will not matter to users if there is no valuable and useable information as a foundation. From the National League of Cities, August 16, 1999: "With a few keystrokes, citizens in Bakersfield, Calif., can tap into more than 100,000 pages ofinformation-12,300 individual documents--dealing with all functions of the city government. The website contains the entire city code and city ordinances, real estate and tax records, minutes of council meetings, and details of the city budget. Most new records and information is available in both English and Spanish. The city scanned documents and transferred them to the city's website to make the switch over from paper to electronic records. With information now on the web, the city now avoids many time-consuming and costly research chores, copying charges, and postal fees." . Other uses for government and public service organizations include: • posting information online to inform citizens and facilitate interactions; • collecting income tax filings via the Internet; • fielding Requests for Proposals (RFPs) and other procurement requests online, • offering remote instruction to local students for distance learning; or • integrating technology and Internet-based curriculum components into classroom activities. 5 What are the Benefits of Electronic Commerce? Extends Market Reach Around the Globe A community's market is bounded by the people that can effectively and efficiently be reached for both purchasing and selling goods and services. Electronic commerce erases geographic boundaries so even the smallest community reaches around the globe. Advanced technology can also bring local businesses back in touch with their local market and even expand their market to other azeas. Increases Convenience and Choice Electronic commerce enables more informed decisions allowing users to consult numerous online resources, comparison shop and even test certain products without ever leaving the house or office. Because technology enables electronic cataloguing of volumes of online product and service information, consumers can specify preferences, leaving sellers to respond only to the particular criteria. In addition, electronic commerce increases consumer convenience because consumers -individuals, municipal departments, or large corporations -can locate and purchase goods and servicestwenty-four hours per day, seven days per week. Generates New Business Opportunities Electronic commerce is a 21st century economic development tool. The explosive growth of information networks, and increasing consumer confidence in technology, open the door for today's commercial pioneers to develop new businesses, and revitalize existing businesses. To a large degree, these businesses capitalize on the array of information available through networks and the new levels of interaction they create. This interaction not only takes place nation and world wide but locally as well. For example, there are a number of new companies whose core business is organizing, managing and presenting online information so it is easy for consumers to use. Others are building virtual communities to unite people with common needs and interests by providing a forum for the exchange of information, experiences and ideas. Enhances Competition and Reduces Prices Electronic commerce is a great leveler. It allows diverse businesses, whether small or lazge, urban or rural, capitalized or on a shoestring budget, to compete an a common playing field. Also, because information networks and technology conveniently make information available to consumers, the result is more competition, better quality products and services, as well as reduced prices. For example, many companies post free information on the Web, encouraging consumers to Team more about their products and services. Others offer online customer service centers that field questions twenty-four hours per day. These changes not only signal a change in the commercial market, but a change in how consumers define market value. 6 8~ Creates New Market Efficiencies Electronic commerce provides users with an opportunity to potentially benefit from new mazket opportunities. For example, airlines use communications networks and information technology to electronically issue special, last minute fares at very low cost to fill open seats on selected flights. The low fares are publicized via a-mail or posted on the Web and enable airlines to fill their planes, maximizing revenue. Consumers are able to fly at a fraction of the usual cost. Local governments can allow zoning permits to be filed electronically once and automatically distribute them to the necessary offices, rather than requiring filers to make dozens of hard copies and hand deliver them. Telecommuting Telecommuting describes a phenomenon that could have an economic development impact for communities of all sizes, in all locations. In the past the words "economic development" often implied luring plants or corporations to your community. Communities would compete to see who could give the most tax breaks or give away the most industrial pazk space. Businesses are beginning to realize that in today's information-economy all of their workers dont have to be located in the same physical space. It is often more cost-effective for them to have employees work at home or at remote sites. Numerous studies suggest employees who telecommute are also more productive. The benefits to communities are obvious. If workers can live in your town while their employer's physical office remains in another location, those employees can buy homes in your town, support your schools, and shop in your stores. Will your community have the telecommunications infrastructure to support telecommuters? Streamlines Operations and Reduces Costs Businesses, government agencies and other.organizations around the world already use networks and information technology to connect their operations directly to their core constituencies including citizens, customers, employees, suppliers, contractors and distributors. The result is streamlined operations and reduced costs. For example, customers place orders electronically and check account status or track package delivery online. Using new distribution models, companies centralize inventory and distribution functions. And by fostering more robust information exchange, electronic commerce enables governments to be more responsive to citizens' needs, and it provides businesses - with the means to more precisely schedule order and delivery of parts and supplies, reducing on-hand inventory while still meeting customers' demands. 7 ~~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting X. Service Agreement to Perform Phase I Environmental Review for Portions of the Nicols Ridge Development Property in the Cedar Grove Redevelopment District, Braun Intertech, and Resolution to Give Notice of Intent to Enter to Affected Property Owners ACTION TO BE CONSIDERED: To approve a service agreement with Braun Intertech to perform a Phase I Environmental Review for portions of the Nicols Ridge Development Property in the Cedar Grove Redevelopment District and to approve resolution to give notice of intent to enter to affected property owners. FACTS: • The City Council previously authorized the assignment of the TIF Development Agreement for the Nicols Ridge Development from Delta Development to US Home. At the time of the assignment, US Home indicated that they wished to amend portions of the development agreements to conform to circumstances within their corporate structure, to recognize that the project is starting at a later date than had been contemplated in the original Delta Development approvals, to modify the architecture of one of the housing products within the development, adjust project phasing and to clarify the break down of property acquisition costs between the City and the developer. • At its workshop meeting of September 9, 2003, and in action later in this agenda, the Council has been asked to address the acceptability of the architectural elements. • City staff and consultants continue negotiations with US Home regarding an amended and revised TIF development agreement that would address the other issues identified above. The primary outstanding issue appears to be a delineation of environmental remediation costs for properties that may be acquired by the City and resold to the developer. • In an effort to better define the extent of those costs, the developer has proposed and staff recommends the performance of a Phase I environmental review for all properties within the Nicols Ridge development area that have not been evaluated in that way to date. The developer has offered to pay the costs of this Phase I analysis, but the City must pass a resolution and give prior notice to affected property owners prior to entering their property for this purpose. gCo Agenda Information Memo September 16, 2003 Eagan City Council Meeting X. Continued. • Environmental reviews have been performed on a number of the properties as part of acquisitions either by Delta Development or the City. The proposed review would cover 6 additional properties. ATTACHMENTS: • Resolution on pages S ~ - 43 ~~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952)432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com TO: Jon Hohenstein, Community Development Director CC: Russ Matthys, City Engineer FROM: Robert B. Bauer, City Attorney DATE: September 10, 2003 RE: Cedar Grove/Entry Upon Land for Phase I Environmental Testing Our File No. 206-20268 Jon, The City does have the ability to enter upon the properties for the purpose of environmental testing. Specifically, MINN. STAT. § 117.041 authorizes the entry upon land for investigation, monitoring, testing, surveying, boring or other similar activities that are necessary and appropriate to identify the existence of any pollutants or contaminants. However, the following must occur: 1. COUNCIL RESOLUTION. The City Council must adopt a resolution indicating its desire to enter upon the specific properties to conduct investigation, monitoring, testing, surveying, boring and other environmental activities associated with a Phase I environmental study. A sample resolution is enclosed as an attachment (please insert the property addresses and legal descriptions). 