Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10/21/2003 - City Council Regular
AGENDA L....`y EAGAN CITY COUNCIL -REGULAR MEETING "`~ ~ - EAGAN MUNICIPAL CENTER BUILDING OCTOBER 21, 2003 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS • Diamond T Ranch IV. CONSENT AGENDA P 3 A. APPROVE MINUTES B. PERSONNEL ITEMS ~' ~ C. CHECK REGISTERS ~,/ D. APPROVE Cooperative Agreement for the Dakota County Community Development Block Grant v Program P~ E. APPROVE 2004 Joint Powers Agreement for the Dakota County Drug Task Force F. DIRECT Preparation of Ordinance Amendment, Chapter 5, Wine, Beer and Liquor Licensing and Regulation Regarding Liquor License Fees ~~' G. APPROVE Temporary On-Sale Liquor license for Faithful Shepherd Catholic School 9 H. APPROVE Temporary On-Sale Liquor License for the Southwest Area YMCA p~d I. APPROVE Private Wel] Permit for Thomson-West Group •~y~ J. AUTHORIZE Feasibility Report for Project 900 - I-35E Crossing at Duckwood '~~~ K. APPROVE Authorization for City Participation in Minnesota Chambers of Commerce Grow Minnesota Program sO L. APPROVE Comments on an Environmental Assessment Worksheet (EAW) for a Residential Development ("The Bluffs") in Western Mendota Heights within Noise Zone 4 as defined by the Metropolitan Council Aviation System Plan, per the recommendation of the Eagan Airport Relations Commission ~M. APPROVE Engagement Letter for Auditing Services -Kern, DeWenter, Viere, LTD. for the Year Ending December 31, 2003. d~gN. APPROVE Extension for Recording Final Subdivision - Kennerick Second Addition -Thorson ~" Homes O. APPROVE Extension for Development Contract Completion Date (Diffley Plaza) P. APPROVE Waiver of Rental Rates for the ECVB's Use of the Oaks Room ~~ APPROVE Antenna Lease Agreement with ATT Wireless Services of MN, Inc., for Safari Reservoir V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS vV A. REZONING, PRELIMINARY SUBDIVISION AND PRELIMINARY PLANNED DEVELOPMENT - MENDOTA HOMES. A Rezoning of approximately 2.5 acres from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Eagan Grove Townhomes) to create nine lots and a Preliminary Planned Development, located at 3790 Dodd Road in the NE '/4 of Section 24. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA X. ECONOMIC DEVELOPMENT AUTHORITY ,1 q XI. OTHER BUSINESS A. RESOLUTION Approving Amended and Restated Development Agreement Relatin to Tax Increment g Financing District No. 1 Between the Eagan Economic Development Authority and U.S. Home Corporation. XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Agenda Information Memo October 21, 2003 Eagan City Council Meeting REC(JGNITIONS & PRESENTATIONS DIAMOND TRANCH/CAROL THOMAS The City Council will recognize Carol Thomas and the Diamond T Ranch for their 32 years as a unique business in the City of Eagan. An interest was expressed by both members of the City Council and the Eagan Historical Society at a joint meeting on Tuesday, October 14, to seek an artifact from the Diamond T Ranch that could be displayed or used by the City in recognition of the Diamond T Ranch for its contribution to the community. r ~~ ~' ~ ~_ Sl ~,~r MEMO ~~? city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 17, 2003 SUBJECT: AGENDA INFORMATION FOR OCTOBER 21, 2003 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 21, 2003 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 21, 2003 Eagan City Council Meeting CONSENT ~~~GENDA 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 October 7, 2003 regular City Council meeting and the October 7, 2003 Listening Session as presented or modified. ATTACHMENTS: Minutes of the October 7, 2003 regular City Council meeting are enclosed on pages L through ~. Minutes of the October 7, 2003 Listening Session are enclosed on page ~. 3 ~R MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 7, 2003 A regular meeting of the Eagan City Council was held on Tuesday, October 7, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers 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 City Administrator Hedges noted that an item regarding the State of Minnesota Custom Microsoft Enterprise Enrollment Agreement with Microsoft Licensing would be added as Item Y to the Consent Agenda. Councihnember Tilley asked that item K be pulled from the Consent Agenda. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: S Nay: 0 CONSENT AGENDA It was noted by City Administrator Hedges that the public hearing dates for the Vacation of South Dodd Road Right of Way (item N) and the public hearing for Project 886 (item R) would be held on November 6, 2003. Councilmember moved, Councihnember 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 September ] 6, 2003 regular City Counci] meeting, the September 16, 2003 Listening Session and the September 9, 2003 Special City Council meeting as presented. B. Personnelltems. 1. It was recommended to approve the Fall Protection Program for the City of Eagan. 2. It was recommended to approve an addition to the City's Personnel Policy offering a Health Care Savings Plan participation opportunity to employees. C. Check Registers. It was recommended to ratify the check registers dated September 1 S, 2003, September 22, 2003 and September 27, 2003 as presented. D. Lawful Gambling Exempt Permit. It was recommended to approve a Minnesota Lawful Gambling Application for Exempt Permit for Faithful Shepherd Catholic School to hold a raffle Saturday, January 24, 2004. E. Civic Arena Capital Expenditures. It was recommended to approve capital expenditures from the "Repair and Replacement" and Retained Earnings" funds prior to January 1, 2004. F. Proclamation. It was recommended to proclaim October 2S, 2003 as "Make a Difference Day" in Eagan. G. Proclamation. It was recommended to approve a Proclamation proclaiming October 20-24, 2003 as National Business Women's Week in Eagan. H. Set Public Hearine. It was recommended to set a public hearing for November 6, 2003 to consider certification to Dakota County for collection of delinquent utility bills. I. Set Public Hearine. It was recommended to set a public hearing for November 6, 2003 to consider the fmal assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. J. Set Public Hearins. It was recommended to set a public hearing for November 6, 2003 to consider the final assessment of the delinquent board up service bills and certify them to Dakota County for collection with property taxes. K. Ordinance Amendment. Pulled for discussion L. Contract 02-1 1. It was recommended to approve Change Order No. 3 to Contract 02-] 1 (Dodd Road, Cliff Road to 120' Street (Butwin Road) -Street, Utility and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. Eagan City Council Meeting Minutes October 7, 2003 Page 2 RAFT M. Traffic Signal Maintenance Agreement. It was recommended to approve a Traffic Signal Maintenance Agreement #03-03 with Dakota County for Town Center Drive and Duckwood Drive and authorize the Mayor and City Clerk to execute all related documents. N. Right of Way Vacation. It was recommended to receive the petition to vacate public right-of--way and schedule a public hearing to be held on November 3, 2003. O. Proiect 806R. It was recommended to approve an Easement Agreement for Project 806R (Kennerick Addition, pond HDP-1 -Trunk Storm Sewer Improvements) with the owners of Parcel No. 10-88800-104- 00 and authorize the Mayor and City Clerk to execute all related documents. P. Contract 02-09. It was recommended to approve the final payment in the amount of $83,469.42 to Ingram Excavating, Inc. and accept the improvements for perpetual maintenance subject to warranty provisions. Q. Proiect 771. It was recommended to approve an Easement Agreement for Project 771 (Lexington Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-22515-030-01 and authorize the Mayor and City Clerk to execute all related documents. R. Proiect 886. It was recommended to receive the Draft Feasibility Report for Project 886 (Lone Oak Road - Trunk Water Main Improvements) and schedule a public hearing to be held on November 3, 2003. S. Predevelopment Grant. It was recommended to authorize resolution of support or application for Predevelopment Grant. T. Ordinance Amendment. It was recommended to approve the ordinance amendment updating Chapter 11 of the City Code in its entirety; to approve the ordinance summary; and to authorize and duect the City Attorney's ofEce to publish the ordinance summary. U. Trust for Public Land's Application. It was recommended to approve a resolution in support of the Trust for Public Land's application to the Dakota County Farmland and Natural Areas Program for preservation of the Caponi Art Park. V. Project 751. It was recommended to approve an assessment settlement agreement for 4880 Dodd Road for special assessments relating to Project 751R (South Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. W. Contract 01-05. It was recommended to approve Change Order No. 6 to Contract O1-OS (Cedar Grove Redevelopment -Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. X. Extension for Recording Final Plat. It was recommended to approve an extension of time to record the Final Plat for Vogelpohl Addition, located at 2099 Silver Bell Road. Y. Agreement. It was recommended to approve the State of Minnesota Custom Microsoft Enterprise Enrollment Agreement with Microsoft Licensing, GP and to authorize the Mayor and City Clerk to execute the appropriate documents. K. Ordinance Amendment to Chapter 5, Wine, Beer and Liquor Licensing and Re ulg ation. Councilmembers agreed to discussed this issue further at an upcoming workshop. Councilmember Tilley moved, Councilmember Fields moved to continue discussion of an Ordinance Amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation to a future workshop. Aye: 5 Nay: 0 PUBLIC HEARINGS PROJECT 764R, SELMARK /HARVEY / BURRVIEW ADDITIONS STREET RESURFACING IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for street resurfacing improvements for Sehnark, Harvey and Burrview Additions. Director of Public Works Colbert 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. It was noted that Lot 4 on the displayed map did not indicate an assessment, however the property will be assessed. s Eagan City Council Meeting Minutes October 7, 2003 Page 3 RAFT Councilmember Carlson moved, Councihmember Tilley seconded a motion to approve the Final Assessment Roll for Project 764R (Sehnark, Harvey and Burrview Additions -Street Resurfacing Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Maguire abstained. PROJECT 875, LEXINGTON PLACE /LEXINGTON PLACE SOUTH STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for street overlay improvements for Lexington Place and Lexington Place South. Duector of Public Works Colbert 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. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Final Assessment Roll for Project 875 (Lexington Place /Lexington Place South -Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 876, DREXEL HEIGHTS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the fmal assessment roll for street overlay improvements for Drexel Heights. Public Works Duector Colbert 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. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 876 (Drexel Heights -Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 GARAGE VARIANCES AT 2090 QUARTZ LANE ROBERT AND RENATE OWEN City Administrator Hedges introduced this item regarding a request for variances to exceed the 20 percent lot coverage by 1.5 percent; to exceed the allowed 800 square foot detached accessory structure by 160 square feet and to allow the pitch and style of the garage roof to differ from the principle structure. Senior Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. Robert Owen, applicant provided background information in regard to his variance requests. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Discussion was held regarding the garage roof not matching the hipped roof on the house. It was suggested that the two roofs be consistent and that Mr. Owen add gutters to address concerns of snow melt. Mr. Owen agreed to this suggestion and withdrew the request for the third variance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance to allow the proposed detached accessory structure to exceed the allowable 800 square feet by 160 square feet, located at 2090 Quartz Lane; subject to the following conditions: 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 6 Eagan City Council Meeting Minutes October 7, 2003 Page 4 ~RAFi in writing at least 30 days before expiration and shall state fats showing a good faith attempt to complete or utilize the use permitted in the variance. 2. No other accessory structures shall be permitted on this property. 3. The exterior materials of the garage shall match the existing principal materials. Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a Variance to allow the building coverage to exceed the allowable 20 percent by 1.5 percent, located at 2090 Quartz Lane; subject to the following conditions: 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 fats showing a good faith attempt to complete or utilize the use pemutted in the variance. VARIANCE TO REQUIRED REAR FIVE FOOT SETBACK FOR A PORCH ADDITION AT 4687 WILDWOOD STREET - STEPHEN PALO City Administrator Hedges introduced this item regarding a request for a five foot variance to the five foot required rear yard setback for a porch addition at 4687 Wildwood Street. 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. Stephen Palo, applicant, was present to answer questions of the Council. Councilmember Carlson inquired about association covenants. Mr. Palo stated he had presented his plan to the Association Board and they were in agreement. Councilmember Maguire asked that written verification be provided from the Association. Community Development Duector Hohenstein stated that the documentation would be required prior to the issuance of a building pernut. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve a five foot variance to the five foot required rear yard setback for a porch addition at 4687 Wildwood Street; subject to the following conditions: 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 fats showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The building materials shall match the principal structure. 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 a modification to the landscape plan on property located at 4510 Erin Drive. Senior Planner Ridley gave a staff report. A representative of the applicant was present to answer questions of the Council. Councilmember Tilley moved, Councihnember Fields seconded a motion to approve a Planned Development Amendment to allow a maintenance building within a utility easement on property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 15` Addition, in the SW '/< of Section 30, subject to the following conditions: Aye: 5 Nay: 0 Eagan City Council Meeting Minutes October 7, 2003 Page 5 CRAFT 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. 2. The Owner shall execute an agreement holding the City harmless for any damages to the maintenance building or trash enclosure that may result from the City's use and maintenance of the easement. The agreement shall be submitted for review and approval by the City Attorney prior to execution. Councilmember Maguire moved, Councihnember Tilley seconded a motion to approve a Planned Development Amendment modifying the landscape plan property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree 15' Addition, in the SW '/< of Section 30 subject to the following conditions: Aye: 5 Nay: 0 An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The landscaping must be completed by October 1, 2003. The application shall incorporate the original trail alignment into the overall maintained lawn area at a comparable grade sufficient to allow unimpeded access by City maintenance equipment within the existing utility easement on the east side of the property. Additional lighting for security purposes shall be provided on the east side of the building according to the lighting plan received September 29, 2003. Replacements and repairs to existing lighting shall be completed as indicated at the applicant's letter dated September 30, 2003. Trees near the building and the path shall be pruned of branches below seven feet and shrub material shall not exceed 3 feet in height. For security purposes, shrubs along the trail and around the building shall not exceed three feet in height and shall provide open spaces such that the planting is not continuous and dense. The owner shall be responsible for maintenance of site lighting and landscaping, including repair or replacement ofnon-working lights, and ensuring the health of the landscaping including the removal of litter, necessary pruning and replacement of any plant materials that die or are removed due to disease. NEW BUSINESS WIAVER OF PLATTING (LOTS 2 AND 3, POPPLER HOMESTEADS NO. 2 MICHAEL TIERNEY City Administrator Hedges introduced this item regarding a request for a waiver of platting to shift the common lot line between Lots 2 and 3, Poppler Homesteads No. 2 located at 3055 and 3045 Poppler Lane. Senior Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Waiver of Platting to shift the common lot line between Lots 2 and 3, Poppler Homesteads No. 2, located at 3055 and 3045 Poppler Lane in the NW %< of Section 10, subject to the following conditions: Aye: 5 Nay: 0 Within 60 days following City Council approval of the Waiver, the applicant shall file with the County Auditor a lot combination agreement to combine Lot 3 with the small portion of Lot 2, Block 1, Poppler Homesteads No. 2, for tax purposes, and proof of the filing shall be submitted to the City. A five foot public drainage and utility easement along each side of the new property line shall be created by separate document in a form acceptable to the City Attorney and recorded with the Lot Combination Agreement. Construction on Lot 3 will be subject to both the R-1 and Shoreland zoning requirements at the time of building permit. Sanitary sewer and water are available to serve both lots. CONDITIONAL USE PERMIT -TRINITY LONE OAK LUTHERAN CHURCH City Administrator Hedges introduced this item regarding a conditional use permit to allow construction of a pylon sign on property located at 2950 Hwy. 55. Senior Planner Ridley gave a staff report. 8 Eagan City Council Meeting Minutes October 7, 2003 Page 6 CRAFT Councilmember Carlson noted that in previous situations, monuments have been required to be removed at the time of the installation of an additional sign. A representative of the church discussed reasons for leaving the existing monument sign which serves purposes other than signage. Councilmember Carlson suggested that the wording be removed from the monument. Councilmember Carlson moved, Councihember Tilley seconded a motion to approve a Conditional Use Permit to allow construction of a pylon sign on property located at 2950 Highway 55, legally described as Section 2„ Twn. 27, Range 23, 5.36 A in SE'/o of SE'/< for church and cemetery in the southeast'/4 of Section 2, subject to the following conditions: Aye: S Nay: O l . This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. A Sign Permit shall be obtained from the City prior to installation of the sign. 3. The existing temporary sign in violation of City Code shall be removed from the property. 4. The pylon sign shall be setback a minimum of 10' from the west property line, face north and south perpendicular to Hwy 55 and be located in the sloped open area visually between the church and the cemetery, as shown on the site plan received 8014.03. 5. The pylon sign shall comply with the plans received 8-14-03, 6. Landscaping consistent with a mulched landscape bed, landscape border and evenly spaced dense evergreen shrubs to fill the sloped area at the base of the sign shall be implemented within 6 months of the installation of the sign. 7. The existing monument sign shall be converted to a decorative landscape monument without any lettering, advertising or identification. CONDITIONAL USE PERMIT -MILLER DUNWIDDIE ARCHITECTURE City Administrator Hedges introduced this item regarding a Conditional Use Permit to allow a kidney dialysis clinic in a BP Business Park zoning district on Lot 1, Block 1, Grand Oak Three located at 2750 Blue Water Road. Senior Planner Ridley gave a staff report. Representatives of the applicant were present to answer questions of the Council. Councihmember Fields moved, Councilmember Carlson seconded a motion to approve a Conditional use permit to allow a kidney dialysis clinic in a BP Business Park zoning district on Lot 1, Block 1, Grand Oak Three located at 2750 Blue Water Road; 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. All signage shall comply with the City Sign Ordinance. CONDITIONAL USE PERMIT -INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a conditional use permit to allow a health care facility in a BP, Business Park zoning district on Lot 2, Block 1, Grand Oak Four, located at 880 Blue Gentian Road. Senior Planner Ridley gave a staff report. Representatives of the applicant were present to answer questions of the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow a health care facility in a BP, Business Park zoning district on Lot 2, Block 1, Grand Oak Four, located at 880 Blue Gentian Road; 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. All signage shall comply with the City Sign Ordinance. 