2. NOTICE TO PROPERTY OWNERS. At least ten days before entering the property, the City must serve notice upon the property owner requesting permission to enter the property and stating the approximate time and purpose of the entry and also give the owner the option of refusing entry. The notice must also give the owner the option of requesting an equal amount of any sample or portion taken from the property as well as a copy of any data obtained or report issued. If the property owner refuses to g$ Jon Hohenstein September 10, 2003 Page 2 consent to the entry, the City may then seek a court order authorizing the entry and removal of any samples for testing. As a party to the proceeding, the City may not use its own employees to serve the notice. Instead, we would desire to coordinate service through our office using a private process server. In summary, although the City is allowed to enter to under the environmental testing, it must carefully follow the requirements under MIIw. STAT. § 117.041. Should you have any questions, please feel free to give me a call. ~y EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 16, 2003, at 6:30 p.m. The following members were present: ;and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENTRY UPON LAND TO CONDUCT ENVIRONMENTAL TESTING WHEREAS, as part of the Cedar Grove redevelopment area, the City has reason to believe that it may be necessary to use the power of eminent domain to facilitate development; and WHEREAS, based on previous acquisitions within the Cedar Grove area, the City has reason to believe that a hazardous substance, pollutant or contaminant may be present on the properties that it may acquire through the use of eminent domain; and WHEREAS, the entry upon these properties for environmental testing is necessary to address the health, safety and welfare concerns within the City; WHEREAS, the City desires to conduct such environmental testing on the following properties: Parcel Tax ID Property Description 101352002001 lot 2, Block 1 BEAU D RUE DRIVE PLAT 101352001001 Lot 1, Block 1 BEAU D RUE DRIVE PLAT 101352001000 Outlat A BEAU D RUE DRIVE PLAT 100190004212 SECTION 19 TWN 27 RANGE 23 PT OF NE 1!4 COM S LINE 1306.52 FT E OF SW CORN 33D06M20S W 373 FT TO BEG N 56D53M4DS E 139.75 FT N 7D27M13S W 158.20 FT S 82D32M47S W 147.88 FT N 26D41M W 90 FT N 33D06M20S W 60 FT TO C/L RD SW ON C/L 85 FT S 33DO6M20S E 355.40 FT TO BEG 100190004112 SECTION 19 TWN 27 RANGE 23 PT OF NE 1!4 COM S LINE 1306.52 FT E OF SW CORN 33DO6M20S W 373 FT N 56D 53M40S E 139.75 FT N 7D27M 13S W 158.20 FT TO BEG CONT N 7D27M13S W 73.38 FT N 33D06M20S W 148.51 FT TO C/L RD SW ON C/L 155.01 FT S 33DO6M20S E 60 FT S 26D41 M E 90 FT N 82D32M 47S E 147.88 FT TO BEG `O 100190003012 SECTION 19 TWN 27 RANGE 23 PT OF NE 1/4 BEG S LINE 1155.73 FT E OF CEN SEC NW AT ANG 55D 34M TO S LINE TO C/L OLD SIBLEY HGWY NE ON C/L 120 FT SE 8 PARR TO 1ST LINE 624.2 FT S TO PT ON S LINE 98.5 FT E OF BEG W 98.5 FT TO BEG BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the City, through its consulting engineering firm, Braun Intertec Corporation, is authorized to enter upon the above-referenced properties to undertake such environmental investigation, monitoring and testing as maybe necessary under a Phase I Environmental Study. BE IT FURTHER RESOLVED that the City Attorney is directed to serve such notice of entry upon the affected property owners in accordance with Mme. STAT. § 117.041. ADOPTED by the Council this 16~' day of September, 2003. Pat Geagan, Mayor ATTEST: Maria Karels, Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and her signature attested by the City Clerk. !~ Property Owner Information Cedar Grove Redevelopment Area-Nicols Ridge Properties included Property Tax ID Owner/Owner Address (tax records) 101352002001 WADE H 8~ DEBRA L YARBROUGH 12916 HAMLET AVE SAINT PAUL MN 55124-9730 101352001001 EAGAN ECONOMIC DEVELOPMENT AUTHORITY TOM HEDGES EXEC DIR 3830 PILOT KNOB RD EAGAN MN 55122 101352001000 DENNIS D & FRANCES A GONYEA DARREL E & CHRIS T GONYEA 50 GROVELAND TERR MINNEAPOLIS MN 55403-1145 100190004212 EAGAN ECONOMIC DEVELOPMENT AUTHORITY TOM HEDGES EXECUTIVE DIRECTOR 3830 PILOT KNOB RD EAGAN MN 55122 100190004112 JOOS ELECTRIC CO 3980 BEAUDRUE DR SAINT PAUL MN 55122 100190003012 HANSEN METCALF ENT 3990 BEAU DE RUE DR SAINT PAUL MN 55122 HANSEN METCALF ENT JOOS ELECTRIC CO EAGAN ECONOMIC DEVELOPMENT AUTHORITY 3990 BEAU OE RUE DR 3980 BEAUDRUE DR TOM HEDGES EXECUTIVE DIRECTOR SAINT PAUL MN 55122 SAINT PAUL MN 55122 3830 PILOT KNOB RD EAGAN MN 55122 DENNIS D & FRANCES A GONYEA DARREL E 8 CHRIS T GONYEA 50 GROVELAND TERR MINNEAPOLIS MN 55403-1145 EAGAN ECONOMIC DEVELOPMENT AUTHORITY TOM HEDGES EXEC DIR 3830 PILOT KNOB RD EAGAN MN 55122 WADE H & DEBRA L YARBROUGH 12916 HAMLET AVE SAINT PAUL MN 55124-9730 93 Agenda Information Memo September 16, 2003 Eagan City Council Meeting Y. Direct City Attorney to prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks, newsstands, and newspaper vending boxes ACTION TO BE CONSIDERED: To direct the City Attorney to prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks, newsstands, and newspaper vending boxes, per the recommendation of the City Council at the September 9 workshop. FACTS: • Per the request of the City Council, staff conducted research regarding the restrictions that cities can place on the placement of news racks, newsstands, and newspaper vending boxes. • At the September 9, 2003 City Council workshop, the Council reviewed a memo prepared by the City Attorney's office, which outlined the City's ability to eliminate or otherwise restrict news racks, newsstands, and newspaper vending boxes. • At the September 9, 2003 workshop, the City Council also reviewed the City of Crystal's ordinance regulating news racks. • In official action taken at the September 9, 2003 workshop, the City Council directed that an item be included on the September 16, 2003 consent agenda to direct the City Attorney to prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks, newsstands, and newspaper vending boxes. • Also included in the motion was the direction that the ordinance amendment address the chaining of news racks, newsstands, and newspaper vending boxes to City utility poles. ATTACHMENTS: Enclosed on pages through ~ is the memo from City Attorney Dougherty regarding the City's ability to restrict the placement of news racks, newsstands, and newspaper vending boxes. Also included is the City of Crystal's Ordinance regulating news racks. q~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Mike Ridley, Senior Planner FROM: Michael G. Dougherty, City Attorney DATE: February 5, 2003 RE: JOB DIGS In response to a request by the City Council, our office has reviewed the City's ability to elin-unate or otherwise restrict news racks, newsstands and newspaper vending boxes, such as that identified as JOB DIGS. As we had previously discussed, there aze certain constitutional protections to the public distribution of newspapers and periodicals through the use of news racks, newsstands or vending boxes placed on public sidewalks and streets. A City may not completely ban the use of news racks or other newspaper vending devices on streets and sidewalks. However, news racks and newspaper vending machines are not outside of the scope of all City regulations. The City may impose reasonable "time, place and manner" regulations on news racks if the regulations aze clearly and narrowly drawn so as to avoid azbitrary and unnecessary infringement on the freedoms of speech and press. Time, place and manner restrictions are reasonable and permissible only if they are content neutral. Examples of regulations which have been upheld are: 1. Prohibiting the placement of news racks that would interfere or impede the flow of pedestrian for vehiculaz traffic; 2. Preventing installation, where news racks interfere with the cleaning of sidewalks by the use of mechanical sidewalk cleaning machinery; and 3. Restricting the size and shape of newspaper boxes, so long as the standazd is clear and affords the City officials no discretion. I have enclosed for your review a copy of the City of Crystal's Ordinance regulating news racks. Our office has had an opportunity to review a number of similar ordinances in different cities and found the Crystal Ordinance to be the best example of a time, place and manner restrictions. If you have any questions regazding any of the content, please let us know. MGD:srk Attachment 9~ Crystal City Code 8 i 5.13, Subd. 7 (Rev. 1995) Subd. 7. Fee. There is no fee for a special permit issued under this subsection. Subd. 8. ~ecial condition. The use, consumption, display and presence of liquor and beer in pazks and related park facilities is a matter of special concern to the city as such activity relates to the peace and good order of the city. For that reason the issuance of a special permit under this subsection is determined to be a matter within the sole discretion of the city council, and its detemvnation to issue or not to issue a special permit is final. The council may impose additional conditions in the granting of a special pemut. The application for the special permit must be accompanied by (i) a copy of this subsection, (ii) an acknowledgement by the applicant that the subsection has been read and is understood by the applicant, and (iii) that applicant agrees not to challenge or in any way contest the determination of the city council with regard to the issuance of the special permit. 815.15. In-line skates. It is unlawful to enter upon and move about on in-line skates (i) on tennis courts in a park, (ii) upon playground equipment in a park, or (ii) on the stage of the Becker Park Performing Arts Center. (Added, Ord. No. 95-5, Sec. 2) Section 820 - Newsracks 820.01. Subdivision 1. Defuutions. For the purpose of this section the temvs defined in this subsection have the meanings given them. Subd. 2. 'Newsrack" means aself-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals. Subd 3. "Parkway" means that area between the sidewalks and the curb of any street, and where there is no sidewalk that azea between the edge of the roadway and property line adjacent thereto. Subd 4. "Roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel. Subd. 5. "Sidewalk" means any surface ordinarily used for pedestrian travel. Subd 6. "Street" means that area dedicated to public use for public street purposes and must include, but not be limited to, roadways, pazkways, alleys and sidewalks. 820.03. News racks: general rules. Subdivision 1. Location in roadways. It is unlawful to install, use or maintain any newsrack which projects onto, into or over any part of the roadway. Subd. 2. Restrictions of pazkways and sidewalks. Newsrack that in whole or in part rests upon, in or over any sidewalk, parkway, or public right-of--way property must comply with the following standards: !~ Crystal City Code 820.03, Subd. 2 a) a) The newsrack may not exceed five feet in height, 30 inches in width, or two feet in depth. b) Newsracks placed near the curb must be placed no less than two feet from the edge of the curb. Newsracks placed adjacent to ~e wall of a building must be placed parallel to such wall and not more than six inches from the wall. c) A newsrack may not be chained, bolted or otherwise attached to any city owned property. A newsrack may be bolted to parkways, provided that the owner of the newsrack must repair any damage done to parkways when the newsrack is removed. d) Newsracks may be chained or otherwise attached to one another, however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches must separate each group of three newsracks so attached e) A newsrack, or group of attached newsracks allowed under paragraph d) hereof, may not weigh, in the aggregate, in excess of 350 pounds when empty. fj A newsrack may not be placed, installed, used or maintained: 1) within five feet of any mazked crosswalk; Z) within 12 feet of the curb return of any unmarked crosswalk; 3) within 15 feet of any fire hydrant, fire ca[I box, police call box or other emergency facility; 4) within ten feet of any driveway; 5) at any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet unless such passageway is already restricted by a permanent fixture and the placement of the newsrack will not reduce the remaining passageway. , 6) at a location where the newsrack interferes with or hinders city removal of snow, ice, and debris from the roadway or sidewalk. g) A newsrack may not be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein. h) A newsrack must be maintained in a clean and neat condition and in good repair at all times. 6/ Crystal City Code 820.05 820.05. Identification. A person who places or maintains a newsrack on the streets of the city must have the name, address and telephone number of the owner affixed thereto in a place where such information may be easily seen and must inform the city engineer in writing where it has located a newsrack within ten business days after placing the newsrack on a parkway or sidewalk 820.07. Insurance. A person placing newsracks in the city must provide proof of liability insurance in the amounts of $100,000 for any single accident, and $10,000 for property damage in which the city must be named an additional insured. A certificate of insurance must be delivered to the city clerk prior to the placement of the newsrack on a sidewalk or pazkway. 820.09. Hold hatTnless a Bement. A person placing a newsrack in the city must fiumish a statement to the city clerk agreeing to defend and hold the city of Crystal hamiless from any and all liability, judgments, damages, or expense that may arise or grow out of the installation, maintenance, use, presence, or removal of newsracks. 820.11. Violations. Upon determination by the city manager that a newsrack has been installed, used or maintained in violation of the provisions of this section, the manager must issue a written order to correct the offending condition to the owner of the newsrack The order must specifically describe the offenduig condition and suggest actions necessary to correct the condition. Failure by the owner to properly correct the offending condition within seven days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order will result in the newsrack being summarily removed and processed as unclaimed property under section 325. 820.13. Anneals. A person aggrieved by a finding, determination notice or action taken under the provisions of this section may appeal to the city council. The taking of an appeal to the city council will stay the removal of any newsrack until the city council makes its determination unless in the judgment of the city manager the newsrack presents a cleaz and present danger of imminent personal injury or property damage. Nothing contained in this section is to be interpreted to limit or impair the exercise by the city of its police power, in the event of an emergency, to remove a newsrack. 820.15. Abandonment. In the event a newsrack remains empty for a period of ten continuous days, the newsrack is deemed abandoned and may be treated in the manner as provided in subdivision 6 for newsracks found to be in violation of the provisions of this section. !~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting Z. ADVANCED EVP DETECTOR INSTALLATION CSAH 32 & GALAXIE AVENUE ACTION TO BE CONSIDERED: Authorize the installation of an Advance Emergency Vehicle Pre-Emption Detector for the intersection of Cliff Road and Galaxie Avenue, award a contract to Collins Electrical Construction Co., in the amount of $34,610.00 to complete the work and authorize the Mayor and. City Clerk to execute all related documents. FACTS: • Fire Station No. 5 is located at the southwest corner of Galaxie Avenue and Plaza Drive. The vast majority of the calls that units from this station respond to require the fire department vehicles to travel through the intersection of Cliff Road (CSAH 32) and Galaxie Avenue. • The physical layout of this intersection, including the lane configuration, limits the clearing of vehicles from the intersection under the normal operations of the Emergency Vehicle Pre-Emption (EVP) system, as it is used throughout the City. The current situation creates a safety problem during fire calls for both the traveling public and the emergency responders. • The Fire Department, Public Works Department and Dakota County Transportation Department have worked together throughout the past year to implement changes to the EVP system at this intersection that could effectively improve the safety of the public, fire fighters and fire safety equipment. Minimal improvements have been realized, but not to the desired level of safety. • In order to clear the intersection for safe passage by the fire safety equipment, additional changes must be implemented to prompt earlier detection by the EVP system. • The installation of an advance EVP detector south of the intersection of Cliff Road and Galaxie Avenue will address the EVP signal reading limitations created by the curves in Galaxie Avenue south of the intersection. • As part of the cooperative effort between the City and County, Transportation Department staff prepared plans and specifications for the furnishing and installing of materials and electrical equipment for the advance EVP detector that would be in compliance with the City's EVP system. • The second contractor, Peoples Electrical Contractors, submitted "No bid" due to the time constraints within the specifications. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations and found to be in order for favorable Council action. • The associated cost will be the responsibility of the City's Major Street Fund. Q~ Agenda Information Memo September 16, 2003 Eagan City Council V. PUBLIC HEARINGS A. VARIANCE - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve (OR to deny) athree-foot Variance to the minimum ten-foot side yard setback for living space at 690 Rosa Court, legally described as Lot 2, Block Z, Natures Edge, in the NW '/o of Section 36. FACTS: • The lot is located on the southwest corner of Dodd Road and Rosa Court with the front facing Rosa Court. • The house is being constructed with a finished room (bedroom) above the garage, which results in second story living space being set back only seven feet from the side property line. • The Zoning Ordinance requires a ten foot setback from side property lines for living space. • The buildable area of the lot is constrained by the required 40-foot setback from Dodd Road. • Having built many homes in several subdivisions within Eagan in recent years, the builder should have been aware of the setback requirements, however, the nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. • One alternative to the setback Variance would be to construct an interior wall to reduce the size of the living space from 11.5' to 8.5', but that would result in the room not having a window, and it would not reduce the exterior size and visual impact of the structure. 60-DAY STATUS: • Deadline is November 2, 2003. ATTACHMENTS (1): Variance Report, pages 10) through ~~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 11, 2003 APPLICANT: Manley Land Development PROPERTY OWNER: Manley Land Development CASE: 36-VA-13-08-03 HEARING DATE: September 16, 2003 APPLICATION DATE: Sept. 3, 2003 REQUEST: Variance LOCATION: 690 Rosa Court COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST PREPARED BY: Pamela Dudziak The City of Eagan is requesting athree-foot Variance to the minimum ten-foot side yard setback for living space at 690 Rosa Court, legally described as Lot 2, Block 2, Natures Edge, in the NW'/4 of Section 36. AUTHORITY FOR REVIEW 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. c. That special conditions or circumstances do not result from actions of the applicant. ID( Planning Report -Manley Land Development September 16, 2003 Paee 2 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. CODE REQUIREMENTS City Code requires a minimum side yard setback of 10 feet for the house or living space, and five feet for a garage. BACKGROUND/HISTORY Natures Edge was platted in May 2002. The R-1 (Residential Single Family) zoning district requires a minimum lot size of 12,000 square feet and lot width of 85 feet. The subject site is 12,819 sq. ft in area, with a lot width of 100 feet. The house on this site is new construction built this year. While construction is complete, the certificate of occupancy has not been issued and the builder continues to own the property. EXISTING CONDITIONS The lot is located on the southwest corner of Dodd Road and Rosa Court. The house is situated with the front facing Rosa Court. From the site survey the structure appears to meet setback requirements with a 40-foot setback from Dodd Road, more than 15 feet of setback in the rear yard, and aseven-foot side yard setback for the garage. However, the house is being constructed with finished living space (a bedroom) above the garage, which results in second story living space being set back only seven feet from the side property line rather than the required minimum of 10 feet. EVALUATION OF REQUEST Variance Criteria -The Zoning Ordinance states that relief maybe granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The lot size is 12,819 square feet. The structure occupies 1,918 square feet, or 14.9% of the lot area. This is less than the maximum building coverage allowed by City Code. ~~a Planning Report -Manley Land Development September 16, 2003 Paee 3 Evaluation of Hardship - A demonstrable difficulty is required to grant relief from the minimum required setback. Relief from a required minimum setback is requested to allow for the 2na story living space above the garage addition. The buildable area of the lot is constrained by the required 40-foot setback from Dodd Road. On an interior lot, only a ten foot setback would be required. While the lot width is 15 feet more than the required minimum, it only partially compensates for the 40-foot minimum setback from Dodd Road. Also, the nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. Having built many homes in several subdivisions within Eagan in recent years, the applicant should have been aware of the setback requirements. One alternative to the setback Variance would be to construct an interior wall to reduce the size of the living space by three feet, from 11.5' to 8.5'. Doing so, however, would result in the room not having a window, and it would not reduce the exterior size and visual impact of the structure. SUMMARY/CONCLUSION Manley Land Development is requesting a setback Variance for second story living space to be within seven feet of the side property line. The buildable area of the lot is constrained by the required 40-foot setback from Dodd Road. In addition, the nonconforming setback resulted in part from public action since City staff did review the survey and building plans and issued the building permit for the structure as proposed. A determination regarding relief from the Zoning Ordinance is considered a policy matter to be determined by the City Council. ACTION TO BE CONSIDERED To approve a Variance of three feet to the required 10-foot minimum side yard setback for 2r,a story living space at 690 Rosa Court, legally described as Lot 2, Block 2, Natures Edge, in the NWl/4 of Section 36. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. /03 i Eagan Bountlary Location Map ~str..t~.a.t.ri'n. Psrcal Area Buliding Footprint u b w D ~ ~ ,a T ~~~ /~ AI ® ~ s ~~~® o ~. dt a • ® a z ~ ~ ~ ~ t i ~ m ~ ~ Y g ~9 ^^_ , G9~ _ `j ^^• •'~~ f w i ® ~ sa ~®~ I ® ~ g ® m g ~ ~ ~ ~ ~ ®'p ~r~ ~ ~ i ®• d ®. ~ e. .' ar.~ . a ~--, ®, ~ ~-J___1- ~~ ~o ® ~ ~Ja~$ ~ b ~~ ~ ~ ~ ~ ~ ~ ~ ~ e ~~ ~ v~ ~ e ! ® ~ ~ ~ 3~ A ~ n . k ~~. '~ ~ ~ I ~1./ ~ 8 // ® ® ~ ~ I t&~ I ~ ~ I m .m 1000 0 1000 2000 Feet Development/Developer: City of Eagan (690 Rosa Ct) Application: Variance Case No.: 36-VA-13-08-03 Map Pn.pared ualny ERSI /4eVhw 7.1. Pareal bass rmp data proWdsd N by Dakota County Ofiea o1 Gt3 and Ia cumnl as of Juna 2007. W E C't ~i' eC~ nrt THIS MAP IS INTENDED FOR REFERENCE USE ONLY v ~ Tbo Clty of Eagan and Dakota County do not guarantaa than accuracy of this Information and are S commuatty Daralepmant Depart~M not raaponalbia for Yrrora or omlaalona. , ~ ,~ * PION~~fa * eng Weer ng *,~ ** Certificate of Survey for LOT AREA ~ 12,819 SQ. FT. HOUSE AREA ~ 1,918 50. FT. DRIVEWAY AREA ~ 818 S0. FT. . COVERAGE ~ 21.3X SERVICE ELEV. ~ 928.0 2422 Enterprise Drive Mendota Heights, MN 55120 wa awucias . avA Exawmes (851) 861-1914 FAX 881-6488 w+o vW«[na • uwseAOC ~AwTeen 625 Highway 10 N.E. Blaine, MN 55434 . (7p3) 7e3-1880 FAX 763-18E3 I~ANLEY BROTHERS CONSTRUCTION 690 ROSA COURT BUYER- MQOEL EAGAN, MINNESOTA X9346 t I I i ROSA C URT -~-- ~ - - N - 9~- 936a -~~, 0.8. 936.] 933.3 93 lo.o~` N89'49'48 .98.44 q.Q'-~ 93.3 3 .0 ~939 ° 9s3.3 .~~ ^ ~ p 936. ~ 939.3 ~ 1 ~(, (~ i BENCH MARK 939.so 5 o Zj,y TOP OF SPIKE -- M I DRIVEWA °n EV 939 55 ~ E C.B. .= . L ~ ~ /(~'1 `) 933.3 7 930. ~M•S/ ~ _____ ~'___ -~-- _ 93° 0 BENCH MARK -TOP OF SPIKE lCj N, 019.00 ~` 939.0 1 15.00 ~ ' 1 OOo ~0 1,Z)I 383 ~ ~ a N isa~ 93a.a 0&LEV.= 938.47 ~I 14.00 -- 36.6 ^ `° GARAGE 9.00 °o ' ( 3 g I a Q ~ ~ rCQ ~ ~ o ~° {r qao ~) u Z ~ O Variance 1.0 HOUSE "' ~--~ 1 3 `~ xo a O ^' $ w I~ ° 42.00 ~s.oo °Jd1 I m - ~ -„°. r 2.27 X 36 Y 9, 1 30.3 2 9]8.3 CXgaD,~ I ~ 1 ~ ~_ ~ b ~~~~ 2 fi r T- O 5 ~' ~C938'8 x938.3 I X 35 ~ ' ~"~-~1,~Z ' ORAINAG ~ ~ -- EASEME U11L 1 ~ 1 N ~ NT ITy g3 rq.,R,o . ~ ER PUT ~__ -- 'T '~ . 