9 Eagan City Council Meeting Minutes October 7, 2003 ~~ F T Page 7 DIRECT PREPARATION -ORDINANCE AMENDMENT TO REVISE NON-CONFORMING USE REGULATIONS City Administrator Hedges introduced this item regarding a proposed ordinance amendment to revise non- conforming use regulations to limit the improvement or expansion of non-conforming uses. Community Development Director Hohenstein gave a staff report. Councihnember Fields moved, Councihnember Carlson seconded a motion to authorize the preparation of an ordinance amendment to revise non-conforming use regulations to limit the improvement or expansion of non- conforming uses. Aye: 5 Nay: 0 SENATE FILE 150 City Administrator Hedges discussed this item regarding legislation that could significantly affect cities' ability to continue to collect cable franchise fees. Alan Miller discussed a proposed resolution opposing Senate File 150 as it is currently drafted and requesting modifications upholding local right-of--way management and compensation authority. Councihnembers discussed the proposed resolution and agreed to direct staff to develop a letter to Senators Dayton and Coleman outlining the City's concerns and to make contact with all congressional delegates. Councilmember Tilley moved, Councilmember Carlson seconded a motion to authorize a formal resolution calling upon the Senate to protect the rights of cities to require local cable system operators to pay franchise fees for use of public rights-of--way and forward said resolution to Minnesota's legislative delegation forthwith, authorize the City Administrator to develop a letter to Senators Dayton and Coleman outlining the City's concems about SF 150; and authorize the City Administrator to contact by phone the offices of Senators Dayton and Coleman with the City's concerns. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Recreational Vehicle Outdoor Storage. Community Development Director Hohenstein discussed a recent directive given to staff to work with the Advisory Planning Commission to potentially revisit the issue of Recreational Vehicle Outdoor Storage. Councilmembers agreed the issue should be discussed at a Council workshop. Special City Council Meeting -October 14, 2003 Councihnember Fields moved, Councilmember Tilley seconded a motion to begin the October 14, 2003 Special City Council meeting at 4:30 p.m. at the Old Town Hall to meet jointly with the History Committee. Aye: 5 Nay: 0 Runoff -Lebanon Hills Regional Park Public Works Director Colbert provided an update regarding the drainage plan by Dakota County for runoff at Lebanon Hills Regional Park. Committee Meetings City Administrator Hedges noted that meetings of the Communications Committee and the Personnel Conunittee would be scheduled in the near future. /o Eagan City Council Meeting Minutes October 7, 2003 Page 8 Minnesota Cities Week RAFT Councilmember Tilley moved, Councilmember Fields seconded a motion to proclaim the week of October 5 - 11, 2003 as Minnesota Cities Week. Aye: 5 Nay: 0 Councilmember Maguire moved, Councilmember Tilley seconded a motion to recess the City Council meeting and immediately convene a meeting of the Board of Adjustments and Appeals. BOARD OF ADJUSTMENTS AND APPEALS City Administrator Hedges explained that at the meeting of September 16, 2003 Eagan Board of Adjustments and Appeals consideration was given to an appeal by Central Irrigation and Supply of a decision to deny rezoning of property located at 2785 Pilot Knob Road, made by the City Council at their regular meeting of June 3, 2003. The Board of Adjustments and Appeals affirmed the Council action of June 2, 2003 at the September 16, 2003 meeting. Board member Carlson moved, Board member Tilley seconded a motion to adopt the Board's Findings and Resolution regarding the City Council's denial of a rezoning of the property located at 2785 Pilot Knob Road, in the NE '/< of Section 4. Aye: 5 Nay: 0 Board member Maguire moved, Board member Fields seconded a motion to adjourn the meeting of the Board of Adjustments and Appeals at 8:45 p.m. Aye: 5 Nay: 0 A meeting of the Economic Development Authority was convened at 8:45 p.m. Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the regular City Council meeting at 8:55 p.m. OTHER BUSINESS PURCHASE AGREEMENT City Administrator Hedges explained that it is necessary for the City Council to ratify action previously taken at the Economic Development Authority meeting regarding City acquisition of property for redevelopment in the Northeast Eagan Redevelopment District. Councilmember moved, Councilmember seconded a motion to approve a Purchase Agreement for City acquisition of property for redevelopment, Northeast Eagan Redevelopment District, Darcom Partnership Property, 2815 Dodd Road, and related stipulations and relocation agreements and approve sale of the Darcom Property to Interstate Partners LLC in accordance with the terms of the Amended and Restated Development Agreement dated December 23, 2002. Aye: 5 Nay: 0 VISITORS TO BE HEARD An Eagan explained that he had received a parking ticket for parking in front of his house. He had inadvertently failed to display his parking permit. He requested that Council consider providing smaller parking permits that could be left hanging on the rear view mirror. Councilmembers agreed to discuss this issue further at a future workshop. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 9:00 p.m. Aye: 5 Nay: 0 Date Deputy City Clerk // Eagan City Council Meeting Minutes October 7, 2003 Page 9 ~RAF7. 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) 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. /a `~ MINUTES OF A LISTENING SESSION ~•[ OF THE EAGAN CITY COUNCIL ~ ~~ OCTOBER 7, 2003 6:00 P.M. The Eagan City Council held a Listening Session on October 7, 2003 at 6:00 p.m. In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Dave Rugg asked about the status of the review of the commissioner selection process. He offered to provide additional information to the Council for their review. Councilmembers indicated that the issue would be discussed at an upcoming workshop and welcomed the offer of information from Mr. Rugg. The Listening Session adjourned at 6:30 p.m. Respectfully submitted, Mira McGarvey Administrative Secretary /Deputy City Clerk /3 Agenda Information Memo October 7, 2003 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. TSP/Market Revision/Assistant to the City Administrator Position ACTION TO BE CONSIDERED: To approve a Time Spent Profile (TSP)/Market revision from exempt range G to exempt range I for the Assistant to the City Administrator position. FACTS: This position is over a year old and responsibility levels have changed. Therefore, a TSP and market review was performed. -- Current responsibilities and market comparisons indicate that this position should be placed in exempt Range I of the City's compensation plan. Item 2. TSP/Market Revision/City Clerk/Administrative Services Coordinator Position ACTION TO BE CONSIDERED: To approve a Time Spent Profile (TSP)/Market revision from non-exempt range H to exempt range J for the City Clerk/Administrative Services Coordinator position. FACTS: • This position is now two years old and additional responsibilities have been added, especially over the past year and a half. • Therefore, a TSP and market review was performed. • Current responsibilities and market comparisons indicate that this position should be placed in exempt Range J of the City's compensation plan. • This position will change from hourly to salaried which means it will no longer qualify for paid overtime. Item 3. Title Change/City Planner Position ACTION TO BE CONSIDERED: To approve a title change for the current Senior Planner position to that of City Planner. FACTS: • In order to more accurately indicate the level of responsibility of this division head position, both externally to the public and internally to staff, it is recommended that the title of the current Senior Planner position be changed to that of City Planner. • This title is consistent with the titles of similar positions in like jurisdictions. • This action is also consistent with the City of Eagan's organizational structure and past practice for like divisions. • There is no compensation adjustment related to this action; it is purely a title change. ~~ Agenda Information Memo October 7, 2003 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated October 9, 2003 and October 16, 2003 as presented. ATTACHMENTS: Check registers dated October 9, 2003 and October 16, 2003 are enclosed without page number. is Agenda Information Memo October 21, 2003 Eagan City Council Meeting D. COOPERATIVE AGREEMENT FOR DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTION TO BE CONSIDERED: Approve Cooperative Agreement for the Dakota County Community Development Block Grant Program. FACTS: • Dakota County is an entitlement county for the receipt and distribution of Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development. The County has designated its Community Development Agency (CDA} to administer the funds for county wide and community specific programs. • Under the County CDBG program the community specific funding is allocated through four districts. Within District 3, which includes Apple Valley, Burnsville and Eagan, funding is distributed to each of the cities for application to specific projects or activities designated by the individual city. The authority to participate in the program and allocate funds within the City is covered under a Cooperative Agreement, which typically covers a three year participation time frame. • The specific program allocations for the next fiscal year will be brought forward for Council consideration in the future. At this time, the CDA is requesting City consideration of approval of the updated Cooperation Agreement. The agreement under consideration at the present time actually covers the current three year period. It is coming forward at this time, because the County and HUD had been in discussions regarding specific language and interpretations in the agreement that have now been resolved. This does not have any effect on the funding of activities that have already occurred during the last two funding rounds. ATTACHMENTS: • CDA memo and updated agreement on pages 1~~. /6 Dakota County Community Development Agency ...................... MEMORANDUM TO: CDBG Subrecipients FROM: Dan Rogness (651.675.4464) Department of Community Revitalization DATE: September 30, 2003 RE: Cooperation Agreements, FY02-04 Please find attached a copy of your community's Cooperation Agreement for participation in Dakota County's CDBG Entitlement Program, which is a HUD requirement every three years. This agreement covers the period beginning October 1, 2001 and ending September 30, 2004. The CDA is asking you to execute this near the end of that time period due to some earlier legal and administrative delays with our HUD office. My hope is that you will not have to execute another 3-year document for FY05-07. HUD has determined that Dakota County can carry out CDBG Program activities within jurisdictions of the county only if Cooperation Agreements are executed between the county and governing body. The Cooperation Agreement will signify that your community is committed to participate in Dakota County's Entitlement Program. With that participation, you will be entitled to annual CDBG funds based on the county's Implementation Plan, which allocates funds to four districts as follows: District 1 -Rural towns and townships (3.6% of distributed funds). District 2 -Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, West St. Paul (26.3% of distributed funds). District 3 -Apple Valley, Burnsville, Eagan (48.2% of distributed funds). District 4 -Farmington, Hastings, Lakeville, Rosemount (21.9% of distributed funds). As noted previously, this Cooperation Agreement must be approved by the governing body (city council or town board). Therefore, I will be available to represent the county at your council or board meeting, if necessary. I would like to get all Cooperation Agreements completed by November 30, 2003. Please contact me if you have further questions or concerns. 1228 Town Centre Drive • Eagan, MN 55123-1066 tel 651- 675-4400 • fax 651- 675-4444 V /~ COOPERATON AGREEMENT FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF DAKOTA, State of Minnesota, hereinafter referred to as "COUNTY" and the CITY/TOWNSHIP of Eaean, hereinafter referred to as "COOPERATING COMMUNITY", said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 47] .59. WITNESSETH: WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for a program of community development block grants; and, WHEREAS, Dakota County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grant funds; and, WHEREAS, the County's population, among other factors, is a determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore-referenced law; and, WHEREAS, part 570, Chapter V of the Title 24 of the Code of Federal Regulations set forth regulations governing the applicability and use of funds under Title I; and, WHEREAS, Section 570.105, titled "qualifications as urban county" provides that computation of the County's population may include persons residing in "unincorporated areas" and in "its included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants;" and WHEREAS, it is in the interest of the City/Township of Ea an to have its population counted together with other municipalities of Dakota County who similarly agree; NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974, Title 1, of Public Law 93-383, as amended (42 USC 5301 et seq.) B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Community" means any city or township in Dakota County which has entered into a cooperative ageement which is identical to this agreement. E. "Dakota County CDA"means the Dakota County Community Development Agency which will provide administrative services for the County under this program. /8 F. "Essential Community Development and Housing Assistance Activities" means community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing. The definitions contained in 42 USC 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. II. PURPOSE The Cooperating Community and the County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and townships in Dakota County and such numbers will enable the County to so qualify under the Act. The purpose of this Agreement is to authorize the County to cooperate with the Cooperating Community in undertaking, or assist in undertaking, essential community development and housing assistance activities pursuant to community development block grants as authorized in the Act and the Regulations. III. TERM OF AGREEMENT The term of this Agreement is for a period commencing on the effective day of October 1, 2001, and terminating no sooner than the end of Federal Fiscal Year 2004. This Agreement is extended automatically for each subsequent three-year program period unless written notice of termination to be effective at the end of the current three year program is given by the County to the Cooperating Community or by the Cooperating Community to the County following the same schedule as the "opt out" notification requirements as established by HUD. A copy of such written notice of termination, if given by either party, shall be provided to the appropriate office of the U.S. Departrnent of Housing and Urban Development (HUD). The County shall provide written notification to the Cooperating Community of the Community's right to "opt out" and terminate this Agreement at least thirty (30) days prior to the "opt out" date. This Agreement shall remain in effect until the Community Development Block Grant and HOME Investment Partnership Program funds and program income received with respect to activities carried out during the three-yeaz qualification period (and any successive qualification periods) are expended and the funded activities completed, and that the County and Cooperating Community cannot terminate or withdraw from the cooperation agreement while it remains in effect. Notwithstanding any other provision of this Ageement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Dakota County as an Urban County under the Act. N. METHOD The Cooperating Community hereby agrees that it will undertake, or assist in undertaking, essential community development and housing assistance activities as described in Section I of this Agreement. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for basic grant amount under the Act. In making the application, the County shall address the goals and needs of County as developed in meetings between the Cooperating Community, its citizens and the County, and also address the Act and other relevant Minnesota and/or Federal statutes and regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. The Cooperating Community and the County agree that the County shall establish a reasonable time schedule for the development of the grant application. It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be the Cooperating Community, its agent, or the Dakota County CDA. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each party to /9 undertake the project, though it is understood by the Cooperating Community that the County shall have final responsibility for selecting projects and filing annual grant requests. The County is hereby authorized to distribute to the Cooperating Community such funds as aze determined appropriate for the Community to use in implementing a project. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the entity undertaking the project. It is understood by the parties hereto that the County will be entering into an Administrative Services Contract with the Dakota County CDA under which the Dakota County CDA will provide those administrative services necessary to carry out obligations of the County under this Cooperation Agreement. The Cooperating Community agrees to cooperate with the Dakota County CDA to the extent necessary to achieve the purposes of this Agreement. V. SPECIAL PROVISIONS Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. The Cooperating Community and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the Regulations. In the event that there is a revision of the Act, Regulations, and/or the provisions of the Urban County Qualification Notice in effect at the time of renewal of this Agreement which would make this Agreement out of compliance with the Act, Regulations, or Urban County Qualification Notice, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. Both parties understand and agree that the refusal to renegotiate this Agreement will result in effective termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulations as amended. All funds received by the County under the Act shall be deposited in the County treasury. The Cooperating Community and the County shall maintain financia] and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared and to permit the tracing of grant funds and program income to final expenditure. The Cooperating Community and the County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonab]e times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three yeazs from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. The County shall perform all audits of the basic amounts and resulting program income as required under the Act and Regulations. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community Development Act of 1974 and all other applicable requirements of the Act and Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the County's responsibility to assume all obligations of an applicant under the Act, including the development of applications pursuant to 24 CFR 570.300 et seq. The parties further agree to take all actions necessary to assure compliance with the County's certification required by Section ] 04 (b) of Title I of the Housing and Community Development Act of 1974, as amended the Fair Housing Act, The Americans with Disabilities ao Act of 1990, and other applicable laws. They also agree that the County shall not fund activities in or in support of a unit of general local government that does not affirmatively further fair housing within its own jurisdictions or that impedes the County's actions to comply with its fair housing certiScation The parties further agree that pursuant to 24 CFR 570.501 (b), the Cooperating Community is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570.503. Such agreements are only entered into when a Cooperating Community chooses to propose a project and actually will receive funds from the County's entitlement allocation. The parties further agree that the Cooperating Community has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. ai TN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. APPROVED AS TO FORM COUNTY OF DAKOTA, AND EXECUTION: STATE OF MINNESOTA Assistant County Attorney Date: City/Township of By: Its: Date: And: Its: Date: By: Its: County Boazd Chair Date: a~- SUPPLEMENT TO THE COOPERATION AGREEMENT FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into and between the COUNTY OF DAKOTA, State of Minnesota, and the CITY/TOWNSHIP of Eagan, (hereinafter referred to "COUNTY" and "COOPERATING COMMUNITY", respectively) said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes Section 471.59. WITNESSTH: WHEREAS, Title II of the Cranston -Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12701 et seq. as amended) provides for a program known as the HOME Investment Partnership Program; and, WHEREAS, Dakota County, Minnesota qualifies under said law as a member of the HOME Consortium formed by Anoka, Dakota, Ramsey, Washington Counties and the City of Coon Rapids in Anoka County; and, WHEREAS, part 92 of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability and use of funds under Title II; and WHEREAS, the governing regulations require that units of local government enter into a Cooperation Agreement with the County for participation in the HOME Program, which shall be the same Cooperation Agreement participation in the Community Development Block Grant Program; NOW, THEREFORE, the parties mutually agree to the following terms and conditions. I. DEFINITIONS The following terms defined in the Cooperation Agreement for the Dakota County Community Development Block Grant Program shall have the meaning contained herein, in addition to the meaning given in that Agreement: A. "The Act" means the HOME Investment Partnership Act, Title II of the Cranston -Gonzales National Affordable Housing Act, 42 U.S.C. 12701 et seq., as amended. B. "Regulations" means those regulations found at 24 CFR Part 92, as amended. The Definitions contained in the Act and in the Regulations are incorporated herein by reference and are made a part hereof. II. PURPOSE The purpose of this Agreement is to authorize the County to cooperate with the Cooperating Community in undertaking, or assisting in undertaking, the activity as authorized in the Act and in the Regulations. III. METHOD By executing this Agreement, the Cooperating Community understands that it: A. May not apply for grants from appropriations under the Small Cities or State Community Development Block Grant Programs for fiscal years during the period in which it participates in the County's Community Development Block Grant Program; and, B. May participate in a HOME Program only through the County, and cannot form a HOME Consortium for participation in the Program except through the County, during the period in which it participates in the County's Community Development Block Grant Program. a~ The parties have caused this Agreement to be duly executed. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. APPROVED AS TO FORM COUNTY OF DAKOTA, AND EXECUTION: STATE OF MINNESOTA Assistant County Attorney Date: City/Township of By: Its: Date: And: Its: Date: By: Its: County Board Chair Date: a~ Agenda Memo October 21, 2003 Consent Agenda ~. 2004 Joint Powers Agreement for the Dakota County Drug Task Force ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. FACTS: • The City of Eagan has participated in a Drug Task Force since 1987 by providing a fulltime investigator. • The task force is currently made up of the following consortium of governmental jurisdictions: Apple Valley, Burnsville, Dakota County Sheriff's Office, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, Savage, South Saint Paul and West Saint Paul. • The aforementioned governmental agencies have entered into a Joint Powers Agreement to support and maintain the Dakota County Drug Task Force. • The 2004 Joint Powers Agreements incorporates the following changes: o Section 12.2 is changed to a six-month agreement from the previous twelve-month agreement. This is because the 2003 State Legislature mandated the Commissioner of Public Safety's Office to research combining the states Gang Strike Task Force (GSTF) and Drug Task Forces (DTF) under one funding source beginning in the fiscal year starting July 1, 2004. Therefore, the 2004 JPA is only through June 30, 2004 pending the decision by the Commissioner of Public Safety combining the task forces. o Sections 7.1 and 7.7 reflect a 50% decrease in the grant funds for the drug task force. This is due to the fact this is only asix-month agreement and future grant funds available to the task force is again tied to the Commissioner of Public Safety's decision on combining the GSTF and DTF. o Section 8.5 is changed to add additional investigator expenses paid for by the individual governmental agency that was previously paid for by the Dakota County Drug Task Force. The additional expenses are cell phone, and in-service training that includes tuition, lodging, travel and meals. The change is due to reducing the operational expenses for the Dakota County Drug Task Force. ATTACHMENTS: as • The original copy of the Joint Powers Agreement on pages ~ to ~. • The Minnesota Department of Public Safety Office of Drug Policy & Violence Prevention mandatory "Cash Match" form, in the amount of $4,083.93, required for the City of Eagan to participate in the Dakota County Drug Task Force on page. . a6 ORIGINAL DAKOTA COUNTY DRUG TASK FORCE 2004 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. Z. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of ,this Agreement shall consist of the following units of government: c City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2004 JOINT POWERS AGREEMENT ~~ sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members achair, avice- chair, asecretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations maybe amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum oftwo-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and' supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force.; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d} other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2004 JOINT POWERS AGREEMENT a~ 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 5.10 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the cost of operation of the Task Force from January 1, 2004 through June 30, 2004 totaling $587,621 as follows: (1) $125,790 representing six (6) months of 2004 grant funds, and (2) $461,831 representing six (6) months of matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Sheriff s contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretary/Treasurer or Agent-in-Charge, or the Chairman in the absence of the Secretary/Treasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretary/Treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2004 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. DAKOTA COUNTY DRUG TASK FORCE 3 2004 JOINT POWERS AGREEMENT 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $ 125,790 in grant funds between January 1 and June 30, 2004. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings "' City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County One (1) Full Time Equivalent (FTE) One (1) FTE One (1) FTE One Seventeen-Hundredth (.17) FTE One Half (.50) FTE One (1) FTE One (1) FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1) FTE Five (5) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating DAKOTA COUNTY DRUG TASK FORCE 4 2004 JOINT POWERS AGREEMENT ~O costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would normally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) maybe appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. DAKOTA COUNTY DRUG TASK FORCE 2004 JOINT POWERS AGREEMENT .3/ 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. The Board may vote to divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insuraric~. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on January 1, 2004. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on June 30, 2004, unless extended by further written agreement of the parties. The State of Minnesota, Department of Public Safety has stipulated that all grant money received for the period of January 1 to June 30, 2004 shall be in an amount equal to 50% of the grant award in fiscal year 2003. Grant provisions beyond June 30, 2004 are currently under review by the State. 12.3 This Agreement maybe terminated at any time by the written agreement of a majority of the members. DAKOTA COUNTY DRUG TASK FORCE 6 2004 JOINT POWERS AGREEMENT ,~a 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature CITY OF BURNSVILLE By Date of Signature Attest Date of Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 7 2004 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date CITY OF HASTINGS By __ Date of Signature Attest Date of Signature CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature CITY OF LAKEVILLE By - - Date of Signature Attest Date of Signature CITY OF MENDOTA HEIGHTS By Date of Signature Attest Date of Signature CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE 8 2004 JOINT POWERS AGREEMENT 3 j~ Approved by the City Council CITY OF SAVAGE Date By Date of Signature Attest Date of Signature Approved by the City Council Date Approved by the City Council Date Approved by Dakota County Board Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-43 8-443 8 CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Date of Signature Approved as to Form (Asst County Atty): By Date of Signature Approved as to Execution (Asst County Atty): By Date of Signature DAKOTA COUNTY DRUG TASK FORCE 9 2004 JOINT POWERS AGREEMENT OFFICE OF DRUG POLICY & VIOLENCE PREVENTION Task Force Name: Dakota County Drug Task Force Grant Period: January 1, 2004 -June 30, 2004 Federal Fiscal Year 2002!2003 ORIGINAL INSTRUCTIONS 1. The purpose of this form is to identify the amount of cash to be contributed as a matching contribution and to assure that the match in question conforms to definition and standards established by the federal government. 2. Type title of project in upper left corner of form. 3. In the body of the form list the name and address of the contributing organization and show the total amount of the cash contribution in the column entitled "amount." 4. Certification of match must be signed and dated by the authorized official of each contributing organization. Use additional pages, as necessary. 5. These funds must be identified in state or local agency budgets or appropriations and must be in addition to fund that would otherwise be made avail-able for drug enforcement purposes. Identification requires an earmarking in some document associated with the appropriation or budget process. 6. If a further explanation of allowable and unallowable match is needed contact the Minnesota Office of Drug Policy & Violence Prevention at 651- 284-3333. The designated cash match appearing within this application represents funds which are in addition to funds that would otherwise be made available for drug enforcement. NAME AND ADDRESS OF CONTRIBUTING ORGANIZATIONS AMOUNT City of Eagan 3830 Pilot Knob Rd, Eagan, MN 55122 4,083.93 TOTAL CASH CONTRIBUTION < $ 4,083.93 CERTIFICATION OF MATCH NAME TITLE ORGANIZATION DATE Pat Gea an Ma or Cit of Ea an OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION (11/2002) 3~ Agenda Information Memo October 21, 2003 F. DIRECT PREPARATION OF ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIOUOR LICENSING AND REGULATION ACTION TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, entitled wine, beer and liquor licensing and regulation regarding liquor license fees. FACTS: • At the August 26, 2003 Special City Council meeting, discussion regarding the 2004 Preliminary Budget resulted in the City Council directing staff to compile information related to increases in user fees which are collected by the City. Liquor licensing was one of the affected areas that staff reviewed to determine if an increase was warranted. • Historically, the City has not increased liquor license fees or application and investigation fees for on-sale intoxicating licenses, 3.2 on-sale and off-sale licenses or wine licenses since December 1990. Based on results from a 2003 survey of municipal license and permit fees conducted by the Association of Metropolitan Municipalities, Eagan's fees rank among the lowest of all metropolitan cities with over 20,000 in population. • Considering the survey results, and taking into account increases in personnel costs associated with processing applications, staying current with legislative changes to liquor laws, communicating with establishments plus enforcement activities, an increase in fees appears reasonable. • An increase to Eagan's liquor license fees, using the median of other municipalities' fees, would generate approximately $75,000 in additional revenue to cover City expenses. The median fee was derived from the fees charged by 13 large cities in the metropolitan area with a population ranging from 44,576 to 85,285. • For a number of years, Eagan has charged well below what other municipalities have charged to administer liquor licensing and perform enforcement activities. By using the median license fee, Eagan, in some cases, is still below what other cities of a similar size and proximity to Eagan are charging. • State Statute 340A.408 requires that notice of the proposed fee increase must be mailed to all affected licensees at least 30 days before the date set for the hearing. In order to comply with state requirements, all liquor licensees were sent a letter on October 16 informing them of the potential fee increases. To allow fora 30-day notice, the draft ordinance amendment will be scheduled for consideration at the November 18, 2003 City Council meeting. 3~ Agenda Information Memo October 21, 2003 G. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. FACTS: • Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for January 24, 2004. The fundraiser is the fifth annual Live and Silent Auction, which is being held to raise money for the operation of the school. • The application form has been submitted and deemed in order by staff. • Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Application and letter enclosed without page number. 3 ~" Agenda Information Memo October 21, 2003 H. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR THE SOUTHWEST AREA YMCA ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee and wristband requirement. FACTS: • The Southwest Area YMCA has requested a temporary on-sale liquor license be issued to them for the Dine Dakota fundraiser planned for November 8, 2003. Proceeds from the fundraiser will benefit Teens at Risk through the YPartners Program. • New requirements pertaining to temporary on-sale liquor licensees, with an emphasis on restricting youth access to alcohol, were approved by the City Council on July 1, 2003. One of the requirements was that all persons who consume, purchase or possess an alcoholic beverage shall first be identified with a valid photograph identification and then be issued a wristband, approved by the Police Chief, that must be worn at all times. The YMCA is requesting that the wristband requirement be waived since this will be a controlled and supervised adult-only event with wine being the only alcoholic beverage available. • The Southwest Area YMCA is also asking that the $150.00 license fee be waived. • The application has been reviewed by staff and the Police Department. Absent the question of the wristband requirement, the application is in order for approval. • Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS: • Application and letter enclosed without page number. 39 Agenda Information Memo October 21, 2003 Eagan City Council Meeting I. PRIVATE WELL PERMIT -THOMSON WEST GROUP ACTION TO BE CONSIDERED: Approve a permit fora 6" private well to Thomson West Group for Lot 11, Block 1, West Publishing 4th Add. subject to the installation of a backflow preventer immediately above the City's water meter. FACTS: • The City has received a request from the Thomson West Group for a permit to install and develop a 465' deep 6" well to provide analternate/backup water supply for the cooling towers for the new expansion to their Data Processing Center located at 610 Opperman Dr. • A permit has already been issued by the Dakota County Environmental Department and the Mn Dept. of Health. • According to City Code 4.30, subd. Sh, any new well greater than 4" must be approved by the City Council. City staff has met with the applicant and reviewed the purpose, need, location and design detail and found that it will meet the City's concerns if the following condition is added to the Council's approval (which West has already agreed to): - A backflow preventer must be placed immediately above the domestic meter to prevent the well from backflowing into the city's potable water system. ~U Agenda Information Memo October 21, 2003 Eagan City Council Meeting J. PROJECT 900, I-35E TRUNK WATERMAIN CROSSING ACTION TO BE CONSIDERED: Authorize the preparation of a Feasibility Report by city staff for Project 900 (I-35E Trunk watermain crossing). FACTS: • The City has adopted a Comprehensive Water Supply and Distribution Plan for the community. With about 95% of the trunk distribution system installed, there remain only a few uncompleted segments. One of these is a stretch of 30" diameter pipe under I-35E from Crestridge Drive to Lakeview Trail near the future alignment of the Duckwood Drive Ring Road overpass. A carrier pipe/casing was installed under 35E during the freeway's original construction to minimize any disruption to the freeway traffic. • This connection will provide additional backup and looping capabilities and better service to the system's intermediate zone once the new Coachman Rd. Water Treatment Plant Expansion is completed in March of 'O5. • This improvement is programmed for installation in 2004 under the current 5 year Capital Improvement Plan ('04-'08) approved by the Council on June 3, 2003. • A feasibility Report would address the scope, cost, financing and schedule of this proposed improvement for detailed review and consideration by the Council at a later date. It is suggested that this study be perform by the Engineering Division personnel. ATTACHMENTS: • Location Map, Page ~. ~~ ii /; 74/$6.x` r`~ . J tom, ~ ~' , ' / •% ` . ~ ~~~' • ~ ~ fps , p 8/82 % ~ ~~ r-' 9 , ,~ ~ ~~ ~ ~j , ~ ~_ , L---i . ` 82 •1 78 950 l ~-`~ ~ ~ _ 76~ 8/65 ` 87/ 03 ~`~ ~ •~~~, ~ 21 MGD ~` ` , j d •_ f TREATMENT PLANT 241 ,'` 7/ ii '~ ~ 91 . , ~ ~-~:~, ` 0 83/94 r~, • 89 9 i ~' ~~.?r'. ~•t~; ~ ~r J H r ' ~~ ~ 1 ~ ~ J ~5Q ~5 ~ 96 ` . ~~ ~ l: .1 d5~ I •~~ r~~ 9 ;,~, ~r ~ .~ :v .~ g• q~ 1 , ~ ~ : Lr_ 45 5 } ~ 0.5 MG 'J ~~ ATED STO _ .~ HWL 1059 , ~' r,~•. ~G ` ~_ •, a 64/76r ~ » ' 73 ~ i f ;~` ~ ~ ~ , - i j _ ~ ~ f ~. ' ~- of --, ~ 53 /sa ! !-~;~ ~ ' 1 ~~_J , ~"• T~i 70 J -~;_ ~. ~ ,~i ~ ~ ~ r ~~(?~ ~ ,. '' ; ~ i ~ r ~~'~- - i ~r -` i -j--~ r ~ I~\ ~"i~ i ~ ~ ~,~' 1`~'j~'1- ~ r ~`-K 1'i.~ ~ ~ ~ !" i 7 ~~-- -•- ~ `--{J,~ ~/~ `. ? ~ ~rj-c `~ ' r~ li~:J' i11i.L!_/ ^ ~ i ~~'j}~-'~~~~ ti~~~ ~ r ~ Y , _~ ~` -(' .cam-t,-t ~~--~rt~-~r'~ r_L.:1iJ ~ t!~`~~ T " ~ ~ ~~~-?~-+ ~ ~ i ~ L_r \ /f i " J ~~ ii--'s'~'"~. _ +. ~ ' ~ -,--r ; _ ~~ 59,-69 ~ ~'---- ' _~~~~~ ~,;~,~, `~-L 23; 1.2 121 r j - ~ s /80 ~~'~", ~~~ ~7/7s ` ' E=.:f~;~ / ; 1 r - r--~ ~ ~ '' 125 1 s 1 ~ \ ` ~r '`y '~ _ 1 .~. . [fi•~~ ~ ~ /` ~ / ~ G~OHWD 1 T59 G 1020 1 ~: ,~~ / ~ f _ 160 (,.,~ ~. ~~ rr _ ~ ! ,~ j- ~ ~ 87/100 8 i~r~ , 5 ~ 'may ~'~,,`~ F- 4 ;' t Agenda Information Memo October 21, 2003 Eagan City Council Meeting K. AUTHORIZATION FOR CITY PARTICIPATION IN MINNESOTA CHAMBERS OF COMMERCE GROW MINNESOTA PROGRAM ACTION TO BE CONSIDERED: Approve authorization for Economic Development Commission members and staff to participate in the Minnesota Chambers of Commerce Grow Minnesota Program through the Northern Dakota County Chambers of Commerce. FACTS: • At its meeting of August 11, 2003, the Commission received a presentation by Northern Dakota County Chambers of Commerce President Jennifer Gale regarding the Grow Minnesota business communication program, which is being coordinated by the Minnesota Chambers of Commerce through local Chambers. The program is intended to be an ongoing business contact and communication program aimed at identifying business needs and issues and to stimulate private sector job growth among existing businesses within communities and the state. • In response to Ms. Gale's request, several members of the Commission volunteered to participate in the initial meeting for the program. At the Commission meeting of September 8, 2003, the Commission members reviewed information from the initial meeting regarding the program and discussed participation by the Commission members and staff in the program. • The Minnesota Chamber stresses that this as a private sector initiative rather than a government one, but it represents an opportunity for the City and the Chamber to partner in an important communication program. To reinforce the cooperative nature of the program, at its meeting of October 13, 2003 Commission meeting, the Commission formally recommended that the City Council authorize City representatives to participate in the program. ATTACHMENTS: Background information and first year contact list on pages ~r-~`~9• y3 Minnesota - A Prospectus Page 1 of Mike Ridley From: Jennifer Gale [jgale@ndcchambers.com] Sent: Thursday, June 19, 2003 9:36 AM To: mridley@cityofeagan.com Subject: i'rospectus.doc Mike, The Northern Dakota County Chambers of Commerce is partnering with the state and other local chambers in the initiative called Grow Minnesota. NDC will be focussing on retention and expansion visits for the first year and will be tracking the visits by completing an extensive survey during the visits and keeping a database of challenges/opportunities the businesses may be encountering doing businesses in our communities. Our goal is to work with the city staff to shaze this information and I think this could be done through the Economic Development Commission. After you have had a chance to review this material, please call me so we can discuss it. Many thanks for this opportunity! GROW MINNESOTA! A private sector statewide business retention and expansion initiative to strengthen and expand Minnesota's for-profit employer base led by the Minnesota Chamber of Commerce. WHY THE CHAMBER? Over the last decade, the Minnesota Chamber has been told by its members to make the state's business environment more competitive by reducing workers' compensation expenses, reforming the property tax system, making health care coverage more flexible and restructuring business regulations (especially environmental). The Chamber has made progress in each of these areas. Clearly there is more work to be done on these, and other issues; however, Minnesota now has a much better "story'' to tell. The time is right for a statewide private sector business retention and expansion effort directed by solid research on economic trends and led by the Minnesota Chamber in partnership with local and regional chambers of commerce. WHY DO WE NEED A STATEWIDE PRIVATE SECTOR INITIATIVE? Someone