3 Rg8 ;o~-'~--L I v 3 g 4 T 934.2 C B 21. . . q~lv ,4 .D N89'46'47"W 104.99 C® 3.9 953.8 x944.a 934.3 NOTE: PROPOSED GRADES SNOMRI PER CRADIHa PLAN aY. PIONEER LOWEST FLOOR ELEVATION: '2' NOTE: BVROINO DIMENSIONS SHOWN ARE FOR HORIZONTAL AND VERDCAL LOCATION OF STRUCTURES ONLY. SEE ARCHITECNAL PLANS FOR 9URDNG ANO TOP OF BLOCK EIEVATION: FouNDAnoN Dn~ENSONS. (~ t s GARAGE SLAB ELEVATION: NOTE: NO SPECIFlC SOBS NVESDCATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR. THE SZRTABIUTY OF SORS TO SUPPORT THE SPECIFlC HOUSE TOB O LOOKOUT ELEVATION: PROPOSED IS NOT THE RESpONSiBIUTY OF THE SURVEYOR. NOTE: THIS CERTI%CATE ODES NOT PUitPORT TO SHOW EASEMENTS OTHER THAN X000.06 DENOTES E705TNC EIfYATKIN THOSE SHOWN ON THE RECORDED PLAT. (000.00) DENOTES PROPOSED ELEVATION NOTE: OONTRACTOR WST VERIFY DRIVEWAY DESIGN. - - - DENOTES ORNNAGE AND UTILITY EASEMENT - DENOTES DRAINAGE ROW DOtECT10N NOTE: BEARNCS SNONN ARE BASED ON AN ASSUMED DANY -A-- DENOTES SPIKE --~- DENOTES OFFSET NUB WE HEREBY CERTIFY TO MANLEY BROTHERS CONSTRUCTION THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 2, BLOCK 2, NATURES EDGE DAKOTA COUNTY, MINNESOTA IT GOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCHROACHMENTS, EXCEPT AS SHOWN, AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 17 OAY OF APRIL, 2003. REVISED 4-23-03 STAKE HSE SIG ED: PIONEER ENG ER G, P.A. SCALE 1 INCH = 30 FEET O 2 O~ / BY, ~ ~0 102046.010 PD5 p Dan R. Westergren Reg. No. 19790 :;~.~,. ~~~~~ ~~ ~~~ "'~3 g~~ .1 ~1 t#6i e T .:3 .~ :~:: ~, , ,: .. !;..j 1`, ~~ , i s.~ r ,~ ?~ a ,y.: ~.~ ;' ~ '. - i!' Y f~ Y: _ ~• ,tf :; :S 'y ~~ ~~ ~ .~~ ~= :~ .~. s z ~. ~.. ;: '' ,. i i ,. ~ , j ,. j ~. ~~; . .~ ~il ,~ ~~ r w I` /S I -~9 f ~ sue:-; ae~~- ~ «r ^ ~ j~ ~ ~ ~ ~ ,,,' ~, ~ Cy ~ ; t ~~ ~~ v ~ i I { .~, a ~~ ~ ~; ~,_ 1 _ J.~ L , A _w~~ 1 ' 31 a i - - . _ ® ` , 1 ` j.... j ~ I "'v 1 i -. - ..- _ ~ _s• .,..,,,~ - - y------------ I~ ~sl 1 ~ i ~~ - - • J vr- ~ od ~ I'd Q C7 z J U O Q W ao ~~ ~~ ~ ~ ~ 0 s ? 7 ? 4- 2 R ' t as a a a ~~~ ~ ~ A ~~ ~~ ~~~ .!~ ~~~~ ~~ ~ ~' ;~ ,, I .4 i ~ .; ! '~ .1 I is i ~, 11 ~ ,. ~E ~ li- •.•I~~ 1/~Yl ~Qi M YSti IIK ' E ~~ ~ i ~~ . ~ ~ ~ :, ;~ ~~ - ~ I ~ I~ ~ ~ If ~ i i -~--- --------- ---- ~_ g I _ --~ S ;- - _~~ - -- _.. `- ~ _ -=- -~ - _ --~ ~, rte- - - - : __ r ~a K r 1~ .. - ..... _.. _. .. ._ I -- - -s -- -- - - £e i ~~_, - _ -~ ,~ -~- - - ~ _ _ -- - ~: ~---- ----------- ~• , ~ e~k :: ~. ~~~ -- :: . ~ ----- --- i-- • .• ~.I - t1 -- _- ,~Q~` I 1 I ~ tli wr ~+n~s --~-..._-- 1 -_~__~ w w n.a ter. D _.. ,_ ..,_~. --- - ~ -_ -_...--- :- - - --~-_- - --.-._.. ~ -z _ --- ?~ -- - - - - - ----.-- - --._..-- --- .. - "Tl r 8 ~ I n - ~ ~~' - 6~~ j>, ~ ~~ ~ ~ ~~ NATURE'S EDGE MODEL #1 O0~ ~IN, W ~ ~ R 6~ LOT 2 BLOCK 2 NATURE'S EDGE ~~' ~ ~ ~~~ ~ ~ a ~ ~ 690 ROSA COURT ~ $ $ ~ uoenors ^C.onstructlon, Ins u (~ ~ EAGAN, MN MAIN FLOOR PLAN ~ts~~ i8~~i~3f ~~ ~ ~~ ~s~~ R ~f I~ ~I ~ t!- ~I ~ ~,' ~ ,~~ ;~~~ =~1 ~ ~ p ~ 1~~ m~ ~~ E~ ~ ~t~ a yy~ ~~ ~t, ~-- n ~ II ~~ ' ~ 6I I~.l- II ~ u~ II ! II II ~ !I ~ _ ~!~ 11~. ~_ J ii I~ ~~~ ` 1'~ ~I u wit ,>- - 11 I II 11 II f it II tl I II II 0 I II I II II IR} fl'~ lt- JI Il II II I tl II II II 11 II N II Ilr II , II `8~ II -- NATURE'S EDGE MODEL #1 LOT 2 BLOCK 2 NATURE'S EDGE 690 ROSH COURT ELEVATIONS cnnnwr uwr ~€ '~ fo~~ ~~ M~NLEY Rrother~tonstruetlon. Inc. Agenda Information Memo September 16, 2003 Eagan City Council B. VARIANCE - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve the following Variances for property located at 1560 Yankee Doodle Road in the NW '/4 of Section 16. a) A variance of 10 feet for parking from the required 20-foot setback from a public right-of--way. b) A variance of 19 feet for pavement from the required 20-foot setback from a public right-of--way. c) A variance of 18 feet from the required 20-foot setback for pavement from a side yard adjacent to property guided QP, Quasi-Public. FACTS: • Manley Land Development is proposing to construct a senior condominium on the property. • The property was zoned to R-4, Residential Multiple earlier this year, and his guided MD, Medium Density, which allows up to 12 units per acre. • The proposed variances arise from the physical constraints of the property -the additional 50-feet dedicated to Dakota County asright-of--way for future expansion of Yankee Doodle Road and the wetland in the center of the site. • The applicant has also provided a conservation easement over the southerly portion of the land. • Although the site is approximately 8 acres in area, the applicant states that only about one acre is being utilized for development because of the right-of--way dedication, drainage easement over the wetland, and the conservation easement. • In discussion with the applicant's representative, the building will provide one underground parking stall per unit, plus eight surface parking stalls along the drive in front of the building. A more detailed discussion about the parking is provided in the staff report. • Staff has concern about the proximity of the cul-de-sac bubble to the adjacent property and the public right-of--way and that spillover of snow onto the right-of--way, which would be a violation of City Code, may result in greater costs to the public to remove that snow. The applicant has indicated in a telephone conversation that they may need to haul snow off-site where on-site snow storage area is not sufficient. 60-DAY STATUS: • Deadline is November 2, 2003. ATTACHMENTS (1): g Variance Report, pages f~t7 through ~~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: September 11, 2003 APPLICANT: Manley Land Development PROPERTY OWNER: Manley Land Development REQUEST: Variance LOCATION: 1560 Yankee Doodle Road COMPREHENSIVE PLAN: ZONING: R-4, Multiple Residential CASE: 16-VA-14-08-03 HEARING DATE: September 16, 2003 APPLICATION DATE: August 27, 2003 PREPARED BY: Pamela Dudziak SUMMARY OF REQUEST Manley Land Development is requesting Variances for parking and pavement setbacks pertaining to proposed senior housing development located at 1560 Yankee Doodle Road in the NW '/4 of Section 16. Variances of 10 feet for parking and 19 feet for pavement are requested from the required 20-foot setback from a public right-of--way. And a Variance of 18 feet is requested from the required 20- foot setback for pavement from a side yard adjacent to property guided QP, Quasi-Public. AUTHORITY FOR REVIEW City Code Chapter 1 1, 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. I/v Planning Report -Manley Land Development September 16, 2003 Paee 2 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. CODE REQUIREMENTS Section 11.70, Subdivision 8, requires minimum parking and pavement setbacks in residential districts of 20 feet from apublicright-of--way and 20 feet from property guided for parks or public facilities. BACKGROUND/HISTORY The property is unplatted. Records indicate that asingle-family home was originally built on the northern portion of the site about 100 years ago. Over the past several decades, the city has grown into a major metropolitan suburb with a population exceeding 66,000. This growth has included the construction and expansion of major roadways such as I-35E, Yankee Doodle Road and Pilot Knob Road. The Surrey Heights townhomes to the east were developed in the late 1970s, and the residential neighborhood to the south developed in the mid-1980s. In 1991, the City acquired a storm drainage easement over the central portion of the property. Yankee Doodle Road is scheduled to be widened in 2004. Earlier this year, the City approved a rezoning of this property from A, Agriculture, to R-4, Residential Multiple. In 2001, the City adopted a new Comprehensive Land Use Guide Plan and land use map and the MD, Medium Density, residential land use designation was applied to this parcel. EXISTING CONDITIONS The property is currently unplatted and contains asingle-family home which was built in the 1890s. Access into the site is provided from Yankee Doodle Road. The most prominent feature of this site is the large wetland located in the center of the site. To the north, the land is relatively flat. South of the wetland, the property has a large variation in topography as it slopes upward to the southeast. The southerly portion of the property is heavily wooded, and the northerly portion contains scattered significant trees. Planning Report -Manley Land Development September 16, 2003 Page 3 EVALUATION OF REQUEST The buildable area of the property is constrained by the existing wetland, and was further constrained upon platting by the County's dedication requirements for right-of--way for Yankee Doodle Road (County Road No. 28). In addition, the County's restrictions on access to Yankee Doodle Road resulted in the need for a turnaround. A ten-foot parking setback variance is requested for the drive that extends in front of the building parallel to Yankee Doodle Road. This parking drive is proposed to be set back from Yankee Doodle Road 10 feet rather than 20 feet. The proposed setback is the same as is provided on the Oak Hills Church property to the west. The church received the same setback variance often feet for parking in 1997. At its closest points, the turnaround is proposed to be set back one foot from the front property line and two feet from the side property line, rather than the required 20 feet in both instances. The adjacent property to the west has a parking lot adjacent to the proposed turnaround. The northwest comer of the proposed building is set back further than the rest of the building to accommodate the needed turnaround and to better conform to the shape of the property. However, the turnaround still extends up to one foot from the front property line. The east end of the building, which is adjacent to existing townhomes, provides the access to the underground garage. City Code Section 7.05, Subd. 6, prohibits the placement of snow or ice within street, sidewalk or trail right-of--way. The requested variances will create a situation where the development's snowplowing will likely force snow over onto the Yankee Doodle Road (County Road No. 28) right-of--way. This may not pose a significant problem at present, however, with future expansion of Yankee Doodle Road, the trail will be located further south such that the snow spillover could obstruct the trail, a violation of City Code, and result in greater costs to the public for removing that snow from the public right-of--way. Parkin -The City Code establishes a standard of two stalls per unit for multiple dwellings, but does not include a specific off-street parking requirement for senior housing facilities. In senior and assisted living apartments, a standard of one stall per unit has been applied. Our experience shows that one stall per unit is sufficient to provide for resident, staff and visitor parking at such facilities and we have not had problems with such developments being underparked. For comparative purposes, the County HRA senior project approved in 1997 provides 1.16 stalls per unit and the Marice Manor project likewise approved in 1997 provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit). The Gramercy building approved in 1999 provides 2.17 stalls per unit. While the applicant has not fmalized the building plans, they are proposing one underground parking stall per unit, plus eight surface stalls along the drive in front of the building. This would lla Planning Report -Manley Land Development September 16, 2003 Page 4 be consistent with the City standard of one stall per unit that has historically applied to senior apartment buildings. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative indicates that the hardship was created when Dakota County, as a condition of the plat, took an additiona150 feet from the north side of the property forright-of- way for possible future expansion of Yankee Doodle Road. This additional right-of--way dedication, in conjunction with the existing wetland on the property, result in a narrow land area for development. The applicant states that the 10-foot parking setback on the north side of the property allows them to maximize the wetland buffer on the south side of the building. Also, the applicant states that while the entire site is eight acres in area, only about one acre is being utilized for development. The remaining seven acres are unusable due to existing City drainage easements and a conservation easement which was created with the final plat. SUMMARY/CONCLUSION The applicant is requesting Variances of 10 feet for parking and 19 feet for pavement from the required 20-foot setback from a public right-of--way. A Variance of 18 feet is requested from the required 20-foot setback for pavement from a side yard adjacent to property guided QP, Quasi- Public. The stated hardship is that the depth of the usable property was restricted by the required dedication of 50 additional feet ofright-of--way to the County upon platting, as well as by the existing wetland on the site. Staff has concern about snow storage and the potential that with the reduced setbacks, this development's snowplowing will result in spillover of snow onto adjacent property and the public right-of--way and result in obstruction of the public right-of--way and greater costs to the public to remove that snow. ACTION TO BE CONSIDERED To approve the following Variances for property located at 1560 Yankee Doodle Road in the NW %4 of Section 16. a) A variance of 10 feet for parking from the required 20-foot setback from a public right-of--way. b) A variance of 19 feet for pavement from the required 20-foot setback from a public right-of--way. c) A variance of 18 feet from the required 20-foot setback for pavement from a side yard adjacent to property guided QP, Quasi-Public. If approved, the following conditions should apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. l~3 Location Map C S ~' ,/ ~ , . i/ / [ 1000 0 1000 2000 Feet Development/Developer: Manley Land Devlopment Application: Variance Case No.: 16-VA-14-08-03 Map Prepared using ERSI /4cVlew 1.1. Parcel base map data provided ~ N by Dakota County Office of GIS and Is current as of Juna 2001. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E city of cogon The City of Eagan and Dakota County do not guarantas the accuracy of this information and ors IIII S commuNty DevMopment Department not responsible for errors or omissions. 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' ~'; ~I I I I IIII::::::;:a:;ob:~:c~ ---=i= ---~~ ~ III .IIII X~~~. `~~ ~ i ~~ ~: ---- ~~~.>. ~ I ------~-------J a i O ~ i I~, I /_ ., .. _ ~ i'yg~''~ ~ I~l( "y~I~~,C'.: 1~~~-pf~i ~ rr~~^ ~,~ ~... ~ ~r_; .. `~ ._ a,a, -- -- .. r . ~ y, x I ~ • M.Bf.ZL~N _ k.r -°'M___ --wat---_ 1 CC1I \ \ \ l~ s,tu ~ ~\ ~ I I • \\~~ \\ ` `\ ~ 1 ci'~ ~~ ! \ ,\ ~ a w c to <) . .c C ~I 4"f ~ I I I ~~ II\; I I 4 \\ FI I_ ~ I sad ~ ~"_~ '/l\~~~~^~~ \ ~ii~ ~ ~ -____ IE 3i I. 2~ m Ilti\\~\ ~ \ ,4 ~3C> :i ~~ °'--F ~ <~ ~~- '~ \ ~ (, i i i,ir_ ~ r.i `., ~: w r _ : I v v C,~~i it v.~l ra ~g ~ ~\ I~ ~~ I~.I~ ~~ ~~ ~, , a its ,3 I ~q ~\, ~s ~51~ ii ~~ ~ ~ I ~~--- - -- --- ---- -' .Z ~ ail 1 ~~ I I . om; s }'n:~ ~;• +„* !Ib U~ v L. MANGEY EROS C6NSTRUCTI~ EAGAN SENIOR COMMUNIT'li YANKEE DOODLE RD. EAGAN, MN ~. b ;. . ELEVATIONS ~: ~: Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. LOT 9. BLOCK 2 LEXINGTON PARKVIEW ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public easement within Lot 9, Block 2 Lexington Parkview Addition and authorize the Mayor and City Clerk to execute all related documents. 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. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location map, page • Legal Description/ Graphic, page and ~ao~_. ~ lq 08/27/2003 10:30 6516819488 PIONEER ENG PAGE 02/02 Px~sERVE s~rROR coN~ao (NATURE PRESERVE) VARIANCE NARRATIVE REQUEST FOR VARIANCE Manley Land Development is seeking a variance for it's Nature Preserve Senior Condo Project. Specifically, Manley Land is requested a variance on the 20' Pazkiztg Set Back as well as a variance to allow a 36' Emergency Vehicle Turnaround. HARDSHIP The hards.<zip was created when the county as a condition of the Plat, took an additiona150' from the front of the property for possible future expansion of. County Road No. 28 (Yankee Doodle Road). ADDITIONAL INFORMATION Oak Hills Church, directly adjacent to the east of our. site, was granted a 10' Parking Lot Variance. With the variance request approval, our. parking lot would line up with the existing church parking lot. Furthermore, the variance to allow fora 10' Parking Lot Setback (1' on the turnazound) would maximize the Wetland Buffer behind our Senior Condo Building. Finally, our Senior Condo Project uses only about 0.$ acres of the over 8 acre site. The remaining expansion of County Road 28 and the balance of nearly 7 acres is being dedicated to the City as a Conscivation Area or, is presently under a City drainage easement. RECElVEO !~~~ 2 7 2003 { ~~ ~~ ~~ ~ ~ ~i~ ~ ~ ~ ? YANKEE DOOOIE RD. y . ~ ~~ z~ pa h V ~' ` W COTT R O V ui W NORTI-MEW oz PARK R0. c~ z ~ O~ ~ ~ DIfFLEY ROAD C LEX. P NTE ryAWMORN y~~ Y.L_S ~"W PARKWAY lli! Proposed Vacation ~ I x ~ CL1FF ROgO Y z ~ G:~Va t caOonsWVIEW TERR LOC 4049 Nor'thview Terrace Proposed Easement Vacation 6/11/03 City of Eagan Location Map r~ l ,,~ NORTHV~IEW ~, ~~ ~~ Q ~, ,, \\ 1"=50' ~ -- 950 --~ '~ i ,' % ~ < c C~ T E R RAC E~, \ ~~ .,, _, ~~ __~.\ L9, 62 ~, '} r i 1 #4049 ~ i ~~ ,---- ~~ ~~ , - ~ r -- '""- - POOL ` ~~'~ / i ~ ~' 0 943.5 -- - ~ ~ ~ ~~ 0 942.5 ^` ~ ~ o941A----- - ~; ~ i %~ 64.0' _-___- ------ \ j ~ 1 ,i ~~ ~, ,` ~__.- - r PROPOSED------- VA~i~TE D AR EA ____ _ --- _ --930--- ~ I ~ ~~ \ ~ ~ E~~CISTING ~ ~ ~ --J D ' G~ ~', ~~ ~~ DRAINAGE & UTILITY ,~' ~-~'~ I - ~, , ,EASEMENT ~ , ~ ~~ ~~ ~ ~- i ~ 1 ~ ~ i ~ j ~~ I ~~ ~ ~ ~~ ~~ ~ ~~ ,~~ NWL 926 i ~ , ~ ti ;~ ~ ;` / ~' HWL 940,0 ~, 1 1 ~ ~ r ! Proposed Easement Vacation City of Eagan 4049 Northview Terrace Pond J P-29 , , 8-7-03 ia~ _~~ ~,-940 ,- Description of Easement To Be Vacated: That part of the drainage and utility easement over Lot 9, Block 5, Lexington Parkview, Dakota County, Minnesota, that lies northerly of a line described as follows: Commencing at the northwest corner of said Lot 9, thence southerly along the west line of said Lot 9 a distance of 115.00 feet, to the point of beginning of the line to be described, thence deflecting left 90° a distance of 64.0', thence deflecting left 20° to the intersection with the east property line and there terminating. Also excluded from this vacation is 5.0' of drainage and utility easement along both east and west property lines. l~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting D. GREYHAWK ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements within Greyhawk Addition and authorize the Mayor and City Clerk to execute all related documents. 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 2nd 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 2nd Addition. • On August 19, 2003, the City Council approved the Greyhawk 2nd Addition final plat/ subdivision, providing the necessary re-dedication of public easements on the property. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS • Location map, page • Legal Description/ Graphic, page~c~~aJ 1 a3 Greyhawk Addition Proposed Easement Vacation 8/14/03 City of Eagan Location Map la~- ~+ ~.Fta r ' _ ..:l yea ~ _ i Q bt : ~~~-~ b , rJf `` (J,•' ~~ ~ •, ~; `~ Eby + ~~~ ,. ' ~ • 'r ~' ~' '" fro {~ •f s ~ 8: - ` , . ',Q "~, -.;~ : ''~ ' rJ~• ~ >,:C .l. 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APPROVE OF FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL -SAM'S WEST ACTION TO BE CONSIDERED: To approve the Findings of Fact, Conclusions and Resolution of Denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9. FACTS: • This request was before the City Council at the September 2, 2003 meeting at which time the Council directed the City Attorney to prepare findings of fact and conclusions for denial. • The applicant has submitted a letter requesting the further discussion with the Council regarding the issues and questions raised by the Council at the September 2, 2003 meeting, and indicating that they are prepared to present some alternatives to the Council at the September 16, 2003 meeting that address those issues. • In particular, the applicant wishes to discuss alternatives to the circulation and traffic patterns within the parking lot, how to best meet the green space needs on this site, and the history of the site, its current operations and reasons Sam's is proposing the fuel station at this time. 60-DAY STATUS: • Deadline has been extended by the applicant by another 30 days to November 5, 2003. ATTACHMENTS (2): Letter from D.E. Winter & Associates, Inc., pages~o~ through ~. Findings of Fact, Conclusions and Resolution of Demal, pages through ~. 1 a~ Sep 11 2003 2:56PM September 11, 2003 Ms. Pamela Dudziak City of Eagan 3830 Piiot Knob Road Eagan, MN 55122 Re: 10-PA-10-Ob-03 Deaz Ms. Dudziak, By Fax: 651-675-5694 Followed By Mail This letter is a request to request an opportunity to appear in front of the City Council at their next council meeting, September 16, regazding Sam's Club application fora fuel station. As we've discussed, we very much appreciate the input from the last city council meeting and would like an opportunity to discuss the following issues and any others that the City Council might have regarding the proposal: 1. - We'd like to review circulation and traffic patterns within the parking lot and present and brainstorm some ways to bring customers into and out of the site and review any potential concerns with a fresh look at the parking iot, drives, and access issues. 2. We'd like to review the history of the site and Sam's Clubs' operations at the site. If you were not a party to that history I think it is important to know that Sam's chose this store to be the first Sam's Club store in the Twin Cities Metro Area to be developed as their new interior prototype plan. It was, in fact, so new that Sam's was creating the nationally used interior building prototype on this store, and making appropriate additions for the location, specifically the liquor store enhancements and the addition of the gas facility. Sam's chose to use this prototype in development in Eagan to bring the best and newest store to your marketplace because they felt it would behest received by Eagan customers. That new concept prototype included the gas facility and the site was chosen with that use planned. In fact, the rule of thumb on the site size far Sam's is typically 12 acres, Apple Valley without gas is 11 acres, Bloomington with gas is 11.95, etc. This site is 15.01 acres land that was set aside was done so with the hope that if in fact the parking that Sam's initially thought would be needed on the site was not needed, (as proven by the actual experience of this store's operations) a gas 952 924 1051 D. E. Winter & Rssociates, 952-924-1051 D.E. WINTER & ASSOCIATES, INC. Commercial Real Estate Services 3109 West SOu' Street, #206 Minneapolis, MN 55410 Phone (612} 868-4807 Fax (952} 924-1051 Darcywin@aol.com p.1 ~~ Sep 11 2003 2:56PM D. E. Winter & Associates, 952-924-1051 p,2 facility would be proposed. Sam's has become convinced that the store has more parking, than needed, judged not only on your city ordinances but also by the actual usage of the parking lot. That is the reason for waiting until now to bring forward the proposal and why we continue to think it would be an asset to the community and Sam's at this location. 3. We'd like to review potential green space and how to best meet the needs and desires of the community on the site. As we've discussed, we would like to bring forward some plans in sort of a working session atmosphere with the understanding we would follow up with more complete plans as quickly as possible if we are able to came to some level of agreement. I apologize for being remiss, for not being in attendance at the beginning of the last hearing, and for not doing this sooner with the City Council. Along with this request comes a 30 day extension to the 60-day Agency Action Deadline. If you could assist with allowing us this opportunity to review the project, rather than acting on motion directing the City Attorney to prepare findings for denial, we would be most appreciative. We think this is consistent with the Planning Commission recommendation and would like to review this further. If you'd please get back to me with a next step and response to this Pd be most appreciative. We stand available for any meetings, and would like to be heard on the topic on September 16, 2003. Thank you. Cordially, D.E. Vtrinter & Associates, Inc. ~~~ ~1~ Darcy E. Winter DEW/mjw cc: PaulI..o 1C~}U BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Sam's West, Inc. FINDINGS OF FACT, for a Planned Development Amendment to CONCLUSIONS AND Allow Motor Fuel Sales RESOLUTION This matter came before the Eagan City Council at its meeting of September 2, 2003. The Council received and considered the July 17, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on July 22, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Sam's West, Inc. (the "Applicant") submitted an application for a Planned Development Amendment to allow the addition of motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9 (the "Property") located at 3035 Denmark Avenue, in the City of Eagan (the "Project"). 2. The Applicant is the owner of the Property. 3. The Property is designated R-C, Retail Commercial, under the Comprehensive Land Use Guide Plan. 4. In 2000, the Property was rezoned to a Planned Development to allow for the construction of a 130,000 square foot retail building (a Sam's Club). ~tJK~ Q 5. The approved Planned Development noted that the Sam's Club development was providing fewer parking stalls than would ordinarily be required under the City Code. The development included a proof of parking to accommodate an additional 31 parking stalls. 6. In M ay o f t 001, t he C ity and t he Applicant a ntered i nto a n a mendment t o t he Planned Development Agreement to allow for the addition of a 7,000 square foot liquor store to be added to the Sam's Club building. 7. The liquor store approval, again, accommodated a deviation from the minimum number of parking stalls required under the City Code. The City retained the future proof of parking to be located on the area on the north end of the site (the proposed project area). 8. In June of 2002, following the opening of the business on the Property and a determination that no additional parking would be required, the City released the Applicant from the proof of parking obligation under the Planned Development Agreement. 9. The Applicant's proposal was to add afree-stranding gas fueling facility at the north end of the Property. 10. Access for the Project is through the existing driveway on Denmark Avenue and the existing service drive within the Sam's Club parking lot. Following the public hearing on July 22, 2003, the Advisory Planning Commission recommended approval of the Planned Development Amendment subject to conditions contained within the Planning Report and adding the condition that green space on the site not be reduced below the existing 29.6%. 11. Following the public hearing, the Applicant submitted revised plans to the City, which plans included the removal of 116 parking stalls on the west and south perimeter of the Property to provide no net loss of green space. 12. Following the 2000 approval of the Planned Development Agreement for the construction of the Sam's Ciub store, the City revised its code requirement for off-street parking. k~ ~ 13. The 2003 City Code would require that Sam's Club provide 488 stalls on its property. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Access to the Property and vehicle movement within the site are confusing and the introduction of the fueling station will cause inadequate and unsafe traffic circulation. 3. The introduction of an additional use of the Property as a fueling station creates too much of a burden on the Property at the expense of existing green space. 4. The Applicant's revised plan to remove existing parking along the west and south perimeter of the Property for conversion to green space is an inadequate replacement for the existing green space. 5. The Applicant has failed to produce evidence to demonstrate that the existing Planned Development zoning as amended to provide for a Sam's Club and liquor store is either incorrect or that circumstances have sufficiently changed to warrant an additional use. 6. The Property maintains a viable use without the amendment to the Planned Development Agreement. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Planned Development Amendment to allow the addition of motor fuel sales is hereby denied. ~a~~ Dated at Eagan, Minnesota this day of , 2003. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Karels Its: City Clerk ~a~d~ Agenda Information Memo September 16, 2003, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN) ACTION TO BE CONSIDERED: To continue this item to the October 7, 2003 City Council meeting. FACTS: • At the August 19, 2003 meeting, the Council continued the item to the September 2, 2003 meeting with direction that the applicant and staff work together to resolve the outstanding security lighting issues. • Since that time, city staff has conducted a nighttime site visit and provided the applicant with observations and comments regarding deficiencies in security lighting, and general recommendations for improving security lighting on the site. • The applicant is in the process of preparing a lighting plan to address these deficiencies, however, they were not able to complete the lighting plan for consideration at the September 16, 2003 Council meeting. • Therefore, this item should be continued to the October 7, 2003 Council meeting. 60-DAY STATUS: • Deadline has been extended by the applicant to October 27, 2003. ATTACHMENT5 (1): Letter from Beth Timm, page ~~ ~a9 09/11/2003 10:39 FAx 6126046400 t4INTHROP & wEINSTINE 0 002/002 Septemher 1 l , 2003 YIA FACSIMILE AND USMAIL Ms_ Pam Dudziak City of Eagan 3830 Piiot Knob Road Eagan, MN 55122 RE: Days Inn Hotel, Eagan Dear Pam: This letter is to serve as a waiver by Eagan Hotel Group, LLC to extend the action by the City Council concerning the Amendment to the Planned Unit Development Agreement from October 16, 2003 to Qctober 27, 2003_ Beth Gerstein 'i imm Secretary for Eagan Hotel Group, LLC BGT/ojm 2U59464v1 Fifc Na. 7U24-3 /~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. REDEVELOPMENT DISTRICT PROGRESS REPORT -Receipt of Report and Affirmation of Vision, Goals and Next Steps, Approval of Revised Architectural Design for Nicols Ridge and Designation of Council Committee to Clarify Acquisition and Private Improvement Policy, Cedar Grove Redevelopment District ACTION TO BE CONSIDERED: 1. To approve or deny an affirmation of the Vision, Goals and Next Steps for the Cedar Grove Redevelopment District as outlined in the staff report. 2. To approve or deny the Revised Architectural Design for the Nicols Ridge Row Homes as presented by US Home. 3. To approve or deny the formation of a subcommittee of the City Council to meet with City staff and consultants to clarify the City's policies regarding property acquisition and private improvements of properties within Cedar Grove Redevelopment District. FACTS: At its workshop meeting of September 9, 2003, the City Council received an update regarding the status and proposed next steps for the continued implementation of the Cedar Grove Redevelopment District. Several policy issues were discussed at that time, but because two Councilmembers were unable to attend the meeting, the Councilmembers present continued consideration of action on the items to the regular Council meeting on September 16, 2003. The policy issues identified at the September 9 meeting were as follows: • Affirmation of the Vision, Goals and Next Steps for the Cedar Grove Redevelopment District - In response to the challenges identified for the revitalization of the Cedar Grove area, the City Council formed the Cedar/13 Redevelopment Study Task Force, which coordinated a comprehensive study of the area, performed by SRF Consulting Group. While readers sometimes focus on the Village Plaza schematic plan that is a conceptual illustration of the study's conclusions, the value of the study is in its statement of the vision, recommendations and guidelines that were subsequently incorporated in the City's Comprehensive Guide Plan. The Study articulates the vision of the area as a "strong, vibrant gateway to the City of Eagan." The Comprehensive Plan expands on that vision statement by saying that the purpose of the study was "to create a viable, mixed-use area that would utilize the area's innate advantages (i.e. highway visibility and accessibility), while maintaining compatible land use relationships with surrounding uses." ~~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. Continued A composite of these would be: "To once again make the Cedar Grove area a strong, vibrant gateway to the City of Eagan by creating a viable, mixed-use area that utilizes the area's highway visibility and accessibility, while maintaining compatible land use relationships with surrounding uses." The recommendations and redevelopment guidelines/special area policies are included in the Cedar/13 Redevelopment Study and the Comprehensive Guide Plan excerpt that are attached. In general, the goals maybe summarized as follows: • Revitalize Cedar Grove Area as a Gateway/Landmark of the Community • Improve Traffic Access and Circulation To and Through the Area • Encourage a Mixture of Market-Supportable Land Uses Compatible with One Another and with the Surrounding Area • Incorporate New Urban Development Expectations by Incorporating a Pedestrian Focus, Transit Opportunities, Mixed Residential and Commercial Uses, Uniform and Cohesive Design Elements, Structured Parking and Public Green Space. • Protect Long Term Vitality of Residential Areas Adjacent to Commercial Area and Consider the Needs of Existing Businesses in Redevelopment or Relocation Efforts The following are proposed as the next steps the Council, staff and consultants would undertake to implement additional phases of the Cedar Grove Redevelopment Project. If direction is given, each step will be further developed with additional information or direction requested of the City Council at future meetings. • Apply Updated Market Information and Joint Meeting Brainstorming Results to Fine-Tune Expectations for Remaining Redevelopment Districts and Subdistricts • Discuss Specific Expectations with Owners of Cedarvale Mall • Discuss Specific Expectation and Continue to Support MVTA in TEA- 21 Grant Process • Continue to Address Site Issues in All Subdistricts • Identify Target Redevelopment Sites • Update Communications with Public/Stakeholders of Project Status • Prepare RFP for Target Sites Reflecting Updated Market Data • Market Target Sites to Developers ~~ Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. Continued • Review Land Acquisition Policy • Review Project Finance Issues • Review Property Assessment Policy and Definition of Redevelopment as Standard for Assessment • Other Issues Defined by the City Council Revised Architectural Design for the Nicols Ridge Row Homes as Presented by US Home -The City Council has consistently stated the importance of delivering a product, through redevelopment, that is special and unique. This has been illustrated in goal statements and by the adoption of design standards. Further, during the review of Delta Development's Nicols Ridge proposal, the importance of the architectural statement of the end product was stressed. The Council was clear that it is critical to raise the bar and set the proper tone for subsequent development within the redevelopment area. Therefore, staff wants the Council to be aware of architectural changes proposed on the town home portion of the Nicols Ridge site. The architecture of the condo buildings, with underground parking, remains the same, but the US Home row townhome buildings visually differ from Delta's from an architectural standpoint. Delta's townhomes provided architectural interest with varying rooflines and by providing each unit with a trellis-covered deck projecting out from the front wall of the unit. The benefit of this deck design is twofold; it adds visual interest by giving significance to the deck feature and, equally as important, it dramatically reduces the visual prominence of each unit's two-stall garage. US Home has proposed "Row Home Buildings" that also include varied roof lines and a deck feature that projects out from the front wall of the units with decks. The units without decks appear to have the garage portion of the unit recessed slightly which will help de-emphasize the garage doors but certainly not to the degree afforded to the units with decks. The significance of these differences and whether the proposed product conform to the City's desired standard for the area is a matter of Council consideration. Formation of a Subcommittee of the City Council to Clarify the City's Policies regarding Property Acquisition and Private Improvements of Properties within Cedar Grove Redevelopment District -The City has been approached by a number of property owners or prospective developers of subdistricts asking City consideration of acquisition of additional properties. In some cases, this has been in contemplation of a specific redevelopment project. In others, it has been from property owners who have determined to relocate from the area, who are aware of the City's redevelopment activities. 