needs to worry about Minnesota's economic future. Public sector resources are declining at the state and local level. History has also shown that business people are much more likely to share information with their peers. Most public sector economic development programs are focused on "deals"; this initiative will focus on private sector for-profit jobs. A statewide initiative will minimize the competition among Minnesota communities particularly between the Twin Cities and Greater Minnesota and at the same time give us more to sell; a major metropolitan area, vibrant regional centers and great small towns. The Minnesota Chamber can insure that all options are presented to our current businesses and business prospects not just a select few. We can also make sure that every enterprise feels wanted and appreciated, not just those looking for a new site or planning an expansion. A statewide initiative also provides a broader funding base of support. HOW WILL THIS BE DIFFERENT THAN PREVIOUS PRIVATE SECTOR INITIATIVES 6/ 19/2003 ~ ~~ Minnesota - A Prospectus Page 2 of SUCH AS ADVANTAGE MINNESOTA? We will do everything we can to make our front door attractive but spend most of our initial efforts on guarding our back door. Our primary focus will be on retaining Minnesota businesses and encouraging them to expand here. While there are plans to market Minnesota as a great place to locate a business we will focus our initial efforts on our companies that have already made a commitment to do business here. Over 500 Minnesota companies will be contacted in year one by state and local chamber staff. Previous operations did not have the ability to take advantage of an in-place statewide Iocal chamber network with close ties to their local businesses. We also plan to work closely with existing state and local economic development organizations. Prospects will be referred to appropriate organizations so they can make specific proposals. Our retention calls may also trigger requests for technical assistance and our intention is to refer these requests to the private or public organization most capable of responding. In addition, no other program in the past had abuilt-in public policy component like that of the Minnesota Chamber at the state level and local chambers at the local level. This is a critical component if we are going to successfully address the state and local public policy issues that are obstacles to corporate growth and expansion. Finally, there will be limited overhead investment, as a new organization will not need to be created to fulfill the mission of this initiative. WHY FOCUS ON PRIVATE SECTOR JOB GROWTH? Any new private sector jobs are a welcome .addition to our state's economy. We should pay particular attention, however, to those companies whose customers are beyond our state's borders, "exporters" if you will. That way every sale brings new dollars to our economy. Housing and non-profit institutions are clearly key parts of our economic infrastructure, but they are no substitution for the growth of afor-profit business. Some non-profits also fit this export category most notably the Mayo Clinic. HOW WILL THE CHAMBER DO THIS? By communicating regularly with Minnesota businesses and encouraging them to grow here. Identifying and publicizing the trends affecting the development of our state's economy. Recommending community and public sector responses to these trends. Processing inquiries of businesses considering a Minnesota location or expansion and when appropriate, marketing the state to the nation and world. HOW WILL THAT BE MEASURED? Not all of the performance measures have been identified, however we believe the following will be included in our analysis of this initiative. We will measure. and make an annual report to our stockholders, the number of jobs retained, Minnesota corporate expansions and new companies attracted to our state. As a part of that annual report we will also note the member of retention calls that have been completed, a summary of the public policy initiatives addressed and the number of prospects we have assisted. We will also measure our progress in identifying trends and our ability to take advantage of them. WHO SHOULD INVEST? Private sector companies and local chambers of commerce that have an interest in the long-term prosperity of Minnesota. TERM OF INVESTMENT. Investors will be asked to make athree-year commitment on their investment. LEVEL OF ANNJdAL SHAREHOLDER COMMITMENT. $25,000 $15,000 \ 10 000 6/ 19/2003 yS L Minnesota - A Prospectus 65,000 61,000 6500 Page ~ of WHAT IS THE EXPECTED RETURN ON INVESTMENT? In the simplest of terms, more private sector for-profit jobs. SPECIFIC RESPONSIBILITIES: Minnesota Chamber of Commerce • Create and implement the governance structure of the initiative. • Provide staff to manage the statewide initiative and supervise regional efforts. • Raise funds necessary to launch the initiative and maintain it for at least 5 years. • Develop a "client driven plan" including marketing and evaluation systems. • Coordinate lead management and distribution. Communicate prospects to local chambers. Process inquiries and ensure timely follow-up. • Manage retention calls, initial goal of 500 per year statewide. - Work with local chambers to set goals. - Develop retention materials and set goals for the number of visits per month. Ensure that follow up activities are completed. - Adjust annual legislative agenda based on feedback. • Follow-up with specific businesses based on feedback received during retention calls. Develop and execute a state marketing plan. Provide opportunities for individual regions to promote themselves. • Organize out-of--state prospect visits based on business types identified as likely to be successful in Minnesota. • Lead the discussion of private and public sector responses to economic trends. Local Chamber of Commerce Partners • Act as primary contact for current and prospective businesses. • Compete for development opportunities. Continue to identify sites, financial incentives and workforce incentives for prospective businesses. • Complete pre-agreed upon number of business retention visits annually -follow-up with appropriate units of government and/or make referrals when necessary. • Participate in statewide lead sharing pool (ground rules to be determined). • Establish and maintain local/regional systems to respond to leads/prospects. • Participate in out-of--state visits when appropriate. 6/ 19/2003 Economic Development Meeting Page 1 of 1 Jon Hohenstein From: Jennifer Gale (jgale@ndcchambers.com] Sent: Wednesday, October 08, 2003 11:23 AM To: Maggie.Jensen@minnesotamutual.com; Jon Hohenstein Subject: Economic Development Meeting Good Morning! I have Borne new developments for the Grow Minnesota Initiative I wanted to share with the EDC Group. I have finalized the list of businesses we will be visiting in 2003/04. We will begin t1~e initiative by scheduling approximately 2 a month starting in November. I will be sending them the beginning of the survey ahead of time along with a letter explaining why we would like to meet with them. I will them follow up a week later to try to schedule an appointment. A Chamber CEO and I will then meet for orie and a half hours to go through the entire survey. I would welcome any EDC members to accompany us on the Eagan visits as a business person «Cover Letter.doc» . If the visits are easy to schedule and we decide to make additional visits not included orz our list, I would welcome suggestions from the EDC on who those visits should include. As I mentioned, I plan to begin visits in November and will let the EDC know when we have them scheduled and who we will be meeting with. Thank you for your participation. Jennifer L. Gale President Northern Dakota County Chambers of Commerce (651) 452-9872 Visit our website at www.ndcchambers.com «Jennifer Gale.vcf» 10/8/2003 ~~ ~ October 8, 2003 XYZ Business Address City, State Zip Dear XXX: We would like to take this opportunity to introduce you to a new statewide, private-sector, business retention and expansion initiative developed by the Minnesota Chamber of Commerce in partnership with 29 local and regional chambers of commerce, including the Northern Dakota County Chambers of Commerce. Ours will be an on-going effort to encourage companies to remain in Minnesota and help them expand here. Participating chambers will conduct retention calls year round to companies in their communities to: 1) Thank them for doing business in Minnesota; 2) See if there are any problems that we can help them solve; and 3) Collect feedback that will be used to identify trends in the economy and shape the business community's public policy agenda. We will be calling you sometime in the next six months to see if you are interested in meeting with us. In the meantime, if you have any questions about Grow Minnesota! or would like. to expedite our visit to see you, please contact me at 651-452-9872 or j~ale~Lndcchanibers.com . Sincerely, Jennifer Gale President ys' `~ O O N Q M O O N O a~~i a a~ w .N c 0 .C m N C C N a O N O U w 0 L f6 L U U Z a~ L N t U L N N C L C F' C C cu C 3 _ C ~ N ca ~ w C ca C N v ccv ++ C 0 (S O ~ ~ ~ ~0.. 'd ' 0- ~ ~ '6 ~ a C ;~ ~ ~ V = N a> N a~ to N O W C cv Vi o C 3 O v o N o C to ~ C ~ ~n U a` a a` U n. n`. O > C~ a` a U 0 0 R L ~ .. c~ O L O ' N c y ._ ~ 'C O ~ >' N ~ y J O E C ~ L Q O ~ _ D _. N > ~ Y O Y ~ 'O fn ~ N = Z, ~ J O ~ C 'O O ~ E O ~ ~ O (>0 ~ O O O N V O ~ L O 0 0 ~ a ~ m c~ ~ ~ o ~ = ~ m ~ z ~ U cn Y ~ o O O 1~ O r r l1') r O O M I~ r O tf~ LI') O O O O N r Cfl r O r O 0 O d' O r M In O r O O ~' r O 0 CD ~- 00 N ~ I~ ~- M r M N O O CO O OJ r Ln N N CO M O to CD Ln N N M ~ M M O ~ C7 M N N O ~ ~ I~ M O ~ L[') O h M I~ O ~ M ~- of ~ ~ M N ~ In Cfl O ~ tf~ CO (n N N ~ ~ 07 I~ C O ~ d' ~t d' ~ ~ ~ ~ N CO ~ ~ ~ ~ ~ ~ M ~ M r r r r r r r r r r r r r r r r !~ r r 0. m cD ca cfl co cfl cD co co cfl m cfl co cp cfl co co m co OO CO r N LO ~- OD CO CO r O N 0p (D t0 r i- N ~- N r N 00 CO r N N N r N r N Op CO r N 0 N O lf~ r In r Lf') O Lf) r Ln r In O lf) r t!7 r ltd r LI7 r ll) O Ln r L[~ r Ln r lf~ r In O l1') r t,f) r L!') Ln In In lf7 l.f> Lf~ In l1~ lf') Ln to Ln l(') Ln Lf~ lf') Lj") In LC) C. N L L ~. m ~ m rn .o c coo ~. c .~- ~ ~~ c a a = a c = o o h o o o ~ iE c ~ ~ ~ " 0 E ~ " c c c E c c c c ~ c a ~ N ~I y co O " y 0 m N ~ 0 ~ C N fq ~ 0 ca D1 co 0 co 0 N N co O cv O co O co O N y cu O C O UI~ (Q W ~S 0 ~ ~ 0 ~ 0 ~ ~ (0 W t6 W (Q W O d' (Q W (Q W (Q W (C W O ~ (0 W O ~ ~ N lII ~ ~ ~ L rn ~ y r ~ ~ c N ~ ~ L ~ m Q U ~ = ~ ~ > ` ~ E N ~ O C > ¢ (9 ~ Q ~ > ~~ = ~ ~ ~ -~ • ~ ~ V ~ ~ ~o 00 ~ a' ~ o L N ~' O _ ~ Q 00 ~ ~' OO /y O ~ Y C f0 O C r ~ L a > ca a~ ~ o ' -C o > a >, ~a O ~ c Y m 3 a ~ O U ~ p ~ C 00 J ~ U a ~ ~ N C ~ N O "'' O YA • L ~ ~ w O ~ + W ~ I- (n ~ J O W d - 2 W ~~ O O O N i~ ~ O l0 O O ~ O (D O O M r ~ ~ ~ d r ++ ~ N O O l!7 N M I~ I~ d' ~ O) N O In l17 M lf) N ~ N ~ f~ N O c0 ll~ H I~ M M O lf> 00 M N ~ V) r r r ~-- r r '- N M r M N N M N M r M N U y L D >+ N V1 ~ +~' ~ ~ ~ 7 N .O C O ~ ~ U (9 L ~ d N c .. Q> C ° y N ' ~ ~ - o N V ~ >, ~ ~ ~ o U o Z ~ N m o ~ ~ ~ ~ ~ U ~ c ~ ~ v o c i ~ ~ ~ Y , ~ m ~ C y C/) Q- L C ~ O U ~ .O ~ v o ~ o U c L o Q o c m c n" ~ ~ o U ° o ~ y ~ ~ (Q ~ L .... co Q ~ V ~ L ~ N - a i C C QI •L L m E ~ ~ ~ ._ ~ >+ E ~ o Y Z a~ Q, m U a T C .. X T o O ca C . O ~ - ~, 3 'O Y U O v> a 0 - (n O U ~ U ~ I- Q fn H ~ O ~ O U O (A ,C Cn U ~, (A L (.9 - > N D ~ p J y Q C ~ ~ ~ ~' O L O U O m Y a~ m N .~ O C (0 O a~ O n E 0 U N 0 1- Agenda Information Memo October 7, 2003 Eagan City Council Meeting L. APPROVE COMMENTS ON AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR A RESIDENTIAL DEVELOPMENT ("THE BLUFFS") IN WESTERN MENDOTA HEIGHTS WITHIN NOISE ZONE 4 AS DEFINED BY THE METROPOLITAN COUNCIL AVIATION SYSTEM PLAN, PER THE RECOMMENDATION OF THE EAGAN AIRPORT RELATIONS COMMISSION. ACTION TO BE CONSIDERED: To approve comments on an Environmental Assessment Worksheet (EAW) for a residential development ("The Bluffs") in western Mendota Heights within noise zone 4 as defined by the Metropolitan Council Aviation System Plan, per the recommendation of the Eagan Airport Relations Commission (ARC). FACTS: ^ The City of Mendota Heights is requesting comments on an Environmental Assessment Worksheet (EAW) for a residential development called the "The Bluffs" in western Mendota Heights within Noise Zone 4, as defined by the Metropolitan Council aviation system plan. ^ While the City of Mendota Heights has guided the area for residential use in its Comprehensive Guide Plan and indicates an intention to require the development to conform to its sound attenuation ordinance, the addition of new housing units within a known noise impacted area will diminish the effectiveness of the corridor to minimize impacts on residential areas. ^ In the past, the Eagan City Council, at the recommendation of the ARC, has made policy statements voicing opposition to development that is incompatible with airplane noise. ^ Furthermore, the City of Eagan has long maintained that compatible land uses in and near the Eagan/Mendota Heights Corridor should be maintained to the greatest extent possible. ^ The deadline for the City to submit comments to Mendota Heights regarding the EAW is October 30, 2003. ^ The Eagan Airport Relations Commission discussed the proposed development within Noise Zone 4, and unanimously recommended that the Council reaffirm the City's position in speaking against incompatible development within airport noise zones and within or near the corridor. ^ If it is the Council's desire, correspondence would be sent to Mendota Heights to affirm the City's position against incompatible development within Noise Zone 4. ATTACHMENTS: Excerpts from the Mendota EAW dated August 26, 2003 are enclosed on pages through .~• Enclosed on page is correspondence that was sent to the City of Mendota Heights, and copied to the Metropolitan Council in 1999. so :.: Mendota I~ieiQhts September 17, 2003 Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122-1810 SEP 2 2 2D~3 IZ.E: EAW for the "Bluffs" project To Whom It May Concern: Enclosed please find a copy of the completed Environmental Assessment Worksheet, ready for publication, for the "Bluffs" Project, a town home development proposed by Minnstar Builders, Inc. (a Ron Clark Company) for the Garron/Acacia site in Mendota Heights. The land is located east and west of Pilot Knob Road, north of Acacia Boulevard, and bounded by Highway SS and 1 ] 0 on the northeast and northwest. In December, public petitioned the Environmental Quality Board for an Environmental Assessment Worksheet for the project. The City of Mendota Heights was designated as the RGU for the project by the EQB. The City Council determined in January that an EAW was necessary to determine if there was a potential for significant environmental effects. The Developer submitted all of the information necessary for the City to complete an EAW for the project. At the City Council meeting last night, the Mendota Heights City Council determined that the EAW is now complete. Public notice of the EAW should be published by the EQB in the next issue of the EQB monitor which the City understands will be published September 29th fora 30-day review and comment period. During this 30-day period, written comments from the public are accepted on the EAW. The notice should provide that all comments must be sent to my attention at l l Ol Victoria Curve, Mendota Heights, MN 55118 by October 30`h, 2003. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, CITY OF MENDOTA HEIGHTS ~~~ , Carl Lindberg Administrator 1101 Victoria Curve • Mendota Heights, hDY 55118 (65 I) 4E52-1850 • FAX (651)4652-89410 22- Vehicle-related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. Traffic generation will have minimal impact to air quality. Low levels of traffic does not trigger EOB threshold for the study of air emissions. See response to question 21 for traffic volume forecasts. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone-depleting chemicals (chloro-fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed au pollution control devices.-Describe the impacts on air quality. N/A 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? X Yes No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust and noise normal to construction will occur as a result of this project. Dust will be controlled by watering during construction. Construction noise will be limited to daytime hours (7 a.m. to 8 p.m.} in accordance with the City of Mendota Heights general noise ordinance. There is currently one single family residence in the immediate vicinity of the proposed project. The proposed project is located within the Metropolitan Airport Commission's 1996 65 dBA Day- Night Average Sound Level (DNLJ contour and the 2005 64-60 DNL contour area. This is the same noise range as the Tangletown neighborhood in Minneapolis and the recently approved subdivision, Augusta Shores, located just across TH S5. The latest noise contour map is included as Exhibit K, Appendix 1. The proposed project is indicated on the map in red, below the word `Mendota ". All structures will be built with noise attenuation features as required in the City of Mendota Heights ordinance. The construction techniques for each townhome address the need for noise attenuation, both from overhead airplane flights, and adjacent truck and automobile noise from Highway SS. Special techniques in construction will involve high-grade windows with thicker glass panes and argon gas separation, as well as 2x6 sidewall construction, with additional installation layers. The ceilings will be insulated to higher levels and all venting and other openings will be baffled to reduce noise transmission. Sliding door, front doors, and garage doors will have additional features to minimize noise transmission. The homes will be air-conditioned and will include a fresh air exchange system to provide interior climate control. A noise consultant is being hired to design sound details of these buildings. ~~~ 53 EXHIBIT A DAKOTA COUNTY HIGHWAY MAP ~~cF ~ ... - it ~ - -- %, `=' . •y.T `~? \ i t i :1 ~~- ~ A~ t. ljh'~Qi . -. _. .. -. .~ ~ r,. v / r . f } ~: `7 - r_, Pk iGl - - ~f ~. ~,,J.rr": U~ r LA-:e .. ~/,.;~p,~ - ~`:`~ .L: •S!"T!*;~-~ch l'i 4t` • • ~:.~~'~/ ~ . , ~-::t .nr•~,~s~ i :;re 1~,~ : J>.!- •`•.. _~~=~~_-~. _.-r ~ „_-MIS I •:"-~~., .~-•~ .,, ~~ "„'" •~ - ..~ -._- as.-.. _ _ ~,•~ Y=om- r ~- ~: ~===_~-~:,: ..: •::s_ _ . • ~ ~ ~ .~,•• ~.: "~~ .-- :%~~ f / JIY ~r=(+Cc. • r '"=ice- U •f i :~ -.mot"-~L~., ;B•. f ~' t_ ' r Y.•- •,r O i.~, ,.i` t ~~ '1~• ~ ...s-H`~:~ _-' •. ~~ - '~• ~~1• • .IJ~ ~ ~• •~ ~ •'~- 1C• ~ ~•: ~1~ ~ 't - (f s<~ :r.~~•_u •.., ~~yyf ~_ _~t~-,(j6 `/~~-~• ~ 1 i~4`1;i ~• ;). ';!'`' w / A.lr rflP71?_•tj'~ ~ .4.M ~ µ y ~ ~• ~•• / =~=~ -a•. psi `.. •;. •_ - - r:: __% f tt FI t Gb"'~ _• ~ ~' • •. ~.1; ~Y=-yam, _ ..r~•.'>:~iti'iy ._ i~ R., GEOLOGICAL SURVEY 7.5 MINUTE SERIES TOPOGRAPHIC MAP UNITED STATES SCALE 1:24000 ~ "'-~ ~ ° +~0 5000 ~ moo ~ 1 1000 0 1000 2000 3000 1 ~•pMETER .5 0 1 ST. PAUL WEST, M11~TN. H 1StOr1C~ MINN. 196•] Information REVISED 1993 Quw~cl~ ~oc~noN atherers, inc• ~e~ EXHIBIT B __'' _ u lU/U!/LUU3 1L: ZZ CAd tib14~L2S~J4U m~Nliv1A nla1J JaP1 ~KJ vUG ~~ OCT 2 2 ~~99 t ~ ~ ~_ ~, - -rr-r.-.