133 Agenda Information Memo September 16, 2003 Eagan City Council Meeting C. Continued To date, the City's decisions regarding acquisitions have been on a case by case basis and they should continue to be, but it would be beneficial to review and clarify the criteria on which those decisions should be made so that we are better able to give reasonable expectations to willing sellers. Staff has also been approached by property owners, with plans to remodel existing buildings within the district. While the City wants private sector interest and reinvestment in the future of the district, a stated goal has been to not encourage piece-meal, lot by lot redevelopment. The City has chosen not to implement a moratorium in the district and, as a consequence, it is necessary to respond to these requests on their merits at the present time. Staff is requesting consideration of the appointment of a subcommittee consisting of two members of the City Council to meet with City staff and consultants to review these issues and provide a recommendation to the full Council with respect to the City's policies in these areas. ATTACHMENTS: • Background materials were previously distributed in the September 9, 2003 Special City Council Workshop Packet. 13~- Agenda Information Memo September 16, 2003, Eagan City Council BOARD OF ADJUSTMENTS AND APPEALS A. BOARD OF ADJUSTMENTS AND APPEALS -CENTRAL IRRIGATION ACTION TO BE CONSIDERED: To consider an Appeal to the City Council's denial of a rezoning of the property located at 2785 Pilot Knob Road, in the NE'/4 of Section 4. FACTS: - At their regular meeting of June 3, 2003, the City Council adopted Finding of Fact for Denial of the rezoning request for Central Irrigation from Transitional (T) to Neighborhood Business (NB). - Attorney Robert J. Polski, representing Central Irrigation, has requested consideration of the matter by the Board of Adjustments and Appeals. Mr. Polski has also submitted additional information for the Council's consideration. - The Advisory Planning Commission held a Public Hearing and recommended approval of the request at their regular meeting of May 27, 2003. ATTACHMENTS (3): June 3, 2003 City Council Minutes and Findings of Fact on pages ~~ through ~. July 22, 2003 letter from Attorney Polski on pages ~ through September 11, 20031etter and enclosure from Attorney Polski on pages through 1~~ Eagan City Council Meeting Minutes June 3, 2003 REZONING -CENTRAL IRRIGATION City Administrator Hedges introduced this item regarding a rezoning of approximately one acre from T (Transitional) to NE (Neighborhood Business), located at 2785 Pilot Knob Road. Senior Planner Ridley gave a staff report. Raleigh Crawford, the attorney representing Central Irrigation, addressed the Council regarding the intended use of the properly by Central Irrigation. Crawford noted that the company is growing very fast and needs more space. Furthermore, Crawford noted that Central Irrigation would be changing their business approach at the Eagan location form a predominately distributor/wholesale operation to a retail operation to be used by individuals. Three neighboring property owners addressed the Council with their concerns about Central Irrigation, which included concerns about traffic congestion, the nature of the business, outdoor storage, and overall fit of the use in a neighborhood business zone. The City Council discussed the neighbors concerns, the nature of the Central Irrigation business, and the conceptual site plan presented by the applicant. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a rezoning of approximately one acre from Limited Industrial, General Business), located at 2785 Pilot Knob Road in the NE'/4 of Section 19. Aye: 5 Nay:0 The City Attorney distributed Findings of Facts, which he had prepared in anticipation of the rezoning being denied, and in order to meet the 60-day requirement. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the Findings of Fact for Denial with the addition of warehouse use as an additional finding. Aye: 5 Nay: 0 The City Council recessed from 8:10 p.m. to 8:20 p.m. I~ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Central Irrigation FINDINGS OF FACT, Supply for a Rezoning from T, Transitional CONCLUSIONS AND to NB, Neighborhood Business at 2785 RESOLUTION Pilot Knob Road This matter came before the Eagan City Council at its meeting of June 3, 2003. The Council received and considered the April 25, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on May 27, 2003; evidence from the neighboring property owner, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Central Irrigation Supply (the "Applicant") submitted an application for a Rezoning. of Lot 1, Block 1, Central Irrigation Addition, located at 2785 Pilot Knob Road (the "Property"), from T, Transitional to NB, Neighborhood Business. 2. The Property is presently owned by Bernardo Luciano. 3. The Property was zoned Agriculture until 2002. 4. The Property is currently improved with asingle-family home and detached garage. 5. Asingle-family use is consistent with an Agricultural zone. 137 6. [n 2002, the Property was zoned T, Transitional to allow for the continuation of the present use until market forces warrant a change to a use consistent with the Comprehensive Guide Land Use Plan. 7. The Property is currently designated 0/S, Office Service, which provides for office and low intensity retail uses. 8. The general surrounding area is guided O/S, with zonings of NB~, T and PD, Planned Development. 9. Access to the Property is limited to a driveway entrance onto Pilot Knob Road, which Dakota County requires be temporary until a future access is built to the northwest of the Property. 10. Members of the Advisory Planning Commission expressed concern about vehicular movement to the Property and circulation issues on the Property. 11. City staff, members of the Advisory Planning Commission and area residents have expressed concern about outdoor storage presently existing on the Property and as may be associated with the Applicant's use. 12. Section 11.20, Subd. 10 of the Eagan City Code sets forth the permitted uses and approved uses allowed under a conditional use permit for an NB district. 13. Section 11.20, Subd. 10.A of the Eagan City Code provides that the NB district is a small business area in the center of a residential neighborhood to serve the daily retail needs of adjoining residents. 14. The Advisory Planning Commission recommended approval of the Rezoning. CONCLUSIONS I . This matter is property brought before the Eagan City Council. i3~ 2. Applicant's business is not expressly identified as an allowed use in the NB district. 3. Applicant's business does not serve the daily needs of the surrounding residents. (See, Applicant's letter to the City dated April 9, 2003.) 4. Applicant's business is inconsistent with the O/S Comprehensive Guide designation. 5. The description of Applicant's business would appear to be consistent with a GB, General Business District, which allows as permitted uses plumbing shops and similar constructional material sales and services. 6. A GB business is inconsistent with the O/S land use designation and would require an amendment to the Comprehensive Guide. 7. A warehouse use, as set forth in Applicant's letter of April 9, 2003, is not an allowed use in the NB district. 8. The commercial use of the Property, with a driveway access to Pilot Knob Road creates an unsafe condition. 9. The commercial use of the Property is premature until the opening of a public street to the west and northwest of the Property. 10. The current use of the Property remains a viable use, without causing a health or safety hazard. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Rezoning of the Property is hereby denied. 3 Dated at Eagan, Minnesota this 3RD day of .T(~! N rG , 200 t~ J3~ CITY OF EAGAN By: Patrick e n Its: Mayor y: 'a Karels Its: Clerk ~~ SEP.11'2003 10:13 952 432 3780 SEVEASON SHELDON DOUGHERTY #4211 P. 002/003 ~I ,. i, PLSKI PLSKI ATTORNEYS AT LAW July 29, 2003 ~~ US BANK CENTER i~I' SURE ] 712 1D1 EAST RFTN STREET ' SAINT PAUL, MINNESO?A 55101-181 D > ~ ~~oHE~t4 s a~ rra .1UL ~ ~ 203 £-MAIL: pobkliow~aol.oom Robert J. Poi:! 1921.1477 RabeA J. Pdsl[f, Jr. Member of thv Mlnneaota onCf Wleconslrt Bore City Council of Eagan Municipal Center 3830 Pilot Knob Raad Eagan, MN 55122-1827 In Re: Application of Central Inrgation Supply for a Rezoning from T, Transitional to NB Neighborhood Business at 2785 Pilot Knob Road Dear Council Members: ~~. I represent Central Irrigation Supply and Mr. Bernardo Luciano relating to the above rezoning request. ,i On May 27, 2003, the City of Eagan Advisory Planning Commission unanimously recommended approval of the rezoning request. On June 3, 2003, the Eagan Clty 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 fair appeals to the Board of Adjustment and Appeals, however, after speaking with Mike Ridley, l understand that the City of Eagan does not have its own formal application Farm. Please cpnside~ 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 reione the property to Neighborhood Business (NB): ,: 'i: My client's allege that the City Gouncll en-ed in its Findings of Fact, Conclusions and Resolution as follows: 1. Applicant's business does serve the daily Heads of the surrounding residents. Applicants provided a written narrative describing that all residents carl 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 falls. All necessary equipment, p2rts and expertise may be purcrhased at a retail level by the public. A showroom will be constructed to display products to theIpubiic. I: ,;, ~~! I.~; ~~ ~4 ~ ~~~ 5EP.11'2003 10:13 952 432 3760 City Council of Eagan July 22, 2003 Page Two SEVERSON SHELDON DOUGHERTY #4211 P. 003/003 2. Applicant's business is consistent with the O!S Comprehensive Guide designation. O/S Office Service, covers areas for office and lower intensity retail business. The applicants intend to develop a retail sh room consistent with the O/S designation, open to the general public. A GB (Genera! Business District) is not necessary to appllcant';s business purpose. ,;. 3. Applicant's letter of April 9.2003, does mention the word "warefiouse," 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 genera{ public. No storage of materials outside the building w111 be allowed. ~' 4. Paragraph 8 of the Findings, etc. concludes that driveway access to Pilot Knob Road creates an unsafe condition. This conclusion is not supported by any credible evidence. The Dakota County Plat Commission reviewed the plat 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 all the necessary bakota County Transportation Department permits for temporary access. This process will address the issue of safety from Pilot Knob Road. ~. 5. Presently, the property consists of an o!d 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 time limits provided in Sec. 71.40 Subd.2.6. of the City Code. At the time the Board 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. ~~ i'~~ ~~ ~. Si ere ~- ~~ Ro ert . P ski, J . RJ P ~~~: c: Central Irrigation Supply Tj.J, ~ ~ lye OLSkI (.7~ OLSKI ATTORNEYS AT LAW September 11, 2003 US BANK CENTER SURE 1712 101 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101-1819 TELEPHONE: (651)224-1776 FAX: (651)2244883 E-MAII: potsktlaw@aol.com Robert J. Po~ki i92i-1977 Robert J. Polski, Jr. Member of the Minnesota and Wisconsin Bars i :, -: ~. ~ ~ ~ `~ U3 V!A MESSENGER 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: Enclosed for your information is the business plan for the Minnesota Retail Market prepared by Central Irrigation Supply. This information is supplied to give you a better idea of the goals and objectives of my client's future business in Eagan. I am confident that given the opportunity to establish their business in Eagan, Central Irrigation would be a plus for Eagan and its residents. Thank you. Sii Robert . P Iski( RJ P/jth Enclosure c: Central Irrigation Supply ermrc.nrrw,gnomarycwrr.r.n At ~~3 5~~~ C E 1~~'~'~~~ A L R R I Gi A'i(':I tl=fit:=:5 U P P LY .;i ;oboe i Business Plan -Minnesota Retail Market 1. Executiz a Summarv 1.0 Executive Summary Central Irrigation Supply is a leading provider of irrigation parts and services. Our mission is to focus on high quality, low cost, products that will meet the needs of our customers. We work relentlessly to fmd better solutions to today's irrigation challenges by supporting our clients with education, training, and insight into the intelligent use of water management. The focus, at Central Irrigation Supply, has been to work exclusively with the Professional Irrigation Contractor. For some time now, we have been addressing a new customer base -the retail homeowner. In order to adequately mazket to this new customer base we need a facility•that can accommodate a retail showroom. In this new venture, we plan to continue our mission of supplying high quality, low cost, products that will meet the needs of our customers. In addition, we will provide the homeowner with education, training, and insight into the intelligent use of water management. 1.1 Objectives Homeowners have limited resources when it comes to installing and maintaining an irrigation system. Central Irrigation Supply can help fill this need. We are a leading supplier of irrigation parts and services. We have long, well-established, relationships with all our suppliers. We work with all the major manufactures in the industry, including, but not limited to: Hunter, Rain Bird, Toro, Irritrol, Nelson, Weathermatic, and K-Rain. We also carry all the pipe, fittings, tools, and other products required for a complete irrigation system. What we need now is a facility that will accommodate the residential customer base. As it is, we have already outgrown our current facility. We do not have adequate space to store the inventory we need to satisfy our current customer base. In addition to adequate storage, our plans, for a new facility, would include a retail storefront. This inviting space would be a place for homeowners to come to get their questions answered, advice from experts in the irrigation industry, and the parts, tools, and equipment necessary for properly installing and maintaining their irrigation system. ~~~ 1.2 Keys to Success The keys to our success are as follows: 1. Preferably build a new facility that will adequately meet our needs, as well as, the needs for our expansion into the retail market. 2. Maintain excellent working relationships with our vendors. 3. Stay current on products and issues associated with our industry. 4. Maintain a professional image at all times. 2___ Con~~sn~ Summar~~ 2.0 Company Ownership Central Imgation Supply is a corporation. Our corporate office is located in Elmsford, NY. 2.1 Company Locations and Facilities Central Imgation Supply currently has 15 locations in the United States and Canada. Two of these facilities are located in Minnesota. 3. Services 3.0 Services Central Irrigation Supply is a leading provider of irrigation parts and services. Our mission is to focus on high quality, low cost, products that will meet the needs of our customers. We work relentlessly to find better solutions to today's irrigation challenges by supporting our clients with education, training, and insight into the intelligent use of water management. 4. ~!farliet Anal~sis_Summs~~ 4.0 Market Analysis Summary Residential and commercial irrigation systems are part of anever-growing opportunity in the Twin Cities market. Well over 90% of all new construction includes an irrigation system as part of the plan. As States, Cities, and Counties continue to define and enforce water conservation efforts, the importance of a properly installed and maintained imgation system increases. Homeowners currently have limited options when it comes to installing and maintaining an imgation system. On average, we receive from 15 to 20 calls, per day, from home and business owners regazding the ongoing maintenance of their irrigation system. Based on our limited facilities, we have either had to refer these l~(S potential customers to Home Depot, Menards, or a Professional Irrigation Contractor. These alternatives aze often unacceptable to many customers. Home Depot and Menards do not carry the "professional grade" products. Companies, like Hunter Industries, Inc., have chosen to only market their products through litigation Professionals. Rain Bird and Toro have lines they sell through Home Depot and Menards, but they are not of the caliber, both in quality and performance, as those lines they sell through the Irrigation Professional. In addition, at Home Depot and Menazds, potential customers are unable to get the "industry specific" knowledge that Central Irrigation Supply provides. The cost of hiring a Professional Irrigation Contractor is often a deter: ent, to the homeowner, to properly maintain their irrigation system. Central Irrigation Supply has identified a viable new market for the company. However, in order to properly service this new customer, we need a facility that is both inviting, as well as, setup for providing this benefit. 4.1 Market Segment Central Irrigation Supply for years has successfully marketed itself to the Professional Irrigation Contractor. We are now preparing to take on new, and relatively untapped, markets: homeowners and small business owners. Based on phone calls and conversations we have had with this customer base, we have determined there is a viable need for this type of service. Customers in this market segment do not have the capital necessary to pay a Professional Irrigation Contractor for their services. They do have the desire to perform the work them selves, but do not have an outlet which allows them to purchase the professional grade of products they desire. As with any other upgrade or repair, just about anyone can perform them with the proper tools, products, and training. An irrigation system is no different. 4.2 Target Market Segment Strategy For the most part, the infrastructure is already in place for Central Irrigation Supply to market this new segment. All of our suppliers list Central Irrigation Supply, as an authorized distributor, on their websites. We are also given as an authorized distributor when potential customers contact them via phone call. We also advertise in the Yellow Pages. Based on the response from these, we have determined there is a viable need for this service. We feel strongly that a retail storefront would further expand this opportunity. 4.3 Market Needs There aze existing companies trying to service this market segment, however, each is doing so with some limitations. Retail companies do not have access to professional grade products. They also do not have the personnel with the years of hands on experience necessary to properly answer customer's questions. Professional Irrigation Contractors charge for their services. This can often have a negative effect ~7t(/ on this customer base. What this market segment needs is a supplier that can provide a professional grade product, along with training and assistance, and one who is able to do it at a reasonable cost. Central Irrigation Supply can provide all of these services, but we need a facility that will allow us to continue to service our current customer base, and give us the necessary space to assist this new customer segment. 5. Str:~te~ies and Immlementation Sun~ni~rv 5.0 Strategy and Implementation Summary Our strategy is simple: we intend to provide our customers with professional grade products, and the knowledge and tools necessary to install them, and keep them working to their highest standard. 5.1 Competitive Edge Central Irrigation Supply has already developed long and strong relationships with all of our manufacturers. We have years of experience in the irrigation industry, and are constantly updated on new products and trends in this industry. We are active members of the MNLA (Minnesota Landscape Association) and IA (Irrigation Association). 5.2 Sales Strategy The company's sales strategy will be based on the following elements: • Continue to utilize our and our vendor's websites. • Update our website to cater to the retail market. • Continue to advertise in the yellow pages. • Utilize our storefront to attract retail customers. • Word of mouth referrals -generating sales leads in the local community through customer referrals. -y~ AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 16, 2003 I. CALL TO ORDER II. ADOPT AGENDA P `~~9 III. APPROVE MINUTES ~~~~ IV. NEW BUSINESS A. Continue Consideration of 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 #o the October 7 Regular EDA Meeting V. ADJOURNMENT l4~ Agenda Information Memo September 16, 2003 Eagan Economic Development Authority Meeting III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the September 9, 2003 special EDA meeting as presented or modified. ATTACHMENTS: Enclosed on page ~ is a copy of the minutes of the September 9, 2003 special EDA meeting. Enclosed on page ~~ is a copy of the resolution approving the minutes of the September, 2003 special EDA meeting. X49 MINUTES OF A REGULAR MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 9, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 9, 2003 at the Eagan Municipal Center. Present were Mayor Geagan and Commissioners Fields and Maguire. Also present were Executive Director Tom Hedges, Director of Community Development Hohenstein, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 3 Nay: 0 APPROVAL OF MINUTES Commissioner Fields moved, Commissioner Maguire seconded a motion to approve the minutes of the September 2, 2003 Economic Development Authority meeting. Aye: 3 Nay: 0 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 Commissioner Fields moved, Commissioner Maguire seconded a motion to continue consideration of the resolution to the September 16, 2003 Economic Development Authority meeting. Aye: 3 Nay: 0 ADJOURNMENT The meeting adjourned at 8:20 p.m. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000 (TDD phone: (651) 675-8535. 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. ~J V EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE SEPTEMBER 9, 2003 SPECIAL MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the September 9, 2003 special meeting of the Eagan Economic Development Authority. 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 16th day of September, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director ~~ Agenda Information Memo September 16, 2003 Eagan Economic Development Authority Meeting tV. 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 Continue Consideration of 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 to the October 7 Regular EDA Meeting FACTS: • City staff and consultants are continuing to discuss terms of the amended and restated development agreement. It is the desire of the parties to complete the discussions and have a final document for EDA consideration at the October 7, 2003 meeting. ~~~