--~~-- PATRICIA E. AWADA Mayor PAULBAKKEN October 20, 1999 BEA BLOMQUIST PEGGY A. CARLSON Mr. James Dani~isoq Public Wotks Director SANDRA A. IvtAS(N Council Members City of Mendota Heights 1101 Vctoria Ciuve THOMAS HEDGES Mendota Height, MN 55118 City Adrnlnisharor E. J. VAN OVERBEKE SUBJECT: Mimi CAmprehCnSIVC Plan Amendrr~t - Hoffman Homes City Clerk Dear Mr. Danielson: The Eagan City !Council and Eagan Airport Relations Commission (ARC) have expressed considerable concern with this City of Mendota ldeeights' intention to develop for residential plnposes the excess cemetery propcr~y at Resurrection Cemetery. The objections cjf the City Council and ARC are based on the following concerns: ^ A large portion of the subject area is presently within Noise Zone 3 of the MSP Airport Noise Policy Area, which is incompatible with the proposed housing development ^ The development is very near the northern edge of the Eagan-Mendota Heights Corridor. The City of: gun strongly believes that compatible ]and trse.5 in and near the corridor should be maintained to the greatest ext~ passible. It is possible, indeed likely, that the residents of this area will demand less noise in the futuue. The City's regnipremeats for builders to adhere to its Sound Attenuation Ordinanx and for developers to provide notice on all deeds that the property is in an identified noise impact area are positive efforts and you ar+~to be commended for those efforts. Despite these efforts, residents will stiff become annoyed byinoise. The City of Eagan frays that this neighborhood may be used as an argument in the future to encroach on the capacity and boundaries of the corridor. The Crty of Eag~lr recognizes drat our communities have honest disagreements about the use of the corridor. lioweyer, ii is ft~ only realaining area around this urban airport in which gross numbers of residential piop~rties are riot severely impacted. The cilrcumstances will be that much worse in 2003 with the opening of the north-south runway and the introduction of high concentrations of noise into incompatible residential areas. Meanwhile, large areas of commercial-industrial property in the Eagan- Mendota Heights Corridor. will be undenrtiliyed in our efforts to reduce noise. Sincerely. James D. Verbriigge Assistant City A~minisirator Copy: Tom 1v~cElveen, Metropolitan Colmcil Chaun¢cy Casc, Metropolitan Colmcil ~ a Ml1MCIPAt. CEtdTER THE LONE OAK TREE MMNTEDIANCE FACILITY 3830 PILOT IwOB ROAD T- ^ _• - •--~ -•z r*^ENGTH AND GROWT}i IN OUR COMMUNITY 3501 COACHMAN POIM EAGAN. MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (651)681-4600 PHONE: (651)681-4.'500 FAX: (651) 68t-4612 ~~ qua! Opportunity Employer FAX: (651) 681-4360 TDO: (651)454-8535 www.Gtyofeogan.com TDD: (651)454-8535 Agenda Information Memo October 21, 2003 Eagan City Council Meeting M. ENGAGEMENT LETTER FOR AUDITING SERVICES-KERN, DeWENTER, VIERS. LTD. FOR THE YEAR ENDING DECEMBER 31, 2003 ACTION TO BE CONSIDERED: To approve the engagement letter with Kern, DeWenter, Viere, Ltd. to provide auditing services for the year ending December 31, 2003. FACTS: • The City exercised the RFP process for auditing services in 1995 and selected Kern, DeWenter, Viere, Ltd. (KDV) as independent auditors. • Staff remains satisfied with the services KDV has provided. • In 2000, the City Council established 2003 as the year to conduct an RFP for audit services; however, because of the vast changes to be incorporated in the financial report in 2003 because of GASB 34, staff feels retaining a new auditor unfamiliar with our operations would result in significant additional time and expense for both staff and the auditing firm. Staff plans to conduct an RFP in 2004. • The proposed base fee for auditing services for the year ending 2003 is not to exceed $32,600, which is a $900 (2.8%) increase over the 2002 fee. Additional costs for services related to GASB 34 implementation maybe incurred. • A copy of the proposed engagement letter, which is quite technical, will be made available if any member of the City Council would like to review it. s~ Agenda Information Memo October 21, 2003 Eagan City Council N. EXTENSION FOR RECORDING FINAL PLAT (KENNERICK 2ND ADDITION) -BRIAN THORSON ACTION TO BE CONSIDERED: To approve an extension of time to record the final plat for Kennerick 2nd Addition, located north of Lone Oak Road and west of Pilot Knob Road in the SE'/4 of Section 4. FACTS: • The City Council initially approved the Final Subdivision on August 19, 2003. The plat is required to be recorded within 60 days of approval, which would be October 18, 2003. • The applicant has requested a 30-day extension to allow additional time to record the final plat. The new deadline for recording would be November 17, 2003. • A letter from the applicant is attached. ATTACHMENTS (1): Letter from Brian Thorson, page 58 DATE: October 15, 2003 TO: City of Eagan FROM: Brian Thorson RE: Kennerick Second Addition-Extension Request Please consider this letter my request for an additional 30 days to record Kennerick 2"a Addition. ~ ~~~ Respectfully submitted, Brian Thorson. }~ SGT RECEIVED OCT 1 5 2003 Agenda Information Memo October 21, 2003 Eagan City Council O. EXTENSION FOR DEVELOPMENT CONTRACT COMPLETION DATE (DIFFLEY PLAZA). ACTION TO BE CONSIDERED: To approve a one year extension for installation of a berm described in the Development Contract for the Diffley Plaza subdivision, located at the South West corner of Diffley Road and Johnny Cake Ridge Road. FACTS: • The City Council initially approved the Final Subdivision on June 3, 2003. • The development contract reflects an October 1, 2003 completion date for the landscape berm. • The entire site has been rough graded. • The applicant has indicated they have left a larger berm with the existing. vegetation and evergreens onsite compared to the proposed berm. The applicant also indicates that the end user of Lots 3 and 4 might also be able to leave a larger berm with development. • The applicant is requesting a one year extension for installing the landscape berm along the south side of the property as indicated in the Development contract. A letter from the applicant is attached. ATTACHMENTS (2): Letter from Tom Gallagher, Alcan Development on page Landscape Berm Plan on page do 763 497 7145 Oct 10 03 02:40p M G RSTLEFORD CO [763] 497-7145 p.1 RECEIYEI~ ALCAN DEVELOPMENT, LLC 705 Central Avenue East Y.U. Box 110 St. Michael, MN 55376-0110 (763) 497-7144 Phone (763) 497-7145 Fax October 10, 2003 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN S S 122 {651) 675-5696 Shiela: OCT 1 ~ 2003 i=NGAN ENGINEERING QEPARTMENT Reference is made to our recent conversation in which we discussed the October 1, 2003 deadline for the completion of the berm on the southeastern portion of Diffley Plaza. As discussed, we have left a larger berm in place than originally called for in our development agreement. This was done because one of the neighbors had planted seven evergreen trees on the Astleford property for buffering purposes. We did not want to risk losing the trees by moving them {They are approximately 2S feet high). I am formally requesting a one year extension for the completion of the landscaping portion of my development contract with Eagan. My reason for this request is that if the end user on lots 3 and 4 do not need the entire parcel, we may be able to leave a larger berm in place than currently required by the agreement. At this time, we are not in negotiations with auy potential buyer on lots 4, S, and 6. Lots 1, 2, 3, and 7 are under purchase agreement. I'm confident the neighbors would approve of such an extension. Naturally, I would expect to leave a portion of my financial guarantee in place (as it relates to the landscaping), until such time as the City felt it could be released. If the Council does not feel it appropriate to grant the extension, we will mobilize the equipment and construct the original beirn as agreed upon. I will be happy to meet with the City Staff and Council to answer any questions they may have. Respectfully, '~-~ Tom Gallagher Alvan Development, LLC 6/ ~9 i ~~ u-iw (cx1 ~+w I 4KC ~M ~w 'rr+w~ ~ J77 lAf9Rd07tA9G N/J71' I os mroinisr yw rn.rrr wse ~nrwauna _ C.d V ~h 'C.QL---------------------------------- ~~ nr 1,'~ ~ ~ ~ ~~----------- ~ --------------------------------- - - - J.~ `_ ~9 h 0 tl; 3 0 0 1 llv 3 :/ ~] ,~. H N H O f ----~~-~-~~---____~~I , -~~---z----____~_~_ __~ ~.-_.-__-.-._.-._.- r-_-_ --~ ~- T ._ ~ `~/ I. \: e 1 'f ; I ~ I (~.. . II I I I I{ ~ ~ 11 I 1 I I I I I i ~ • I i e I ~ iii ~ ' I v II I 1 Iii iI I, i ~ I I ~ I I I ~ I I hs I I ~ j ~ .I ' ~ I ' I I ioi I - -------- i 4 I is I ~ I .C I `I~' - I l I,. I W 1 eM - ''~ I I 1 I I 1 .~ Ii LL Ij iii { ~ 1~ U 1 `~ 1 la.. {. I II I I ~ 1 ~ ~•..'..ii J I m ~ ~ 1 11~ ~ I 1 I 1 ~~ ~ I Q .1 1 1 ~ I 1 I ~ II L... ~ N :~` ~ 1 ~ I I . I I I I ~ ~ ____ _________________ I _ - if----~-''V ---------^---~'I ' ' ~/9 x ~ ~ * ^ ~ ' I ..YQv a ~~o , ~~ . A ~~ y •_ ~ ~ ~ ~ ~ ~ - ~~, ~ o ~ ~ . - ~.~ . $ay.~ a -~,, . ~ ~ ~ i ~ 1 I ~ ~ , ~ i e ~. v a ~ . ~~ ` .`~ ~\ T;y. A ~ I L 1 I I I I ~; F I ~I I I I. I we I...T I __._.... ' .. ... ~ . ~.._. -. _...-.. T ... I- .r.' I I I I I II . I I I / ~• I I I I ~I~ V ~% ~--_____--__ I I' ' I II I ~~~ I i% \~~ I I 1 i I I I ~ ~ /~ ~\ --~---R ~ I I I n ~~ 'e. I j I ~ i II ~ // j 41 i i i III C~. I I I I jjs~ I ~~~ j'~ ~ 1 II R ~ / .. j i ; j ll' I ~ I I I Y ~\ / ~ , IQ~rIe/ 1 1 ~ ~ 9~ I II I _ bbp a_ ~ ~ I I II, / V i , II; I A ~'2 i Qo e iz~ R _ r ~ ~p S U e I J C ~n W~ ; e ~O ~Z .... ... .........: 8 g f ^ - . j a le~~~ 1~~~~ 7 S f~~~ a~s.& :xaa x I i z t ~?'~ I I ~ ~ ~~~ L 1 t t-- ~ i i :-. \ . RY ~, \ -- ~ .. _ ~ _ ~ '~ .. ~ ~ ~, - ~ - i ~ / "t ^ ~ --' , ~ ~, $: I •.c~ ~ I. I _ ---t---~ I I-- n I I I -I---~ ~ ~~ I , i II 1 I', ~ a ~ : \\ ~i ~ ~ x~ ~ I I ~ i/mss -,` :MF` y~ ~'~° $ ` ~~~\ '~~ I I I , I I ~ !? ~ i r \' ~~~ ~ ~ ~ S ~ ~~I ~fl dl c €~: ~~~ i~7f ~ ~ i :~ {{ ~ ;ii{~~~~l~~i~f~~ ~~~ ~ ~f~~ ~ f ~ ~ ~i iZ ~ ! ~~ ~i; Agenda Information Memo October 21, 2003 Eagan City Council Meeting P . ECVB EXTRAVAGANZA FOR PROMOTION OF THE COMMUNITY CENTER ACTION TO BE CONSIDERED: To approve a waiver of rental rates for the ECVB's use of the Oaks rooms for an event that will promote and market the Oak rooms at the ECC. FACTS: The Eagan Convention & Visitors Bureau is a division of the City under our Communications Department. The Eagan Extravaganza event scheduled for Thursday, November 20, 2003 at the ECC is planned as a marketing strategy to showcase the Oaks rooms for Eagan businesses that cater to meetings and events in hopes that they will rent space at the ECC in the future. Due to the fact that this event is proposed to market the ECC and the Oaks rooms, there is a request to waive the room fee, along with a request to the caterers to donate the food. ATTACHMENTS: ^ Enclosed on page is a copy of correspondence from the ECVB. 6~ October 2, 2003 1501 Central Parkway Eagan, MN 55121 Phone: 651-675-5546 Fax: 651-675-5545 1-866-EAGAN-20 1-800-EAGAN-20 www.eagamm~.com City Administrator Tom Hedges Honorable Mayor Geagan and Eagan City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 5 5121 Dear Mr. Hedges, Mayor Geagan and Eagan City Council; In order to promote the use of Eagan's hospitality industry to meeting planners, event planners, corporate meetings, etc., the Eagan Convention & Visitors Bureau would like to host the first "Eagan Extravaganza" on Thursday, November 20, 2003 at the Eagan Community Center. The goal is to provide a venue for Eagan businesses that cater to meetings and events to showcase their products and services to the community. We feel that this would be a perfect time for planners to visit the center, interact with Eagan's hospitality industry and develop business relations for the future. We are inviting Eagan restaurants, meeting spaces, hotels, florists, decoration companies, limousine companies, etc. all the Eagan companies that get business from meetings being held in our community. We'd like to use the Oaks room at the ECC for the showcase with businesses purchasing table space for the trade show. We are charging a nominal fee to cover draping and skirting the tables, invitations and promotion. (see attached flyer) We are trying to keep this as cost efficient as possible. The two caterers are being asked to donate food and the Burnsville Holiday Inn will be the cash bar. In order to keep costs low, we are asking that the city waive the room fee for the Oaks room on that Thursday. This will be annual event designed to create more business for Eagan companies and develop recognition of Eagan as a prime meeting location. This first year our budget is very limited, but we hope in the future that this event will be able to pay for itself. We request your help in waiving the room fee as we will be have costs associated with draping and skirting the tables and preparing the proper promotion and invitations to make this a success. Thank you for your consideration. Sincerely, Ann Carlon, ARP Executive Director -Eagan Convention & Visitors Bureau SEE MERICA ~IACVB .... .....,. -.- MSAE ~1VTA ~~~ ~ ,~ ~. SGMP . 6~ Agenda Information Memo October 21, 2003 Eagan City Council Meeting Q. 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. 6s ,r Agenda Information Memo October 21, 2002, Eagan City Council VII. NEW BUSINESS A. REZONING TO PRELIMINARY PLANNED DEVELOPMENT, PRELIMINARY SUBDIVISION (EAGAN GROVE) AND VARIANCE - MENDOTA HOMES, INC. ACTION TO BE CONSIDERED: To approve (OR to deny) a Rezoning to Preliminary Planned Development for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE'/4 of Section 24, subject to the conditions listed in the APC minutes. To approve (OR to deny) a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de-sac length, to create ten lots for nine detached townhome units upon the same 2.55 acres, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Rezoning/Preliminary Planned Development - At least 3 votes Variance/Preliminary Subdivision -Majority of quorum FACTS: • The subject site consists of 2.55 acres located east of Dodd Road and south of Wescott Road and is currently vacant and unplatted. It was rezoned to R-1, Single-family residential in 2002; prior to that, the property had been zoned I-l, Limited Industrial. • Mendota Homes is proposing to construct 9 detached townhomes on this site in Eagan. • The development project also includes the adjacent property in Inver Grove Heights, which is proposed for 16 twin home units on 3.4 acres. The IGH portion of the site currently contains an industrial use. • The proposed density within Eagan is 3.53 units per acre, which is consistent with the Low Density land use designation of this property, which allows 0-4 units per acre. The overall density, including the IGH portion of the development, is 4.2 units per acre. • The site is within the area subject to the 1997 Joint Powers Agreement between the Cities of Eagan and IGH which contains provisions regarding extension of streets and utility services across the municipal boundary, as well as relevant fees and connection charges. • Access into the site is provided from Dodd Road and extends into IGH to serve the entire development, resulting in a cul-de-sac about 800 feet long. Thus, the Variance request for a cul-de-sac longer than the 500-foot minimum. • The development generally satisfies typical City requirements. A few modifications were identified in the staff report, and conditions of approval added in the event that the IGH portion of the development is not approved by that city. 66 • The Advisory Planning Commission held the public hearing on September 23, 2003 and recommended approval, subject to the conditions listed in the APC minutes. 60-DAY STATUS: Deadline has been extended by the applicant to January 1, 2004. ATTACHMENTS: September 23, 2002, APC Minutes, pages ~ through Staff report dated September 17, 2003, pages through 67 City of Eagan ~ ~~ Advisory Planning Commission Meeting Minutes September 23, 2003 Page 6 E. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - MENDOTA HOMES A Rezoning of approximately 2.5 acres from R-1, Single Family Residential to PD, Planned Development, a Preliminary Subdivision (Eagan Grove Townhomes) to create nine lots and a Preliminary Planned Development, located at 3790 Dodd Road in the NE '/< of Section 24. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated August 19, 2003. She noted the background and history. Applicant Erin Mathern of Mendota Homes, Inc., explained the status of the Inver Grove Heights applications, and stated the site design has changed a couple of times due to street issues. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked about the storm water drainage ponding. She stated concern that the ponding would be controlled only by Inver Grove Heights. City Engineer John Gordor stated all conditions should be reviewed if the Inver Grove Heights portion is not approved. He suggested adding a condition that protects the City of Eagan if the City of Inver Grove Heights portion is not approved. He also suggested a turnaround for the private street in Eagan. City Attorney Bob Bauer agreed with Mr. Gorder. Ms. Mathern explained that there is not enough width in the north corner of the property, so the hammerhead turnaround was thought to be the most appropriate design. Member Gladhill stated the property is not being used well by either City. He stated the design could be a good buffer between the two zones. He stated he is not normally in favor of calling this density development R1, however he is in favor of this proposal because of the special circumstances. Member Leeder stated he is in favor of Staff's recommendations. He stated he is in favor of the proposal. Member Hansen stated concern for the possible confusion at the north end of the property adjacent to Dodd Road with the dead-end private street that people may think it goes through to Dodd Road. Member Gladhill asked the City Engineer if the design of the turnaround at the Eagan/Inver Grove Heights border is acceptable, if Inver Grove Heights denies the proposal. He suggested adding a condition to address the possibility. 6s City of Eagan ; ~ ' Advisor Plannin Commission Meeting Minutes ~ ~ Y 9 September 23, 2003 Page 7 Assistant Engineer John Gorder stated that the parking area shown does not satisfy design standards for a turnaround and would need to be modified if the Inver Grove Heights portion of the development is not approved. Member Leeder moved, Member Gladhill seconded a motion to approve Rezoning and Preliminary Planned Development for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE '/< of Section 24 subject to the following conditions: 1. The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Site Lighting Plan 3. The property shall receive final subdivision/plat approval prior to building permit issuance. 4. The term of this Planned Development shall be five years. 5. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 6. Building setbacks on the perimeter of the site shall not be less than 40 feet from Dodd Road, 25 feet from the private street, and 15 feet from adjacent property to the north and south. Minimum side yard setbacks shall be 10 feet for the house and 5 feet for the garage. The dimensions of all setbacks shah be shown on the Final Site Plan. 7. As required by City Code, driveways shall not be more than 22 feet wide at the curb line. The driveway width should be revised to comply with this standard on the Final Site Plan. 69 City of Eagan Advisory Planning Commission Meeting Minutes ~~ ~ g~ September 23, 2003 ~° Page 8 8. The Final Building Elevation plans shall identify specific exterior materials and colors to be utilized. At least two color schemes shall be used throughout the development. 9. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 10. Maintenance of the landscaping shall be the responsibility of the development's townhome association. All voted in favor. Motion carried 4-0. Member Leeder moved, Member Gladhill seconded a motion to approve a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de-sac length, to create ten lots for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE '/< of Section 24 subject to the following conditions as amended: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 63, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 4. The developer shall be responsible for obtaining easements from adjacent properties allowing for grading off-site. 5. The developer shall be responsible for construction of the proposed storm water pond within Eagan entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. 6. The developer shall be responsible for the extension of 12-inch diameter trunk water main through the property within Inver Grove Heights, in accordance with the Eagan Water Supply & Distribution Plan (1996). 7. The developer shall connect the proposed lateral water main within Eagan to the trunk water main along Highway 149 within Inver Grove Heights, in accordance with City engineering standards. 8. The developer shall be responsible for the revisions to the existing pavement markings on Dodd Road to accommodate the private street intersection. 70 City of Eagan Advisory Planning Commission Meeting Minutes September 23, 2003 Page 9 9. The private streets within the development shall be constructed to a minimum width of 28 feet (face-to-face of curb). 10. The developer shall be responsible for petitioning the City to vacate the portion of the right-of-way of Dodd Road proposed to be incorporated into the final plat. If approved, the right-of-way shall be vacated prior to the final subdivision/ plat of this development. 11. This development shall construct four ponds to treat stormwater from 4.1 acres of the site. The ponds shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are to acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench from normal water levels. 12. In lieu of ponding to treat stormwater runoff from 1.6 acres, a cash dedication shall be required. The amount is to be determined by the City Water Resources Coordinator, and is payable at the time of final plat. 13. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 14. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 15. This proposal shall be subject to a cash parks dedication and cash trails dedication, payable at the time of final plat at the rates then in effect. 16. In accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights, park fees shall be paid to Eagan for the units in Inver Grove Heights, prior to Inver Grove Heights' release of the plat for recording. 17. If Inver Grove Heights does not approve the proposal; all necessary storm water ponding for the development within Eagan shall be provided in accordance with. City of Eagan water quality and engineering standards and requirements. 18. If Inver Grove Heights does not approve the proposal, the development shall provide a private street turnaround at the easterly end of the development in accordance with City of Eagan standards. 79. Additional landscaping and signage shall be provided at the northern end of the cul-de-sac in Inver Grove Height to provide a barrier at the dead-end of the private street adjacent fo Dodd Road. All voted in favor. Motion carried 4-0. ~i PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2003 CASE: 24-PS-15-08-03 24-RZ-12-08-03 24-PD-03-08-03 APPLICANT: Mendota Homes, Inc. PROPERTY OWNER: Starfire R & F, Inc REQUEST: Preliminary Subdivision HEARING DATE: September 23, 2003 APPLICATION DATE: September 3, 2003 PREPARED BY: Pamela Dudziak Rezoning and Preliminary Planned Development LOCATION: 3790 Dodd Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single-Family Residential SUMMARY OF REQUEST Mendota Homes is requesting approval of a Rezoning to Preliminary Planned Development and a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de- sac length, for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE '/4 of Section 24. The Planned Development zoning is necessary to accommodate the lots without public street frontage, private streets and deviations from bulk standards. The development project also includes the adjacent property in Inver Grove Heights, which is proposed for 16 twin home units on 3.4 acres. The Inver Grove Heights portion of the site currently contains an industrial use. It is staff's understanding that Mendota Homes has simultaneously submitted the development application to the City of Inver Grove Heights. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: 72 Planning Report -Eagan Grove September 23, 2003 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." ~3 Planning Report -Eagan Grove September 23, 2003 Page 3 Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNDlHISTORY The site is currently vacant and unplatted. In 2002, the zoning designation was changed to R-1, Single-family as part of a city-wide map update following from the update of the Comprehensive Guide Plan in 2001. Prior to that, the property had been zoned I-1, Limited Industrial. Dodd Rd. from Wescott Road to Diffley Road was reconstructed in 2002 from aaural-section two lane roadway to a two lane urban section roadway with curbs, safety lanes, left turn lanes, and a blacktop trail along the entire EXISTING CONDITIONS The property is currently unplatted and vacant. The site is open and contains no significant vegetation. The Eagan portion of the development site has been cultivated in recent years, while the Inver Grove Heights portion of the site contains an industrial use. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: ~v Planning Report -Eagan Grove September 23, 2003 Page 4 Existin Use Zonin Land Use Desi nation North Thomson/West PD, Planned Develo ment IND, Limited Industrial South Residential R-1, Sin le-Famil LD, Low Densi Residential East (Inver Grove Hei is Industrial I-1, Limited Industrial LI, Light Industrial (LDR, Low Density Residential proposed) West Residential R-1, Sin le-Famil LD, Low Densi Residential EVALUATION OF REQUEST Compatibility with Surrounding Area -The site is guided LD, Low Density (0-4 units per acre) and is currently zoned R-1, Single-Family Residential. The applicant is proposing to develop nine detached townhomes on this 2.55 acre site. While the proposed density is higher than the surrounding single-family residential developments, it is within the 0-4 units per acre, and the Eagan units are proposed to be detached, which is in character with the surrounding residential development. Densi -The applicant is proposing to subdivide the property into ten lots for the construction of nine detached townhome units on approximately 2.55 acres within Eagan, which equates to 12,335 sq. ft. per unit in combined private lot and common lot area. The proposed density within Eagan is 3.53 units per acre, which is consistent with the Low Density land use designation. The overall density for both the Eagan and Inver Grove Heights portions is a total of 25 units on 5.95 acres, or 4.2 units per acre. The applicant has a land use request pending in Inver Grove Heights for Low Density Residential, which if approved, would allow up to six units per acre. Townhome Association -The applicant's narrative states that "all homes will be association- maintained and platted as townhomes with individual lots for each residential unit and common lots for all other areas." In addition, "private, association-maintained roadways will allow access to each unit." The applicant should be responsible for preparing and recording, with the subdivision, appropriate documents establishing a Homeowners' Association. The documents should be submitted to and approved by the City Attorney's office prior to fmal subdivision approval. Transfers of common areas to the Association should be recorded with the subdivision. Preliminary Subdivision: Lots -Lots 1-9, Block 1 (the Eagan lots) are proposed to be 99 feet deep by 64 feet wide for each unit (6,336 sq. $. in area). Lot 10, Block 1, encompasses the private street and the common yard area for these units (53,991 sq. ft.). ~s Planning Report -Eagan Grove September 23, 2003 Page 5 Grading/ Topography -The preliminary grading plan is acceptable with modifications. The site is generally open and slopes to the west toward Dodd Road, with elevations ranging from approximately 895 at the Eagan/ Inver Grove Heights border to 887 at Dodd Road. A portion of the proposed grading for the development is shown on adjacent properties to the north and south. The developer should be responsible for obtaining easements from these properties allowing for this grading. Storm Drainage -The preliminary storm drainage plan is acceptable with modifications. Storm water runoff from the entire development will drain via public storm sewer and ponding to existing stone sewer within Eagan. A portion of a proposed pond area lies within Dodd Road right-of--way. The developer should be responsible for construction of this storm water pond entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. Utilities -The preliminary utility plan is acceptable with modifications. The developer is proposing to extend City of Eagan sanitary sewer and water main to the portion of the development within Inver Grove Heights, in accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights. Sanitary sewer of sufficient size, depth and capacity is available for connection and extension in the northwest corner of the site within Dodd Road right-of--way. The developer should be responsible for the extension of 12-inch diameter trunk water main through the property within Inver Grove Heights, in accordance with the Eagan Water Supply & Distribution Plan (1996). The developer should also be responsible for the connection of the lateral water main within Eagan to the trunk water main within Inver Grove Heights. Streets/ Access/ Circulation -Public street access for the entire development is proposed via a private street connection to Dodd Road. With a single access point, the private streets within the development create adead-end street of approximately 800 feet in length, for which a Variance to the maximum cul-de-sac length is required. The developer should be responsible for the revisions to the existing pavement markings on Dodd Road to accommodate the private street intersection. The preliminary site plan shows the width of the private streets at 25 feet. City code requires a 28-foot width to serve the number of proposed units. The private streets within the development should be constructed to a minimum width of 28 feet (face-to-face of curb). Easements/ Permits/ Right-of-Way -The preliminary plat submitted shows the incorporation of a portion of the Dodd Road right-of--way into the development. The developer should be responsible for petitioning the City for the vacation of this portion of the right-of--way of Dodd Road. If approved by the City Council, the vacated right-of--way will be incorporated into the final plat for the subdivision. 76 Planning Report -Eagan Grove September 23, 2003 Page 6 Wetlands/Water Quality -This 5.95-acre development as proposed along the Eagan/Inver Grove Heights border is predominantly in the City of Eagan G-drainage district. This is consistent with the 1990 Stormwater Management Plan and it essentially means that this entire development is subject to City of Eagan water quality requirements. Most of the stormwater runoff that leaves the site is proposed to drain northerly and theoretically will eventually reach Bur Oaks Pond - primarily a Class II-Indirect Contact Recreation waterbody -after going through a series of existing treatment ponds. To meet Eagan water quality requirements, the developer proposes to direct 64.3% of the runoff to on-site treatment ponds that will be constructed. Untreated stormwater from 24.9% of the site is proposed to drain off-site to Eagan. Untreated stormwater from 10.8% of the site is proposed to drain off-site to Inver Grove Heights. The required volume and area of water quality treatment ponds are based on the impervious proportion of proposed developments. This development proposes one treatment pond for each of four sub-drainage areas. A cash dedication in lieu of ponding would be required for untreated stormwater runoff from 1.6 acres of the development. There are no wetlands associated with this parcel. Landscaping -The preliminary landscape plan shows two trees in the front of each lot -- one shade tree and one ornamental tree. Evergreen trees are proposed on the north and south perimeter of the site to buffer the development from existing residences, and also as a buffer along Dodd Road. Each building is proposed to have foundation plantings at the entrance consisting of both evergreen and deciduous shrubs. All plant materials should meet the minimum specifications of the City's landscape ordinance (in particular shade trees must be a minimum of 2-1/2" diameter), and all landscaped areas should be served with automatic irrigation. All landscaping maintenance should be the responsibility of the homeowners' association. The Preliminary Landscape Plan shows an earlier version of the base site plan. The Final Landscape Plan should incorporate the revised and approved Site Plan. Tree Preservation -There are no tree preservation issues with this development. Parks and Recreation -This proposal will be subject to a cash parks dedication and a cash trails dedication, payable at the time of final plat at the rates then in effect. The 2003 fees are $1,476 per unit for parks and $192 per unit for trails. In accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights, park fees shall be paid to Eagan for the units in Inver Grove Heights, prior to Inver Grove Heights' release of the plat for recording. ~7 Planning Report -Eagan Crrove September 23, 2003 Page 7 Joint Powers Agreement -The provisions of the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights apply to this development, including but not limited to, payment of park dedication fees to Eagan for units in Inver Grove Heights, Eagan approval of the development plans for Inver Grove Heights for connection and use of Eagan streets and utility services, Inver Grove Heights payment to Eagan of any relevant fees and connection charges, and extension of a trunk water main through the property within Inver Grove Heights. Rezoning/Prelinvnary Planned Development: Term -Staff recommends afive-year term for this Preliminary Planned Development. Setbacks - A minimum setback of 40 feet is required from Dodd Road. Single-family and twin homes typically require side yard setbacks of 10 feet between the house and the properly line, or five feet between the garage and the side property line. Since the development has only one access, a front yard setback of 20 feet is required from the private street (measured from the back of curb). However, the plans propose a 25-foot setback, which is preferred and would be required for a through private street. The site plan appears to satisfy the front and side yard setbacks. The site plan shows the buildings set back 25 feet from the curb line, and 10 feet from the side property lines. Lots 1-4 provide 20 feet between the buildings, and Lots 5-9 provide 25 feet between buildings. The dimensions of the side yard setbacks should be shown on the Final Site Plan. The standard side yard setback of 10 feet for living space and 5 feet for garages should apply to Lots 1-9, Block 1. Single-family and twin-homes are typically required to maintain a rear yard setback of 15 feet and the applicant is proposing 15 feet between the individual lots and the perimeter of the site. The site plan shows the buildings with a rear yard setback of 30 feet from the perimeter of the site. Additions such as decks or porches could be accommodated within each individual lot, provided the 15-foot setback is maintained. Also, in the Streets/Access/Circulation section of this report, it is mentioned that the private street must be constructed to a 28-foot width rather than a 25-foot width. While doing so may reduce the front and/or rear yard setback of the structures, staff suggests maintaining a minimum front yard setback of 25 feet. Construction of decks and porches on the rear elevations should still be able to be accommodated within the individual lots while maintaining the minimum 15- foot rear yard setback. Parking -Three-stall garages are provided for each unit in Eagan. The proposed 25-foot setback from the curb should provide adequate depth for additional off-street parking on the driveways in front of the garages. The City Code limits residential driveway width at the property line, or in this case at the curb line, to 22 feet. The plan should be revised for the Final Planned Development to meet this standard. ~~ Planning Report -Eagan Grove September 23, 2003 Page 8 Additional off-street visitor parking is provided throughout the development, with six stalls being located in Eagan. Throughout the entire development, 20 visitor parking stalls aze provided in addition to the driveway parking. Building Elevations -The proposed buildings are "single-level with approximately 2400 sq. ft. on the main level, full basements and attached garages." The building plans do show decks on the reaz elevation, and the plans show a lookout design. Additional trim work appears on the side and reaz elevations to add visual interest. While specific materials and colors were not indicated, the plans appeaz to provide for both siding and shakes, with brick accents on the front elevation. The elevation plans should be revised for the Final Planned Development to identify specific exterior materials and colors to be utilized. At least two color schemes should be utilized throughout the development. Recreation Space -The zoning ordinance requires that each multiple dwelling complex provide recreational space on site. At least 200 sq. ft. per unit must bereserved asrecreation/open space. While the plans do not show a designated recreation azea, the Eagan portion of the development does provide over 12,000 square feet of land area per unit, which exceeds the amount required for asingle-family development. In the Inver Grove Heights portion of the development, a total of 16 units aze proposed on 3.4 acres, providing 9,264 sq. ft. of land azea per unit. Site Li sting - A Site Lighting Plan will be required with the application for Final Planned Development. SUMMARY/CONCLUSION Mendota Homes is requesting approval of a Rezoning and Preliminary Planned Development and a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de- sac length, for construction of nine detached townhome units upon 2.55 acres. The Planned Development zoning is necessary to accommodate the lots without public street frontage, private streets and deviations from bulk standards. The proposal largely satisfies typical City Code standards for single-family and twin homes. Some minor modifications and additional information are requested in the Final Plans -increase the private street width from 25' to 28', adjust driveway widths to a maximum of 22 feet, provide all setback dimensions on the Final Site Plan, provide exterior building materials and colors on the Final Elevation Plans, and incorporate the approved site plan into the Final Landscape Plan. '~ 9 Planning Report -Eagan Grove September 23, 2003 Page 9 ACTION TO BE CONSIDERED To recommend approval of Rezoning and Preliminary Planned Development for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE 1/4 of Section 24. If approved, the following conditions should apply: The applicant and/or developer shall enter into a Preliminary Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits aze required for the Preliminary Planned Development Agreement: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscape Plan • Preliminary Site Lighting Plan 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City, to be recorded with the County Recorder's office. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations Plan • Final Landscape Plan • Final Site Lighting Plan 3. The property shall receive final subdivision/plat approval prior to building permit issuance. 4. The term of this Planned Development shall be five years. 5. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 6. Building setbacks on the perimeter of the site shall not be less than 40 feet from Dodd Road, 25 feet from the private street, and 15 feet from adjacent property to the north and south. Minimum side yard setbacks shall be 10 feet for the house and 5 feet for the garage. The dimensions of all setbacks shall be shown on the Final Site Plan. 7. As required by City Code, driveways shall not be more than 22 feet wide at the curb line. The driveway width should be revised to comply with this standard on the Final Site Plan. 8. The Final Building Elevation plans shall identify specific exterior materials and colors to be utilized. At least two color schemes shall be used throughout the development. ~o Planning Report -Eagan Grove September 23, 2003 Paee 10 9. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 10. Maintenance of the landscaping shall be the responsibility of the development's townhome association. To recommend approval of a Preliminary Subdivision (Eagan Grove), including a Variance to the maximum cul-de-sac length, to create ten lots for construction of nine detached townhome units upon 2.55 acres located east of Dodd Road and south of Wescott Road in the NE'/< of Section 24. If approved, the following conditions should apply: Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, B3, B4, C1, C2, C4, D1 and E1 2. The property shall be platted. 3. The developer shall be responsible for preparing and recording, with the subdivision, appropriate documents establishing a townhome association. The documents shall be submitted and approved by the City Attorney's office prior to final subdivision approval. Transfers of common areas to the townhome association shall be recorded with the subdivision. 4. The developer shall be responsible for obtaining easements from adjacent properties allowing for grading off-site. 5. The developer shall be responsible for construction of the proposed storm water pond within Eagan entirely within the development boundaries to accommodate the development's storm water runoff quality and rate control. 6. The developer shall be responsible for the extension of 12-inch diameter trunk water main through the property within Inver Grove Heights, in accordance with the Eagan Water Supply & Distribution Plan (1996). 7. The developer shall connect the proposed lateral water main within Eagan to the trunk water main along Highway 149 within Inver Grove Heights, in accordance with City engineering standards. 8. The developer shall be responsible for the revisions to the existing pavement markings on Dodd Road to accommodate the private street intersection. 8'/ Planning Report -Eagan Crtove September 23, 2003 Page 11 9. The private streets within the development shall be constructed to a minimum width of 28 feet (face-to-face of curb). 10. The developer shall be responsible for petitioning the City to vacate the portion of the right- of-way of Dodd Road proposed to be incorporated into the final plat. If approved, the right- of-way shall be vacated prior to the final subdivision/ plat of this development. 11. This development shall construct four ponds to treat stormwater from 4.1 acres of the site. The ponds shall have minimum wet-pond volumes and areas according to stormwater runoff and storage models that are to acceptable to the City. The treatment ponds shall be constructed according to NURP standards with a maximum depth of 6 feet and a 10:1 aquatic bench from normal water levels. 12. In lieu of ponding to treat stormwater runoff from 1.6 acres, a cash dedication shall be required. The amount is to be determined by the City Water Resources Coordinator, and is payable at the time of final plat. 13. The Final Landscape Plan shall be revised to reflect the revised and approved base site plan. All plant materials shall meet the minimum specifications of the City's landscape ordinance, and all landscaped areas shall be served with automatic irrigation. 14. Maintenance of the landscaping shall be the responsibility of the development's townhome association. 15. This proposal shall be subject to a cash parks dedication and cash trails dedication, payable at the time of fmal plat at the rates then in effect. 16. In accordance with the Joint Powers Agreement between the cities of Eagan and Inver Grove Heights, park fees shall be paid to Eagan for the units in Inver Grove Heights, prior to Inver Grove Heights' release of the plat for recording. ~a STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 8. Easements and Rights-of-Wav 'I. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of--way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation p{us three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ~3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the development Contract and shalt not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shah be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: Jufy 10, 1990 Revised: February 2, 1993 ~rs~s STANOARO.CON FINANCIAL OBLIGATION-Eagan Grove Addition- Preliminary Subdivision There are pay-off balances of special assessments totaling $9,549on the parcels proposed for Subdivisionting. The pay-off balance will be allocated to the lots created by the Subdivision. At this time, there aze no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final Subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following chazges are .proposed. The charges aze computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. City of Eagan Property IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk M.F. $975/Lot 9 Lots $8,775 Storm Sewer Lateral M.F. $29.20/F.F. 293 F.F. 8,556 Water Lateral M.F. 6.30/F.F. 293 F.F. 1,846 Total $19,177 City of Inver Grove Property IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk M.F. $975/L,ot 16 Lots $15,600 Water Trunk M.F. 1,015/Lot 16 Lots 16,240 Storm Sewer Trunk M.F. .11562/Sq. Ft. 148,224Sq. Ft. 17,138 Total $48,978 Grand Total $68,155 8s ~ Eagan Boundsry Location Map ~ str..t~aet.~'M Parch Ana ,! Batlding FoetprlM DevelopmentlDeveloper•. Eagan Grove Townhomes Application: Rezoning, Preliminary Subdivision, and Preliminary PD Case No.: 24-iZZ- - S-15-08-03, 24-PD-03-08-03 nt or Vbw 7.1. Parul Ww nrP daV povidod / only CAko d G19 and H eumnt as of Juno 2007. ~ TNIS MAP IS INTENDED FOR REFERENCE USE ONLY city oi: eagan Tho Clty eT Eagan and Dakota County do not puanMOO tho accuney of this IMorenaUon and aro co,,,ew,ny p-wlep,mnt ww.en..a not napenslbU for or-ors or omlaoleno. N ~y~ E '~rS`_ 1000 D 1000 2000 Faet Mendota Homes, Inc. Current Zoning and Comprehensive Guide Plan Case No. 24-RZ-12-08-03 Land Use Map 24-PS-15-08-05 24-PD-03-08-03 Zoning Map 41 rD LOCatI On Current Zoning: It, R-1 Single-Family Residential ~ ~ t00 0 000 1200 F.-t i • ~ ~~l /` ^C Comprehensive Guide Plan Land Use Map ,nD IMO Location I Current Land Use Designation: LD Low Density Residential .~ ~ `~ r 000 O i00 1200 F..t ~f ~ ~ /r/\~1 ^/ ` Persil mnp In/etmeflon y Dtdtotn County l.nndfurvey Deyerbnett June 2003. N City of Eagan Z~ 61n/ermetlon mnintalnod byCltyftafL W E THIS MAP IS INTENDED FOR R~ERENCE USE ONLY Community Development Department The Ctty of Eagan and Dakota County do not guarantee the accuracy of this information. S I ~ 1 y~. f, `, I U1 I I o * I t7 I I ~•,~ ~ e t` ~ ~ i I 1j~~~J ~, ~- I ~ ~ I ..: I ! • ~I -------~ ~ ~ ; ~4`. ~ •' LIDO" 7•-- ' '1`` y i ~ ~ Il 2 ~ it ~1 1 S` S~ '~ I • ~~I {~ I - ~.I I" ' ... ...i~ ?gyp e3 \` ' `,\ x ;~;'! i._' _;o- ----~~_~' '~ per, ,~ ,\ 1. ` •, . I . .. _ ~ .. ~, ~ ' N.. ±L•-it-•~"^ _' -, I _ ~l . aa` ~` ~m I ~ ~ i• ~ . ~~~~- „~~~,~ -. ,. a•t ~~~~~' ~ , si ;~ ~ . • b I A ~ -- `,aa i - ~~~ '~ Oa~~ 6~ ~ i~ I i I .[-_________.____-- 1 \'r0 S ~ \'~O ,~ _~~ ~ ~ ~~~ ~ L Y; ~z, ,1 ;. v ~ ~ I i~ . !! I !! ,' .. !~ • I~+c1 i.M a..• ~ = ~~'~it~'~11~`.i ,R ~~r EXISTING CONDITIONS ~g ~' ~~ ~~ ° ,~-~ ~ m to cn ~ Z n O A ® DODD ROAD DEVELOPMENT J, 6URVEV C CJ.NI I~ Iuti~:Ll::l tJ n/~: EAOAN ANO /r ~ Larson ~~ w.o w.wlvc.at+ Eny1tl++rln~JJt MMnno1+ J N+J) s•-saor INVER GROVE HEIGHTS, MINNESOTA yt, ~~ • l © MENDOTA HOMES. INC. N. .r fJ~~o 1°'~ ~• °~ t VI .fl ~.~.iM NI N~ ~.~ tto~ `Itl+tA15[N. K ~~ Gr110~ ~ Rllr J o° E E q a~ 0 ~~ z~ ~~ a~ aW lb'ld 'Wl~~dd ~s~ ~! : # ~~ ~'~ ~~ _ ~ ~~r~ ~ a ~~ ~~~ ~~~~i, ~;~~ ~>~ ~~ ~ ~ ~ ~ ~ ~ ~ R s ~~ 7 ~~i ~~~r~~i~~ ~~~~~~i~~ ~~ ~~~/ is .' ~`' ~ ~~ ~~ J~~ ~~ ~ ~' i ~4y/ ~ 5~'' ~~ ~.. ~~(\ °~ .~ ~ /~ ~/ ~ ~ ~C ~ . o . o ~~ ~ ~.>c~ !~ ~' ~~, ~o n a ~ w~ -- ~ °I ~ n ` ~ ~ ~ \ 4 ~ ~ a w e G C 4 ~ _ ~ o ~ I ~ ~ A ~ Y ~ \!x ~ ~ I e y a \ ~ I \ \ "~ ~ `I I ~ ~ ~ ` I e -j ~ ~ c U ~ ~- - e ~ C ~ ~ ~ ~ ' n x ;: ~ ~~g~¢ iA ~~~~~#~ C S ~ g~g _§ , F 1 ~ x ~' ` ~ ~, ~~r ~~g •~ ~~~~~~~ ~ I I ~~ ~ ~ I I I `~QQalo ~• \\~ li~ 't~ ~~~ ~' ~ ~~~~ ~ ~'i' t ~~; ~ z ~~ ~~ ~~ C R~ 3t i ~~ i~ Iis~ i ~j~ ~l~i C`~ C- ~~-_ O O E a 0 ~~ W a~ a J Nb~ld ~lIS ~ ~ ° ~ Q~ . ~~0 1 1~ i • e•op.s/erei ~~ .'i~ ~ 1t~* ~ ~ ~ ~ ~ ~! t~~s ~~a~R Y ~ ~i y! '~ ~~ i ~~~i~~i li~~d~~~ 6~~1C~A _~ 1 ~~_~' , ~,~ ~ ~ ~~` , / ~~ / e~ w • ~• i~ / J`i~ ~ s j/ ~ ~ I. .' ~ .~ Y i~ ,~ ~~ i ~~ . i ~. N ~~ 0 -~- ~ y N i 4 a r ~~ U C C ~ ~A ~ .~ n x f ~R i i~~~C 9~ ~~~~~~.~ t ~ ~ ~ 4 a ~ 4 •~ < x ~~~_ ~ b ~~ °g888Ys ~~~~~~~ _~~~~, ., ., ..,. . , ., 't~ ~tl { ~~ i~ ~i ~~3+ ~'i_i' ! ~IIi 1 Z ~ ~~' ~ [~ R~ ~~~ E` 't~ ~~ ~~i c. :.: << ...; ., 1' ~' ~;il ~i~~ ~t ~•~ •• ~` ,~,~ ` ~~`. '~ ~~'' r~fli.~4 ,I Ep ~_ °~ a~i Ilir W{ ~r' ej W l' ,i. I f i III :~ . I ~ 1. i fl,~; I' II 'r' II., ..i .~ I• ~ 1 ~fl~ 1 ~~i~~l r ~. ,,, 'q. ,I r.,.~ ~. ; !• i _. ~ 1. ~, tV~ i ^ ~ `,r=,rJ P 1 ' _ ~ i i ~ pL+, ~ i ~ `~" ~~ ' "~o - - ' 1 ' ' '.gyp _ i , ~ e ,- . .. i' . 1 ..~ ~ ,. ~ i~' ~ t 1 . \. i` ,, , __ ~ 1 i ~, ~ A ~ '~ \ \ -- - - a. ' • ': ` ~ ~ .`~ .~ 1 I r ~ l i i I ii 1 I I ` ' ~ ' ~ ~' CA I _.~ ~ . Goo ~ i ~~ .O ~p i yG ', ` ~ O' iEt d ~,,.I ~~' i ~~}~ ., t r •/' j / t NC Ji t f ~•,G~w ~, 1 .. 1 / ~~ ~ i \~ c~{, ~i i 3~C chi -~ `~ ! ~.- ` _ , ~~~~` „tip ~ ~,e-. .~ ,may o .. . .a0 /'Vi .i// '~! ! ~~ ~ `~ ~~acl:.n a ... ~~ a 7 III!JIlI!!!!!!!!!'~ a~ ~~l~~iE ~°~` II+ 9'~~! PRELIM. GRADING GOOD ROAD DEVELOPMENT i / ~ _ IIIr EAOAN AND /V. ~ Larson _ INVER 6NOVE NEIGHTI, YIHNEBOTA - _ _ Enp;~a/Inq of Yinnawta ~yw.,y;. o - ~' _ MENOOTA NONES, INC. ,.,,.~ 1, :' „ ' , .. ~ I ^ •~ 1 y_ ir• ,- /. -. ~ .~ r i ~ i i ~ y ` ~ n ~ ~ ~ ~ ' O ~ ' i ~''-~ __ !~ S5~l~ •c 99 ~~~~~ ~~~~r< `~`~i 99 ;~~~~ ~~~~~ ~5`~e 99 E ~~~:~~ a ~5~5eg F~xP! ~'a~~ G9 e 9 i ~ _.. ,.., ___ ~ ~ rtt. c rah G ~. ~ /~ O ~ ' y• :. ~~ a ~, aaaii • ~ ~~aaeaiaa as 3 ,f- ~ -- ---~~:j~ ~ ~;~ a~atC aa~ie5;ui6iG ~ r~ - ~~ Hof ,~~ ~: \~ I ~. p~ Ra ~ \ ~~ i - ~ B3 -` ~-~, ~ \ i ( r ' - wax ~- ~ ' ,~ ' `` rod ~ , .. ~ .t r ene ~ C-`..- .. _.. Y-xrb i ~. ~ i I O' t \ --- f7 ~' ~ ` ~ . ' ~ ~ - - ...x. N 5' ~ ' '~ d ~ ~ - evx CJ I ~ \ _m+¢ inc .~ '~. rj ~ der e x .. _ .. -.... r .; . rPo ~ ~ _ i I ~ a yo I .... .. _ ~ I 1~ n '~ r y -~-~.. ------'-~ 9 .. .. ~_ _... I- ~-. - --- - ' T~~ ~'~ `. J wl ~lµ jail ~'•i~ 11,E ;! yw ~~ ' .~ >' ' : ' ~1 ~~ ys ~5y~~~`'~ ~~~~ ~, oao .; ~ ~I.3 i ~' ; E o G ,~ l v S , ~ ~ / / ~ // .. ~ ~ f~ ' r ~ j e. ' ~ ; ~ I,.~,...e. i ~; ! , ~'~.~' lllt!! !!~ ~ i (ti I~I~~i~` ~~~ ~ ~~ ~-;~.~'-- ~ e 1 f! ~ e t f ~ ~ j ' a~ p ~ PRELIM. UTILITIES DODO ROAD DEVELOPMENT lAOAN AND , IITI ~ Larson :.:.~= :W r'+ INYER GROVE NEIONTl, MINNESOTA / ~ / IneeM sl MlMweeu Exxi E .:.~'a r n.e ea ~~ ~ ~ r~-1 MENDOTA MO4El, INC. ~fx; ~ '°,~ sa„e i i rf s / .~ ~ x II ~ I~ I -x T • N..x..:.. l .s, M, ~~xe l r JK_ -!- `r`!pp - zz lir °!•E ~~~^!7r! RI i~ ~~~~,~~~el:~g° g [_.sa[I! ~~~~~~ c~~~trr ~ *~ ~~ ~~ ~~:~~1~ ~ i~ 9 E a j~~` p.p j . C j a ~r / ,le _ } ~ ~~ 3 e~! o .I r h` _ ~ ~ ~ h I a h ~. v .~ I N y` c r-1 I h ~ I ' h . P - c ~ I ~' . \ ~ .ctp Y ..y ,~ ~n - •- , ti .3• ,'. •' / 1 N ~ -~ i g 7 ~-~ /~ r YA-~ ~• __~ / ~ / ,.-1 .1 E E / ~ ~S F y h h , - ~ I ~'~ i ~~ ~ I yY / ¢ •. ~c~ n ~ •;.hll 3 I a / ~ 1 _* i 11 ~ I / 1.31! OS9K 1.1[Y ^I J r ~ i i~ ,a i ~~ s ~3,~'s ~~ I ~~ ~ d ~ Ac i 4 ,+ ~~ ,' 4~ _ o ~4~ ~~ 14~G 4,~0 J ~: z~ ti iC4' /' 4A ~ J . ~ ~~ ~~, ,~ d ; °°-~ 3 ~ I a, [~] I LL ~\ ^ I 1~ ` ~ W I ~ ^\ ~ I e ~ I ~~ ~ I~ i ~' ~ ~ , a y~~ P6~~ 0 s.;.~ . ~, ~ a,, a; % ;~ a `~ Pp~ E ;~ ~ ~~ .~~P~_ 1 ~ ,' ~ 1 ~ (. „~ ' ;.; ~l ~. ~,~ ,: i.i . j r'. ~ ~. B - _ t F~ ~~~ ~~ ~Ji~. I ~ ~ Q i' ~" :. a u; z 1'; m~~: ' ~a . ~ ~ ~ ` ~ n ~ f ,. I 4 r': 9 4 ~: r ~. i~a , ~I ~~ ;~ ~I! 5i I'' ~ . k• ~I~~ f f r: I I:: I: c~ ~ ~ ~ I. •- \ ~ U 1= u \~ \\ I~ ~ ~ I~ ~ \ \ \ ~ ~; r ~ ~ ,_ \ ~~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ I \ \ •_~ d \ \ ~ \ ~ \\I ~9 \\ ~ ~' . QA' \'.\ \ \ ~ `~ 'Y Q ~ ~ ~ I ~~ ~ \ ~ \ ~ OJ . ~ ~ ~ ~ \ \ \ \ ~ i \\ ' . ~ U ~.~N r ~ FF++11 E + S ` y.~ i ~~ s ~ - :'~: ' \ \ 1, -- • ~ ~~ \\ ~ .$ ~i\ s \ a Py . O \ \ \ i\ .~ Pry ~ \ x -- --` ti. v ~ ~ v~\ i 4.. ~ f~ `Wf' \ fy \ I ~ I i \\`: ~ al r------___ E I _ ~~ I a ~ ~~ ~ 1 ~~\ 4 v 4 , ~I ~ of --- ~-~-- ~. I I o \ O -. I \ hl I r--~ :a i_ui~, J <I 1? •t y a' s%- `~'•" t I ~ ®~ ~ ~~ !1 4 ~ LL~ .-y ~ / ~s3: ~,~~ ~~ ii ~~ ~~ ~ild ~~ \\ 8Y^ U ~ z ~~„ ,~• ~ =gin w ~n ~3 ~ WI m ~ ~ ~ N o ~ ~~ ~ c~ 1 S~ ~ ~ ~ a W ___- - W>- _____ ---=~ . -! .. ~ ~,. t ~ '~ ~ '---_ . - _ ~ ~ ~ ~a1 h ~e ~ _ ~ ~2; ~5~ _-- ti A T ` . J 1 ~ h : 1 ~ :,.a~' ~~ .. ~~ = _ _, _ _ ~ - - Tj_ ~ ~ _ ~ ~ B & 8 ~~~ 3~F8 \ \ \ \ ~\ 4 Z ~ O , a ~-, t,, =~= =~ a w f ~~.. ~~_ D EAGAN /INVER GROVE HEIGHTSTOWNHOMES XXXX EAGAN !INVER GROVE HEIGHTS, MN. MENDOTA HOMES, INC. •W~•• ~• ~. i i i ~ '1 >~ iii _'~.~_.. --::~,, . . '1 ~~ 1 ~. ' ~ , y'I~' ~.~l.i.~~_ ~ ~';il ;~ f: ll.:.~_L.___~ 1•:i~~r~• i L~ ;, ..... I.. ~~:~l'll .:,_- -- - r_ , _. ,. ELEVATIONS bv~ ARCHITECT tlxl,l:E l' lulat,l ,Ja~,xlta.l • ,aw a ,..,, .• k+.,1~ I= J .~ ~r ~~ i f ~r 1~ r~ ~~ :";'1 r, _~ ., I i i ~:•~ I a y I' ~ I; FLOOR PLAN -- --- 1 ~ Y --- - -- D EAGAN /INVER GROVE HEIGHTSTOWNHOMES xxxx EAGAN /INVER GROVE HEIGHTS, MN. MENDOTA HOMES, INC. .uGYli,k. ]YY, ~4' i/ V~ ARCHITECT tlF~a(;EV T1M•ftl YICIMik~t ,af lx•Ula 1•t•.:•.li IaV•1•t ~c.t• .,-f ...~ MENDOTA xOMES 1NC. August 20, 2003 City of Eagan Planning Department Pam Dudziak 3830 Pilot Knob Road ~ ' Eagan, MN 55122 . ,. _~ Dear Ms. Dudziak, P.O. Box 416 Forest Lake,lvIIV 55025 Roseville (651)604-0967 Fax (651)604-0972 Forest Lake (651) 464-9055 Fax (651)464-9056 r;, This letter accompanies Mendota Homes' application for Rezoning, Preliminary Subdivision, and Preliminary Planned Development for the property at 3790 Dodd Road in Eagan. The site at 3790 Dodd Road is divided into three parcels, two of which Mendota Homes seeks to develop for residential housing (Parcels A and C on the attached site plan). This site presents unique development challenges in that a portion of the site lies in Eagan and a portion lies in Inver Grove Heights. The Inver Grove Heights portion is identified as Parcel C on the attached plans and consists of 148,224 square feet. Applications for rezoning and comprehensive plan amendment have been made for the Inver Grove Heights pazcel. Preliminary plat and conditionai use applications will follow shortly. The Eagan parcel, identified as Parcel A, consists of 111,015 square feet, or 2.55 acres. It is presently zoned R-1, single family. The Eagan comprehensive plan designates this parcel as low density residential. The Eagan parcei is primarily vacant, with a gravel driveway area neaz the east boundary. Surrounding land uses include single family residential to the south, west, and north, with the Inver Grove Heights parcel to the east. The Inver Grove Heights parcel is presently covered with gravel and home to three vacant buildings. Mendota Homes' development proposal for the Eagan parcel includes construction of nine individual residentia! units to be part of a planned development including seven twinhomes on the Inver Grove Heights parcel. All homes in Eagan and Inver Grove Heights will be association-maintained and platted as townhomes with individual Lots for each residential unit and common lots for all other areas. Private, association-maintained roadways will allow access to each unit. Nine units on a parcel of 2.55 acres results in density of less than four units per acre, consistent with Eagan's current requirements for this site. The entire development, including both the Eagan and Inver Grove Heights parcels, would be completed in one phase. 9~ ,,. L.1r..' .- .. _ _. As the attached architectural plans illustrate, the proposed units will be single-level with approximately 2400 square feet on the main level, full basements, and attached garages. Plans for the Inver Grove Heights twinhomes also include single-level construction with full basements, maintaining consistent design throughout the development. The nature of the property at 3790 Dodd Road -located in two separate cities - necessitates rezoning from R-1 to Planned Development to allow consistency between the portions of the development in Eagan and the portions in Inver Grove Heights. Moreover, development of the entire site requires private roadways and common areas spanning two jurisdictions. Planned Development better allows for accommodation of these unique planning circumstances. Rezoning the property to Planned Development will have little impact on surrounding land uses. The property is guided for residential development. The completed development will include single residences maintained by a homeowners' association. The overall density of the development will not deviate from Eagan's present guidelines. Thus, no negative impact on City services would result. Presently, the R-1 zoning classification does not allow for effective use of the Eagan parcel and the Inver Grove Heights parcel concurrently. A Planned Development classification for this parcel would result in a better, more consistent use of the overall site, accounting for multiple jurisdictions, land-use requirements, and private streets and common areas. Thank you for your consideration. Sincerely, r Erin Mathern for Mendota Homes, Inc. 9~,z, •~ i*~ ~i = ~ f~t~ ~_ ~ i y ~ d :~ ~ ~' r ~j~~ ~' ~ F ~~ ~~~i'~ ~ ~ ~~~~~f ~ ff~~~e~ $~ ~~ • e~~E e~ iE ~$ ~ ~~iEl~ €~~L~~~ b~~~l~~~ z o~ Fa a~ a ~~ rar~ V W ~ x~ a m m m€ us O z ~. c c z ~~ O F- eo as ~ Y m mZ' .~~ O w '~~ a~ ~~ z a ~// '/ ~' ~ • ~' t ~ r ~ i .~,-~~ - ~. Yom, j4~~ / ..•::.w. i. •...~~•~~ ~~~~~ Y ~ ~i ~~~\ i \ a-. 0 F m m c~,.~a C t~ c ~~ ~ ,~ o x ~_p~ ~ `ty g ~~g ~t ~~~~~s D r6 C m R~ C C °s ~' $~ < x ~' ° ~ ~~~~~ ~~~~~~~ ~~ • e • o ~K!]!C1 i~ ~1 ` `` _Q -~- ~ N a r NF Z U \ ~ i "' ~ 'k ~ -'~ • ,~ ~ s ~ o .~ ~~ ~. .~ -d ~ 1 I\~ ..~ \\ ~ ~ ~ s z ~ ~ •~ -~a 1 ~iuii ~ Q .~ .~ .~ "~ i ~~ ~~~ f tF~? ~ ~~, ~'~~ r ~~, ~ ~~= ~~~~~~ a~~ ~~ ~• b<t.,•~ ~' ~~Q~ i~l~ ~t~e /3~ AGENDA CITY OF EAGAN SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 21, 2003 I. CALL TO ORDER II. ADOPT AGENDA /0'0 III. APPROVE MINUTES '~~ IV. OLD BUSINESS p A. Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation V. NEW BUSINESS VI. OTHER BUSINESS VII. ADJOURNMENT 99 Agenda Information Memo October 21, 2003 Eagan Economic Development Authority Meeting III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the October 7, 2003 regular EDA meeting as presented or modified. ATTACHMENTS: Enclosed on page/4!%2 is a copy of the minutes of the October 7, 2003 regular EDA meeting. Enclosed on page -~ is a copy of the resolution approving the minutes of the August 7, 2003 regular EDA meeting. /~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 7, 2003 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 7, 2003 at 8:45 p.m. at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike Dougherty, Administrative Secretary /Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the September 16, 2003 regular EDA meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TIF DISTRICT NO.1 FOR NICOLS RIDGE/U.S. HOME CORPORATION Commissioner Maguire moved, Commissioner Tilley seconded a motion to continue consideration of a Resolution Approving Amended and Restated Development Agreement Relating to Tax Increment Financing District No 1 Between the Eagan Economic Development Authority and U.S. Home Corporation to the October 21, 2003 EDA meeting. Aye: 5 Nay: 0 NEW BUSINESS PURCHASE AGREEMENT FOR ACQUISITION OF DARCOM PROPERTY AT 2815 DODD ROAD, ASSIGNMENT OF DEVELOPMENT RIGHTS TO GRAND OAK CR LLC AND SALE OF PROPERTY TO GRAND OAK CR LLC Community Development Director Hohenstein discussed a purchase agreement for the Darcom Partnership property located at 2815 Dodd Road. The property is located in the Northeast Eagan Redevelopment Area, which is located in TIF District #2-4. He indicated that the property is proposed to be acquired to permit its sale to a developer who will redevelop it in a manner consistent with other properties in the Grand Oak Business Park. He further indicated that the developer, Interstate Partners, had formed a new partnership named Grand Oak CR, to whom the developer is requesting an assignment of acquisition and development rights. /o/ Commissioner Carlson moved, Commissioner Maguire seconded a motion to adopt a resolution approving the assignment of the Interstate Partners LLC Development Agreement and Acquisition Agreement related to the redevelopment area to Grand Oak CR LLC. Aye: 5 Nay: 0 Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to authorize the purchase of the Darcom properly at 2815 Dodd Road, including associated relocation agreements and stipulations. Aye: 5 Nay: 0 Commissioner Carlson moved, Commissioner Tilley seconded a motion to adopt a resolution to authorize the sale of the Darcom property to Grand Oak CR LLC. Aye: 5 Nay: 0 OTHER BUSINESS Commissioner Fields moved, Commissioner Tilley seconded a motion to schedule a Special Economic Development Authority meeting for October 21, 2003. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:55 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. /Od2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE OCTOBER 7, 2003 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the Octobter 7, 2003 regular 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 21Stday of October, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /D3 Agenda Information Memo October 21, 2003 Eagan Economic Development Authority Meeting IV. OLD 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 approve modifications of the architecture and finishes, phasing and performance timelines for the Nicols Ridge Housing Project. To continue adoption of a Resolution Approving The Amended and Restated Development Agreement Relating to Tax Increment Financing District No.1 Between the Eagan Economic Development Authority and U.S. Home Corporation. FACTS: • At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. • In addition to the assignment of the development rights and obligations, U.S. Home Corporation is requesting changes to the Development Agreement that presented at a Special City Council meeting on September 9, 2003. • These modifications include a modification of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. • At its meeting of September 16, 2003, the Economic Development Authority reviewed these requests. No significant concerns were voiced regarding the phasing, performance timeline or general architectural changes. The EDA did discuss the proposed finish materials and directed the developer to reconsider the use of a substantial amount of stucco or a finish palate that reflected the Cedar Grove District finish materials standards. /d Agenda Information Memo Page 2 October 21, 2003 Eagan Economic Development Authority Meeting Old Business • U.S. Home has submitted revised elevations of the condominium and row townhome buildings that incorporate some stucco on the condominium units and a combination of some stucco and brick on the townhome units, with the remainder of both buildings to be finished in Hardiplank, a durable, cement-based lap siding guaranteed for fifty years. • The CGD standards call for all sides of a building to be treated as a front and the following percentages of finishes: • At least 60% brick, stone of glass. • No more than 30% decorative block or integrally colored stucco, with the qualification that synthetic stucco may be permitted on upper floors only. No more than 10% accent materials including door and window frames, lintels, cornices and other minor elements, with may be wood or metal if appropriately integrated into the overall building design. • The U.S. Home proposal's finish breakdown is as follows: Condo's: Block and Stucco 25 Window and Doors 25% Siding 50% Row Homes: Brick and Stucco 25% Windows and doors 25% Siding 50% ISSUES: It will be necessary for the EDA to determine whether the proposed finish materials and revisions of the original Nicols Ridge approvals are acceptable. U.S. Home has requested that certain issues and costs associated with acquisitions for subsequent phases of the development be addressed in the current agreements. Under the Delta approvals, those issues were to be addressed when the developer was prepared to move forward on those phases. To address these issues, which primarily relate to the overall cost of acquisition and clearing of properties within the development area, U.S. Home requested and the City Council authorized the preparation of a Phase I environmental review on those properties. U.S Home agreed to pay the costs of the review and that work is ongoing at this time. The final negotiations regarding the allocation of acquisition and preparation costs between the City and the developer are on hold until the studies are complete and the likely costs are known. /os Agenda Information Memo Page 3 October 21, 2003 Eagan Economic Development Authority Meeting Old Business • Because the acquisition and clearance cost estimates are not complete, it is recommended that the Council consider giving direction regarding the architecture, phasing and performance deadlines and to direct continued negotiation of these points with the developer before final action on the amended and revised agreement. • In addition to the assignment and amendment of agreements, a number of development steps remain prior to construction of the project including satisfaction of Dakota County requirements for remediation of remaining environmental issues and application for and completion of Final Subdivision and Final Planned Development approvals. These can be processed concurrent with the other agreements, but are not complete at this time. • The City Council is also required to take action on this item after the EDA has acted. ATTACHMENTS: Enclosed on page -~ .~ ~ • is a copy of a resolution approving the revised phasing, performance timelines, architectural design and finish materials. Enclosed on pages D - ! is the proposal for modifications as submitted by Lennar Corporation, the parent of U.S. Home and Orrin Thompson. Enclosed on pages /,5~ are renderings of the proposed architectural and finish treatments. Councilmember packets include color copies of the renderings. /a6 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING REVISED PHASING, PERFORMANCE TIMELINES, ARCHITECTURAL DETAILS AND FINISH MATERIALS RELATING TO THE NICOLS RIDGE PROJECT AND TAX INCREMENT FINANCING DISTRICT N0.1 FOR U.S. HOME CORPORATION BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution Approving Revised Phasing, Performance Timelines, Architectural Details and Finish Materials Relating to the Nicols Ridge Project and Tax Increment Financing District No.1 Between the Eagan Economic Development Authority for U.S. Home Corporation. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a special meeting thereof assembled this 21St day of October, 2003. Gene VanOverbeke, Secretary/Deputy Executive Director /a ~ ¢nn~r CORPORATION To: Bill Pritchard From: Dennis R. Kliner Subject: Nicols Ridge Date: August 26, 2003 ~_. ~~_~~ - 1~~~~ Bill, attached is information for you to submit to Mr. Mike Ridley, Senior Planner for the City of Eagan. Enclosed you will find our narrative to Mr. Ridley and a package of approved and proposed renderings. If you have any questions or comments please see me. Thank you. /Ot~ +¢nnnr CORPORATION ~-,~'u L ~ 2~~17~ To: Mr. Michael J. Ridley- Senior Planner- City of Eagan From: Dennis R. Kliner- Regional Vice President- Orrin Thompson Homes Subject: Nicols Ridge Date: August 27, 2003 Dear Mr. Ridley: Bill Pritchard and I thank you very much for another opportunity to present our memo and colored renderings to you in anticipation of an approval of our plans for Nicols Ridge. This memo will describe some of the small changes from the approved plans to the proposed plans. You requested this material from our last meeting on August 20, 2003. We understand that you need this information from us prior to your presentation to the Economic Development Authority of the City of Eagan. This memo will outline in narrative form the differences from the approved plans of Mr. Parranto of Delta Homes to our proposed plans from Omn Thompson Homes. Allow us to address the condominium homes first. As indicated in my memo dated August 11, 2003, we will make no changes to the exterior elevations of the condominium homes. We believe the approved and current facade and elevations will be an attractive exterior streetscape to Nicols Ridge. We do however propose to substitute the stucco finish on the exterior for a James Hardie (Hardiplank) 50-year warranty siding. -This type of siding is considered far superior to any type of exterior finish on any home for long lasting durability. As indicated in my previous memo, we have a higher level of confidence in a lap fiber cement type siding than a stucco application. There have been too many negative press reports on water intrusion issues on a stucco application. Our customers desire to feel confident in their investment with a quality exterior finish material. The footprint of the building will stay exactly the same as what was previously approved. Our anticipated pricing will be in the mid $200's and up with over 1,750 square feet of living space. /a9 ¢nnc~r CORPORATION The second series of new homes will consist of our Village Townhomes. These homes have been created to compliment the area of Nicols Ridge condominiums and yet present another series of homes that is consistent with the cities desire to maintain the area as a unique urban community. We will list in this portion of the memo the advantageous changes from the Delta Homes plans that the council approved to our proposed plans which hopefully will be thought to be as desirable if not more desirable. For your review in this package please review the renderings which will show the approved and proposed plans for our Village homes and also the condominium series of new homes. There is one obvious similarity on the row homes in that the approved and proposed plans demonstrate. That is, the decks on the fronts of the homes create a shadow effect taking away the emphasis on the garage doors. We felt that was an important design element that we wanted to capture on our proposed homes. We are also intending on having full lookout windows in the lower levels of the homes. The footprint of the building will be slightly larger. This will allow us to have a more desirable lower level living space and offer athree-bedroom home with over 2,000 square feet in the upper $200,000 range. The Village homes will consist of four attached homes. Each being uniquely created to provide a mixture of exterior elevations and facades. Each separate building will have a different mix of home arrangements for each building so as to not appear common. The Orrin Thompson Homes Village homes will create a unique streetscape the City of Eagan desires by providing a row townhome building where each residence has its own distinctive look. This mixing of units will have an advantage that will allow this collection of homes the ability to interrupt the repetitious appearance that can be common in other communities. These row homes certainly bring back the nostalgic architecture that was used during the settlement of the land that John Nicols owned, relating to the arts and crafts movement of the early 1900's. Thus creating a true form of this early period architecture. iia `C=~ ¢nnc~r CORPORATION Our intention is again to use a fiber cement type exterior finish that will be consistent with the condo buildings and provide the best value and durability to your residents in the Nicols Ridge community. In regards to both collections of homes, it is our intention to provide a vast array of features and upgrades as standard features on both series of new homes. The abundance of these standard features will enhance the value and desirability of our customers that choose to build their next new home at Nicols Ridge in Eagan. We respectfully request your approval. Cc: Bill Pritchard /!/ The Nicols Ridge project, as originally proposed by Delta Development, consisted of three phases (three final plats) with a mix of Row Home and Condominiums being platted each year. U. S. Home Corporation is also proposing a three phase project, the difference between the two proposals is the distribution of homes that will be platted ' each yeaz. The attached is a written and graphic proposal that delineates the changes that U.S. Home Corporation is proposing. NICOLS RIDGE -Revised Phasing Proposal DELTA DEVELOPMENT Orange Phase One 4 Condo Bldgs 56 Units 8 Row Home Bldgs 32 Units Green Phase Two 3 Condo Bldgs 42 Units 4 Row Home Bldgs 16 Units Red Phase Three 4 Condo Bldgs 56 Units 7 Row Home Bldgs 28 Units 230` ti ~ ~_ ~~ U.S. HOME CORPORATION Orange Phase One 4 Condo Bldgs 8 Row Home Bldgs 56 Units 32 Units Green Phase Two 3 Condo Bldgs 42 Units 6 Row Home Bldgs 24 Units Red Phase Three 4 Condo Bldgs 56 Units 5 Row Home Bldgs 20 Units 230 ~~~ P. "-': ..,, ., -LAY - ~r ,~r--~ ~ ~.- L~- r F// D O m 0 --I O z z O m O m z rn r D O m m r O -v m z -~ 'C-i - .w..~ i ~+"+-I' ~ R \j ~ '_ 4 +~ h v-Yf ' w rJt :,~~ '~^~ •~a.~ `'C'il f .F~~~ ~.y W _ Q ;]~ ~€ .( t . ~: ~ r ~{ a 1. ~ -;Sl 'L~~~ ~'~~Y It ~' !viii ~i rt~~•t ~~~f-" r~•l.^~ ,r• `;:~~ -1n t. .if+~ r ~ ~~ ~1 .s {(~ ~! ~~lma:, .ia~ ?~ 1i,, it ~"q ,M .+.:• i', - i ~ ._ t~ ~w t 1~ ~.a t X 1 .a,. !a 1 ~~ . t i ~ j „ram ~ ~ ~.. -~"~~' t f F '~ ' t i .. i Su. d:.a.' '~L ~ ctiirt ~ ;7,q ' I k = '1 ~ tom"'}"" i t 7 i ~ ~.~ ~.kx ~. o .. l ~a j f-=. - ~ J t{ : ~~ 1 . ~~~ 'fit y~'> ,,r r.. b.x$' I~,~~ t ~•, "2"' a~asF„ i~nl: ~ ,Fr ~~ L ,j ~ iF.y~ i b ~. as •p! v: .. - i F _ I'. ~Y i ~i•, .t {F ! ~ ac t ~ j,~ ~ ~ ~ i E ; ~.' s ';~ ; i ~ ...E ' . ,~R:t(}:~... { ~,~ r _ .-.Its. ' • ' I x ~ ~,~, t ~~ll ~ , t! ~! t ~ w ~ ~ 1' r ~t3`F F ~~' eF°s ~' t ~~! ~ ~ ? `~ Ls"~• ,mow.. t ~ i , ~' . r i " ~ yr -~~ RY"r- .' .. ~ _'`~~-r"1.i-~p++,I. "~`".' A. .. •~ .~ ~,~.,.,; ? LtL war ~~~. t `t.~ 1 t v Y ~F 'ts. wt ~7 . .~.Y. y.t. "I 5// _ - _ .'-~' ~ .: ~. ~~ ~~ i : ~, T a r ~a~e ~ ~ ~ ~ c- 1 ~ l . , r i er' ~~ ''~ ~ • i ~ ~. `~ ~ n . ~, 5 ~_. i i. ~ ( I C I ~. .. ~~; -- f .i. ~ °~~ ~ C~7 ~ ~ ~ ~ ¢tD ,; _ } ; -i _ i~ r r~~ ~° ~~ i . _ r ~ v'i° ~~ f ~p~, F~II ~ 1'~ ~~ 'ti'p ~s 1p tI F. ~s4., { ~ _ ~~ ~~ if ~ii~~~~{~,~i~fi~~~~', ~ F~ < I tt t $' tt `` t 1 ~'~~ Ii ~ + t, r ~.~, ~ ~ r i ~~ ~ ~ _y feu. 1) < ~s ~ ~ a ~ +~'~ 'i ~ ~ { ~ ~ ~ ~.+ ~ ~ Its- ~i ~~ 1 r' ~ ~ 7', ;, \f tom, _ ~ ~ J , ~ ~ - - ''t~• e ~ ~ «_a _ ~~ - r _ ~ ~ ....t2+b 5 t, ty,- { yf _ ~ ~ ~ ~a W o~ ~ z zt O` O 3 I O I = ~ Z N Q< ~ cv Z QQ Q W ~tJ ' - r r~ a o,~~,'C~I ~ v N~ U~W O Z -~ I w yt ~ -_ _J ! m O ~ _ Q ~ V xt ~ ~ O _ /i6 w,:: r v ~ I . A i I ' ~ ,~~i~:~ij I,l;ttl,lt .I f, y I ~ ~_ ~ ` J I ~ ~ ~ 1~tit! ~S ' ~~ i('I~Il~ll~i~ ~ li f ,. ~ i t~ 4I I i l 11 I.f '--~ .iI { 'I~I~1lf~l! Iii,fl;ii:lllt ~I.II ) I_ I . ~ Iii i!f~ ~ IIII " I i ~ ~jli 1 I .I. !; -'I I iL 1 i ; I!ij~ ~~i~li 1 I ~ ~ iii ~ e , I itt I~~ ~ ~~~ ~ ~ I~il~ ~f ~- I'I!!: ~Il 'I ~~ ° °' w o~ ~~ < ¢~ ~ C O 3 = „ ~ ~ z c 2 N QQ Q W ~ W h ~Q ~ ® Q ( ~ pNQ X # ,_ U ~ S `1` `~ ~ z W ~ { ~ _I w ~ _J I mo .~' ~. Z ~n s- ~ ~~ ,/ ~~ ~~ .r 1i I I~~ ~~ i~ I (Ilj?I'1 r, ~ ~ I ' ~~~7+iy~' n o ~ ;I. f ~+II,jtill r ~iT ~W r ,, ~(1 j'I~1~ III ~ !I, f , I II ! '!~ ~ ~ 1 I!.. II i .. ~ .,3, II I I~i,l - ~ i I I r III i' ( ~ ~ ;!~ + 1 + I 1 ~~ z ~~ I '+~ Ii iiI'I' -_ I ~~' JN~~~,~" ~ ~ l el L rl I ~f I~ ! ~~~ ~ ! fI'`T ~f'i'~IL J ~~ ~ ~ ! t ,~ ! I I~ .I~~f, .( , ~ II ,III (~ ., ` ~I fl~illl ' II!!' i i~l ~'~ ~ W ~, ~ I! 'ii 4_ ~~ ~ ~ I~~~(~~(' i~- F~{ 'C~ ' 4 - ~i~ 1 l ~~ -~II II ~~~(~~~ f.~7il ~- YI ~r f~ -- : ~ _ W, '.I I ~~ I~ n c f I jl a-~'. T I 1 r~ ~' 1 ~I ~ I j s z~ • ~~ ifl~ vl~Gi I ( I !I i , ! i jf ~ II (I I Ij: ~ ,f I ~~(~~b~ ~~ f; , '. j~ I Ill t{ !i,.,j Tlf rte I .~ ~:,~,I! .II il~li..~~ ~!,! i .. . y /~~ 1~// ~~~~ I ' •I••~~I~. 1~# ~I y ~ r ~: ~\ ~` ~I C^~ i +Lt ••~ .m \: ~y ~ ~ ~.y f~ 1 I t II qf` ~`l I ~ ~ ' ~ ' C ~ : i '~~ I ~. C ~~ ~; ~ ~ ~ e ~ ~~ ~~ i ; _ 1 ~; - , ~ i' s ^ ~ i ~~ _- ~} s ~+~ ° - ~ ~ / i `F C ~ ~~ ~~ ~3% e ~'1I' > ~ pp I ;~ I ~~.~, !; ~ ~f l=mil f II~` - ~ ~ :,~ ~ '~' ~"_ ~ ' .I 1 7. r ~J'.~at'4~'""'_ t. -: i k 11 ~~ ~~~ ~' ~ ~ ~ r I _~ ~ ~ ~. - I 1'~, yr ~~ < < ~~ ~ r ~ ~'~~; ~ ~ ~~ -__- ~ II-"IIIrr i f~ 1~ li I' r. '~} rf i!. i. iI 1 ~ - - ~ -~ --~~ L-. - _- __ `~~r -~~. Agenda Information Memo October 21, 2003 Eagan City Council Meeting IV. OTHER BUISNESS A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION ACTION TO BE CONSIDERED: To approve modifications of the architecture and finishes, phasing and performance timelines for the Nicols Ridge Housing Project. FACTS: • At the Request of Delta Development, Inc. the EDA has adopted a resolution approving the assignment of the Development Agreement with Delta Development, Inc. ("Delta") relating to Tax Increment Financing District No. 1 in Cedar Grove Redevelopment Project to U.S. Home Corporation, which operates locally as Orrin Thompson Homes. • In addition to the assignment of the development rights and obligations, U.S. Home Corporation is requesting changes to the Development Agreement that presented at a Special City Council meeting on September 9, 2003. • These modifications include a modification of the architecture and finish materials from the design and finishes which were included in the Delta approvals, a shift of a small portion of the development from Phase 3 to Phase 2 and an extension of the performance timelines of one year to take into account the delay between the original Delta approvals and the current request for modifications. • At its meeting of September 16, 2003, the Economic Development Authority reviewed these requests. No significant concerns were voiced regarding the phasing, performance timeline or general architectural changes. The EDA did discuss the proposed finish materials and directed the developer to reconsider the use of a substantial amount of stucco or a finish palate that reflected the Cedar Grove District finish materials standards. • U.S. Home has submitted revised elevations of the condominium and row townhome buildings that incorporate some stucco on the condominium units and a combination of some stucco and brick on the townhome units, with the remainder of both buildings to be finished in Hardiplank, a durable, cement-based lap siding guaranteed for fifty years. 1~9 Agenda Information Memo October 21, 2003 Eagan City Council Meeting • The CGD standards call for all sides of a building to be treated as a front and the following percentages of finishes: • At least 60% brick, stone of glass. • No more than 30% decorative block or integrally colored stucco, with the qualification that synthetic stucco may be permitted on upper floors only. • No more than 10% accent materials including door and window frames, lintels, cornices and other minor elements, with may be wood or metal if appropriately integrated into the overall building design. • The U.S. Home proposal's finish breakdown is as follows: • Condo's: Block and Stucco 25 Window and Doors 25% Siding 50% Row Homes: Brick and Stucco 25% Windows and doors 25% Siding 50% • The Economic Development Authority will consider this item on its agenda preceding the Other Business section of the Council Agenda ISSUES: U.S. Home has requested that certain issues and costs associated with acquisitions for subsequent phases of the development be addressed in the current agreements. Under the Delta approvals, those issues were to be addressed when the developer was prepared to move forward on those phases. To address these issues, which primarily relate to the overall cost of acquisition and clearing of properties within the development area, U.S. Home requested and the City Council authorized the preparation of a Phase I environmental review on those properties. U.S Home agreed to pay the costs of the review and that work is ongoing at this time. The final negotiations regarding the allocation of acquisition and preparation costs between the City and the developer are on hold until the studies are complete and the likely costs are known. Because the acquisition and clearance cost estimates are not complete, it is recommended that the Council consider giving direction regarding the architecture, phasing and performance deadlines and to direct continued negotiation of these points with the developer before final action on the amended and revised agreement. ATTACHMENTS: • Background information provided in Economic Development Authority packet. /ao ~oF~`~;~ Minnesota Department of Public Safety ~i~~ ~,a,•..o~~ Alcohol and Gambling Enforcement Division ~ '~ ~ ,.,` ~ _ ':~ 444 Cedar St-Suite 133 ~~,;.- _~- . =._.:~? St. Paul, MN 55101-5133 P ~ "~~'• ...~~Q~ 4jFOFMINNE~~ '~rt1858~' (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION N ~1~ ~FQRGA~ZAT ~O~ ~ ~ ~ DATE ORGANIZED ~AX3 X~~T NUMBER r ~ ~ It ~ ~ STREET ADD S CITY STATE ZIP CODE N E OF PERSON MAKING APPLICATION BUSIN S PHONE SCi7Dd 1 H ME PHO E ~F?A ~ ' ~' ~ ~~ fir- ~~ (~s n ~v - 7~ ( sl) ~~ -~ DATE LIQUOR WILL BE SOLD TYPE OF ORGANIZATION ~Q.n u,~..r~ L ^ CLUB ^CHARITABLE ^RELIGIOUS ^OTHER NONPROFIT ORGANIZATION FFIC R'S NAME - ~' h ~ ~ t~z ~ ADDRESS ~to3 ~ 1,,f- K~~b n i?~ ~ S 1 ORGANIZATION OFFICER'S NAME ADDRESS ~ ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoo r area, describe ~ p ~ ` -~ i 1 SS l : tC'_l > a~ 5S 12--I Will the app ' ant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. hD Will the applicant carry liquor liability i~~j}y~~surarlce? f so, the carrier's name and amount o coverage. (~ f oy ~ VY ~ ~ ` ~ Q O (NOTE: Insurance is not mandatory.) [~ tG )U~altCt 1 ?~u A - 501 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the -icense. Submit to the city or County at least 30 days before the event. PS•09079 (6/98) ~~ 3355 Columbia Drive * Eagan, MN SS121 Phnnv. /h.51) 4~/i-4747 * Fm- /h.51) 4nh-474.? September 30th, 2003 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license on January 24, 2004. We are holding our fifth Annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds from the Auction will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. ^ The designated property of the event will be limited to the school grounds, which includes through out the school's building. The following security measures will be taken to ensure proper safety, in enforcing alcohol beverage sale and consumption laws, crowd control and public safety, and checking the ages and identification of attendees. ^ No person under the age of 21 will be sold or served alcoholic beverages. ^ No person will sell or give alcohol beverages to an obviously intoxicated person. ^ All persons who consume, purchase or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from the list provided from the city of Eagan). ^ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ^ No person selling alcohol shall be intoxicated during his or her work shift. Church of St. John Neumann * Church of St. Peter * Church of St. Thomas Becket 3355 Columbia Drive * Eagan, MN SS121 Phone /h51) 4nh-4747 * Far. /h.51) 4nh-474.3 ^ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to persons intoxicated is prohibited. ^ Licensee will provide volunteer private security to monitor the licensed area. ^ Licensee will follow the designated hours listed in the City of Eagan procedures. ^ Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on- site manager will complete training in alcohol training in alcohol beverage service and will train servers and security personnel of the same. If you have any questions, I can be reached at 651-688-9380. Thank you for your consideration. Respectfully submitted, Patricia Bower-Jernigan, Chair 2004 Faithful Shepherd Catholic School Auction Church of St..1ohn Neumann * Church of St. Peter * Church of St. Thomas Becket r ,~Tx~sT 4 9T Minnesota Department of Public Safety ~toFpoe~ y~%o~tenaNO ~~ ~`~ ~. .4Qr~.o, A ' ' ' ~ lcohol and Gamblin Enforcement Division ~ ~ ~-: ,_ ~~~ ~ ~~: '_-_- - ~~~ 444 Cedar St-Suite 133 St Paul MN 55101-5133 a - :_ - ~ . , P ~ ~~'••., ' __ `O E~' ~~'~*I858+`lS-~ ~fi 4jF Ems" OF MINK (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FORA TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION N O OF O~ ANIZATION DATE ORGANIZED TA~ EX EMI~N2MBER ~ ~ A Z ST~EJ~T,AODDORESS I ~~ CITY ~ STATEA' ZIP CQ~E ' V NA + F OF~ERSON M NG APPLIC ATION BUSINES S PHONE HOME PHONE - ~ ~J ` 1 ~ DAT^E j~ LIQUOR WILL BE SOLD ' V ~~ ~ O TYPE OF ORGANIZATION ^ CLUB J~CHARITABLE ^RELIGIOUS ^OTHER NONPROFIT ORGANIZATION OFFICER' N ME i 5t-~-~ e ~'` CI ADDRESS u~-h~e~+- r~ .~~Q O ~ ex'rrtan ~''~ ORGANIZATION OFFICER'S NAME ADDRESS ~q(I~ ~ rnN ~'Z3 ''""'' ~~~~ ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor area, describe W Ctrs_C~~i~nNC1SI1,t1~1,~TYGtt'.K l~-Ye~ ,' 11~' rv~ng vV~ne only Fr clm .7 i~}~rn on >> 8 03 Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability in ance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMTITING TO ALCOHOL & GAMBLING ENFORCEMENT CITYICOUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) 10/13/03 10:55 FA% 6516834704 S w Y M C A 5oul'hwest Area XM(:A 550 Opperman Drive Eagan, iVIN 55123 651-456-9622 fax' 651-685744 October 13, 2003 Maria Petersen City Clerk/Administrative Services Coordinator 3830 Pilot Knob Road pagan, MN 55172-1897 Dear Ms. Petersen: X004/005 ~v 'YMCA Wa build gnvng kids, strong f.~rsulies, strong commuiuties. I am writing to request a waiver of tfie $150 fee for Temporary bn-Sale Liquor License for the City of Eagan. We are requesting license for our community fundraiser called Dine Dakota. Prioaeeds fnvnf the event wi// benefit Teens at Risk through the YPertners prrvgram. Dine Dakota is both a local fundraising event and a way to experience cuisine from 24 local restaurants that are donating their food to our event. The fundraiser will take place on Saturday, November 8, 2003 from 7-10pm at the Southwest Area YMCA. Tickets will be sold in advance by YMCA volunteers and staff to members of the local community. The YMCA will be serving wine and sodas only for the event. The YMCA is a community basest, not-for~profit organization and serves people of all ages, backgrounds, abil'~ies and incomes. The mission of the YMCA is to put Christian principles into practice through programs that build healthy spirit, mind and body for all. Our vision in the community is to build strong kids, strong families and strong communities. Thank you for your consideration. Sincerely, , J /_ ~LQ,GQ/Q~~ Heidi Bardwell YMCA District Marketing Director Dine Dakota Committee Chair 10/13/03 10:55 FAX 6518834704 S IR Y M C A ~ 005/005 C+ty of Eagan Procedures Temporary Liquor License SITE PLAN a) The Uquor Service will take place INSIDE the Southwest Area YMCA, 5S0 Opperman Drnre, Eagan, MN 55123. The event will be in our Gymnasium, hallway and track areas. b) There will be 2 locations INSIDE the YMCA searing the wine. One bar in the hai{way area, one bar on the track. INSURANCE The YMCA will carry Uquor liability insurance. Carrier's name and amount of coverage wi11 provided. P~LIC SAFETY/SECURITY • The YMCA will sell rickets to the event and would be sold to attendees over 21. Attendees to the event MUST have a ticket to enter the YMCA for the evening. Tickets are sold in advance. • Upon arrival at the event, YMCA staff will check appropriate I.D.s and wrist bands to attendees. • Appropriate signs will be posted at entrances to the YMCA notifying that sales to persons under 21 are prohibited. • Anticipated attendance is 350-440 people. The event is ticket-based. • YMCA personnel and volunteers will handle all security issues that should arise in the appropriate manner. YMCA staff are trained in first aid, CPR and crisis management. Additional security will be purchased as required. Numbers and names will be submitted as required. Alcohol will be consumed from 7-10pm Saturday, November 8, 2003. Clean up of the event will take place immediately following the event for approximately i-2 hours. No liquor will be served during that time. • individuals under 21 in attendance will be clearing tables and cleaning up after the event. These individuals will be directly supervised by YMCA staff. • YMCA will pay any fees incurred to the City for any on-duty Police officer assigned to the event. • On-Site Manager of the licensed area will be provided by the YMCA. Tom Hedges From: Tim Staley [TStaley@YMCAstpaul.org] Sent: Wednesday, October 15, 2003 5:27 PM To: Tom Hedges Tom Hedges City Administrator City of Eagan Dear Tom, This memo is a request to the Eagan City Council to wave the restriction of wearing wrist bans as required by our temporary Liquor License at our November 8th fundraiser, "Dine Dakota". This is the fifth year for this event and it has been a great fundraiser for the YMCA. It is an "adult only event" and the only liquor served is wine. I would hope the Mayor and the Council would see our event as very controlled and supervised to the extent that a wearing wrist bands would not be necessary for the event to be properly controlled. Please let me know if there is any other documentation or information you might need regarding our request. Thank you for your consideration, Tim Staley Operations Vice President 1